Mr. Croftons case soberly considered, plainly stated, and humbly submitted to the consideration of just and prudent men made publique to silence clamor, correct mistake, and acquit him from the charge of high treason vrged by Tho. Tomkins, fellow of All-Souls, Oxon. and others in their frivolous, scurillous and invective pamphlets. 1661 Approx. 63 KB of XML-encoded text transcribed from 15 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A51017 Wing M2260 ESTC R25739 09098254 ocm 09098254 42436

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Early English books online. (EEBO-TCP ; phase 1, no. A51017) Transcribed from: (Early English Books Online ; image set 42436) Images scanned from microfilm: (Early English books, 1641-1700 ; 1290:8) Mr. Croftons case soberly considered, plainly stated, and humbly submitted to the consideration of just and prudent men made publique to silence clamor, correct mistake, and acquit him from the charge of high treason vrged by Tho. Tomkins, fellow of All-Souls, Oxon. and others in their frivolous, scurillous and invective pamphlets. Griffith, Hugh. [4], 22 p. Printed for the Authours, London : 1661. "Epistle dedicatory" signed: Hugh Griffith, Henry Hall, James Green, Thomas Eaton. Reproduction of original in the Union Theological Seminary Library, New York.

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eng Crofton, Zachary, 1625 or 6-1672. Solemn League and Covenant (1643) 2007-11 Assigned for keying and markup 2008-01 Keyed and coded from ProQuest page images 2008-03 Sampled and proofread 2008-03 Text and markup reviewed and edited 2008-09 Batch review (QC) and XML conversion

Mr. Croftons Caſe SOBERLY CONSIDERED, plainly Stated, and humbly ſubmitted to the conſideration of JƲST and PRƲDENT Men. MADE PUBLIQUE To Silence Clamor, Correct Miſtake, and Acquit him from the Charge of High Treaſon. Vrged by Tho. Tomkins Fellow of All Souls Oxon. and others in their Frivolous, Scurrillous and Invective Pamphlets.

Eccleſ. 8.14. There is a vanity done upon the earth; that there be Just men, unto whom it happeneth after the work of the wicked. Iſaiah 59.15, 16. Truth faileth; and he that departeth from evil maketh himſelf a prey; and the Lord ſaw it, and it diſpleaſed him that there was NO JUDGEMENT, and he ſaw that there was NO MAN, and wondred that there was NO INTERCESSOR.

LONDON, Printed for the Authours, 1661.

TO THE Right Honourable EDWARD EARLE OF CLARENDON, Lord High Chancellour of ENGLAND. May it pleaſe your Honour,

ALthough the Confinement of Mr. Crofton, ſeemeth to paſs with the leaſt regard, we cannot but with grief obſerve, it hath not the leaſt reflection on the Juſtice and Honour of his Majeſties Government; The perſon being known to have aſſerted and adhered unto his Majeſties Juſt Intereſt in the worſt of times, under, and againſt the late Ʋ ſurpers, and their baſe Complyants and Confederates, unto the loſs of his Eſtate and Liberty, and Hazard of his Life; nor is any Defection in his Loyalty viſible to men, who can ſee no cauſe for his preſent Bonds, ſave the Caſuiſtical debate of the Oath, the Providence of God had brought on this Kingdom, and that before it was interdicted by any Law.

We cannot but be afflicted to conſider the inſultation of his Majeſties known enemies, in the ſufferings of this man, his Majeſties known Faithful and Loyal Subject, who obſerving him to ſuffer with them, and more then the most of them, according to their Blaſphemous Argumentation from providence, conclude (not without reproach to his Majeſty) that his preſent bonds, is Gods puniſhment for his active endeavours for his Majeſties moſt happy reſtauration, reputing his zeal therein, to have been his moſt grievous ſin, which notwithstanding we are well aſsured, his heart doth abide moſt upright and ſincere towards his Majeſty.

We have in ſilence long expected ſome Ebedmelech, in the Kings Court, to procure his diſcharge from his Dungeon: and conceived ſome by the duty of their place bound, and better capacitated then are poor we, would have appeared by way of Apologie for his innocency, but have been therein failed; leaſt therefore God ſhould ſay, and wonder there was no Interceſſor, we have preſumed to break ſilence, and make Publique our apprehenſions of his Cauſe and Caſe, ſubmitting the ſame to the cenſure of Juſt and Prudent men.

It hath (Right Honourable) been ſuggeſted to us, nor have we been void of fear, that this Apologie for our Friend might prejudice him, and endanger us, though we confeſs we can conceive no cauſe thereof, ſave that irrationalitie and injuſtice which judgeth Truth to be treaſon, which we dare not but think is a ſtranger at, and kept at a diſtance from our Kings Court; we profeſs our deliberate thoughts conclude Magna Charta, and the Petition of Right ſhall be as ſoon violated, and the Priſoners humble demand of an Habeas Corpus be determined a crime, as this plain naked repreſentation, be reflected to his damage, or charged on us as an offence; We obſerve the Quakers and others, do with much boldneſs publiſh their Caſes without Control, and we cannot ſuppoſe this courſe more offenſive in Loyal, and ſober Presbyterians, nor can reaſon condemn us for vindicating him, by that way whereby Tomkins and others have defamed him.

We are not much acquainted with the Laws, nor do we underſtand how far ſome late Laws may extend; but we profeſs our ſelves men of Conſcience, and fly to Your Honour as Judge of Equity: We have indeed conſidered our Friends Caſe, as it hath been repreſented by Vulgar Clamor, and Scurrillous Pamphlets, becauſe we can know it by no other means, no Accuſer, or Accuſation having appeared againſt Him; which if there ever do, we ſhall leave Him to Anſwer, and do not doubt but He will fully acquit himſelf; Our Conſideration is ſuch, as we fear not to Tender to Your moſt ſerious Scrutinie, with an aſſureance of a moſt Wiſe and Juſt Decree upon it, ſo far as Your Honours Power doth extend.

We want not matter of Clamorous complaint, concerning the hard Ʋſage of our Friend in this cloſe Impriſonment; Where by perdidit patriam, domum, familiam, imo & eccleſiam, cultumque Dei publicum; A manifeſt Bondage: the Illegal diſpoſing of his Church, immediately on his Confinement, to the depriving of him of all poſſible means of Subſiſtance to himſelf, and numerous Family, and that without allowing him the maintenance, he ought by Law to enjoy whilſt His Majeſties Priſoner: And the many tedious chargeable, and (what 〈◊〉 worſe) bootleſs applications by humble Addreſſes, and ••… any Submiſs Petitions never Anſwered: But theſe we ••… ve, being unwilling to reflect on Perſons or Perſonal 〈◊…〉 and convinced Our Friend ſuffereth by miſtake, 〈◊…〉 •… pprehenſion of what he is, and what he hath written; the which being hereby made manifeſt, we moſt humbly pray it may, and cannot doubt but it will obtain Your Honours moſt Favourable Mediation to the Kings moſt Excellent Majeſty, for the diſcharge of his long Impriſonment.

VVe will not further trouble Your Honour, ſave to beg Your Pardon for this over bold Addreſs, conſtrained by compaſſion to our Friend, and Conſcience towards our Righteous God.

May it pleaſe Your Honour, We are Your Honours moſt Humble Servants, Hugh Griffith. Henry Hall. James Green. Thomas Eaton.
Mr. Croftons Caſe Soberly Conſidered, plainly Stated, and humbly propounded to the Conſideration of Juſt and prudent men.

MR. Zechariah Crofton, Miniſter of Botolphs Algate, London, now is, and ever ſince the twenty third day of March 1660. hath been a cloſe Priſoner in the Tower of London, not permitted pen, ink and paper, nor any other way or means whereby to plead his own cauſe, or vindicate himſelf from the calumnies caſt upon him, by the tongues and pens of violent and unreaſonable men; we therefore conceiving our ſelves as fellow ſubjects intereſted in his reſtraint: And as men and Chriſtians bound to Plead the cauſe of the oppreſſed, and to do as we would be done unto; and obſerving that trembling, ſtupendious and God-amazing ſilence, which hath ſeized upon ſuch (who in point of duty and ability) are more capacitated, Iſaiah, 59.16. and charged to plead the cauſe of the poor, then are we our ſelves, have preſumed to enquire into, and repreſent to others his caſe and condition, in reference to the cauſe of his preſent ſufferings, which we are convinced are continued upon him through miſapprehenſion, he being reported and concluded to be, what indeed he is not.

Although every tongue and pen can now call him by no other name but Traytor, ſuch as have known the man, his principles and practiſes, yea and ſuffering; and obſerved from what perſons, and for what cauſe he received the ſame, cannot but know he was Conſcientiouſly loyal, and conſtantly faithful to the Kings Majeſty and his Intereſt in theſe Kingooms; he having manifeſted the ſame (beyond all poſſibility of denial by any) by his retaining his Loyalty and adhaering to the Exil'd King, as his only liedge Lord, in the very worſt of times, under our late Uſurpers; in his place and to his power oppoſing them, diſowning their Authority, denying to ſubſcribe the Ingagement of fidelity to them, and declaring againſt it as ſinful; diſſenting from, and many times expoſtulating with his complying Brethren, and ever refuſing to concur in any Addreſle or Application to them: by his Sequeſtrations, and many ſufferings he received from them, for no other cauſe, then his Loyalty unto his Majeſty (then in a low Eſtate:1649:) by his Sermons preached at Namptwich, at Weſt-cheſter, at Caherine Coleman and Peters Church in Cornhill London, 1659. Vid. Proſpring profaneſs, and his letter to a Member of the Rump-Parliament. rebuking the barbarous murther of his late; Rebellion and defection from his now Majeſty, and perſwading a penitential return of Allegiance to him our lawful Soveraign; the which he enforced with many Pathetical and pregnant perſwaſive Admonitions, publickly Printed; and the ſame is made the more legible by the joy of ſuch by whom he formerly ſuffered, and with whom he now ſuffereth, who now tauntingly inſult over his preſent ſufferings, & upbraid him with his paſt adherency to his Majeſty, ſaying, Nothing but a King would ſerve his turn, we hope he hath King enough now; we well knew they who were ſo zealous for the King, would fare no better, then thoſe that were againſt him. Theſe and the like Evidences of his ſincere Loyalty are ſo notorious, that we ſhould labour without cauſe and to no purpoſe, to ſpecifie particular proofs, his very enemies, not being able to deny them; That this man retained the ſame affection to his Majeſty after his happy Reſtoration, we need not inquire into his domeſtick Expreſſions of Joy, and daily praiſes to God, as evidences thereof; the ſame having been amply teſtified by his Publick Miniſtry, and the doctrine of Obedience and ſubjection to the King which he Preached at St. Antholines Church London, from 1 Pet. 2.13.14.15.16. and the doctrine of Thankſgiving to God for ſo great a Mercy Preached on May 10. and June 28. 1660. at Buttolphs Algate immediately before, and after his Majeſties happy return, from that Text, 2 Sam. 22.48, 49, 50, 51. And by the Doctrine of humiliation for the horrid Regicide the barbarous murther of his late Majeſty, which he preached from 2 Sam. 1.11, 12, 13, 14, 15, 16. On the 30th of Jan. the ſame year, all which (were they not too tedious for a diſcourſe of this Nature) we had thought to have inſerted in theſe papers ſix out of thoſe book notes which we took from his own mouth, when he preached the ſame; Thus much we will be bold to ſay, that the expreſſions of his Loyalty in thoſe Sermons, were ſuch as might vie with thoſe who injoy the moſt of his Majeſties favour, and adminiſter to all that know the man, matter of amazement and admiration, that he is reſolved into ſuch ſufferings under pretence of Treaſon and diſloyalty, which muſt needs be the reſult of miſtake, or unkindneſs.

We cannot but admire with what honeſty or modeſty, men do confound Mr. Crofton with thoſe (becauſe profeſſedly the ſame with him in Eccleſiaſticks,As doth Mr. Tomkins in his Strictures.) who acted or irritated open Rebellion againſt his late or preſent Majeſty, (which his Soul ever abhorred,) or who did baſely comply under our late ſinful, ſhameful revolutions: with what face can men reflect the odium of theſe things, upon the perſon who acquitted his Conſcience and Credit, by a conſtant and publique diſavowing the one and the other, and in his place declaring the ſinfulneſſe of both, and whereof his writings do very plainly ſhew his diſlike and deteſtation, making it his buſineſs to vindicate the Solemn League; and Covenant from the leaſt cauſality of ſo ſad effects, affirming theſe to have been the perjurious violation of that. We wiſh the Serious Reader, willing to be ſatisfied in this particular, to review his Analepſis, pa. 7, 8, 15, 16. Analepſis An elepthe, pa. 17, 18, &c. Berith Anti-baal, pa. 51, 52. When we conſider Mr. Croftons conſtant Loyalty, and confeſſed vigour, and activity in bringing back the hearts of his Majeſties Subjects, and reflect on his preſent ſufferings, We muſt confeſs we are not without fear, that the envious Obſervation of ſome of his Majeſties enemies, may cloud the honour of our moſt Gracious King, with the Oblivion of Joaſh towards Zechariah the Son of Jehoidah, or the unkindneſſe of Queen Mary towards Mr. Dobs, and the Goſpellers of Norſock and Suffock, whom ſhe Impriſoned and Pillored for only minding her of her promiſe to them paſſed, for the clearing her paſſage to the Crown.

The only matter our beſt enquiry will give us to underſtand, or our ſelves can rationally conj cture, as an offence chargeable on Mr. Crofton, is, the Affirmation of the Obliging force of the olemne League and Covenant, and in order thereunto obſerving and arguing the Legiſlative power of the two Houſes of Parliament without the King; Theſe two we confeſs are Legible in thoſe writings, which bearing his Name in the World, are reputed his; Theſe Books we have heard were Objected to him (without any ſpecification of any thing or word Offenſive or Trayterous,) when he was Committed Priſoner to the Tower; Concerning theſe Aſſertions we humbly offer theſe things to be obſerved, which we conceive to be worthy a due and ſerious conſideration.

1. Firſt, Mr. Croftons Affirmation, or rather Argumentation of theſe principles, was, before the ſame was Interdicted by ay Law or Authority, and (if without offence we may obſerve it,) when it was a duty impoſed on all his Majeſties good Subjects (required to uſe their utmoſt endeavours to promote the ends of the Covenant, and that as an evidence of their Fidelity to God and their King) by his Majeſties Royal Declaration, tranſmitted out of Scotland, and (which we have heard) was delivered to Mr. Crofton by a Colonel in his Majeſties Army, marching to Worceſter, with an expreſs charge to believe and purſue it as his Majeſties expreſſe Pleaſure: We are ſenſible the affirmation of theſe principles is now forbidden by a Law, and is puniſhable by a Premunire in ſuch who ſhall affirm them, or either of them after the 24th of June, 1661. But in Mr. Croftons Caſe we cannot but obſerve, his Act was in Auguſt, September and October, many moneths before the Law which doth forbid it; What is a Premunire, by the Laws we conceive could be no Treaſon before the Law was made; Where there is no Law there is no Tranſgreſſion; it is an adviſe worthy a King ſo juſt, and wiſe, as was King James his Majeſties Grand-Father, and to be ever Remembred by all Princes and Miniſters of Juſtice; Proceed judicially and ſpare none where you ſee cauſe to puniſh; But let your proceedings be according to Law, and remember Laws have their eyes in their fore-head, not in their neck, for the moral reaſon for the puniſhment of vices in all Kingdomes and Common-Wealths, is, becauſe of the breach of the Laws ſtanding in force, Speech in Parliament, 1621. the 19 of his Reign. for none can be puniſhed for the breach of Lawes by Predeſtination, b fore they were made: That Mr. Crofton was committed to Priſon for this Cauſe, might be reputed an Act of Prudence; but that he is nor enlarged, now that his Spirit and Principles are under the Reſtriction of a Law, ſeemeth to us ſomething hard and unpolitique; the rather for that a Royal command is fairly pretended to have engaged him in this conteſt, and that he did it before the bring o that Law, according to which Juſtice muſt acquit him if he had been a Tranſgreſſor thereof, more then the time thereby directed for proſecution having paſſed between his Act and Commitment, and more then twice as much ſince he was confined, and yet no legal proceſs hath paſt againſt him.

2. Mr. Crofton hath as a Divine Diſputant and Caſuiſt, affirmed theſe Principles as Weighty and Importart, but doubtful and undetermined by any good and Juſt Authority; He therefore having uſed the freedom and confidence of a diſputant in his diſcourſe, doth conclude his Argumentation with this profeſſion;See the concluſion of his fetters. Might my poor weak papers provoke more ſerious Caſuiſts, (in good earneſt as before God, and in the dread of an Oath,) to ſtate and by right Religious Reaſon, reſolve this caſe of conſcience (though in the negative) I had obtained my deſire, and (if I know mine own heart) none ſhall he more ready then my ſelf to fall down and worſhip, and confeſs God is in you of a truth.

We have not known that in any well-governd Common-Wealths, nor can our reaſon conceive that Logical Diſpute and Caſuiſtical Debate (of things weighty, doubtful and not prohibited) was, or could be Judged any crime, much leſs a crimen laeſae Majeſtatis; We hope we may without offence obſerve, that the earneſt opponents of the divorce of King Henry the 8th, and the Title of Renouned Queen Elizabeth to the Crown of England, or any of them were not for the ſame Apprehended or Impriſoned as Offendors, until after that the Law, (the mature and deliberate debates by both Univerſities, all the Caſuiſts in Chriſtendom and the Eſtates of Parliament, having firſt cleared and concluded the queſtion diſputed,) had duly interdicted the further debates concerning thoſe matters; The Obligation of an Oath, (in which God is immediately concerned,) we think we may ſay with confidence) is not inferiour to the moſt weighty of theſe caſes; and no man can or will deny Diſputation is directed by God and nature, and uſed and allowed by all Men and Nations (the Barbarous Turk, and in caſes of Religion only excepted,) as the only ready and rational means to diſcover truth, and diſperſe ſuch clouds as darken the ſame; Confutations of fury and falſe witneſs are regiſtred Comments on the ignorance and impietie of Stephens Antagoniſts; and of fire and force is the high diſhonour of Queen Maries Reign, the ſame better beſeeming the wilful, malitious, obdurate Jew, and blind, bloody Papiſt, then the Rational Religious Chriſtian, and reforming Proteſtant: whoſe onely Honourable warfare, hath been ever managed (unto good ſucceſs) by Argumentation, enforced by Prayers, and Tears as their onely Weapons.

3. Mr. Crofton did not firſt begin and ſet on foot this Diſpute: This controverſie was provoked by the Reverend Biſhop of Exceſter Dr. John Gauden; his Analyſis ſounded the Alarm, and challenged all men (who feared an Oath, ſacred in its nature, and the onely ſecurity of humane Order and Societie) eſpecially Miniſters (the Guardians of truth, and guides to dutie) to appear unto the defence of the (ſince condemned) Covenant; Mr. Crofton indeed (forward in zeal, and having improved this Oath to the advantage of his Majeſties happy return) did firſt ſtep forth, and with all ſobriety receive, and repell the Biſhops firſt aſſault; the which the Dr. enforcing a ſecond and third time, he reſiſted with more Logical and Theological ſtrength, taking the Principles from Grotius the Civilian; the learned Sanderſon now Biſhop of Lincoln the Caſuiſt, and Sir Thomas Smith, Horn and Forteſcue the Lawyers, beſt acquainted with the conſtitution of the Government of this Kingdom; the which he uſeth as his Medium, by which to conclude his Argument: So that it is viſible to all men that Mr. Crofton is defenſive in this whole debate; and is no further criminal, then in ſuffering his Reaſon to infer, and relate the concluſion, which the principles approved by all men, and aſſerted by approved Authors do enforce: Civilians do conclude defenſive, to be the moſt (if not onely) lawfal War: Our Law and Reaſon doth conclude in all Quarrels, the offence is in him who gave the firſt blow, and began the Fray, no man was ever found guilty of Murther or Treaſon, for killing a man ſe defendendo; the heat of the Chaſe, and chance of Hunting, acquitted Sr. William Tyrrel from the guilt of Treaſon or Murther, though he ſlew King William the ſecond; and men of Ingenuity will acknowledge it to be a moſt fair, candid and clear conqueſt, which is obtained by the Sword of Goliah, the enemies own weapons; whileſt premiſes ſtand approved, other men will not want Mr. Croftons reaſon to infer the concluſion, nor can they think this common Act could be in him a Capital crime: We cannot but acknowledge the Wiſdom and juſtice of our late Martyred Lord, King Charles the firſt, who determining to ſilence the Arminian Controverſie (which then diſturbed the peace of the Church) did firſt by his Royal Proclamation call in the Book Appello Caeſarem publiſhed by Dr. Montagne Biſhop of Chicheſter, as that which was the firſt cauſe, and gave occaſion to thoſe Diſputes and Differences which troubled the quiet of the Church: We dare be bold to avouch it, that if Dr. Gauden had not appeared againſt, Mr. Crofton had not (in this way) appeared for the (now condemned conſumed) League and Covenant, and we hope we ſhall not have cauſe to think the Biſhops Analyſts was let looſe, to Ducquoy the ſober, ſerious, conſcientious, and ſincerely Loyal Covenanter, into a ſnare of Deſtruction, by a Diſputation of a matter ſo weighty, and undetermined.

4. Although Mr. Crafton may in this Diſpute have ſtrained towards one extream, and ſeemeth to have attributed more to Parliaments, then what doth appertain unto them, (which is the ordinarie infortunium of a Diſpute) yet he hath not in theſe wrightings uttered any expreſſions of Diſloyalty, or diſreſpect to the Kings Majeſty, or of adviſe and provocation, unto tumult and diſorder in the people, whereby his Majeſties Perſon, Crown or Dignity, could be endangered, or the Peace of the Kingdoms be diſturbed: But on the contrary, they contain (in the general ſcope of theſe writings, beſides many particular expreſſions thereunto conducing) the greateſt evidence, and ſecurity of Loyalty to the King, and peace unto his people that can poſſibly be given; as an evidence hereof we pray it may be obſerved.

1. Mr. Crofton is ſo far from abetting, approving, or defending the Rebellion againſt and uſage of his late Majeſty, that he doth expreſly diſown, and damn the reſiſtance of his Authoriry, and violence upon his Royal Perſon, as a moſt horrid and execrable Rebellion, a moſt baſe and Barbarous Regicide, See his Analepſis, p. 8.15, 16. Analepſis, Analepthe. p. 105. Berith Anti-Baal, page 52, 53. a moſt odious and perjurious breach of the Covenant: Which he vindicateth from the odium thereof, and affirmeth to have been ſo far from being the cauſe or acceſſorie occaſion thereof, that it is in it ſelf the moſt full ſecurity and ſtrength unto the contrary, that ever was or could be given: and obſerveth the ſame to have been ſlighted, as an Almanack out of date, before that violence could be acted, or adviſed, which he determineth to have been a full and formal violation of this Oath by the perjured pack who did purſue and effect the ſame.

2. This man is ſo far from detracting from the Kings Soveraign Power and Prerogative: that in theſe very writings he acknowledgeth the Kings Supremacy, in every particular, and in the greateſt latitude thereof, ever challenged by any Engliſh Prince, and he doth therefore urge the Covenant as conſiſtant with, and enforcing to the Oaths of Allegiance and Supremacy: He affirmeth the Subjects Duty and Allegiance to be abſolute, Analeps, Analepthe. p. 98 99.103.142.144. and due without any condition of their own preſcription, or indenture; and without any reſpect to the quality or diſpoſition of the King, good or bad, pious or impious; founded in and directed by ſimple, naked relation: And he aſſerteth the Kings Prerogative and Sovereign power to be ſuch, as doth exempt his Royal Perſon, from all impoſition of conditions, and from all coaction to accompliſhment (of what he condeſcendeth to aſſume upon himſelf) by his Subjects, or any humane Power whatſoever; and therefore this very man doth blame the Scots for indiſcretion, and over much boldneſs, who being Subjects could dare to take the advantage of a ſtraite condition, to put ſuch terms (as they did) upon his Majeſty.

3. Mr. Crofton is in theſe writings ſo far from a Seditious Spirit, and provoking any prepoſterous, heady, and ſeditious attempts, and endeavours, that he bindeth all men in the performance of the Covenant unto juſt and lawful endeavours, and that within their places and callings, and therefore he alloweth no weapons againſt Majeſty, ſave Miniſterial Rebukes and Admonitions in the Name of God the King of Kings; Parliamentory advice, propoſal & Remonſtrance, in the name of his Subjects, or the Collective Body of his Kingdom; and vulgar Petitions and ſupplications from and by themſelves, in reference to their vulgar concernments: Analepſ. pa. 35. Analepſ. Analep pag. 36 66, 67, 68, 69, 100 He diſowneth and diſalloweth all popular Tumults, and diſorderiall Inſurrections, and inſolencies in the Subject; binding unto paſſive obedience, and quiet ſubmiſſion, all who cannot yield active obedience to the eſtabliſhments decreed by the King, in Church and Common-wealth; whenſoever he doth (as he durſt do no other) obſerve the Wiſdom, Juſtice and Soveraign Power of Almighty God, in permitting, or diſpoſing, the Irruptions and Inſurrections of the natural, againſt, and upon the political Power, or the heady, diſorderly, Tumultuous, and Seditious Agitations of the people againſt their Princes, he paſſeth not his Obſervations, without a Notation of the ſinfulneſs thereof; and a manifeſt expreſſion of his own diſlike of ſuch wayes, and courſes: If this man muſt be branded as a Preacher of Sedition, we muſt confeſs our ſelves at a loſs, how Truth ſhall be declared with due reſpect unto, and careful preſervation of Order.

5. The Affirmation of theſe Principles, and the Diſputation in theſe Books mannaged, do very rationally profeſs Loyalty, to be the Center (at leaſt a chief part thereof) from which they ſprang, and to which they are returned: Mr. Crofton argueth Loyalty as the impulſive cauſe thereof, Analepſ. Analepthe pag. 10, 11. and pleadeth it from ſuch evidences which no ſober Chriſtian can, or will deny: We ſhall not conclude Declarations publiſhed under the diſtreſs of Royal Affairs, do exactly oblige the Kings accompliſhment; yet cannot but conceive them to be the Subjects Appologie, and juſtification for his purſuit of the Royal Command thereby ſignified, and not any other way countermanded: We cannot but obſerve the chief of Mr. Croftons Books (objected againſt him as his onely Crime) were written before His Majeſties Declaration concerning Eccleſiaſtical Affairs was publiſhed: This man owneth no ſence of the Covenant, but what is truly Loyal, and fully ſecuring to the Kings Intereſt and Prerogative: It is very well known he had in Preſs, and Pulpit, improved this very Principle of the Covenant, to bring back the hearts of the people, to the happy Reſtauration of His Sacred Majeſty; and then he found Acceptance, Approbation, and Applauſe, from thoſe very perſons who now reproach him, and rage againſt him for no reaſon, ſave reaſoning the ſame Principles: We confeſs, we ſtand amazed, and cannot conceive with what colour of Juſtice, that which was an eminent Act of Loyalty, April, 1660. could be reputed, repreſented, and charged to be an Act of High Treaſon in September following; no new Law intervening to interdict and ſo alter the nature of the Act, yet we know tempora mutantur, & nos mutamur ab illis; onely we conceive a temporizing weather-cock humour muſt direct, or the dictates of new made Laws muſt drive men into the change of Act, and eſtate: Mr. Crofton doth often proteſt Loyalty to be his end in this debate (which now ſeemeth to be his errour) and we have cauſe to believe it did really affect his heart, whence we finde no diſloyal Act, or expreſſion to have ſprung; and this moſt Loyal profeſſion, doth not a little demonſtrate the ſincerity thereof.Analepſ. pag. 35. I confeſs we allowe unto his moſt Sacred Majeſty all humble ſubmiſſion, active or paſſive, whatſoever ſhall be by Royal Authority eſtabliſhed in the Church (though never ſo corrupt yet) whilſt conſiſtent with Salvation; it may occaſion unto me ſuffering, and a ſuſpence of my Miniſtry, but it ſhall not effect in me; or ſuch on whom I have Influence, Schiſm from the Church, or reſiſtance of His Majeſties Right and Authoritie: and in the further, and more fervent enforcement of this debate, this man declareth, He had rather never put pen to paper, then that his writings ſhould diſturb the Peace of theſe two long diſtracted Nations. Analepſis Analep. p. 2.

Mr. Crofton may (we confeſſe) have taken into his judgment, ſome of thoſe errors in politie, which the unhappy breach between his late Majeſty and the late long Parliament did foment; yet we humbly conceive malice it ſelf cannot charge theſe writings (written with ſo legible a line of Loyalty, and love to peace and order) with Treaſon or Sedition: Certainly this breath is too ſweet to come from ulcered lungs; Theſe Principles and Profeſſions could never proceed from a Trayterous Heart; and all Juſt men will acknowledge Actus non facit reum niſi mens ſit rea: nor can they be charitably ſuſpected of diſſimulation, when things antecedent Concomitant and conſequent, ſpeak the ſincerity of a Loyal breaſt, or when it is obſerved that theſe writings exactly ſquare with that conſtant Loyalty he retained & expreſſed in the worſt of times, from the firſt moment of his Majeſties Reign, and never ſtained with the leaſt of action, affirmation, or compliance when almoſt all men made defection: Yea this man is ſo well known to us, that we dare affirm and will be bound to produce good demonſtration thereof (whenever he be brought out of his preſent bonds) he retaineth to this very moment the ſame Loyal Spirit and Reſolution, although the wiſeſt of Kings hath in his experiences made this obſervation, oppreſſion will make a wiſe man mad.

We have read all thoſe writings which bear Mr. Croftons Name, with as ſtrict and acurate Obſervation, as we are capable of, and we grant, that in ſome of them, we ſometimes meet with a Political Argumentation, which we could not but judge ſomewhat excentrical, and out of his ſphear as a Divine; did we not conſider all Arts and Sciences are hand-maids to Divinity; and not only uſeful, but neceſſary unto a Caſuiſt, who muſt weigh circumſtances before he can give a right, clear and convincing Judgement to ſatisfie the Conſcience: and we find this man to urge the ſame Caſuiſtically, and in anſwer to the Objection of thoſe, againſt whom he doth diſpute; we hope it is not more out of Mr. Croftons way to Anſwer, then out of his Antagoniſts way to Argue from Principles in Politiques, or the political conſtitution of the Kingdom: If his fault be that he ſtept out of his place, we only pray it may be obſerved, he was drawn out by the purſuit of his Adverſary, and martial Law will allow the man to purſue beyond his bounds, (provided he retreat in time) who may be juſtly puniſhed, if he leave his place to aſſault the enemy, and yet,

The matter of Mr. Croftons Political Arguments hath been propoſed to the Conſideration of the Learned in the Law, and they ſee not any Crime or Capital Offence to be in them, any of them, or all of them put together; much leſs can they charge it to be Treaſon, the which the prohibition doth only puniſh with a Premunire ſince the 24th of June, 1661.

Our ears have been alarumd with the loud clamours of Mr. Croftons Treaſon, every ſcurrilous Pamphleter can better Proclaim, then prove him a Traytor; Every ſimple Calculator of the Almanack Obſervations, can more eaſily calender his commitment for High Treaſon, then give the leaſt convincing evidence of his guilt: We have beſtowed our mony upon theſe Pamplets, which inſult over him in this day of his Affliction, and confeſs we find in them big words, (preterea nihil,) venting themſelves with the higheſt malice and greateſt rage (the event as yet excepted,) that ever was expreſſed (againſt a man ſo innocent,) ſince the ſtoning of Stephen: Inſomuch that we cannot but ſuſpect it to ſpring from the ſame root, and to be an effect of the ſame Cauſe, the rather becauſe when we would know the particular matter of his Treaſon, we find his violent accuſers are not agreed among themſelves: all indeed place it in words, for which the learned ſay there is no warrant, (unleſs in ſome ſpecial opinions relating to the Pope, determined by ſome ſpecial ſtatutes,) but they are divided as to words.

Some tell us his Treaſon is for ſaying, the Parliament had a Legiſlation without the King, but this is only puniſhable by a Premunire ſince the Law was made, which maketh it criminal: Leſtrange fixeth his Treaſon in theſe words, The Lords and Commons were a lawful Authority, yet we find no Law which hath determined a crime in this poſition, much leſs a Treaſon; we find Mr. Croftons Aſſertion thereof to be very cautious, and ſo well grounded that we can ſcarcely yet believe the ſame will be Judged an errour by any ſober, ſerious Engliſh-man: being verified by the dayly practice and uſage of Pa liament: for our parts we muſt confeſs we dare not deny the Solemn League and Covenant to have been burned by a lawful Authority, and yet we do not know any Act of Parliament with a full, formall aſſent of the Kings Majeſty which did direct the ſame: And we fear, if we ſhould yet preſume to diſobey any Reſolve, Vote or Order of one or both Houſes of Parliament, or condemne and reſiſt the execution thereof by any other; this plea ſuch Vote or Order was defective as to lawful Avthority, (not coming in the formality of an Act of Parliament, and a full Law with a Le Roy Le ve ult) would not acquit us from the contempt of the Authority of Parliament: And yet we cannot but obſerve Mr. Croftons Aſſertions concerning the Authority of Parliament, to be no more then this, that it was lawful and ſufficient, not full and compleat, without the expreſſe Royal Aſsent, Analeps. Analepth. Pag. 113. and that alſo under theſe two expreſs qualifications, a Parliament rightly conſtituted, and during their Seſſion: he never Judged any ſelf-conſtituted aſſembly, or convention pack'd by a uſurping Tyrant, to be a Parliament, nor any Vote, Reſolve, or order of Parliament to have in it any thing of the nature of Law, or Authority, (ſave to deſend what was executed by virtue thereof the Parliament ſitting,) when the Parliament is Diſſolved: his words are theſe, A Parliament duly Summoned, regularly elected and returned, rightly conſtituted and readily embraced by King and Kingdom; Analeps. Analepth. Pag. 116. can any true Engliſhman in any meaſure acquainted with the conſtitution of this Kingdome, or the Authority of the High Court of Parliament deny theſe to be a Juſt and Lawful Authority, to reſolve, order, and enjoyn, yea and to execute their reſolues, orders and injunctions during the being of their Power, though not to eſtabliſh Laws to be executed when they are diſſolved and gone: And in every of his Books we find him often deny the two Houſes to be full and compleat, though he affirm them a lawful and ſufficient Authority: Sure Mr. Leſtrange will not deny Lawful Authority to be a Subject capable of majus and minus, and ſuch as may admit of degrees; if Mr. Crofton be in this point in an error let any man by good demonſtration correct him, we will undertake he ſhall not by obſtinacy appear an Heretique in Politiques, but if his confutation muſt be only rage and violence, we deſire Mr. Leſtrange will let us know that Engliſh Law, which hath determined Treaſon for any man to think, ſay, or write the Lords and Commons aſſembled in Parliament are a Lawful Authority, and then we may be convinced Mr. Crofton ſuffereth as an evil doer, but till then we muſt let him know railing is no reaſon, not doth it become a man.

Mr. Tomkins who at length appeareth to reſcue the Oxford Reaſons from the force of Mr. Croftons Arguments; doth leave the Learned Authors thereof under their obſerved defects in Logick, Hiſtory, Politiques, and Divinity, and as one whoſe pinched reaſon breaketh into paſſion, (in heat of anger) provoketh a more ſevere and bloody moderation then his Antagoniſt hath yet met with, crying out, Mr. Croftons ſaying that the Parliament ever retained a Jurisdiction over Church and Crown in ſhort is High Treaſon.

How much the Univerſitie of Oxford are engaged to this their Valiant, Learned Defendant, we leave themſelves to Judge: how much he hath bettered the cauſe under conteſt let ſober men Judge: with what ingenuity, candor and clearneſs he hath taken up and confuted Mr. Croftons Arguments, let any Sophomore, yea Freſh-man or ordinary Logician Judge: and how fair an Adverſary he is, that alarumeth the hand of Juſtice againſt his Antagoniſt, let Juſt and Wiſe men Judge: we are not now to Animadvert his animadverſions, but to Apologize for our oppreſſed, defamed Friend, who cannot do it for himſelf: and herein

We would give this confident Gentleman hearty thanks to clear his charge of High Treaſon, for we would not plead for it if we knew it, or could perceive it; But we yet think this is but one Doctors opinion, more viſible to a Fellow of All-Soules in Oxford, then a Barriſter or Bencher in the Temple, near London. This Fellow profeſſeth himſelf a Reader of Cookes Inſtitutes, and that Learned Lawyer telleth us there is no Treaſon but what is determined by the Statute of the 25th of Edward the 3d, and we find not this aſſertion forbidden therein, nor any Opinion determined, and Declared by that Statute to be Treaſon: This learned lawyer concludeth that Treaſon muſt be Factum not Dictum, words may make an Heritique but not a Traytor, we muſt confeſs Oxford Diſputants have Determined Hereſie in their Opponents, he is the firſt of that learned Univerſity, who hath preſumed to declare Treaſon.

We are ſure theſe words make no immediate, and direct aſſault upon his Majeſties Perſon, Crown, or Dignity; and the Lord Cook abandons all Gloſſes, Inferences, Interpretations, and conſequences to be made by Judge or Counſel, in Caſes of Treaſon.

Judge Jenkins guides the Judgement of Treaſon by the very Letter of the Law, for that in Criminibus a verbo Legis non eſt recedendum: And we cannot conceive how an Obſervation of paſt Acts, can be Treaſon in the Logical, or Hiſtorical Obſerver: Mr. Crofton noteth the Parliament retained in times paſt; He doth note the Fact without any determination of the jus and right of ſuch retention; we would adviſe this Fellow to repair to All Souls, and reflect on his own Thoughts; and reſolve us, that the Treaſon is not more in his own fancie and imagination, then in Mr. Crofton his expreſſions; we find he doth throughout his Book miſtake the Perſon, which maketh us ſuſpitious he miſunderſtandeth the poſition: on this man he reflecteth the odium of the violence of the Viſitors in Oxford whom Mr. Crofton knew not, and it is diſputable, whether he was then in England: The defection and complyances under Queen Richard and other Vſurpers, which Mr. Crofton ever denyed, reſiſted, and deteſted, when ſome who then were, and now are moſt zealous complyers urged him, with this convincing argument theſe times affords few Martyrs: and the purchaſe of Church Lands whileſt Mr. Crofton would not take when he might, a living out of which he knew any man to have been Sequeſtered: He whoſe heat of Paſſion doth engage him to miſread the Perſon, may well miſinterpret his words, as indeed we obſerve he doth, underſtanding King by Crown, and Soveraign coercive, deſtructive power by juriſdiction: it is no hard matter to make a Traytor, if envy may interpret a mans words; we hope Mr. Tomkins will not take it unkindly; if he be excepted againſt, as to his being Judge, or Jury which ſhall paſſe upon Mr. Crofton.

That we may not run into the error we rebuke in any other, we ſhall not preſume to give our apprehenſion of the loyal ſence of theſe words, ſo poſitively charged to be High Treaſon; but ſhall make bold to preſent you with Mr. Croftons own expoſition of them declared in a Letter written to ſome Friends, who deſired to underſtand his ſence and meaning therein: All men will allow him Waterford Law as the beſt and onely expoſitor of his own words, ſubject to miſconſtruction.

Theſe words [the Parliament ever retained in themſelves a Juriſdiction over Church and Crown] are ſo far from Treaſon; that they will not be found an error in politiques; if that rule be true which cannot be denyed, generalia generaliter ſunt intelligenda: I fear you miſtake the ſence of every word in this ſhort Sentence, and that you conceive Crown doth ſignifie the King, as if theſe two were not ſeperable; and ſo known to be in our Laws: And Juriſdiction doth ſignifie coaction, as if Coronae jus dicere did neceſſarily ſignifie Coronatum cogere per aſperte; the which is a Sence inconſiſtent with, and contrary unto the Kings immunity from all humane coaction, which I have expreſly aſſerted in this very Treatiſe; You here underſtand Parliament, to ſignifie the Lords and Commons abſtracted from the King; which ſence this place and caſe doth not neceſſitate, though I do ſometimes ſo uſe that tearm: For Parliament here is oppoſed to Pope, and is noted to be the Subject of full and compleat Legiſlation (which I never do attribute unto, but do alwayes deny, the two houſes) unto the extendiag the prerogative of the Crown by the ſtatute 1. Elizabeth: or reſtraint thereof by the Statute 17. Carol. in both which the King was a part of the Parliament: Learned men ſhould expound the Text by the context; and in Reading a Treatiſe make one part expound another, and know, no Author is to be judged by the ſound, much leſs by the ſeeming conſequence of a ſingle ſentence: And now Mr. Tomkins where is Mr. Croftons High Treaſon? And yet we will not fear to let you know that admitting your ſence of the term Parliament, abſtracted from the King there is nothing clearer in the political Conſtitution, and Adminiſtration of our Kingdom, then their retained juriſdiction over the Crown; We do not, nor did Mr. Crofton ſay over the King, the Subject of the Crown; we will not run you for proof hereof into the Hiſtories of Forreign Countries, or our own Saxon times, in which we finde this Juriſdiction larger then Mr. Crofton doth aſſert it; but nearer home and hand be pleaſed to conſider,

1. King John yielded by conſent of the Barrons (ſaith the Record) the Crown of England unto the Pope of Rome to hold it from, and under him; who often demanded the Surrender of it, but was anſwered the Parliament muſt give it; In Anno. 40. of King Edward the third, upon the Popes demand of the Crown of this Realm, the King appealed to his Parliament, who judicially determined it was not in the power of King John, nor any other King of England to diſpoſe the Crown; but in the ſole power of Parliament.

2. The claim to the Crown made by Richard Duke of York, againſt King Henry the ſixth, having reigned twenty eight Years, was by both parties, ſubmitted by appeal, unto the Judgement of Parliament; who determined for the Duke; yet continued the Crown to the King, during his life, on condition of good behaviour towards the Duke, and in either caſe the Duke or his heir to poſſeſs it.

3. The ſeveral Succeſſors in the ſtrife between York and Lancaſter, ſubmitted the ſucceſs of their Sword, to the cenſure of Parliament, as their onely ſecurity to the Crown; the Acts of one Parliament binding until diſcharged by another, hence it is that the Statutes of that Age recorded in Speeds Chronicle do teach us this Doctrine: the Court of Parliament is of ſuch Authority, and the people of this Land of ſuch nature and diſpoſition, (as experience teacheth) that the Declaration or Manifeſtation of any Truth or Right by the three Eſtates (Lords Spiritual and Temporal and Commons ſaith the Statute) aſſembled in Parliament, and by authority thereof, maketh before all things moſt Faith, and certain quieting to mens winds, and removing all doubts.

4. The Parliament did Baſtardize and Legitimate the Children of King Henry the eighth, and they by their Authority enabled him to diſpoſe the Crown to, or from his Children, with and under what conditions he pleaſed, adjudging any his Children aſſuming the Crown, otherwiſe then by this Authority, to looſe their Right, and be judged Traytors to the Realm, whence it came to paſs that Edward the ſixth, Queen Mary, and Elizabeth did hold and enjoy the Crown, by Authority of Parliament, and the Title of the laſt being queſtioned, produced the Statute 13. Elizabeth, which made it Treaſon during the Queens life, and loſs of goods after her Death, for any man to deny the Authority of Parliament to direct, diſpoſe, limit, or reſtrain the Crown.

5. Statutes of Recognition have ever been reputed the onely riveting ſecurity to the Crown; and certainly theſe ſignifie more then a State Complement, and although they paſs in the ſame Royal Formality, with other Laws, which concern the Subject; yet it muſt be confeſſed they receive ſtrength by an Authority in this reſpect abſtracted from the King, as do the Statutes providing monies the only ſupport of the Crown.

6. If we ſhould ask Mr. Tomkins who in the defect of Heirs hath Juriſdiction over the Crown, would he not dare for fear of Treaſon to ſay the Parliament, Biſhop Bilſon ſaith it in expreſs tearms; and that not onely for our own Kingdom, but all others alſo.

7. Before Mr. Crofton be condemned as a Traytor for ſaying the Parliament ever retained in themſelves a juriſdiction over the Crown, we hope the concluſion of our late Martyred Sovereign King Charles the firſt (who well knew the conſtitution of this Kingdom,His Anſwer to the 19. Propoſitions. and the extent of Royal Prerogative) will be denyed, for he affirmed the Power legally placed in both Houſes is more then ſufficient to prevent and reſtrain Tyranny, which muſt needs import a large Juriſdiction over the Crown.

8. When we conſider the Courts of Judicature, in Weſtminſter Hall, do conclude judicially againſt his Majeſty, in many Suits brought by him in Right of the Crown, againſt the Subject; and by the Subject againſt him: We cannot imagine it Treaſon to ſay the happy conſtitution of Englands Government is ſuch that the Courts of Juſtice have a Juriſdiction over the Crown, much leſs to ſay the High Court of Parliament hath it.

If an Obſervation of Fact, without any aſſertion of Right; If the Sound of a Sentence capable of a moſt Loyal Sence; If a Poſition proved by conſtant Practiſe be Treaſon, we muſt leave Mr. Tomkins on the Bench, and Mr. Crofton at the Bar to receive his doom, but cannot deny our aſſent unto the Obſervation of the Statute, 1. Mariae, diſcharging the Laws which made words Treaſon: Thoſe Laws are grievous which are ſo made, that not only the Rude, Ignorant and Ʋnlearned, but alſo the learned and expert people minding honeſty are often and many times trapped for words only, without other fact, or deed.

We have with the moſt exact diligence we are capable of, Enquired and obſerved the reports of men, that we might be ſatisfied what is the great matter which cauſeth this man to be kept in ſo ſevere a durance, and ſome tell us he was ever Turbulent, and not quiet under any power: unto which we anſwer,

We preſume his Turbulency, under our late Uſurpers (being the Act of his Loyalty to his King, reſtleſſely endeavouring his happy Reſtauration) is not now ſuppoſed his crime, or any agravation thereof; The men who do now condemn him, did account it is duty, and honour when others were ſinfully quiet, and we ſee not any difference between this in him, and Jehoiadas endeavours againſt A haliah, and for King Joaſh, ſave the one enjoyed the Comfort, Peace and Liberty of the effect, whereof the other was and is deprived: His Turbulency hath ever had Sin for its Object, Miniſterial rebuke preaching or writing for its only Act and Expreſſion; Which of the Prophets or Apoſtles were not? What Faithful Miniſter of the Goſpel is not? can or dare be otherwiſe then thus Turbulant? This is not only Lawful, within his place and calling; But the Indeſpenſable duty thereof: Elijahs muſt thus trouble Iſrael, and Amos Alarm the Kings Court, coſt what it will or can: If he have ever appeared in, adviſed, or abetted, any Seditious Tumult, Rebellions Inſurrection, or Trayterous Conſpiracy, we leave him to himſelf: But Tertullus himſelf is not able herein to charge him, and other Acts of Turbulency, will ſubject them to trouble from the Lord, who do therefore trouble him, as a thing moſt righteous.

Some clamour againſt our Friend as Seditious, and Treaſonable becauſe againſt Epiſcopacy, and relying on that maxim, no Biſhop no King: Conclude he cannot be a Friend to the King, who is an enemy to the Biſhops, to which we anſwer.

Such as know him, and have read his Writings, will find if is clamour is not true, for he profeſſeth for Epiſcopal Degree which is much as our ſober Reformers ever challenged, or our Learned Ʋſher approved; He is indeed againſt Papal Hierarchie, and that Epiſcopacy which was the ſtep and ſeemeth the ſupport of the man of ſin, but ſuppoſe the utmoſt, his Oppoſition is purely Argumentative, and is but ill reſiſted with Rage and Violence.

No Biſhop no King may be a maxim of State, but we have not known it to be a Principle in our Law, we have not heard of any Statute which hath ſo conjoyned the Mitre to the Crown, as that a diſ-reſpect to that, muſt needs be reputed, and puniſhed as a Treaſon againſt this; We hope we ſhall not offend if we ſay that is a ſad Government which pretendeth to Divine Right, and yet hath no uphold or guard but Violence and Oppreſſion of Reaſon, urged againſt it, and cannot ſilence a Diſputing Antagoniſt, otherwiſe then by a cloſe Priſon.

We have heard a third cry, Mr. Crofton Preached againſt the Biſhops, and provoked the oppoſition of them by fire and blood; to this we anſwer,

We heard the laſt Sermons this math did Preach, and can give the true account thereof, wherein we deſire it may be noted,

1. He went not out of his way to fly in the faces of the Biſhops; He had purpoſed a full expoſition of the firſt Epiſtle of Peter in his Lectures at Antholins London, in purſuit whereof, he proceeded ſo far as to the laſt words of the ſecond Chapter; And obſerved the Lord Jeſus was the Shepherd and Biſhop of our Souls: In the Explication of this Poſition, he enquired how? and by whom the Lord Jeſus Chriſt did Execute this his Paſtorall charge, and Epiſcopal Office, in and towards his Church? And Reſolved and Aſſerted, the Lord doth execute this Paſtoral charge and Epiſcopal Office by his Miniſters, all, equally Authorized, and without any ſuch Order or ſtanding function of an Epiſcopus Epiſcoporum; The which having demonſtrated by conſiderable evidence, and anſwers to Objections, he did preſs on his people, as a truth conſiderable to be underſtood, as relating to Chriſts Royalty, as King of his Church, and cloſed with this Obſervations in theſe expreſs Terms, There ſeemeth unto me an Emphaſis in thoſe words, Rev. 11.7. Relating to the two Witneſſes, when they ſhal have finiſhed their Teſtimony: Theſe words ſeem to relate no leſs to the matter, then the time of theſe witneſſes Propheſie, (viz.) That they muſt bear witneſs to the laſt punctilio of Chriſts Paſtoral charge, and Epiſcopal Office, before they were ſlain: we all know this Shepherd and Biſhop of our Souls, to work out our Salvation by his threefold Office of Prophet, Prieſt and King: And I cannot but obſerve each of thoſe (beſides the general aſsault and oppoſition of the whole) hath had a particular and ſpecial conflict in the World, and hath conſtrained an open and Publique Teſtimony, from Chriſts Church in the fire and with their blood:

In the firſt Age of Chriſtianity the great and ſpecial Queſtion was concerning Chriſts Prophetical Office, whether the Scriptures or the Oracles of Apollo, Traditions of the Jewes, and Deluſions of Impoſtors and Haeretiques ſhould be received obeyed? and we well know in what fiery Tryals and with what fearful ſufferings the Sheep of Chriſt did hear his voyce, decline strangers, and witneſse against them: this Office was no ſooner reſcued from violence, and eſtabliſhed in the World by the blood of the Primitive Martyrs; but Chriſts Prieſtly Office was by the working of the man of ſin denied and darkened, the great controverſie in the Catholick Church concerned the one Mediator, and High Priest, the one Sacrifice once onely offered; or others made coequal with him, if not preferred before him, and how long and bloudy conflicts were under-gone in the ſame the Hiſtories of our Progenitors and Smithfield Flames do plainly ſhew: this Office was ſcarcely reſcued from violence before Chriſts Kingly Office cometh on the Stage, and calleth for the Testimony of the Saints that the Government is on his ſhoulders administered by his own Officers, and Ordinances; and this muſt be attested in the greateſt Tribulation; ſaddeſt Sufferings in fire and bloud that can befall us.

In this whole Diſcourſe Mr. Crofton mentioned not fire and bloud, in any ſence but paſſive, as doth the Apoſtle, Ye have not reſiſted unto bloud, Heb. 11.4. and diſowned all actions unto fire and bloud, which at any time were or ſhould be attempted on the pretence of Chriſts Kingly Office, declaring his deteſtation of that Mad, Treaſonable Rebellion of Fenner and his Fellow real Phanatiques, which had lately paſſed to the ſcandal of the true Religion: theſe things our ears heard, and therefore do we teſtifie the ſame, yea and ſome of us wrote the ſame from his mouth (in characters) as they were by him ſpoken. Had Pagan or Popiſh Prieſts heard this Doctrine, and cryed out Treaſon or Hereſie, it had not been ſtrange; but the out-cry of Chriſtian, and Proteſtant Biſhops doth make us admire, and ſtand amazed.

Theſe things conſidered, we humbly offer it to the conſideration of Juſt and Prudent men ſincerely affected to his Majeſties Government, whether Mr. Crofton (what ever hath been ſuggeſted or clamored againſt him) hath done any thing worthy of death, or of bonds? and whether his enlargement, and reſtitution will not much more conduce unto the honour of his Majeſties Government, then the continuance of him in bonds, to the undoing of himſelf, wife, and ſeven ſmall children, by the expence of his poor Eſtate already waſted; and the real prejudice of his health, and ruine of many ſouls which might be ſaved by his Miniſtery? the liberty of the Subiect being fully ſecured by many Ancient and later Laws.

FINIS.