CHAP. I.

THe third day of my Imprisonment, the keepers called mee out of the pit, where I was humbling my soule before God, and brought me to an upper Chamber, where seven or eight of the High Commission, with the Clerke of the Register, were set at a Table. After an interview, and some pause taken; Sir Henry Martin began to regrete my condition, spea­king more of my parts, then I was capable off; withall hee told me, that they were come to examine mee. I answered, that it seemed unreasonable to me, to indanger a mans life by so close, and hard Imprison [...]t, and then to examine: but I desiring to know their authority, and whether they were not of the High Commission? they answered, yea; I replyed, that I could not, and therefore would not be examined by them; and that for these reasons. First, because by an unlawfull warrant, they had [Page 4]violently cast mee into a lothsome Prison. Secondly, both the Lawes of God and the King, doe forbid them to meddle with the body or goods of the Subject; whereupon the Commission under Seale being produced, and laid upon the Table, Sir Henry Martin told me, that himselfe and Doctor Reeve had order from the King, to take mine Examination. I replyed, that it was more then I knew: but howsoever, if they would lay aside their Commission, and by vertue of the Kings command exa­mine me: I would answer them. Not so, said Sir Henry Martin; then said I, not so neither as you would, will I be examined. You will not, said he, be examined by any, but by the King. That is your Assertion, say I, and not mine, neither have you any ground for it: for if it please his Majestie to send his meanest Foot-man with a lawfull Warrant, I will obey without more adoe. They brought out two Bookes, demanding of me if they were of my doing; I replyed, that neither directly, nor indirectly I would answer one word, ut sub judice. Sir Henry Martin asked me then, since I would not be examined, if I would spend some time in discourse with them; I answered, with all my heart; so they would not lye at advantage to ensnare me. Sir Henry Mar­tin said, that they would not: I told them that the world knew that the Looking-glasse of the Holy Warre, was mine; and I had suffered much from them, unjustly for it: and as for the other Booke, I would acquit my selfe in that, as a lawfull examiner should occasion me. The Clerke offered to write those passages; but I told him, he should not, for it was contrary to covenant; so Sir Henry Martin caused him to for­beare; and laying by all their tooles, we fell to other matter. Sir Henry asked me what I thought of the Kings Supremacie. I replyed, that if I should bee put Legally to it; my answer should give Caesar that which was Caesars. I told him further, that being a Schollar, and a great Civillian, he could not chuse but know; what both Divines and Lawyers, (Popish and Or­thodox) had delivered concerning that: hee replied, it was true: neither was he so grosse, as to thinke any King or other Man to be Head of the Church; onely he did hold the King to be Soveraigne and Supreame Governour under Christ. Then (said I) Sir Henry you have answered your selfe; but of this further in mine Examination by Sir Robert Heath, then At­tourney Generall. From that he fell to aske me, what was the [Page 5]reason that I did oppose the Hierarchy so vehemently. I re­plyed, true it is, I have ever opposed them, since the Lord called me; but I protested, and that truely, it was not out of hatred to their persons, though I and mine had suffered by them: nor out of envie to their places, whence their wealth, honour, and case might acrue: but first, because their Places and Authori­tie are not of God. Secondly, because in executing of their Places, they take more upon them, then either the Law of God, or Man, alloweth them: to the prejudice and abusing of the Kings graunts, the heavie detriment of the Subject, and the highly indangering of themselves: and this I offered to make good: and as for their persons, I told them, I wished them as well as my selfe. What? said Sir Henry Martin, if it bee so, we are all mistaken; doe you not thinke that they are of God; Nothing lesse (said I) neither thinke I that they thinke themselves so, if they will impartially examine their owne hearts: for they know those thoughts to bee contrary to the Word of God, the current of Humane Writers, and to their owne Peremptory Assertions in their owne Workes, written by them for their defence. Yea, said Sir Henrie Martin, but I will prove it thus, is there not superioritie in a Civill state; and was there not superiority in the State Ecclesiasticall, under the Jewes: Witnesse Aaron [...] superiority over the Priests, so that he reasoned thus in effect, Aaron was over all the Leviti­call Priests.

Ergo, Bishops by Divine Right should be over Ministers.

For all my pressures, I smiled to heare their Champion for the time; beat the braines out of their cause, with a beame of their owne making, or of the Popes; withall I told Sir Henry, that his Anticedent and Consequent were of so deepe distance, that all the Learning in the World, could never make them meet. Yet he set a face to prove it, by a connex Proposition;

I denyed the Connexion, and told him that all the learning amongst them could not advance that Argument one foot; nor no more they did; but being at a stand, I told Sir Henry Martin that he could not of all the Quiver, have chosen a deadlier shaft against themselves; as should appeare by the retorting of the Argument thus.

• Aarons Priest-hood was superiour to the rest under the Law.
• Ergo, No Superiority in Ministeriall function should have place under the Gospel.
• The sequell I prove thus.
• That which was in forme of a Type of Christ under the Law, must have no place under the Gospell, because it is done away.
• But not onely the Priest-hood, but also the superioritie of Priest-hood, or Ministeriall Function, was in forme of a Type under the Law.
• Ergo, Superiority in the Ministeriall Function, must have no place under the Gospel.

The Major I cleared both from proofe and reason, as Collos. 2. vers. 17. Yea the Author to the Hebrewes speakes particu­larly to the point, as in Hebr. 7.11, 12. The Minor as it is undeniable, so he had granted it by way of quere: yea, the Papists themselves grant both in expresse termes, in the fore-quoted place to the Hebrewes, That the Leviticall office in Aaron, and other things were figures of Christs death, and to bee ended and accomplished in the same. I shewed how I could make good the Argument from the testimonies of the Fa­thers; as Cyprian speakes punctually to it, citing the words of the Apostle, Let a man so account of us, as of the Ministers of Christ, and Stewards of the Mysteries of God, 1 Cor. 4.1. Paulus Apostolus (saith the Father) aequales habere voluit Sa­cerdotes, cum dicit, sic nos existimet, &c. The Apostle Paul will have all Ministers to be equall; when he saith, Let a man e­steeme of us, &c. Doctor Willet useth the like Argument, by way of retortion against the Papists, bringing Aaron and his ornaments, for a warrant of their Masse, Church-Musique, Vestments, and the like; because (saith he) these were in Gods worship then, therefore they should not be now. The premises being thus invincibly proved, Sir Henry for a while was silent; but at last brake out to his Fellow-Commissioners in this sort; Gentlemen, I can goe no further, and I assure you if it be thus, you may burne all your Bookes. The three Deanes, or Parsons, or what they were with the Doctor, sate still mute as Fish, not answering one word. By Gods mercy, truth thus prevailing; Sir Henry began to touch on an old Callumnie, Doctor (saith [Page 7]he)▪ you are a great Conventicle-keeper (as they say.) To which I replyed, Sir Henry, you know in your conscience I am no Conventicle-keeper; and as I hate the thoughts, and occasions of impious and illegall contrivements; so if the Law were granted me upon any Subject that should thus charge me, hee might smart for it.

Hereof it shall not be amisse (according to my simple know­ledge) to say something for the clearing of Gods people, and good duties.

First, against Gods people, for the performance of such du­ties there is no Law, Statute, or Command;Sect. and where there i [...] Law, there is no transgression.

Secondly, it is both contumely, and injury, against God and the duties; and a wresting of the Law against Conventicles, to urge it against the said performances: since it is against the ex­tent of the Law, and the intent of the Law-giver, witnesse both the Commission of Peace, giving power to inquire of Con­venticles, which are said to be against the Peace: and also di­vers Statutes made against Conventicles, containing the punish­ments of offendors therein; as 1^o. Mar. cap. 12. 1^o. Eliza. cap. 17. these are called Ʋnlawfull, and Rebellious Assemblies; including all Ron [...]s, Riots, or other confederacies, whether sine armis, or vi armata. The former Statutes, and many other speake fully against them, under these names, and divers13. Hen. 4^o cap. 2.2. Hen 5^o. cap 8.19. Hen. 7^o. cap. 23. other; where they are called, Rebellious Insurrections, and Rebellious Assem­blies; with these, I might cite divers Authors, as Dallison, 2. H. 5^o. cap 9.15. Ric. 2. cap. 2. Marrow, &c. in all these, we shall not finde the performance of any such duties, called by the name of Ʋnlawfull Rebelli­ous Assemblies, or Insurrections: and if they had beene so termed by Popish Princes, and Statutes made againe them; no doubt Professing Princes would have repealed them, as they did other Statutes against Protestants.

Secondly, the Matter of Conventicles, doth cleare those du­ties from the Name;Sect. Lambert. for the subject-matter of every Conven­ticle must (as the learned in the Law observe) be, an unlawful act done, or intended; but no law with us saith so of Fasting, and praying; and more particularly, in every Conventicle, there is a manifest disturbance of the peace, in a greater or lesser de­gree: as threatning speach, turbulent gesture, shew of Armes, or expression of Violence: but by the contrary, Fasting and [Page 8]Praying are the maine preservers of Peace.

Thirdly, the end of a Conventicle is ever, or for the most part, evill; as to disturbe the Peace, or revenge some Quar­rell, &c. and therefore it is said to be in terrorem populi, which words, are alwaies laid as mainely materiall, in an Indictment of this nature: but the intent of such as humble their soules, is to meet God by Repentance, that he may meet us in Mercy▪ and therefore no Conventicle.

Fourthly, the Manner of a Conventicle, which gives the being to the thing is naught, as Disorderly,, Tumultuously, or Extreamly suspitiously, in regard of the Places, Conversati­ons, or Professions of the Persons; being dangerous to true Religion, or the State. But they that humble themselves, are no Suspitious persons, nor make they any disorder, or tumult in comming together; but soberly, and holily, taking due cir­cumstances with them; they doe behave themselves for the Truth and State; and say there were some Anomalie, in the carriage of the businesse, yet it is farre from such an inormitie, as maketh up a Conventicle.

Fifthly, they differ in the Effects; the effects of a Conventi­cle at the best, are the disquieting and terrifying of the more peaceable sort by their Act; and the imboldning of such busie­bodies as live upon confusion by their evill example; besides the blood-shed and other wrong that often falls out. But the Mourners in Sion are not onely meanes to keepe the peace; and to prevent the violence of feares, but also to pacifie the un­peaceable; either bringing Lyons to be Lambs; or at least by power of Prayer restraining their rage; so that there is nothing of a Conventicle in it.

Sixthly, and lastly, they are altogether different in their Cau­ses; for the Devill and mans corruption are the causes of a Conventicle; But of afflicting the soule by humiliation, God is the Author and Mover. By all these large differences, it ap­peareth what wrong they doe unto God, to his People, to his Ordinances, the Lawes, and the State; Who call the gathering together of Gods people, a Conventicle.

For further clearing; to these I may adde some experimen­tall trials in our times. A certaine Judge, cujus nomini parco, (but no Friend to Sion;) was complained unto in the Cir­cuit, by a Prophane exorbitant Crew, that certaine godly [Page 9]people in the place where they lived did keep Conventicles; the ground of which complaint, was their mischievous malice con­ceived against that people, because some of them being in office, had laid the Law to their Prophenesse, the judge gave order to these evill men, to indict the other for Conventicle-keeping; his Brother Judge Itinerant being in the Room and over hea­ring, asked him what those men were about, which he desiring to conceale, he told him plainly that he knew the matter, and told also the people, that the course they were about was very illegall and injurious, and if they could not prove the people Conventicle-keepers (which they could not indeed) they would have a good action against them, whereupon they desisted.

Another instance from a Gentlemans case in the North, who was accused by a Purseivant for keeping of Conventicles, he took witnesse of such as were present, and sued the Pursevant at York, where the case was cleared on the Gentlemans side, besides six­teen pound given him for damnages: As this hitteth home (as I have shewed) the enemies of God; so it misseth not that Pan­nick feare which is in some of Gods people, qui trepidatione mentis & brevificto de minis; Who out of the trembling of the minde, and through a fained briefe of threatnings, would once call in question their divine tenor of humiliation, or gathering themselves (as the Scripture phraseth) in more Families, against which there is not one jot of Lawes Statute or Common; and for Divine warrant (which no humane Law can contradict) I will say no more at this time but this, because I have largely handled it other where, it is strictly and frequently commanded, and highly commended by God the Law-giver; all blessings promised to the performance of it, all judgements threatned against the neglect of it, yea the heaviest in all the Book of God, Isaiah 22.14. and accordingly promises and threatnings have been accomplished; thus having borrowed leave by way of digression, to clear so good and excellent a duty, of so foul and undeserved a name; I returne unto the closure of our confe­rence, where by the way I doe not approve of erroneous and phanatick with-drawing from the publique Ordinance.

O said Sir Henry Martin, I doe not meane a Conventicle, but I meane Fasting and Praying; sure (said I) there is as great difference between these, as between loyaltie to God and man, and ranke disobedience to both: But if Fasting and Praying [Page 10]were Conventicles I was never out, upon good occasion given when I could conveniently; nor never would be as God should enable me, for if it were not for Fasting and Prayer, (said I) where had you and we been ere this? for these are the pre­servers of the State. With that they▪ rose up from the Table, and standing about me, I told them that their cruell usage of me against all Law was a pregnant evidence that they were not of God, and that the rather because Jesuites, dead men by the Law, enjoyed under them all ease, pleasure, and prosperity, that their hearts could desire; and I, and such as I, had nothing but Gall and Vinegar wrung out to us by them in a full cup▪ With that Doctor Reeve let his bolt fly, affirming in his Conscience, that I did more hurt then the Jesuites, though it was beside my intention. I replyed, it was an odious comparison, and found in the mouths of none, but such whose courses sorted better with the Jesuites, then with the courses of such as were trusty friends to the truth; no reply being made, Sir Henry Martin lookt stedfastly upon me; my countenance through long fasting, beastly lodging, and other affliction, looking very pale; the tears rusht into his eyes, and he asked me what I would have, if I would drinke any wine, with thanks I answered no, and so they departed; and thus much in effect past amongst us, and I was carried againe into my Pit, and two doors lockt upon me, where with much cheerfulnesse I gave humble and hearty thanks unto God, who had given mee (though the weakest and unworthiest of his Souldiers,) the better in this en­counter, tanquam primitias plenioris victoria as the first fruits of a fuller victory.

CHAP. II.

A While after came Sir Robert Heath Atturney Generall to examine me, who told me that the King was informed that I would not be examined; I answered I had the more wrong, and that the contrary might appeare: I was willing to be ex­amined not only by him, but by the meanest of his Majesties Subjects that should come with lawfull Authority. It was true, I refused to be examined by the High Commissioners delivering my Reasons in effect, which formerly I have set down: In [Page 11]which Reasons he seemed to acquiesce, proceeding to examine me concerning a book especially; three severall Examinations of me they have verbatim, the more materiall things where­of I will but touch. To his first Quere concerning the Book I told him salvo meliori judicio, that I had rather cause to enquire why I had suffered so much, and so long, without any cause knowne, then first to put such heavy things upon me, and then to examine the cause; for I knew nothing by my self, nei­ther had they, for any thing I knew, any just matter of such usage against me. As for the Book I told him, if any man could charge either with Book or any other thing; wherein I had transgres­sed I was willing to satisfie the Law: In the meane time, I desi­red as one yet cleer in Law, to goe upon sufficient Baile, and so to come to my Answer: he confessed the Answer was reasonable, but in that he told me the King was very desirous to know the Author, and that not for any evill to him; and if I would disco­ver what I knew, it would be acceptable to the King; (or in his very words) the King would take it well: yea if it intrenched upon my selfe, I should finde as much favour as I could wish. To which I answered, if it were a thing so pleasing unto his Ma­jestie, and if he would be pleased to lay a particular command upon me, I would discover what I knew by my selfe in that; yea, if I knew guilt by my selfe, which indeed I did not. He be­ing well content with this, and in words regreeting my di­stresse, he went away and withall making offer, &c. And the next time returned with the Kings particular command (as he said) for in my second Examination it was thus set downe: Ʋpon the Kings Majesties particular command, &c. I ac­knowledge my selfe to be the whole and sole Author and compo­ser of the Book, &c. For this in effect was the summe of my second confession concerning my Book. As we were upon discourse, he told me that it was given out that I should deny the Kings supremacy; I answered, that it was an unjust asper­sion, for I was never put to it juridice, so I told him in effect some passages between Sir Henry Martin and my self by way of discourse; and how his answer was in effect my tenet, and I desired in my heart in regard of Loyalty, not to come short of any subject: Well said he, you shall doe well also to expresse your selfe by me in that particular, that if any such aspersion be laid upon you, by giving the King satisfaction it may be pre­vented: [Page 12]I told him I was very willing and desired him to write my expressions, which I delivered in these words or to this ef­fect: I acknowledge (ex animo) as much dominion and sove­raignty, to belong unto our King over all his dominions, and therein over all his Subjects and causes, as any of the Kings of Judah or Israel had over their dominions, and the premises therein; save onely in those things wherein they were Types of Christ, or had a particular warrant. This he told me at his returne, he had shewed to the King, and that it gave him not on­ly good content, (for it is all he could desire) but he said he had not heard that case so well cleared, but for all this I had no release, neither favour afforded, for being, or well-being, only my Wife permitted to come to me.

The third approach of Mr. Atturney was nerve transverso with a crosse sinew, namely, to examine me who were my part­ners and abettors in the worke, for they conceived I had not done it without the helping hand, of the most judicious Di­vines and Lawyers in the Land. To this demand I replyed, that it was besides my Covenant, yet being willing to satisfie all demands so far as I could without prejudice to others, I pro­fessed (as I have also answered to the information) that no living soule had any hand in composing Page or Line of that Book ex­cept my selfe: For I told him as I was not so ambitious, as to derogate from other men if any thing in it were praise-worthy; so I was not so Prodigall of my selfe as to suffer by taking o­ther mens workes upon my selfe: Then he asked me whether I was moved to it by some other, or if it came of my selfe, I told him I was moved by some well-affected people to frame a draught of their desires to the Parliament then being, which all the Kings leige people might doe, but they differing for a time upon the Subject matter; at length it was concluded to desire the removall of the Hierarchy and their Appendices, as the maine root of all our bitternesse; and the establishing of Christs Ordinances in their power and beauty; together with the grounds of these our desires; for reason doth convince, and experience teacheth that toto sublato non officiunt partes, take away the whole, and the parts will doe no hurt. And where diverse Petitions had been put up for Reformation of divers parts, with little or no successe, it were as good without min­cing, (by shewing the extent of their desires) to heave at all; as [Page 13]the Proverbe is, cum pulvisculo; yea the Scripture teacheth us, the best way to sweeten waters is to begin at the fountaines2 Kings [...].21. head.

Whereupon I framed those Ten Positions▪ set downe in the Booke, the proofes whereof being exceedingly desi­red, I drew a scantling of them; which being by serious view perused, it had the approbation and hands of many excel­lent good people; so that I may safely say, I ran not unsent a­bout the businesse. The Atturney urged me to give up the names of those Approvers, with many faire promises of liberty, and what not: I answered, that in my judgement there was neither Law nor Conscience for it. For what had the people done, but that which good subjects might safely doe. Second­ly, though there was no danger in the Act, yet the re-vailing of them might endanger them, which I would be loth to doe. Thirdly, as it was done in time of Parliament, when every subject might without impeachment unfold a publique grie­vance so if that high Court were in being, and should call them to it, they should either avouch the act; or I would deliver both their names and hands. He replyed, that though I was some­what vers'd in the Law, yet it was not my faculty. I answe­red true, yet I stood in need of so much as to square my wayes by, and if he being a great Lawyer, could give me any ground for that he required from the Law of God or Man, I would sa­tisfie him forthwith, and every man should beare his owne burthen. To this I received no answer, but after a pause, hee told me that the King would take it ill; for the deniall of such a thing, was an Argument that I loved him not, I reply­ed; that I would not for a Kingdome give him just cause of of­fence, but obedience must be ruled; and for my love to his Majesty let my actions and sufferings witnesse to the would; for if I had not loved my Soveraign better then my life, I had not put my life in my hand, in the discovery of truths so strongly opposed; which if they should not prevaile; I might partly conceive what it would cost me, witnesse the continu­ance of my hard usage: In conclusion he began to bee rough, and to threaten me with the Rod: To which I answered, the rod was in Gods hand, and he should doe well to looke to it; for the wrath of man did not accomplish the righteousnesse of God; and for his threatnings, I hoped they should never bring [Page 14]me to be an accuser of the Brethren. Thus much in effect passed between the Atturney Generall and me, where though not totidem verbis, yet I have not wronged him one jot, but how much in this matter he wronged both me and himselfe, Lord open his eyes to see it.

CHAP. III.

AT length after fifteen weeks hard Imprisonment, and cru­ell usage in that loathsome prison, I was served with a Sub-poena out of the Star-chamber, whether I was appointed to goe to take out the Information against me; having for the most part one Theefe or other out of Newgate to be my Keeper; so that I durst hardly come in any house for feare of his lime-twig fingers,

The last Bout they had with me before the day of hearing▪ was about the answering of Interrogatories in the Star-cham­ber office, whereof I was more afraid then of all the rest; for wanting the Copies of three severall Examinations, having an information laid against me, with the Answer to it, and to the Interrogatories; all in summe to keep in memory, I might easily fall into a contradiction, which they would have accoun­ted Perjury, and it might be have made that the Matter of their Proceeding against me: But that gracious God who kee­peth straight the steps of his weaklings because of their ene­mies, stayed my foot from sliding, so that way (blessed be his Name) they had no advantage against me. The last Interrogatory was, Who were privy to the composing of the Book. I answered the Examiner (as formerly the Atturney) that I was not tyed to answer that Interrogatory by any Law; yea the Law did exempt me, instance 25 Hen. 8. cap. 15. Whereas it is held a­gainst equity and order of justice, to call any man in danger of Life, Name, or State, upon intrapping Interrogatories, or by any other Meanes then Witnesse, Verdict, Confession, or Present­ment; so it is illegall to delate a brother accused of the same thing especially, not evil in it selfe but taken to be evill. The Examiner answered, that he would not admit that Answer. I replyed he should have that or none, for I knew no exception [Page 15]against it; then he said he would set it downe, but withall that no other Answer I would make, with which I was content.

Hence observe; First, that the waving of this Interrogatory was fundi nostri calamitas, as appeared by many faire promi­ses, if I would discover them.

Secondly, wee should learne to desire the Lord, when we are under chaines and threatnings, that he would make us faith­full unto the Saints in a lawfull concealment of their assistances, though it be with our owne prejudice: as a friend is another selfe, so he should be [...], faithfull in the deepest distresse. It is a shame that Heathens should out­strip us in this

And shall not the Saints lay downe their lives for 1 Iohn 3.16. the Bre­thren? which Text if it were better cleared by practise it would amaze us; but blessed be God it hath been so cleared farre beyond the practice of all Heathens. Witnesse Ionathans faithfull love to David, which he preferred to the preventing of his fathers wrath, the saving of a Kingdome, yea and to life it selfe; so1 Sam. 18.1, 3, 4, &c. 2 Sam. 17. Cushi to David, and so of divers Martyrs one to a­nother, who have laid downe their lives with others and for others: So that the fidelity of Hercules and The­seus, Socrates and Ceriphon, Achates and Aeneas, Pythias and Damon; and of all the rest of those glorious Pictures, how bright soever it seemed, was but as a piece of polished Chrystal, in comparison of that true diamond fidelity of the Saints. But a faithfull one in danger for others may here object, in these evill dayes, where is the mutuallity? I would be a Pomgranate, but where is the Myrtle crowne to set it in? For that with the Egyptians is the Hyerogliph of faithfull friendship. I would be a Pythias, but where is the Damon? A Jonathan, but where is the David? Aliquorum amacitta arun­d [...]nea imo hi­rundinea. Some in requitall prove like Reeds and Swal­lowes unprofitable, and ungratefull?Num prohi­bet servare si­dem de [...]eta Sa­gunthu [...]. shall sackt Sagunthu [...] sack thy precious faith? Thy reward is with the Lord: let not other mens unfaithfulnesse make thy faith of none effect, but be alwaies aboundant in the power of it, knowing that thy la­bour is not in vaine in the Lord.

As the whole proceedings was according to the use of the Adage [...], a condemning of the absent; so the parts whereof it did consist, were in the mouthes of them and their Abettors invective revilings, and passing of unparraleld cen­sure. There is a Maxime unalterable in the Law of Nations;Formidabi­litas & minae in bello, comi­tas vero & aequitas in judiciis. menacing threatnings are usefull in Warre, but Gentlenesse and Equity should bear sway in judgement. For the better clearing of my selfe from doing them any wrong, and my self and the cause from reproaches put upon us, I have set downe some of their speeches that were sent me by a friend who was present there.

First, it is true, the Answer was read after the Information, but without my knowledge or direction; for I abridged the Answer, because I expected a hearing to explaine and main­taine the particulars, but God otherwise in his wisedome dis­posed it: but I am not ashamed of the answer, for one told me from the mouth of the greatest in that Court, that he affirmed it to be the sufficientest, truest and justest Answer, that ever was put into that Court these many yeers; for cleering whereof, I have published the summe of the Bill or Information, with the Answer.

CHAP. IV.

THe next in order, was I. R. Strenu [...] Accusator, as may appeare, by stating of the Case, under the name of a Crime; &Est attribu­tio alicujus Deo quod ei non convenit, vel detractio ojus ab eo quod ei con­venit. then branching it out under the names of ma­ny Crimes: As first of Blasphemy against God, &c. But as he saith much and proveth nothing; so, if to accuse be enough, who shall be innocent! First, for Blasphemy, Scripture, Ethers & School-men, desi e Blasphemy against God, to attribute of God, or affirme of him that, that is not agreeable unto him; or detracting from him, and denying of him that which is proper unto him. Now, what do I, or my Book affirme of God that is Blasphemous? If I were guilty of Blasphemy, especially of that kind, it were unworthy I should live. A [Page 31]Blasphemer is the worst of all Creatures, A mad Dog that flyeth in his Masters face, or like a viperous Child that will pience the heart of his Father, as the Story hath it; or as sacred Writt speakes of the Blaspheming Egyptian, ac­cording to the Originall. He smote or pierood through Gods Name.Levit. 24.11. * An accustomed Blasphemer (as a Worthy of out Nation saith) is a Divell incarnate. Blasphenia veniaus [...] maretur, saith Hierome, Epist. 32 Chrysost. teacheth us how to know a Blasphemer; besides, the comparison of a Woolse, and a Sheep together.Si quis lupum cooperiat pelle, Ovina quomodo eog­noscit illum, &c. * If a man cover a Woole, with a Sceep­skin, how shall he know him, but by voyce or act, as the harm­lesse Sheep with a demisse countenance bleateth, and the Woolf setteth his face against Heaven and howleth: So he that in humility of soule confesseth that truth believed in his heart, though with danger of his life, is a Sheep; and as the Prophet saith, led to the slaughter.qui voro ad­versus verita­tem turp [...]or blasphemis ululat contra Deum lupus, &c. But he who shame­lesly with Blasphemi [...] howles against the Truth, howling a­gainst God in reviling of his Servants, is a Wolse. Hence I ap­peale to any mans judgment, who is the Blasphemer. As speaking truth from the heart is required of all, * so especi­ally in Magistrates and Judges; Lying lips becometh not a great one,Matth. 7. A main property required by I [...]thr [...] in a Judge,Homil. 9. is, that he be a man of truth.Psalm. 15.2. *

The second thing charged upon me is Schisme,prov. 17.7. A Schis­matique, &c. saith he,Exod. 18.21 the Word of God which best defineth a Schismatique, I hope shall cleer me of that Imputation. Paul telleth usRom. 16.17.18. that a Schismatique is one that bringeth in or maintaineth corrupt Doctrine or Discipline contrary to the Word, or besides the Word of GOD, as a Divine ob­serveth from the wordFai [...]. [...] where not only (saith he) that which is contrary to the Word is forbidden; * but if any other thing, or in any other manner be brought in belong­ing to Doctrine, which Paul callethSed si quid aliud, vel al [...] ­ter introduci­tur. [...]. Wheron Mr. B [...]z [...] well observeth, that not only false Doctrine ap­paran [...]ly, contrary to the Truth, is forbidden but also the adul­terating the pure Doctrine, by Humane Inventions.1 Tim. [...].3. And Chrysos [...] on this place to the Romans thinketh that the J [...]wes are [...] especially, who together with the Chri­stian [Page 32]Faith urged also the Ceremonies of the Law. Of whom as Enemies of the Gospel, the Apostle often complaineth. Now what Doctrine or Discipline contrary to the sacred Word, or besides it? have I broached or maintained in my Book? they can shew me none; therefore I am no Schis­matique. But such as do so, let them be Schismatiques. I pray God with the Apostle, that All, but especially such as be in supream places, may diligently observe such, and a­void them. Indeed, all divisions cannot be avoided; and therefore one observeth well upon that place, that the Apo­stle forbiddeth not all divisions, but such as are caused by Innovation of Doctrine; For there are some profitable divi­sions (saith he)Gualter. whereby consent in Superstition is hinde­red: such a division is said to be among the People about Christ;Quibus con­scusus in su­perstitione, &c. John 7.4. some confessed him, some rejected him, and some went about to take him. For the better discovery of Schis­matiques, and avoiding of them, the Apostle brandeth them with remarkable Markes: As first, with rotten Hypocrifie, they serve not the Lord Jesus. What pretence soever they make. Secondly, from their base Ends, they serve their Bellies: Or, as in another place, they make their Bellies their God,Phil. 3.18. Omnia questus causa. they do all for filthy lucre. It is a miserable thing, saith Chrysostome, Pro Docto­ribus servos ventriis babe­re. to have for Teachers, Servants of their Bellies. Thirdly▪ from the meanes they use to fill their Bellies, by faire speeches, &c. that is, they sooth and flatter men in their sinne. They speak pl [...]c [...]nti [...], all is well, so they have enough: lkie murthering Physitians, they please the Humours, and kill the Patients; they devoure Princes a­live. Let such an one thenQui natus ab domini ventris. as is born to his Belly, or (as Hierome)Habet inven­tre. as minds nothing so much as his Belly, who for Gyants Bowles, Esau his Red Pottage, or the Red Earth of Gold, will sell Lawes Divine and Humane, Soule, Heaven, and Christ himself and yet will be taken to be Servers of Christ, by coming to the Church, &c. though nothing lesse. Let such an one (I say) be noted for a Schismatique, and avoi­ded.

The third thing,S [...]ct. he taxeth me with, is, Treason against the King; For branding me unjustly with the other two; [Page 33]Namely, Blasphemy and Schisme: his ignorance in tearms of that nature, might seem in tanto, though not in toto to ex­cuse him; For I take him, as P [...]racess [...] spake, of Quacks, to be Iulia [...]m Theologum. But to put Treason upon m [...]e, must either evince, that he hath never throughly perased my Book, nor weighed my Cause in a true Skale, which a man of his place should do before he judge; or otherwise, it must appear that ded [...]ta opera, he accused me of that, for which he hath not the least appearance of ground: First, Is it likely that I standing out this thirty years against my world [...] pre­form [...]nt, the advancing of my Childrens good, and that in ten­dernesse of Conscience, should at last wrap up all the re­joycing of my Sufferings, in the Black and ignominious Veile of horrible and damnable Treason. I might answer him in the words of Secrates, to a Persian Ambassador, fol­liciting him to Treason in the behalf of their King. When he was eating Cabbage to his Dinner;Audite inquit an hoc prandi­um proditorem facit Valer. Max. lib. 7. observe, saith he, if this kind of Diet can make a Traytor. Traytors are fat­te [...] in the Rib, then I, and look for greater matters, then I doe.

Secondly, my heart beareth me witnesse, and God him­self who is greater then my heart,Sect. that I have ever accoun­ted, and do account the Kings Majesty, the Annointed of the Lord the very Bre [...]th of our N [...]str [...]s, and as I have often protested, I esteem the least particular, conducing to his Be­ing, or Well-being, better then my life, and the life of all mine, and many thousands; and so I hope it shall appeare against all opposition, when Truth by Time, shall manifest it self.

Thirdly, Let the Book be tryed by judicious men,Sect. though partiall to the Cause, if either vola or ves [...]gi [...]m of Trea­son be found in it: I desire, besides, what I have suffered to dy the most shameful and bitter death, that could be thought on against any Traytor.

Fourthly, and lastly, If I be a Traytor against the King:Sect. why did they not proceed against me as a Traytor, accor­ding to the Lawes of God and of the Nation? As Treason is a Sinne of the highest name,2 Tim. 3.4. whether it be immediatly [Page 34]against God, as Idolatry, or against the Kings Person, and other Appendices. So there be condigne Penalties, both by Divine and Humane Lawes, inflicted upon it. Witnesse, A­maziahs dealing, with those that killed his Father,2 Chr. 23.5. and also the Peoples exact revenge taken upon the Murtherers of Amon; Cap. 33.25. witnesse also the Lawes of all Nations; of ours in particular, against such Imma [...]e and prodigious Persons, with their severall Penalties; instance for all, that exact and duly deserved Justice, that was done upon the bloody Regi-cides and Pari-cides, upon that thrice learned, & Majestick King, King, Iames the first, of Scotland: of which Aeneas Silvius, (afterward Pope Pius the second) was an Eye witnesse (being there for the time) who much commended the Na­tions Wit in devising such exquisite, and answerable tor­ments, and their love, in inflicting them to a haire. If any happily reply, that it was the Kings mercy to alter the case, and that I should suffer in this sort, in stead of punishment due to Treason. To which I answer, as I did in publique presence, that if I might have but a due Tryall at Common-Law, and if I perished that way, I would think it in favour howsoever. So in this case, I may say with Seneca, Beneficiam in vito non datur. A for­ced Benefit is no Benefit, when a man may not chuse, espe­cially in two Evils it is a poor Benefit.

Secondly, I am perswaded, that herein his Majesty is abu­sed; For how can they change the Guilt and Punishment, before the Guilt be known; and how can it be known be­fore the Law try it? And further, where the favours of Kings are free, and Accumalative. But this kind of Commutation is into a Punishment more bitter then death, and for shame and ignominy: what more can be? If it were not the glory of the Lord that resteth upon the Cause, and so turnes the shame of the suffering into glory.

Lastly, if I had dyed, I could have forfeited no more then I had: But to the rest of my sufferings, they added that, wherein I could not [...]uffer: Namely, they fined me ten thousand pounds, though the Judge said, he thought in his Conscience the Sneak was not worth so much. And was not this Proportia asimetra, I am sure it was neither Grama­trica, [Page 35]nor Arith [...]tica, or to speak In Law, was it Salvo Conten [...]m [...]to; but to leave Suppositions and Probabilities, Let his Lordship give me leave to deal with him obsigu [...]is [...]abulis; all the Statutes against Treason cleer me of that Crime. First, am I guilty of attempting any thing against the King or Queens Person, or the Persons of their Prince­ly Issue, Levying of Forces, counterfeiting either of the Seales, bringing in of counterfeit Coyn, killing a Judge fit­ting in his place, as the Butcher would have done, forging the signe Mann [...]ll, clipping of Coyn: have I prejudiced the Kings honour? Have I entred on any Castle or Ship; &c. Have I concealed Treason, or any Bull from Rome? Have I set any at liberty, committed for Treason, by the Kings Commandement? No verily, Heaven and Earth shall cleer me of all: Then not guilty of Treason, or misprision of Treason; for those are all the severall kinds in Effect, that are condemned by the Statutes here quoted:25 Edw. 3.2 1 Mar. 6.1 & 2. P. & M. 3.14. Eliz. 11.3. Edw. 6.11. &c. But to come close unto the Particulars, concerning words spoken against the Soveraign for the time being. There be two Statutes especially remarkable; the one of which, is that [...]3. Eliz. c. 2. in hoc ver [...]a, If any man shall advisedly; and with a [...]l [...]i­ous intent devise Writs, &c. any manner of Book, Writing, &c. containing false, seditious. and slanderous matter; to the defamation of the Queens Majesty, or to the encoura­ging stirring, or moving of Rebellion, or Insurrection with­in this Realm, he shall suffer, or forfeit as a Fellon. Before this Statute enacted, words of this nature were not Fel [...]o­ny; as appeareth by the Censure of Mr. Stubs of Lincolns-Inne; upon the oc [...]sion of whose Fact, this Statute was made, no terrifie men from writing slanderously of their Soveraign. Let my Book be laid to the Statute in the stri­ctest kind of Tryall (so it be true) it shall evidently appear, that neither for matter; nor manner: I do infringe the Sta­tute, and so am no Fellon, much lesse a Traytor. The other Statute, is conce [...]ing words of an higher [...]ure uttered a­gainst the Queen of King, for the time being Namely, [...]ing him, or Her Heretic, &c. 1 [...]. Eliz. c. 1. It is enacted, that who­soever shall publish, that her High [...]esse is a [...] Heretic, S [...]s­matic, [Page 26]Tyrant, &c. shall be punished as a Traytor. This Sta­ture hath relation to the former; which was made, as it see­meth, to protect the Soveraign Majesty from petty, or les­ser slanders, as Iu [...]mperancie, Vncleannesse. &c. The latter was to prevent such grand & grosse slanders, as foul mouths might cast upon the Persons of Soveraignty; as Heresie, Schisme, Tyrannie. The transgression of the former Fellony, or the latter Treason. Now as I am cleer of all the aforesaid fore-quoted Statutes made against Treasō, against the least King. So it is cleer as the Sun, that I come not within the touch of the compasse of this Statute: yea, I protest, not in thought; How then came I to be made a Traytor, without the breach of any Law? Let the Judge shew me [...]. my trans­gression of the Law, and I shall willingly acknowledge the Law to be the just Coertion or Castigation of mine Offence or Offences. But I am so farre from Guilt by the Law, that I challenge all the Law he hath to bring me within the Compasse of Treason, ex consequente, by Inferrence, or di­rectly; although he knoweth very well, that the Law is not so farre to be stretched, against any Subject Delinquent, or non-Delinquent, in Case of Life, or Blood For every poenall Law, concerning those, is strictly and literally, according to the Grammaticall sence, to be expounded and delivered; Witnesse, the Papists calling of Protestants, Hereticks; by the Law of Universals, including particulars, they call the King Heretic; and so by consequent, in so speaking, are Traytors, by that fore-said Statute, 13. Eliz. c. 7. Yet the Law layeth not hold on them as Traytors for this speech. And so I might instance in other things; which I note the rather for my just defence, that if he, or any other there did plead any Law against me by way of Consequence, which must needs be enforced, by the true intent of the Law it was null: Thus all men may see mine integrity to be a quit­ted from Treason by the Laws. For where the St [...]tute-Law cl [...]eth, no Principle of Common-Law, nor Case, nor Comment d [...]h condemns. But it is [...] wonder, that I am thus trayto­red, it hath been thus with by Betters, as a Learned Divine hath it: It is a s [...]ole Imputation of Ages to Be-traytor Gods [Page 27]Servants, when they stand for their Master. H [...]m [...]n accused Morde [...]ai, and the Jewes of Treason, to King Ahashu [...]r [...]sh. Mr. Samuell ward, in his coale, &c. when any thing is amisse, Elijah must be the Traytor,Hest. 3.8. and by Tertullus; the mouth of Gods Enemies,1 King. 18.17, 18. Paul is accused to be a plagy Fellow, and a tumultuous Traytor;Act. 24.5. yea, Christ himself, the harmlesse and spotlesse one, escapes not this branding Imputation,Luk. 23.2. where they falsly alleadge, that they found him over-turning the State (for so is the word) and also hindering the Revenue of the Crown. The Disci­ples must not look to be better used then their Master. It is an old dawbing trick of corrupt times, to slurry and soy [...]e the fairest Excellencies, with the fowlest Names, to make the things more odious, and to vayle and varnish the fow­lest Exorbitances, under the fairest Names; as for exam­ple, Holinesse must be called H [...]pocrisie, or Puritanisme, Zeal, fury, truly strict and sincere obedience, no better then Treason. But on the contrary, fowlest Exorbitancies must be masked with the fairest Names, State-subverting principles, and pra­ctise, must be called by the name of Policy, Rotten pollution of Gods Ʋ Ʋorship, by mens Devises, Orders and Dece [...]i [...]. Plea­ding impudently for a bad Cause, ability in Law, giving away, or selling mens Estates at pleasure, and imprisoning their per­sons, Equity, condemning the innocent, and absolving the Guilty, nothing but Iustice; and this the wronged Parties must ac­knowledge, or perish, Treacherous cunning to make bare the King and State, for making their own Nests in the Cedars, must be tearmed wise and frugall guiding, halting betweene God and B [...], [...]dera [...]e d [...]f [...]retion, harbo [...]g and mainraining openly Tray [...]ors against God and the King, a point of State-my­stery. But God weigheth not things by their Names, but by their Nature; Yet (as the Phylosopher saith)Nomi [...] [...] cons [...] ­tian [...], Pl [...] [...] sap. let Names, and the nature of things agree together, God in the Crea­tion, and Man in his Integrity, put fitting names upon all the Creatures, truly expressing their Natures: But to invert this Institution, is to subvert the order of nature, and to sin highly against the God of Nature. Cursed be they therfore, th [...] call Good Evill and Evill Good, saith the Spirit; But to hold to the particular, and so to close it up, there be so [Page 83]many Traytors (the Apostle sheweth us) in the last dayes, what perillous times shall be; and that through the abun­dance of monstrously wicked men, of all sorts, amongst whom he reckoneth Traytors. 2 Tim. 3.4. All Idolators, or such as serve other Gods, are Traytors immediatly against God. As all offences in a Common-Wealth are against the King; because they are against his Lawes, and he is the head of the Politick Body: But those that are immediatly against his Person, are of an higher nature; especially, the seeking of his life or to dethrone him, which are high Treason. So Idolatry intrencheth upon the Throne of Gods Dominion, and striketh at the very Root of his Being; and therefore is high Treason against him.Tantum est aliquod pecca­tum gravius quanto longius peripsum ho mo a deo ec e­pit. A sinne is so much the more grievous, as it removes a man the further from God. As Traytors are in greatest distance from the King, so Idola­tors, from God; and therefore Moses calleth it the great finne.Aquin. 22.3. [...]tic. 3. Idolator are also Traytors against the State; be­cause Idolatry brings desolation upon it; Witnesse the same place of Exod. Where GOD putteth many to the sword, and had slain the rest, if Moses had not stood up in the Gap, and turned away his wrath.Exod. 32.7. As learned Calvin saith, it brings utter destruction.

Accersit vl­timam cladem.These are held to be Traytors to the State, who being in place, as Eye▪ and hands to the Kinge and state, see and doe only for themselves, to the undoing of both the former; and not onely so, but they also divert by corrupt suggestions the Kings favour from his Subiects: and by deading of their spirits, do weaken the love of the Subiect to the King: That such Courses are Treason, there is Expresse Testimony for it in a worke of that judicious, and Learned Erasinus De Institut. princip. si capi­to ple [...]titur, qui principi [...] monetam viti­ [...]it quanto dignior est eo supplicio qui principis inge­nium corrupe­rit. if Clipping or corrupting of the Kings Coy [...] be Treason and her worth to loose his bea [...]e, that doth it; how much more worthy is hee of the same Punishment that Corrupteth the disposition of the King: They are Traytors who by any [...]ea [...], words writings or other practise, Endeavour to withdraw any with in the King [...] dominions, from their Naturall Obedi [...]ce, or from the Religion now established here, to the Romish Religion: a [...] to move them to Promise Obedience to the Sea of Ro [...]e, the C [...]l [...]rs, and [Page 39]Ayders of such offenders are within Misprision of Treason, 23 Eliz c. 1. what Case then by the Lawes are all the Plotting and Pragma­tical Iesuits in their accomplies, yea such as entertaine the Arch­plotters in their houses and at their Tables. Th [...]se devour the fa [...] and at their tables these devoure the fatte and sweete of the land, and walke where they will, doe what they list, and Pampered with dainties and flaggons of wine (as they say) strut it out insultingly over the imprisoned and distressed Servants of God, sustering: much hardship for witnessing the truth. I speak upon Experimentall knowledg, what in sufferable Treason is it; for a Subiect to Suggest to the Queen to convert to the Catholique faith, or rather sub­vert our King, and to professe their hopes of it, which is flat Treason by the statute, and this is delivered in a Book written by R. B. as he calls himselfe, and printed at Doway (as they say) anno: 1632: wherein (he saith) he hopeth, that the Queene shall make the Land happy by restitution of the Ca­tholique Religion, & converting of the King to the same Epist.] page 32. & in a passage of the Book it selfe, he taketh not only away the Kings supreamacy or Regall power, but also subiecteth him and all other Kings, to the Obedience of the Bishop of Rome, making his Honour inferiour to that of the Bishop;Ne [...] magis vituper andu [...] est prodit [...]r patria quam communis uti­litati [...] aut la­lutis desert [...]r. Cic. de: sin: finally to finish this poynt, that great states-man of Rome reckon­eth those up for Traytors, that withdraw their ayd to their uttermost power, place, or ability from the advancment of the Publique good, and so they are indeed.Amos 6.9. Or as ano­ther hath it that teacheth the Law, causing the wicked to compus [...] the righteous.Habac. 7.4. Surely by the nature of the evil, and the verdict of the Word this man is the Arch-Traytor, because he [...] loeth the King and subverteth the state; who are b [...] preserved by the Laws and the execution thereof p [...]pul [...] s [...] [...], yea such an one layeth all upon to the cons [...]ing and unquenchable Wrath of God; witnesse Amos in the fore-quoted place, where the Lord laying out [...]pting of judgment, and the violence of such as boast they have Ho [...] by the strong he whereof they thrust downe People [Page 40]Laws and all, He sheweth also the fe [...]rf [...]ll & damnable fruits of this bitter Root, behold I will raise up against you a Nation, faith the Lord God of Hoasts; and they shall afflict you from the entering of Bemah; to the river of the Wil [...]rnesse that is from one correr to another. Where this conclusion ariseth demonstratively. That Subverters of the Law, and Corrup­ters of judgment, and Ʋiolent Opressors of the People, are Traytors which I demonstrate thus. That Person or Persons who bringeth in a desolating Enemy, vpon the whole state and Kingdome is a Traytor; But a subverter of the Lawes A corrupter of judgment, an oppressour of the People brings in a desolating judgment upon a whole State and Kingdome (witnesse the words of the Text.)

Ergo, Subverters of the Lawes, Corrupters of Judgment, and Oppressors of the People, are Traytors.

By all this, we see, that there be Traytors enough and too many in States and Kingdomes; and it as c [...]eerly appears, that I am not one of those. Nor never a faithfull Councel­lour, nor uncorrupt Judge, nor impartiall Justice; nor in a word no good Patriot in maintaining of the Kings honour, the life of the Law, and the Subjects Right. I wish from my Soule, that a [...]l Traytors of what sort soever had their Trea­sons branded in their due desart, with Phalarius Duke of Ʋenice, who after his Execution, instead of a Seat of Ho­nour had a Chaire cove [...]ed with Black set in the Sena [...]e-house, as an Embleme of his everlasting Infamy.

The fourth Article of the Charge is that I am a Libello [...] against the Parliament:Sect. If he were a private man, I might well say sobrius haec nunquum diceret: For who feeth not, that hath read my Book, that no man of my Talent hath more perspicuously vindicated the honourable Priviledges of a Parliament, from the affronts of the Malignant, then I have done; and therein I have cleered divers wayes and meanes, for the advancement of the Regalities and Profits of His Majesty, the Weal of the Subject, with the pr [...]po­gating of the Kingdom of Christ, in the sme [...]rity of Reli­gion, which is indeed the Scepter of his Kingdome, and the Crown of his People, and that not upon supposed or feig­ned, [Page 14]but upon infallible and impregnable grounds; both from Gods Lawes and Mans. is this then to Lybell? nothing lesse. what madnesse had it been in me, to addresse suits, in the behalfe and name of the subiects, to the highest, and most honorable Court of the State; and withall to Libell against them? would any friend to the State, and favoure of my endeavors, present one of the Copies unto the Lords another to the Commons, if it had been a Libel?

Lastly, Would I have in my Answer to the Information, implyed an Appeal to the Parliament for Tryall, if I had Libelld against them? Let any man judge how these sort together. But for my more evident cleering, let us see what a Lybell is: The name L [...]bellus is taken in divers sences, both by Humanists and Lawyers; All of which, I will not mention, but such as are most pertinent. As, sometime it is taken for a Supplication, which the Greekes call [...],Hend [...]ca [...]l supplic [...]bus vacat lybelli [...]. so Martiall, so Sueton in Caesar, such were preferred unto Princes and Senates, by the People or Subject,Ad negotia explicanda▪ to unfold their Grievances and Desires. And such a Libel I acknow­ledge mine to be: But to cleer other acceptions, let us pitch upon that, wherein I take he useth it against me,libellus accu­sationis. viz. An Accusatory, or Defamatory Libel. So it is used in Plautus, Ubi tues qui me libello ve­nereo citasti, &c. in C [...]r. Where art thou, that accusest me of incontinency? This Desamatory Lybel thus defined.Famosus ly­b [...]llus est no [...] ­modo si dissi mulato, vel ficto author is nomine reddi­t [...]r, v [...]rum eti­am si expresse ad infamiam hoc est impin­gis delictum aliquod nota­bile. A Defamatory Libel is an Expression in writing, (whether with name of the Author feigned suppressed, or expressed) of some Infamy against a Person or State, taxing it unjustly with some notorious Crime.

Now let me be tryed, by this true and essentiall defini­tion,Nam c [...]i com­pe [...]it de [...]niti [...], competit de [...] ­ [...]itum. If this agree to me, I am the man: but if I have not charged that Senate with any Defamatorie Crime (which far be it from me) then am I free from the Crime of Li­be [...]ing.

To shut up the point, If there were nothing but one thing to quit me of Libelling, that would do it: Namely, if I had Libelled against the Parliament, I might happily in­stead of tortures and torments, imprisonment, and pining to death, I might have had some of the Worlds wealth and [Page 26]glory. Yee, from the Center of Ignominy, why must not I ascend to move in the Orbe of Erring Planets, as well as o­thers▪ who from their black mouths, and malapert affronts, have lybelled, and done against the Parliament things not tollerable: Notwithstanding all which, they are come to be pollished stones in the Jewel-house of the Hierarchy; Witnesse, M. C. and M. qui torqueri deb [...]nt ampli­antur, benefi­cii. Senec. They who deserve highest pu­nishments, are laden with heapes of Benefices, saith Senco [...]. Which they may sear shall be enough Punishments in the End. In the mean time, etsi hoc impune faciunt, yet let the Saddle for Lybelling, be set upon the right horse.

The fist Article against mee is innovotion of the Lawes. Sect. This is as true as the Papist charge against the protestants of innovation of Religion Hee cannot shew mee what Law of God, or Man, what Statute-Law or poynt of Common-Law. I have innovated:Omnium le­gum est manis censura nisi Divine legis imagin [...]m geraba [...]. Aug. lib. 9. de Civit. Dei. For as I plead for the Royall Right of the Antient of Dayes; so I make the Antiquity of Truth, the ground of my Plea desiring, and urging, that with the Pre­rogative of Christ, the Kings just Prerogative may be pre­served. And that the antient Laws of the Land, answerable to the Lawes of God, may be like the Lawes of the Mede [...] and Persians, which are unalterable,supremam popu [...]i sal [...] ­tem. the tenure of every Law is void except it carry the Image of the Divine Law. Since ever I knew any thing in the Law, I held it ever to be the highest Weal,Lex est san­ [...]ti [...] san [...]ti, ju­ [...]ence [...]onesta, & pr [...]ibens contraria. Fortescue in comondation [...]f the lawes of England, fol. 8 of the Weal-publique, because it is nor the invention of man; but as the Orator speakes of it, the Law is the Invention and Guift of God; the Common Juncture of the Body Politic.

And therefore that learned▪ and zealous Chancellor, gi­veth a good definition of the Law; the Law is a holy San­ction, or Decree, commanding things honest, and forbid­ding the contrary. Agreeable to that Definition of Tullies. Jubec [...]a qui saci [...]nda sunt prohibet (que) con­ [...]raria. lib. [...] lege. Another reason, why I, nor others should not innovate Lawes; because good Lawes, are not only Gods Institution, but in the Equity of them, they are Eternall: And there­fore inviolable [...]x non es [...] s [...]itum abquod populorum, se [...] ternam quid­ [...]dam. the Law is not the Devise of Man, but a thing Eternall (saith the Orator.)

Thirdly, whereas the Learned say, the Excellency of the Law consists in two things: In the goodnesse of the Lawes, [Page 43]and the Effluence of things thēce proceeding. Which of these have I opposed, or innovated? Or, yea, rather have I not pleaded, and suffered for the maintenance of both these. Fourthly, where thete are six grounds of the Law; Name­ly, Reason, the Law of God Good, Generall-custome, sound Maximes, Good Particular-Customes, and wholesome Pe­nall-Statutes. On which of these, have I intrenched?

Fifthly, and lastly,Cum lex obe­dientibus vir, tutem decla­rat injuriam paffi vindica­tix sit & sco­pus, sit legis de vita hom inum bene mereri. since it adornes the obedient with vertue, revenge the wronged, and deserveth well of every mans life; What good should I get by innovating the Lawes? Indeed there be too many Innovators, both of Gods Law and Mans. As first, such as decree, wicked Decrees (as the Prophet speaketh)Esr: 10.1. where by wicked Decrees, he mea­neth either such as make Decrees against Piety, Equity, or Honesty. And such the Prophet calleth, Statutes that are not good. Wherefore I gave them Statutes thet were not good, saith God,Ezek. 20.25 that is, he gave them up to obey fancies of their own devising, id stead of the good Lawes that he had given them. Or by such Decrees is meant, the wresting of the Law against the true meaning and intent of the Law, or Law­giver, either by corrupt Pleading or by giving of Sentence. For as no corruption is so contagious and noxious, as cor­rupt Pleading according to the Greek Commick. [...]. A wic­ked Pleader is the Pox to the Lawes. Such Judges also as doe pervert or wrest Judgment, as the Spirit speaketh,Deut. 27.19 or ju­stifieth the ungodly, or condemneth the Innocent,Prov. 17.15. Such, I say, are Innovators, yea and Falsificators. Against such the Lord pronounceth a heavie Curse and Woe; yea,Esa 5.23 they are an abomination unto the Lord, as in the places fore-quo­ted. So the Lord prescribeth Lawes to all men, how they should walk before him, both in their generall and particu­lar Callings; and this is called the Regal-Law, able to make every man perfect to every good work. As for instance, the Law concerning his Worship is called the Old Way.Jerem. 6.1 [...] Ask for the old Way, which is the good Way, and walk there­in.

Now what is this Old Way? But that wherein the Pro­phets and Patriarchs walked, directed by the Word of God. [Page 44]Intimating thereby,Mr. Per [...]. or­der of Causes, p. 25. that there is no true way; but that which God prescribeth. As it is a part of Christs Kingly Office to govern his Church: so it is a main part of his go­vernment to make Lawes; and another part to appoint Officers.Jam. 4.12. There is one Law-giver, which is able to save and destroy: and so for Off [...]cers.Ephes. 4.11 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 m [...]n; then they innovate the Lawes indeed, and thereby shake the Foundations of the Kingdom, as it is in the same Psalme, moned shall bee all the Foundations of the Earth Psalm. 82. as if the Prophet would say where men of Place will not undestand but pervert judgment and carue it against its owne intent, and the intent of the Law-giver. Upon the violation of these Lawes, such disorders and disturbance of State shall follow, that all helpes whatsoever shall come to ruine, the Earth (as the Prophet speaketh) shall Reele to and fro like a drunkard, and shall bee removed like a Cottage; and the transgression thereof shall bee so heavie upon it; that it shall fall and not rise againe.Vers. 5. there is an absolute necessity of judges to declare the Lawes: and to give sentence accord­ing to the Lawes; as the Civilians, and our owne Learned judges have it.Esa 24.20. it is little materiall that humane society enioy Lawes: except there be men of place to declare these Lawes, and to judge according. and because affayres bee many: Kings and States must have judges, as hands, and Eyes to discer [...]e and determine of Right Parum est jus in societate bu­wana nifi, fint qui jura▪ di­ [...]t & regere possunt. and Wronge, according to that Councell of Iethro to MosesExod. 18.6. where not only the necessity of such judges; but also the due qualifica­tion [Page 45]of them is layd out, as alsoDe [...]t. 1.13 they must bee wise men, Nam ignora [...] ­cia jud [...]cis est Calamitas in­nocentis. Aug. de civit. D [...]i. lib. 19. c. 6. the Ignorance of the judge is the undoing of the Innocent saith that learned father, where by Wisdom, they must not understand a bare speculative In-sight in the Lawes: but such a speculation as is joyned with practise.

And therefore the Spirit of God useth two words to ex­presse the Knowledge of Judges, Wisdome, and Under­standing; where by the first, the Interllectuall part must be well informed: and by the other, that Information must be well applyed to the Particulars in hand.

And this Knowledge and Practice (as I take it) is all one with that Courage which is required in Judges.Exod. 18.21 It is the same word that Pharoah useth to Ios [...]ph, concerning his Brethren, where hee asketh, if they be Men of Activi­ty.

Therefore Simlerus rendereth it well,Valentes in­genio. Men of a dextrous Ʋ Ʋit.

A great Civilian * speaketh elegantly, and pertinently to this purpose; A Judge must be seasoned with two sorts of Salt, the Salt of Science, without which he unseasoneth all; and the Salt of Conscience, without which his Knowledge is Diabolicall.

Judges also, saith the Word must be men of Truth, that is (as the Learned say well) * they must be true in Ʋ Ʋord and Deed, both to speak the truth, and to practise it.

There must first be a diligent seeking out of it, by all good evidences; and then a judging accordingly, secun­dum allegata & probata, as they say, * yet never with the neglect of Conscience.*

Let them determine as it becometh them, according to the evidence of things proved, saith that great Lawyer Vl­p [...]anus; and that they may thus doe, let them love the Truth, as another Civilian saith upon this place, or as Solo­mon, Let them buy the Truth, and not sell it, as every Man should speak the truth from the very bottome of his heart, [Page 46]So the hearts of the Judge should be the Cabinet of Truth. And as Untruth should be odious in the mouth of every man; so it is most abominable in the mouth of a Judge, because it is countenanced from the place of Justice, wher­by the Name of God is blasphemed the Righteous broken, the Wicked strenthened, and the State ruined.

Auother Property; they must hate Covetousnesse, where the Phrase (as Cajetan observeth) is very emphaticall, [...]Etfi sufficit alia non esse avarum. though it be enough unto another, that he be not covetous: yet a Judge must be so far from Covetousnesse, that he must hate it and abhor it. As the word Batzah signifiethAvaritia & cupidi tate e­vertituus Ju­dicium. by co­vetous Desires, judgment is over-turned, saith a Civilian. Augustine calleth the Covetousnesse of JudgesNoveram Ju­s [...]itiae & nu [...] ­tricam Gehen­nae. the Step-Mother of justice, and the Nurse of Hell. Iustiman drawes the Picture of a Covetous Judge to the life, A covetous Judge delighteth more to look upon the Masse of Gold, th [...]n the Son of Righteousnesse. Plutarch tells us, that the Judges of Thebe were pictured without hands: Implying, that they should be free from Gnifts, which (as Moses saith) Blind the eyes of the wise, and perverteth the words of the just.

A worthy Judge of our own simming out the lineaments of a Judge, besides that freedome from acception of Per­sons; he saith, there must be in himAvarus gra­tius intuetur auri molam­quam Justiliae solem. Novel. 3. a diligent search, and inquiry of all things to be judged, and a just execution of things decreed.Diligence ex­quisitio opor­tet en [...]m Judi­cem cun [...]a ru­minari, &c. And he gives Reasons for all these from Scriptures.Deut. 1. Job. 29. 2 Chron. 19. [...]amford, lib. 2 c. 4.

One thing more required, and that is the Bas [...] of all the rest, they must be men fearing God. The fear of God is the Foundation of all the other qualifying Vertues,fine h [...]c no [...] sunt verae vir­tutes sed um­brae. without this, the rest are not true Vertues, but shadowes of Ver­tues.

Arm a man with Authority of Place, if he fear not God,cu [...] ex p [...] ­tenciahomine [...]. Gen. 20.11. since out of might he feareth not wrong, what wrong may he not do? Or what will he not do, if occasion serve. As Abraham looked for nothing in Gerar, but some bloody death, because the fear of God was not there: So let no man look for justice from the mouth of that Judge; in [Page 47]whose heart the fear of God resideth not: For either he doth no justice at all; but by wresting of justice, turns it a­gainst those whom he should protect. Or if they do any ju­stice at any time not for Justice sake; It is by the feare of the Lord (saith the Wise-man) that men depart from evillProv. 6.6 a vive Pattern of such a Judge, Our Saviour relateth in the Gospel, there was in a City a Judg, that neither feared God norreverenced man:Luke 13. [...] such a cruell and bloody Crew of unjust Judges not fearing God, were the Chief-Priests, Scribes, and Elders,Matth. 27 who came together betimes in the morning and arraigned Christ, and condemned the Inno­cent to dye. Which Judges and judgment Hierome & Chri­sostome describeth prettily.Erat illie solum figurae Judicii reverae autem impetus suit latronum. There was (say they) a shape or shadow of judgment, but in very deed, nothing but a violent shock of Bloody Robbers.

Therefore, that Judges may bring their hearts to this fear, let them informe themselves of two things.

First, as they can doe a King and State no higher injury, then by wresting of judgment to violate Lawes. So Kings (thus provoked) have and will put the highest Censures, and that deserved [...]y upon such Godlesse Judges, as neither fear God, nor reverence them: and that the rather, because Kings shall answer to God for all the violence (especially in case of Blood) and wrong that they commit or maintain, under pretence of their Place.

And therefore as Kings had need of many Eyes, and al­so to use them, the Egyptians drew the Hierogliph of their King, in a convolved Serpent alwayes awake; holding fast as it were byting the tayle in the teeth: writing upon it in stead of the Kings Name, Custos, a Keeper, giving Kings to understand that if they will be Kings indeed, they must have an Eye to all things; aswell the lesser, as the greater, that co [...]ern the good of the Weal-Publique, especially, in matter of Justice,Valer lib. [...]. pag. 140. that Womans speech to Casar, though somewhat bold; yet was not in-opportune in it self, nor e­vill taken by him. If Casar will Raigne, he must look that his poorest Subjects have Justice.Erasmus lib. 6. Apoth. For the hurt of the least Member, reflects upon the Head. And therefore, good [Page 48] Theodosius the younger gave a sweet expression of a Prince­ly disposition.Ad privata oportet prin­cipem esse fa­cilem ad ignos­cendum: in iis quae laedunt rem debent esse severi. Erasm. Apoth. 8. In privacies Princes should be easie to par­don; but in things that prejudice the Weal-Publique, they should be very severe.

But to the point of danger to unjust Judges; let that re­markable Example suffice for all, Sesamines by an unjust Sentence perverting the right of a poor Woman, she pitti­fully complained to Cambyses the King, who took the mat­ter to hearing, and finding her to be wronged in judgment, he caused the Judges skin to be flead off, and to be set in the place of Judgment (or as some made a Cushen of it) appointing his Son Ottanes in his place, with this Item; that when he looked on his Fathers Skin, he should be taught to do righteous judgment.Herod. lib. 4.

This were a dangerous Law in these evill dayes, Cum po­nes justes jus est, &c. where Judges kill the Witnesses, sure­ly if skins should be hazarded, for every unjust Sentence, if some had more skins then the Serpent, that casteth one every year, they were sure to forfeit them all.

The second meanes to bind this feare upon their hearts, is that inevitable Answer, without Appeal, that they must make before the high Judge of Heaven and Earth to whom they must give an account of their great Steward-ship; which if they cannot do, as they have broken the People in judgment so God will bray them to powder. He who as­cends the Seat of Justice, should so judge: as he desireth to be judged by that great & supream Judge in the last judg­ment, over whose judgment he was left on earth. Saith one, where this holy in-awing fear is not in Judges, in judging according to the Lawes, they plague the State, pre­judice the King, and abuse his Royall Favour. They disho­nour our God, whose judgment they execute, and they provoke God to plague them in their Posterity. [...]tnesse, God himself in divers places,Exod. 23.8. where the reason why men should not wrest Judgment, in slaying the Innocent, ver. 7. is this, He will not justifie the Wicked, vers. 8. that is to say, God will be avenged of the unrighteous Judge. So in the second Psalm, and other places. The Prophet Micah in [Page 49]the 3. of his Prophe [...]ie from the 9.10 the 11. s [...]th forth Emphatically the monst [...]s and cruell dealing of the Jud­ge; of Israel, they ab [...]r j [...]dg [...]t, s [...]ith the Land and per­vert Equity, they build up Sion with Blood, and Hi [...] J [...]l [...] with Iniquity, the Heads thereof judge for reward, th [...] Priests teach for Hire, and the Prophets Divine for [...] yet they leane upon the Lord, and say, is not the Lord among us? None evill can come upon us. But observe what followeth in the lest verse, therfore shall Sion for your sakes be plowed, [...]sa [...] shall become an heap and the Moun­tain of the house, the high-places of the Forrest; where ob­serve, how the Impieti [...] and Iniquity of the Iudges and Mi­nisters of a Nation covered with Hy [...]roc [...]isie, doe not onely bring a fearfull plague upon them and theirs; but also utter des [...]l [...]tion upon Church and State. As the greater Caelestiall Bodies out of frame do distemper the inferior; so if Judges more not directly, they marre all: as sinews or tendo [...]s out loseth the motion of the Member, because they cannot be consolidated; So want of integrity in Judges makes a la [...]e Common-wealth. As the Organicall parts are of the s [...]e temper with the similar parts of which they are compo [...] ­ded; to Persons & Officers in Law follow the temperature of the greater, as Councellours and others. God pronoun­ceth an heavy Curse and a Woe against such,Deut. 27.1 [...] Esa 5.23. all their supposed advantage of place shall inlargetheir Pu [...]ishment▪ their Table (as the Psalmist speaketh) shall be made a s [...] unto them,Psal. 69.22 and every good thing that they possesse shall increase their Woe.Potentes tor­menta patien­tur. Mighty winked ones shall be mightily tor [...]nted. God moveth a fearefull Question unto s [...] as turn alide judgement, what will ye do in the day of Visi­t [...] [...] where b [...] [...]h [...] con [...]r [...]ry they that establish judg [...]t in th [...] ga [...]e. ( [...] A [...] speaketh) hath p [...]ises of [...]y and Protection,Amos 5. [...] a [...] D [...]od [...]r [...] S [...]l [...] rep [...]eth the ma [...]r of the Th [...]i [...]. quod capi­tal [...] crimen habitum ca­villationib [...] interpretam legum, severi­tatem & Ma­jestatem dis­trahere proinde [...]utum [...]rat non cicere nisi laqueo colio circumdato, &c. It was holden a capi [...]ll Crime, by [...] villing [...] [...]o [...]stract or str [...]tch the si [...] of the Lawe [...] [...] [...]rity; and [...] i [...] as [...] dai [...] that in [...] of gr [...]at cons [...] [...] of [...] the [...] [...]re and i [...] [...] La [...]es, of [...] [Page 50] and Policy were to be scanned, being the very souland spirit of the Weal-Publique. The Councellors come to the Bar and Plead with [...]alters about their necks, that if they offe­red Violence to the Law, they should be hanged up. Bernard speaking of suchAmpullis & resonantibus, verbis. as by swelling & frothy words pervert the Laws he calles them H [...]stes Insticiae▪ [...]mies to justice. Galen speaking of bad Physitians who deceive themselves and others; sheweth the of strength erroneous Opinions, when they once ceize upon the mindes of men. How much more dangerous when they studdy falshood for love of Lucre? false opinions ceazing upon the soules of men make them not only deafe but also blind: this affected blindnes ioyned with greedinesse of gain and some faculty▪ of expression Tully layeth out from the dangerous effects or Symptomes of itPostquam commodit as prona virt u­tis imitatrix dicendi copiam consocuta, &c. in Prol. Rheto. when desire of gain, with semblance of faire dealing, hath once obtained a flu [...]nt faculty of expres­sion. Then (saith he) it is odinary for mischeife masked with wit; to overturne Houses Lands, & Lives. That deser­ved Encomie that Galen and others gives of Medicines; may be aplied to the Lawes; if they be well used [...] they a [...] the Auxiliary bands of God: but if they fall into the hands of Moun [...]ebankes, who rather abuse, then use the Lawes * there is more danger from the Phisitian then the sicknesse. As the Law is defined to be an Holy Sanctio [...]: so the judges or deliverers of the Law, are by the Leg [...]sts called S [...]dotes. That is sacra d [...]tentes [...]t ministrantes, teachers and administratros of the Holy things▪ therefore it is Sacriledge to abuse, or innovate them. If the s [...]preame judg on earth cannot inno [...]ate the Lawes, except they crost the Lawes of God and the good of the State; then mue [...] lesse [...]a [...] Mi [...] ­st [...]rs [...]r deliver [...]s of the Law cru [...] to the Right hand [...] to there [...], from the [...]ve intent and m [...]ning of the L [...]ws▪ Now that the former may not; it is cleared in th [...] Tr [...]tise called the comendation of the Laws by that n [...]er-enough commended fallen of the Laws Gh [...] [...]s [...]er▪ F [...]as [...], and that by an [...]eleg [...] Sim [...]e from the [...] [...] the bo­dy politick in these word [...]. As the Head of a [...]ody. Natu­ [...]all [...]annot change his fine [...]es, no [...] cannot deny or with­hold [Page 51]from his inferiour Members, their peculiar powers, and severall nourishments of Blood: No more can a King, which is the Head of the Body-politic, change the Lawes of the Body; nor withdraw from the same People, their pro­per Substance, against their wills and consent in that be­half.

Then to shut up this particular, with that Axiome of the Civill-Law Judges should not judge or sentence after the guidance of their own Will: but according to the Lawe [...], laudable Customes, and received Statutes of the place. Like unto this, is that Order of the Imperiall Chamber: It is gi­ven in charge to the Judge and Assistants of the Imperia [...] Chamber; that not out of their own proper and bare plea­sure they should give Sentence: but according to the Lawes and Statutes of the Empire.

A consc [...]onable [...]dge or Lawyer is such an one, as ruleth his Conscience by the Law, and then his Sentence, or Plea, from Conscience. For such as pretend Conscience without Law, are like unto Papists, or other Hereticks; who still proclaime Conscience, but without that word of Truth which is the ground of Conscience.

To this purpose speaketh Oruat Baldus, Consci [...] l [...]gis vincere Consci [...]iam [...]is. The Consci­ence of the Law should ever command the Conscience of Man. [...] Hence (saith he) is safety of Conscience. * The Conscience of the Iudge is never oftended, who in judging ob [...]erveth the inviolable precepts of the Law. By all which, we see, the Conservation, or Innovation of the Laws, spring especially from the integrity or curruption, Cu [...]d [...] L [...] ­g [...], of the Keepers or Ministers of the Laws. Which cor­rupt Ministers are not unlike those Succed [...]an Ʋi [...]ers, of whom this relation goeth: The Lord Major of London gave order to a Serjeant to call the Brewers before him; who instead of them, warned the Vintners to appear, [...] whom the Lord Major beholding in the Court, a ked what they did there: the Se [...]jeant answered him, that upon his Lord­ships Com [...]ent, he had warned them to appear: the Lord Major rep [...]ed that he gave order for the Brew­ers appeara [...]ce: It is true my Lord, (said he) and these be [Page 52]the greatest Brewers, or grand Imposters in corrupting of the Queen of Liquors, as I, and my Fellowes find by dan­gerous experience. Whereupon, the Lord Major and Al­dermen approved his wit, and took the matter to conside­ration.

Even so they that are the Masters of the Wine-Seller of Iustice; if they mixe their wine with water, or turn judg­ment into wormwood, these are the corrupt Brewers, or Masters of the Lawes, the grand Impostures poysoning the whole State, because they poyson the Fountains head.

Therefore David describing the wicked man in opposi­tion unto the godly; he useth the word Rashangh, which fignisieth a restlesnesse in himself, and a disturber of others; and therefore likened to the raging of the Sea, the learned Paraphrast doth call them ex leges. Nonita Divini gens [...]e [...] ­cia foederis exlex. Not onely lawless [...] but such (as if they be in place) trouble and bemire the pure Fountaine [...] of the Lawes. And in this they become like the wicked and de­vouring Shepheards, spoken of by Ezekiel, seemeth it a small thing to you, to have eaten up the good Pasture: but ye must tread down with your feet the residue of the Pa­stures? and to have drunk of the deep waters, but yee must foul the rest with your feet? And as for my Flock they eate that which you have troden with your feet: and the drink, that which ye have fouled with your feet.Ezek. 34.18, 19. where by shep­heards, are meant, both Pastors, and Magistrates; and by good Pastures, and deep Waters are meant, The pure Word of God, and the uncorrupt Pountain of Practice. Out of the corrupting of both which, they first made up their owne mouths; and then distributed to the People nothing but what they had corrupted.

Let Kings therefore (as the Psalmist speakes) be pru­dent, and let the Iudges of the earth be well nurtured;Psalm. 2.10 for if they kill not the Son, whilest he is angry, that is, both in Iustice and Religion, they shall perish in the mid-way; that is, even in the top and the ruffe of their wicked works; when they looked least for it, they shall suddely perish. And this the Apostle assureth them of, as if they had it in [Page 53]their hand, the wrath of God (saith he) is revealed against ungodinesse.Impiet as est proc are in De­u [...] Iniquil [...] in Homi [...]es Orig & Chr. Where Impiety is to sinne against God, and Iniquity against Men: the reason is, from that which ag­gravateth their sinne: Namely, the with-holding of the Truth in Unrighteousnesse. Which Phrase, a the Learned do observe, doth intimate men to have a knowledge of the Truth, both in things concerning God and Man. But they do the contrary, the very Emphasis of the Word laveth it home to corrupt Iudges, [...], a word borrowed from the Practise of such as tyran [...] [...]y [...] presse the I [...]uo [...]ent and casteth them into Prison. But by the contrary, blessed are those Iudges, and other Ministers of the Law, that doe and speak righteous judgment: for they may confidently wait for safety, when tryall cometh upon the whole Earth. It is remarkable how Marcham chiefe Iustice in Ri [...]h, the third his time, denying to give sentence against Burdet the Vintner, for saying, he would make his Son Heire to the Crown; Was contented rather to lose his place, then to part with a good Conscience for which his Posterity hath pro­sperously flourished till this time. But on him who for his place was content to condemn the Innocent, the Lord re­vealed his wrath indeed, in plaguing of his Postestrity; and so much for the Innovation of the Laws.

The last particular of this long charg, is,Sect. that I am a factious Person in the Common-wealth. Respondent ulti [...]a primis, the last is like the first, When accusations come from men of place, from whom nothing but sacred truth should pro­ceed, they ceize deeply upon the Accused, being brought low in the eyes of men, how soever they be guiltlesse both in Gods eyes, and in the eyes of all that are impartiall. It is an ordinary course in such Accusations, to use words of courses which being many in number, and wanting weight of proofe sunt sol [...]is le [...]a caduci [...], of themselves they are lighter then fallen leaves. How soever accidentally they damnisie the Accused.

Now to cleer my self of this, as of the former, according to the course that I have taken in the rest, Let us consider [Page 54]what Faction, or a Facti [...]us Person is, for as my Accusor should have cleered the Crimes charged upon me, by giving a definition or description of them; and so according to the nature of a definition,Rem defini­tum prosequi dum propri­um. efficiat [...]r lib. 2. de de­monst. c. 14. [...]it. 17. is to prosecute the thing desi­ned, till it plainly appeare to agree properly to the Party spoken of.

But as I am not gvilty of the mater nor charge with it methodically: so I follow a cours by way of Definition to acquit my self of the mater charged upon me, namely pro­ving directly that the thing defined toucheth not me. N [...]m eni non competit defintio non competit definitum. Faction with Lawyers and Polititions, is either taken in the better, or in the worse sence. In the better sence, it is ether taken so simply, or accidentally, the former of these is defined thus by Poli­titians * there is one kind of faction, which defendeth the Lawes and Right of a Weale-Publiqve against all uniust oposers of the same. And this is the best or an approvable fa­ctions. Of this kind of faction I desire ever to bee, and all good Subjects should doc the like, so farre as place, and power, calleth them.Nam nati sumus potius Reipub. & le­gibus quam nob is ipsis. We are rather borne to the Republi­que, and the maintenance of its Rights; then to our selves. The latter kind of good faction consisteth, in the devision of families, or men of note in place, evil in it selfe, yet acci­dentally good, because it poyseth the adverse faction. To this purpos speaketh that great Ropsodian in Rep: * diverse factions so they move not sedition, are to be tolerated in a common-wealth: because by this means the State may be better tempered, and kept as it were in an equall ballance. Instance, in Rome, the Tribunes of the people, kept the Con­suls and the Senate in an Equilibrie. So in England under Queen Elizabeth and other Princes, by divers factions the State was Poysed: howsoever the parties in their divisi­ons had their owne particuler ends. And this is that concer­dia discors, that keepeth the State in tune and temper. The second sort of faction is evill continually and co-incident with sedition, though in some particulars they differ, there is a faction (saith a Statist) that without just ground rush­eth upon violent courses; and this faction, is sedi [...]on, if it be confirmed by Covenant, it is called Conspiracy, if by oath Con­juration [Page 55]where upon imediatly followeth his definition or descriptiō; faction is, a gathering together of more or [...]wer by Conspiracy the end or Issue where of (saith Bodin) is either the destruction of both or the advancement of the one par­ty to the stern of Government. For this there be a world of Instances, as of that Faction of the Gwelph [...] and Gibellines, that of the Samaritanes, and of the Iewes, and of the M [...]n of Iudah, and the Men of Israel, Tacitus gives a description of Factious Persons, being base and poore in their privacies, and having no hope to raise themselves; but by the ruining dissentions of the Publique State, they become deadly mischiefes to the Common good, and therefore are to bee taken off.

The Grounds of Faction, are Ambition, or Sedition. A­varice, Hatred, Discord, and the like, or dependenc [...] upon great ones, whose Humour, they serve, and whose Discords they foment.Unde factiosi qui primates civitatis dis­cordantes ctantur. Hence they are called faction (saith the Orator) who follow the great ones of State in their discords and heart-burnings. This ground of Faction was called by the Antients. Ius Client [...]a the right of [...]a [...]ing, or ad [...]er [...]g to their Patron or Defender, whose observancie they preferred before the League of Kindred and Friend hip. Plu [...]arch in the life of Romulus. treating of this Subject, calleth such Clyentes [...] willingly to come nigh, or to adhere, intimating the strict necessi [...]ude between such Clyents, and their Patrons or Maintainers. Iulius C [...]sar calleth these Clientary Coitions, factiones, factions.

Another main ground of Faction, and the last that I will mention, is Reward. In such States or Kingdomes wherein Factions are [...]pened and maintained by Rewards there Faction or Sedition shall never be warting. For that thing to which there is a gainfull recompence proposed, must needs grow exceedingly, be it good or bad. To this purpose speaketh that universall Architector. The Rise of Discord and Sedi [...], is from converting a Publique Right into a Private.

Now let me be put to tryall upon these particulars, both from the Nature and Grounds of Faction, as upon a com­petent [Page 56]Jury, and then it shall evidently appear, whether I be guilty of factious Faction, or no.

First, was there any unjust cause undertaken, or main­tained by me? or any that moved me to the work? was there concursus ad vivum, any violent manning out of the matter? was there any Conspiracy, any Conjutation? was the ruine of the tottering State, or rather the recovery ay­med at by us? Was a lawfull and necessary recourse, in time of danger to the whole State representative, a point of Faction? Especially, they being the great Physitians, we being the Patients. This recourse being the joynt priviledg of all good Subjects.

Lastly, in matter and manner of our recourse, nothing laid down but the very open and publike Diseases of the Church and State. Proved invincibly from the Laws of God and Man; pleading for nothing more next unto Christs right, then the right of the King.

For the truth of all which and true intent in handling of it, I call my Conscience to record and God himself, which is greater then Conscience; For which truth I also suffer, and am ready by Gods assistance to suffer to the last, if he think it good. Now if this be to be Factious, I know not what is to be faithfull.

As I am thus acquitted from the nature of Faction;Sect. so all the Grounds of Faction or Sedition will cleere me of the guilt of it.

Eirst, for Ambition, which according to the Etimon [...] is a Haughty desire of Dignity, or Vain-glory; which as a Father calleth it,Barnard Ep. 126. is causa furoris, the cause of mad­nesse, now a dayes especially: As I had no ground for it, considering mine own unworthinesse; so I thank God, since ever he gave me a call, I desired never to be ambitiou [...] of any thing, save to have a share in Pauls Ambition, Namely, to know the Power of Christs resurrection, the Fellowship of his Sufferings, and to be made conformable unto his Death.Phil. 3.10. In evidence whereof, the world knoweeth, that for keeping a good Conscience, I have forsake-great [Page 57]Preferment. As for coveteousnesse the roote of all evill, by Gods mercy I had learned in some measue to be content, And where coveteousness (as Augustine saith) con­sisteth in two thinges in aliena rapi [...]nd [...] et cupide sua ser­vando, in robbing others, and in two nighly kee [...]ing of a mans owne; For the former non can accuse me; and for the latter the world can wi [...]nesse with me that at time and time; I have lost for Christ, and the State a competent state for a private man. For hatered; howsoever I had many wrongs now and then; yet blessed be God they turned ever to my good; why then should I hate the Instruments? for this had been to have marred the Medicine, and to have weak­ned Prayer, by which the Medicine is sanctified. Augustine speaketh sweetly to that purpose.sicut nullum in vulner eva­let medica­mentum, si sit infut farum ita nihil pro­ficit oratio ubi manet odium. De rectitud. Catholic. con­verse. As no Salve can cure the wound so long as the weapon remaineth in it; So Pray­er in affliction profiteth nothing, so long as hatred remai­neth in the heart.

As for Dus [...]ord (as the Prophet Jeremy saith) I had not much mediing with the World, and therefore the lesse ground for contention. As for Clientary Dependency, in truth I neither had it nor did affect it; Neither had I relation to any great Ones except my Calling occasioned me.

Lastly for Reward, It is true indeed, that Reward of the Good, and Punishment of the Bad, be the Rod and Staffe of Government: yet I can safely say, that I was so farre from any mans reward, that I rather spent of mine own in any businesse of State I confesse ingeniously, that the Seeds of all the former Corruptions are in my corrupt nature; yet the grace of God in me did so curse the springing of them, that I protest, they never grounded in me, the least thought of my seditions Faction as is here charged upon me. But by these grounds, it will appear, who be the seditiously Facti­ous; namely, Ambiti us Humans, and over-lording Dictre­pheses; who! so they climbe, they care not who, or what fall. And by the golden steps of their ascent, it evidently ap­peareth, and they may truly say with the chiefe Captain, [...] with a great summe we have redeemed it.Act. 22.2 [...]. And when they are once mounted in Seats of Justice they [Page 58]verifie that which Innocentius said of his time;Non curant Prodesse sed gloriantur Praeesse. De utilitat condi­tionis huma­n [...]. their care is not to profit the State: but all their glory is, that they are set in high pl [...]ces. And then they make the suppression and con­susion of Divine and Humane Lawes, Scabella ambitionis, the very Foot-stooles of their Ambition. On these men and their Practises, Nero's Motto may well be set.

A second sort of seditious Persons, are such cove [...]ous A­chans, as shake the Foundations of Piety and Policy, for a wedge of Gold, gain-saying Baalams, who when they can­not curse the People of God as they would, they lay stum­bling blocks before them, to cause them to eat things sa­crificed to Idols, and to commit Fornication. Which words are the very Comment of our Saviors words, upon Baalams practise,Rev. 2.14. and all this breaking of the people, and polluting of Gods Worship, plotted and practised by that factious Baalam, Numb. 22.7. was for there ward of Divinations, as Moses cal­leth it:2 Pet. 2.15. or wayes of unrighteousnesse as the Apostle calleth it, * of this Cut was seditious, treacherous Iudas, who be­trayed the Innocent blood of his Lord and Master, for a poor piece of Thirty-pence. Even so the eyes of such Baa­lamites and Iudasses, whose hearts hunt after reward, may easily be put out: and what will they not do, or undo! Phi­lip never doubled the surprisall of that City, where an Asse might enter laden with Gold. Yea the Spirit of God (as I have formerly noted) telleth us, that where the Heads judge for reward, the Priests teach for hire, and the Prophets Di­vine for money; there shall be nothing but over-whel­ming desolation.Mich. 3.11, 12. These may well be called [...] inexpleble Hogs-head, whose practises only challenge this Motto.

Oportet habere nil refert vnde. Have wee must; but whence, and how, it matters not.

A third Sort that become Seditious, are such Misanthro­picall Athenian Tymon's, whose Bowels will burst, if they cannot vent themselves in Bloody revenge. It is true, there [Page 59]is a lawfull and necessary hatred; and that is, both of Evill and of Evill-men: ye lovers of the Lord have the evil: so the Prophet saith of evil men. Do not I hate them (O Lord) that hate thee? I have h [...]ted them that observe vain Falshoods. Psal. 97.10: Where by the word Hebel translated Lying-Ʋanities, or vain-fals­hoods. He understandeth not onely the vanity of world [...]y things spoken against by Solomon, Psal: 1: 73 but especially I dolatry, or mens vain Inventions in Gods Worship as some Tran­slations have it; and these are often so called in Scripture as,Eccles: 10 because they are light, vain, Deut: 32: 27 1 King: 16.26 Jerem. 8.9: vile the word is sim­med out by the same Prophet, in the fore-quoted 139. Psalm. By the qualification and extent of it, I do hate them with a perfect hatred, or with perfection of hatred; I esteem them as mine Enemies, vers. 22. where by perfection of hatred is meant (as Austine well expounds it)Vitia non homines edisse nec vitia pro­pter homines dilexisse. to hate the Sins, and not the Persons, nor to love the Sins for the Per­sons; yea; the very Heathens could go thus farNaturam er­rantem divi­dere a vitiis. to diffe­rence men from their Vices, and thus not to hate is to sin, and to provoke the breaking out of the Lords wrath. In­stance that saying of the Seer to Ich [...]saphat, wilt thou love them that hate the Lord. Where by consequence, he should have hate them:2 Chro 19: 2. But as this hatred is good, rightly deter­minated by the object. So there is another hatred that is nor good; namely, the hating of the good; and this is va­tineanum odrum▪ that deadly and irreconcilable hatred which is the ground of Faction and Sedition; as this is of the Di­vel, and all other workes of the Flesh; so hence ariseth in the wicked [...] an endlesse Warre with the God­ly. And of all the Factions, or Seditions▪ that ever we read of, where the Gospel was preached. We shall ever find men of this mood, the raisers of them. Was not hating Ish [...]ael, the cause of the Faction in Abrahams house and Esa [...] in Isaacks house, and Iosephs Brethren in Iacob, house; and were not all these Factions from Hellish hatred? and this hatred is without a cause (as our Saviour saith) they have hated me without a cause. Iohn. 15. Yea, it is (as I have said) for the good they see in the godly.Mat. 10.22. Yea, ye shall be hated of all men for my names sake. And from this hatsed ariseth factious persecutions, wherewith they follow the People of God. [Page 60] and wh [...]n they shall pers [...]ente you, &c. vers. 23. And in this they rise up and conspire against God and his Christ,Psal. 2.2 Sicut rex ima­gine honoratur sic. Deus in su­is diligitur aut oditur. Greg. mortal 10. as a King is honoured in his Image: so God is hated or loved in his own. He cannot hate them, who loveth God; nor can he love God that hateth them. As the I vie or Colewort through Antipathy, eatech the hart out of the Vine; and the Oake planted by the Ollive, loseth the growth; So that Serpen­tine hatred of Soules possessed with it, against the good of Religion and State, will not suffer them to rest till they have either secretly eaten our the heart of both: or by open Faction burnt up the Vines, and hewed down the Oakes, yea, and Cedars too, whereby the ruine of the State en­sueth; and this word will serve their humours, aut pereo, aut perim [...].

The 4 Seed of Sedition, is Discord or Contention one ob­ject seem two:Sect. so the christallin humor of reaso misplaced, make a work also of the flesh. As hatred (by Austine) is said to be tras in ocul [...], A beam in the Eye. As the Christalline hu­mour of the Eye, wavering towards any corner, makes the Eye evill against the good that it hateth. As Hammons hate­full Eye was evill against Mordecai, and the P [...]arisees a­gainst Christ. Out of this hatred ariseth contention (as So­lomon saith) Hatred stirreth up strifes,Prov: 10: 12 and strife or conten­tion must be ayded and maintained by Sedition: As the one of these is the originall of the other, so God disclai­meth them both, as the Workes of the Divel. The sower of Discord (saith Solomon) is an Abomination to God,Prov: 6: 19 and God is not a God of confusion, as the vulgar, or rather ac­cording to the word [...] of [...] us stirs. As an Impostuma [...]ed Botch (saith Plutarch) having rooted it self deeply in the flesh; casteth the Body in a Feaver, whose Cr [...]ssis proveth often deadly: Even so Contention seated in auima exulcerata in a Soule, festered with hatred, beget­teth that Pestilantiall Feaver, of Seditiou [...] Faction, which causeth the d [...]slocation of every State where it cei [...]eth. In­stance the ruine of all Common-wealths that ever we read of. Instance the soure Monarchies, this Island; and all out Neighbour Kingdomes; the particulars whereof I passe, be­cause [Page 61]they are so well knowe: to my purpose lee Ʋirgils testimony fustice for all, Egl. 1.

The Common wealth is like the Tythian Stone; of which Plynie speaketh,lib. 2. c. 106 lib.; 6: c: 17. that notwitstanding the greatnesse and weight of it; if it be intire, will swim above the water: but if it be diminished never so little, it sinketh. Even so by Concord-Internall, the Common wealth is upholde [...], though it be pressed down with the weight of much oppo­sition; But if factious Discord beset the heart, like unto that Disease called [...] Palpitation of the heart, which ariseth from foggy and fuliginous vapours, inclu­ded in the Pericardium, or tunicle of the hart; then by agi­tation, it fulleth into a deliquium, or fainting fit, and sinkes right down: and as in this Disease, a Burning Feavor is deadly, if it be not prevented by Phlebotomie; So, except the Liver-vein of contentions Faction be opened, actum est de [...]e [...]b the S [...]s is [...]. As the great winds that bloweth, cannot move the Earth, but the subterranean Vapours in the Bowels thereof, make an Earth-quake, till all reele a­gain; So those ro [...]en vapours stuffed up in the Cavernes of Factions, under the colour of much deceit full calmnesse, break [...] [...]st in an o [...]r tarning Earthquake. But in the enucleation or uncovering of this corrupt Seed of Conten­tion, it is [...] that I re [...]isie, if I can, a wilfull mistake of the worser sort, or at least, resolve the doubt of the bea [...], [...] by a cleere discovery who be these con­ce [...]i [...] [...] and by consequence who be the factions: Both the peaceable and contentious agree in the Thesi or generall, that contentious Persons, are pernicious weeds, and are either to bee kept very low, or to be pluckt up; [Page 62]But in the Hypothesi or particular application, they dis­sent mainly, who are those contentious ones. Men of con­tentious Spirits have nothing rifer in their mouth, then crying out of contention. They have the Synteresis of the matter in their minds; but not the Synedsis in their hearts. Like Iobs Friends, they make good enough Majors, but very evill Minors.

With the men of the World, who are those contentious Persons? but even the men of Peace, Peace-takers, Peace­keepers, yea, and Peace-makers with God and Man; or what would become of the Worldlings, who striving against God, and the Good, as their Nature and Practice is, to put the brand of Contention upon men that love nothing lesse. If they would trouble the waters with the turbulent Jews, who is the contentious man, But the Prophet Jeremy?Jer. 15.29. a man as peaceable, as they were impiously contentious; there the Prophet heavily complaineth, that he was reser­ved to such wicked times, wherein the Offenders do charge the offencelesse. And so may Gods distressed people now justly complain; for Contention is charged upon them e­ven by the contentious, who hate the very first motions of it. The Arminian brood & servers of their own bellies, yea blasphemous Sectaries make the Pulpits and private hou­ses ring, and their Papers fly, with nothing so loud, as the proclaiming of the People of God to he contentious; who sowes discord? (say they) who stirreth up strise▪ who be the Bouseus of Contention? who sets the Peace of the Church and State upon the Rack? who rends and teares the seamlesse Seat of Christ, but the contentious Puritans? such as will not obey the order cap and fora [...], at the name of Jesus, crouch to Altars and the rest. And thus they doe not only faisly accuse Gods guiltlesse people; but some of them abuse the Kings Majesty to his face, with these Sug­gestions. And herein they follow the Dyotrephean Spirit of their Fathers, who are alwayes lashing Gods Ministers and People, whether present, or absent, with the Spirit of Con­tention: yea, it is to be lamented that not only so, but that men of high places, as Judges, Justices, and other great [Page 63]Ones; by the evill example of the Clergy (as they call it) are so frequent in this Charge; for thereby all the Rabble of the Vile are emboldned to revile the people of God with this aspersion.

This is even the old strain of Gods Enemies in former times; amongst many instances, take that Sermon of Dr. Youngs, preached at Pauls Crosse in Queen Maries dayes Anno. 1573: where hee proclaimed with foule mouth fury-outly, the Banished Ministers to be rhe stirrers up of strife in the church; because they could not attaine to Bishoprckes which others enioyedPreface to the Franck­ford troubles. pag 2. with this I might parallel Dr. Bane­krofts Sermon at the Crosse, but of that hereafter.

Now for the better clearing of this Imputation,Sect. and lay­ing of the blame where it should lye; we are to understand there be two kinds of Contention, as I have formerly dis­covered: two sorts of Factions, the one good and necessa­ry, the other evill and dangerous. The former is either good absolutely of it self, or accidentally in regard of the Sequel. The former of these is determined by the Object; namely, for that which is good, by the Person, in regard of generall or particular Call: Considering also Time and Place; and this is not only permitted as lawfull, but also enjoyned, and commanded. The Apostle St. Jude held it needfull to write to all the Churches with all diligence, and to exhort them to contend earnestly for the Faith,Jude 3 where every word hath its own weight. First, for the object, Faith, is meant fides qua, the grace of Faith, whereby we are justified, and the word of Faith, whereby we are brought to believe, and made perfect unto every good work.

For this. and for all other pure Ordinances of Christ, Christians must contend, which is the Action here enjoy­ned. Where the compound [...] to contend as it were for life, is, to renew this Fight to the very last gaspe. And this must be followed against Sathan the World, the Flesh: Sathans Instruments; as Tyrants, Heretikes, Schis­matikes, Hypocrites, in a word, against all the Enemies of Christ, and of his Truth. In which bloody strife, the Saints [Page 64]of God have beene more then Conquerors, overcoming Kings and Kingdoms [...] saith the Apostle, Through Faith they subdued Kingdoms, Heb. 11.33. by the same Agony or strife there, we must enter in at the strarght gate, either removing, or leaping over all impediments.Luke 13.24 Much to this purpose the Apostle enjoynes the Galatians, and in them, all Christians, to stand fast in the liberty, wherin Christ had set them free.Gal. 5.6. In which words, the Apostle implyeth the assaults that the Saints shall endure, if they stand by their co [...]ours, and will not either quit the colours of Christ, or at least quar [...]er them with such colours, as Christians are not allowed.

In the second place, he gives expresse charge to contend for the maintenance of those Colours, by standing to it. Stand fast (saith he) &c.

Another kind of Contention, though not good in it self, yet accidentally proveth often good to the Church and State, namely, by the contention of the wieked amongst themselves; when God setteth the Tsansgressor against the Transgressor he thereby purifieth the Ayre, and giveth his own a breathing time. It may well be said [...] that all thrive the better whēthe wicked are by the ears together. When Theeves reckon True-men come to their owne. The sting of the Scorpion is deadly poyson; yet Woolfes-Bane is more deadly; But some say, that this given in drink, is a good remedy against the o­ther.Ad [...]o ut cum venenum cum veneno lucta­tur, servatur homo, itide [...] discord a pesti­lentium civi­um. As one poyson overcometh another, whereby the life is often saved: even so the Discord of Pestilentiall men, proves often the safety of the Church and State.

Abundance of Examples I could bring, both from Scri­pture and other Writ, as of Abimelech, and the Seehemites, the Sadduces add the Phatisees. But because the thing is so eleere and this is not so much to the purpose, I give it but upon the by, and return to the other which is more perti­nent, namely A Conten [...]ion for that which is good, which is not the Seed of Sedition, but rather the Fortresse of the Truth, and Procurer of Peace. But of that contention which is the Serpentine Mother of a Draconitish Faction; the [Page 65]people of God may say with the Apostle, If any man list that way to be contentious, we have no such custome, nei­ther the Churches of God.1 Cor. 11.16 In a word let the word de­termine who be the contentious, and by consequent, the factious indeed. According to that saying of Origer, (spea­king of the peaceable condition of the godly, how it should be like the Concin Harmony of Musequ [...]) he giveth this note of the truth of it.sitales sierine n [...] in nullo dis­sentium a mandatus. Hom. 26. in Numb. If they be such as dissent not from the Commandements, nor do not crosse by their courses the Evangelical Precepts, then are they farre from contention. But on the other side, they who walk contrary to God & o­bey not his Gospel, and follow the councels of their owne hearts, are by this Rule convinced to be the men of conten­tion, and therefore men of Faction.

For brevities-sake,Sect. I omit the rest of the Particulars of Faction, and will come to the closure, wherewith he varni­sheth all the rest. He cometh upon me with my shallow­nesse and deep ignorance of Law, how soever I seemed to be skilfull. To which I answer, Law is not my profession, and therfore it is not required in that faculty that I should be a Master in Israel, yet I would not be a Stranger in Is­rael; that is, I love not to be ignorant of so much Law as may lead my actions and undertakings: and so should e­very man be according to his ability and employments; from the King that sitteth upon the Throne, to the meanest of his Subjects: the reasons may be taken from the very Etimon of the word, Lex enim maligando, so called from brinding to obedience and how can they love, or obey that which they have not.Nihilaema [...] tum nisi cogni­tum.

A second Reason from the nature of the Law.Lex est regula [...] & mensura actuum agen­dorum vel ammittendo­rum. Thom. prima. The Law (as the School-man saith) is the rule or measure of things to be done, or left undone. Now how can any man high or low, square his actions by that which he knoweth not.

A third Reason is from that common Interest that all have in the Law, as the greatest good that they can lay claime unto.Lex enim po­puli salus su­prema. The Law is the highest pitch of the Peoples safe­ty. And how should they esteeme so highly of it, without [Page 66]some knowledge of it. Yet notwithstanding all this; there is not a like knowledge required of every man, but accor­ding to his Place and A staires. And as for my self, if I were so ignorant: First, why did he passe so cruell a censure up­on me,Cum caecit as sit pars inno­centiae. since Ignorance is some part of Innocency, espe­cially where there is no evill intent. Secondly, why did he not demonstr [...]tively convince me, either of forging Autho­rity, or of misconstruing of the Law. Neither of which, I hope, he was able to do, yea (be it spoken without Arro­gancy) I have not only read the Statutes; but also I can give some account, that I have perused the best Common-Lawyers, and Civilians, and some Canonists, that are ex­tant, and to abuse mine own knowledge, or a State, upon a­ny by end, (which I have not) I account it impious. But to be brief, if Ʋox populi be true, hee was not guilty of much Law. But for his Learning all must give him his due, Egre­gius homo usque ad Dover. Further for his invective spee­ches as they were very violent, and unbeseeming a Judge. So of them I will say no more, but this, according to that experimentall rule of Hypocrates, lib: 5. Ep. [...], the mans tongue cast his water.

Now I come to the last passage of his speech,Sect. containing the sad Castrophae, or shutting up with an heavy and bloody Censure, which made the standers by to shudder (as my re­lator speaketh of himself.) Yet his hope was, it should ne­ver be put in execution, and indeed I hoped no lesse, till the Hierarch [...] made way for the Execution, and the Writ was out. For I conceive that men could not so farre ex ver [...] homines, cast of humanity, as to inflict harder things upon a man and his family, then death it self. But as it was a shud­dering Sentence, so it was as cruelly executed; of which more hereafter. I insisted the longer in this tongue-assault, because it took up a great part of the time. Divers others said somewhat, being drawn to it, rather by the Prelates grandure, than out of any stomack they had to it.

CHAP. V.

SEcretary Cook fell upon the Point of Iure Divino. and citing Lane sius his Agency for the Pope, in the Councel of Trent against that Tenet; he was forced by the truth (as the hearers said) to acquit the defence of Iure Divine. I will passe the rest and come to the declamations, or rather excla­mations of the two Prelates, Dr. Laud and Dr. Neile, from whom, and by whom, the whole hu [...]nesse was driven a­long.

To begin with Dr. Laud; then B. of London, the [...] 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 [Page 68]wrote that Book in the behalf of the late King and Queen of Bohemia: (and without Ostentation be it spoken) it hath found respect from many Nations. It cost me indeed the on-setting, by-charge, paines, and sufferigns. For by the suggestion of the Co [...]d [...]marian and Prelaticall Faction, the Stationers entred my house▪ took away my goods, carryed my wife, and divers of my Family to prison; only my wife fainted by the way, they left my young Children in the channell [...] and all this they did without Warrant or Officer appointed; which manifest wrong, I hope the high Court of Parliament will redresse.

But for his late Majesties indignation against me, it was a meer suggestion: for His Royall Majesty was my onely refuge, in whose presence and sight, I was frequently in the height of my Troubles. He was graciously pleased to peruse the Book, and out of his gracious favour, to give order that neither Prelates, nor others▪ should trouble me any further: And that the equity of my Cause, and the grosnesse of my Wrongs put upon me may the better appeare; the first high Court of Parliament▪ called by our Soveraign Lord King Charles, did promise that I should have a speciall hea­ring, and iust redresse. He taxed me with Ignoran [...]e, and bare pretence of Learning; affirming the Book not to be of my doing for all the rare wits (saith he of the Land for Law and Divinity) have been at the making of it.

If I made the Book (as indeed I did) then hath not his Lord [...]hip Learning enough to keep himself from a contra­diction. It seemes the commendation of the Book was Re­flexive upon himself, that he might seem at least to confute such an universall piece. But it hath stood [...]rme yet against him and all his Archers. I thank my God, who with the little Learning given me [...], hath inabled me to make good what I hold, which he cannot doe; if with Moses he were vers'd in all the Learning of the Egyptians.

The Learning and Place of a B. indeed should rather have used Arguments then Torments, The weapons of our warfare are not carnall (saith the Apostie)2 Cor. 10, 4 But his Armes [Page 69]shewes what house he is come of. The Attorney Generall made once a motion, of sending some learned men to Neu­gate, to me, to dispute the matter; whereof I was very glad. But all the Arguments that I see to this day (as I said upon the Scaftold) were Prison, Fire, Brands, Knife, and Whip, which as a [...]l know are unanswerable Arguments. From these Velitations, he came to the main Shock of the Businesse; namely, the defence of his Place and Calling, which he said I had wronged egregiously. And instanced first in that Assertion, that it was the Grand and Master-sinne, for which God had a Cont-eversie with Us, because e­stablished by a Law▪ Wherein he offered a Challenge to all men, that when they could produce any Law made for the establishing of the BBs, Places, hee would undertake to prove, that there were BBs. before that Law. If his heat had not transported him, hee might have seen that both those might be true; BBs. in his sence might be before that Law: yet being established in any measure by a Law, they be­came more dangerous; as may bee instanced from the Popes Supremacy, acknowledged by such as did admire the Beast, that being established by a Law, it became out of measure dangerous.

But by this Challenge (if I conceive not) hee would wave, if not disclaime this Tenure of Humane Right too weak a Foundation for the Hierarchie, nam debile funda­mentum fallit opus, for a weake Foundation deceives the Structure. But this shift discovers (compared with the un­deniable evidence of those of his own house, the Lawes of the Land and the Kings Prerogative) how good a Subject he is; and going on, he saves me from mistake in affirming from Antiquity, that Iames was B. of Ierusalem, and Peter B. of Anticch, a little more help would have made him say of Rome, but both a like true; And this may serve also to answer his alleadging of the Fathers, as Athanasiu [...], A [...]sti [...], Ambrose, &c. who though they were mens BBs. as Re [...] calls them, yet they were not of his Babilonish Cut. The dis­proofe of this Assertion is as needlesse, as it self is ground­lesse, [Page 70]yea the sencelesnesse of it will hence appear, that that retrograde or Crab-like course from Apostle-ship to Epis­copacy, could not suit with that highest function Apostili­call. So that he brings them ab equis ad asi [...]os as if he would bring the Lord Major to be Constable. But suppose it had been so, it would have made as little for him, as the Popes plead for Peters being▪ B. of Rome, since their Hierarchy is no like Peter, then an unhappy Monkey is like a Man. But the Prelate being in solio, not content with this, hee windes up the bottome of his Hierarchy, and its Government to an higher Pin, debasing the Ministers and Government of Christ most opprobriously I set down his own words, un­till the time (saith he) of Luther, Calvin and Beza, the world heard not of any other Government of the Church, but by BBs. and although Caelvin and Beza did abjure BBs, and their Government, yet hee found them to be more proud and imperious in their Government, then any BBs. in Eng­land. For witnesse of which particular, let the Prelates over­topping of Kings, and States, and manifest Treasons against both: and the true and hearty submission of the aforesaid Ministers, be speaking witnesses. And fol [...]owing the Charge, he affirmed that I and my fellow-Schismaticks, would ob­trude upon the Church a new Government, affirming that only, to be lawfull, and the other Antichristian. By draw­ing up his forces in forme of Argument, he offered to prove that the Government by Elders and Deacons and the Disci­pline we call for, was more truly Antichristian, then theirs. And for the enforcing whereof (though he had none to hold his cloake) yet hee makes shift to bring up this Argu­ment.

That Government, which neither Christ, nor his Apo­stles taught, nor was ever received in the Church for almost fifteen hundred years after, that must needs be Antichri­stian:

But the Government and Discipline called for by Elders and Deacons, &c. was neither taught by Christ, nor his A­postles, nor ever received into the Church for so long time.

Ergo, It is Antichristian.

Who could but blush to hear; much more to assert such palpable untruths. We desire no better Judge, or Arbiter, than the major Propositian; and for the minor, when he, or any of his can prove it, for mine own part, I will bring both my Book and my Sufferings, and lay them down at his feet. But I may say to him, as the Welch-man said in fight, Cud her not seo her Buckler. If height and heat would have let him see the truth of that Book, which he was reviling, it would have shewed him the mouth of the Minor turned directly against him, by way of retorsion; proving pregnantly in di­vers places, the Hierarchy and their Government▪ to be An­tichristian; and the Officers and Government which hee maligneth, to be the true Ordinance of God: For proofe of this, be pleased to peruse the * Book, especially,Syons Plea. the proofes of the first and second Poition, and divers other places; as from Page 110 to 114. Page 87, 149, 194 to 201. and other places of the Book, any that will may find enough for that which he speaketh against, and also against that which hee pleadeth for. I will quote but one place for all concerning the originall of Prelacy; for I feare the bulk of this work shall of necessity be bigger then I would have it. And if Syo [...]s Plea were not mine own, I would humbly intreat the honourable Senate, that where it hath been thrice printed, they would cause it once more to come forth under Pub­lique Authority, for the satisfaction of many that hath it not. To the place then that BBs. of his mould are not of God: and then by his own proposition they are of An [...]ichrist, * appeareth by the testimony of A. B.Page 25. Bal. script. Brit. centur. 1.37. Cent. 6.7. col. 591. of more Learning and equanimity than himself. Sed cujus testimonie nullun [...] gravius, But no mans evidence of better weight, from the year 507 (saith he) the Church began to be ruled by BBs. which Go­vernment was especially devised & invented by the Monks which indeed is true; for untill this Age (every particular Church was governed by the BBs. Elders, and: Deacons of the same. Witnesse the Authors of the Cent. Mag. and though [Page 72]some before this were titular BBs. yet their superiority the Church would not bear. Witnesse, our English Synode,Synod. Har­f [...]rd. Anno 674. For further proofe, I could add a Jury of BBs. and other the learnedest of the Land, but I cannot insist. Look the 8 page of the aforesaid Book; many wondered that they answered not the Book, and therefore took it for granted they could not.

As they have had divers Treatises which they never an­swered; so that thrice honourable Patron of Christ his Cause, the Lord Brooke, hath published a Master-Piece, which hath musled all theit mouths. Dr. Hall objecteth a­gainst Petitions and Treatises, that still they had the Matter out of Zions Plea, but what in Zions Plea have they refu­ted?

Another passage of the Prelate was, concerning their Intrusion upon Civill Iurisdiction, and Lordly Dominion over the Ministry. Against both which, the word of the Evange­lists are cited,Mat. 20.25. Luke 22.25. Be not ye called gracious Lords; the Prelate was pusled with the words; and seeing that he was beaten out of that coyned distinction of the Jesuits from the sim­ple and compound Verb [...] and [...], he betook himself to quarrelling with the translation. It is true (said he) that it is so Englished, but it is not truly translated. For tryall whereof, if we consider the word, according to the strictnesse of Etimology [...] signifieth Benefactor. By which name few or none have cause to call them. But the meaning of the Spirit there, is by the word to set forth the outward Pompe, Splendor, and Bounty, that accompany the Government and Deportment of Princes: And therefore the Latine translateth it Benefici. The French indeed hath in the Text, Bien facteurs, but the Marginall Note explaines the meaning very fitly, by the word Mag [...]fiquis, [...] (as Lawyers and Humanists observe) is some Externall Art of glorious bounty, such as cometh from Princes, or Princely dispositions: The ground of this acceptation, I conceive to be from a word in the first Language of the same signi­fication. [Page 65]The Prophet David defireth the Lord to give him a free Spirit,Psal. 51.1 [...] ▪ but the Word in the Originall signifieth a Princely and Royall Spirit. A well framed Spirit. [...] the French Bien fais in the Margine. By this it appea­reth, that the Prelate brings either his dissimulation upon the Stage in impeaching that which he knowes to be a true and fit translation. or otherwise, he discovereth his Igno­rance in Scripture-phrase, and the Originals. All this while this man of Tongue▪ spake what hee would without con­trolment, and made up his conclusion with concurring to that heavy & bitter Censure, which was hatch'd & brought out (as his Servants, and others could tell) before my cause came to tryall: But to his conclusion, he added an Apology for his Presence and Assistance in this great Service, where he confessed, that by the Canon-Law no Ecclesiasticall per­son ought to be present, or assist in such a Judicature, where there is losse of life, or member: But (said he) to take a­way the Ear is not losse of hearing, and so no member lost; neither is the slitting of the Nose losse of smelling, and so no member lost. So for burning the Face, or whipping no losse of Life or Member; And therefore he concluded, he might assent to the Censure.

I have set down his own words, as they were related un­to me; and by this Paliatory distinction I appeale unto a­ny Scholler, whether, or no he hath dismembred Logicke, Law, Divinity, and Anatomy; knoweth he not, that the form gives the being! Now mangle an Fare, or an Nose, and it wanteth the forme; and so it is not in propriety of speech an Ear, or a Nose; Again, an Organ may lose the function, and yet remain an Organ: so an Organ may be mangled, and yet some part of the function remain. Secondly, for Lawes Divine, Humane, as Civil-Law, Canon-Law, the Lawes of England, Statute, and Common: Counsels, the whole Current of the Learned, Antient, and Modern, concur with one voyce, to the secluding of them from all Civill Judica­ure: what place then is there at all for the Prelates daw­bing and illogical distinction. For proofe of all this Cloud [Page 74]of Witnesses, I intreat the Reader, for brevities sake, to have recourse unto Zions Plea, from page 129. to page 135. out of which I hope he shall have abundant of satisfaction. By the Lawes of England no Clergy-man shall beare any Rule, or exercise any Jurisdiction, nisi in spirit [...]libus (faith Br [...]cton)lib. 1. fol. 5. numb. 2. the second Lawyer that wrote in England, who lived in the time of Henry the 3. when Popery was in its Ruffe.

Another antienter then he, and first that ever wrote, bears witnesse to the same truth; namely, Judge Glanvil in the time of Henry the second,lib. 4. fol. 32 [...].6. That they should not med­dle with any matter of Civil Right, though it seemed colla­terally to belong unto them. The State of Ʋenice (though Popish) maintain their Right in this particular against the Pope, and all his Clergy, whom they would not suffer to meddle with any secular affaires: though the Pope inter­dicted them shut up their Churches, and was preparing to come in Armes against them; but they stood their ground. Whereby it appeareth that the seducing the Prelates from all Civil Judicature, is no new thing; but a thing as all the Lawes that we can name, and practise hath been answera­ble; yea▪ the Pope himself by word and practise hath ap­proved of it and so doth Bellarmine. de Pontif. Rom. lib. 5. c. 10. [...] word or two of the Canon-Law which the Doctor-mentioneth, which inhibits (as the Learned observeth) [...] secu [...]ar cares. And was not this a shrewd see [...]r Businesse, and to give judgment on a d [...]ing man more bitter then death. The Ca­non-Law (with which all other Lawes concur in that par­ticular) forbiddeth that any Clergie-men should sit on Blo [...], or be present where any such Censures be given. If Be [...]armine in the place fore-quoted, will not have them to be Arbitros facult atum, Iudges in matters of Civil right; much lesse will he allow them in case of Blood.

And lastly, he acted the very Quack in Anatomy; his dis­sertion indeed was very deep, sed potius lanlena qua [...] anato­mia, but rather Butcherie then Anatomie. God made the Ear and not a mangled sti [...]mp of an Eare, for hearing; the table [Page 75]of the Ear reverberates the Ayre, being the medium between the Mallet and the Anvill, but my table was cut cleer away, and so was it done to other [...], whereby our hearing is much hurt: and thence it is, that in punishing rognes they touch not the table. But something must have been said, though better nothing at all,Nam mala causa null is medetur reme­diis. An ill Cause can never be cured.

CHAP. VI.

I Goe on now to another, and he shall be all that I will in­sist on; namely, Dr. Neale, then Prelate of Winchester. To follow a wise man, is almost to be wise, He laid about him extreamly (as my Relator tells) with this Preface pro­testing, that although he had lived sixty and odd years; and had observed passages of State these fifty years.

He might be a pretry States-man of 12 or 14 yeares of Age: But to the point, he said, he had never heard, nor seen all that time such a vile Book, preferring it to Baalams Asse, Martin Mar-Prelate, Ʋdals Book, and all the rest; and wondered, that such a Traytor, as I, was suffered to live And for his Calling, he protested he had it from the Holy Ghost, and if he could not make it good, he would fling his Rochet and all the rest from his back, yea that would he. With that he marshalled up against me, many Latine Sentences which I take (under favour) Nam, de mortuis &c. he had learned since he came to be Prelate of Duresme; for being there in the Common-School, and checking the School-Master for his severity, instancing the prejudice that came to chil­dren thereby, from his own experience, when he was a Scholler of Westminster School, he said (in the hearing of a reverend man yet alive, besides others, there present) that the said School-Master was never off his breech, by which he became so very a Dunce, that untill that hour he could never make a right Latine Theam. After he had given me many blowes and vented his choller, he came into a better [Page 68]mood; namely; of praying for me, that if I were not as Symon Magus, he prayed God to forgive me; with that a Lawyer not able to forbear laughing asked another that stood by, if ever he heard before, that it was a sinne against the Holy Ghost to write against the B B [...]. Thus I hope I have not wronged any of them in relating of their speeches, for a right honest and judicious man took them; and as he sent me them, so have I delivered them. As for the Lords and o­thers, I have little or nothing to say; for surely it may be thought, that the most of them were rather passive, than active, in so black a doome. The Commemoration whereof by way of Petition, to the honourable House of Parliament, one that was at the Censure, being now a Member of the house watered his cheeks with tears. I heard that the L. Ʋ Ʋ [...]nt­worth (afterwards Earl of Strafford) used many violent and virulent expressions against me: but it was no wonder for he and his ghostly Father the Prelate, were upon the way of a more dangerous conjunction; the ill effects whereof, the three Kingdomes have felt, and when they shall have an end the Lord only knoweth. A man of eminent quality told me, that the Book and my Sufferings did occasion their combination: for the Prelate seeing, that the Book strucke at the root and branch of the Hierarchy, and Strafford percei­ved that the support and defence of the Hierarchy would make him Great; they struck a League like Sun and Moon, to govern Day and Night, Religion and State. And if others should be terrified by my dreadfull [...]sufferings; then they might trample on their Estates, their Necks, Bodies, and Soules, and make them the most Artificiall slaves, under the Sun (which are worse then naturall slaves) but if any should stand up for the truth, they meant so exquisitly to torture them (as they did indeed) that all that feared the Lord) (though to their great woe and griefe) should quit the Land, and give all for lost: and this they had brought to an high pitch; but blessed be the Lord of Hosts, who hath cut their cords, and delivered poor soules from the snare of the Hunter.

CHAP. VII.

NOw to come to that Radamanthean Censure (the ter­rour whereof made my friend that write (as he said) to shudder; but he hoped it should never be executed, and so did many more. A Knight moving one of the Lords, with the fearfulnesse of it; and how it opened a gappe to the Prelates, to inflict such disgracefull Tortures upon men of quality; the Lord repsyed, that it was but in terrorem, and that he would not have any think that the Censure should ever be executed. But as the Prelate desired that Honoura­ble Court to put the highest Censure that could be put: So his thirst could not be quenched, untill his hand was as deep in shedding of Blood, as his tongue and heart were in censuring. I cannot tell whether I may say of him as it was said of Tyberi [...]; who though he loved wine, yet in respect of his thirst of Bloud he was said to loath it, fastidit vinum quia jam sitit ist [...] [...]ru [...]r [...]m.

My weak distressed wife was sent for, by Iames the Jay­lor of Newgate, and a Tipstaste, to be at the Tryall, who carryed with her a Certificate under four Physitians hands of my extream weaknesse, and sicknesse unto death, in the Eye of Man: to the same purpose an Attorney made affi­davit into the Court, to whom my wife delivered a Peti­tion to supersede the hearing, but having no good answer, she went away, and hastned homeward in regard of my weaknesse; but they called her back by a Tipstaffe, that the dreadfulnesse of the Censure as it seemes) might over­whelm her spirit: but the God of our strength upheld her marvellously, that she was not so much as danted, but spake freely in the Court, yet with modesty enough. The Censure was, to [...]ut my [...]ares, to s [...]it my nose, to brand me in the face, to whip me at a p [...]st, to stand on the Pillory, ten thousand pounds fin [...], and perpetuall imprisonment; and all these upon a dying man, by appearance.

The Censure thus past, the Prelate off with his Cap, and holding up his hands, gave thanks to God, who had given him the victory over his Enemies.

There is no glory in that victory that wants the glorious fight of faith. But this was a fight against the faith, for the said censure was against all Law, Equitie and Humanity, as I could make it appear from these grounds following first from the matter of my Accusation. Secondly. from their maner of proceeding. Thirdly, from the Nature of the censure. Fourthly from the Party censured. For the first; namly the Booke; Is any of the Positions false? have I not punctually proved them; are any of them disproved; have I in any pass­age of use or explanation broken any Law of God or man? have I Wronged any man; and where there is noe law bro­ken there is no trangression? for sin is the transgression, of the Law. As I have said in Effect it is a received Maxime in all LawesJudicium debet precedere deliberatio & causa cognitio idque secun­dum legem. that mature del [...]heration and triall of the Cause and that according to Law should precede Indgment. As the great judg of Heaven and Earth unaccountable to any, leadeth on his deputyes to this by his owne practise and precept. The second ground of di [...]proving of the proceedings is from the [...]aner of it, which was illegall as the matter it selfe; good things should be well done, or else they lose the grace; an evill thinge ill done is a double evill; God loves the well doing of an action better then the good action it selfe, because the former is from an internall Principle re­sembling God himself: The latter is from an external Prin­ciple and is dead without the other. Justice unjustly done, i [...] injustice, and injustice with unjust Proceedings is Inju­sticia arm [...]ta, Armed injustice, as Plato and others call Judg­ment and Justice, Ʋirginem in corruptant. De lege 120.

So in jupging any matter, there should be an uncorrupt proceeding.

4 Things spoile the form of proceeding in judgment;Sect. namely Prejudgment better speeches of the Party, Racking or torturing [Page 79]of the Matter, and condemning without hearing. Of every of which, but a word: All these did concurre, though it may be not in all, to the choaking of the Divine Rod of Ju­stice.

For the first; namely, Prejudgment which makes the Judgment rather wrath, then judgment, the indignation wherewith the Prelates were filled, doth prove it ful [...]y.

The second thing that made the proceeding unformall. in mouthing of which, I. R. first ran foule, whom the Prelats followed; so that the house did resound [...], as Suydas hath it, with many coatumelious and reviling Threat­nings. To these I have replyed something in my Answer to the Judges particulars; and though such a course damni­fieth exceedingly the accused, and indignifieth the Judge; yet passe.

The third Deformity in proceeding is to wrest words, be­yond either the Letter, or intent of the Speaker, or Writer. This (as the Apostle speaketh) is to take things in the wor­ser part, and not to find a party guilty by the Law, and so to censure him; but to put, or inforce guilt upon him that they may censure him.

The fourth and last point, but not the least, wherein the forme of proceeding failed, was the condemning and censu­ring of me without hearing; a course indeed against Nature, against all Lawes Divine, and Humane, Civill, Common and Canon-Laws, against the Law of Nations, against the practice of God himself as I have shewed, against the practice of Christ, and the priviledge of all men.

Our Saviour Christ, the Judge of Quick and Dead, whose practice every Judge should follow, keepes this order of judging, as he testifieth of himself. I can do nothing of my self (saith he) as I hear, I judge, and my Judgment is just; because I seek not mine own will, but the will of the Father, who hath sent me. John 5.30. He that neglecte [...]h this, crosseth that common truth of that [...]. Do not give judg­ment before thou hearest both parties, Plato in Demon. Alexander ever refer­red one eare to the party no [...] heard. What should demon­strate [Page 72]the light but against all those reasons and proofes; they dealt with me worse then with a Traytor, condemning me without sight of Judge or Accuser; & that not through my default for I desired as heartily to make my appearance as to live; but the danger of my sicknesse could not admit the removing of me from my bed. That current Maxime in all Laws was my sufficient excuse, necessitas inducit privi­legium necessity carryeth a priviledge in it selfe; especially it it be necessit as actus Dei, a necessity of the A [...]t of God, such as mine was, and could not be avoyded. Upon this; humble Petition was made to the Court, that they would supersede either untill God had made an end, or that upon recovery, I might as well be heard▪ as judged. which could be no prejudice to the State, no damage to the Cause no way: yea, I desired nothing, but that to which they were tyed both in Law and Conscience, according to that of Magna Charta. nulli negabimus, rectum vel judicium, we shall deny Right, or Justice to no man. If it be objected, that the Matter in Controversie was confessed. I answer, it is true, but with cum confessione facts, I there was to prove defensi [...] non [...] Iuris, a defence by Law, that the actions, fact, or words, do not condemn, but the Anomie or Evill of Actions: o­therwise, the Jewes had a good plea in condemning Christ for his good Actions: But, say the Act confessed, had been evil; yet it excuseth not condemning, without hearing, as I have proved at large, except it be the delinquents fault. Yea, I may confidently affirme, that Judges condemning a Delinquent without hearing, doe often become the greater Delinquents, both in regard of the Person and of the Act: The more conspicuous the person is the greater is the ble­mish; and a corrupt Act in Justice is farre worse then an exemplary evill in the Judges life. Because the former cor­rupteth the Publique Founrain; the other but a Draw-well in a mans own ground. If it be further objected, that my answer was read in the Court. To this I reply, that was besides my intention, because it was but an abridgment of that which I could and would have said in defence of my [Page 81]Cause. Secondly, though the Answer being presented to the then Lord Keeper, was acknowledged by him to be as suf­ficient as ever any Answer that was put into the Starre-Chamber. Yet all reason required, that I should have had personall audience: First, that I might answer to that which might be further objected: and further, since they gave me order for putting in my own Answer, because Councell durst not plead, and the Law did allot me twice as much time for my Defence, as the At [...]orney should take to ac­cuse, though he was to speak last, the very Law of Nature and Reason did plead the necessity of my Personall pre­sence.

I will shut up this Point with that testimony of Nicode­mus. Doth our Law condemn a man before he be heard.

The third ground of my Exception against their Proceed­ing is from the Nature of the Censure, being the Highest (as I. R. said) the Court could Put. it was high indeede and with great rigour; but as undeserued as ever any Censure was put since it was a Court all circumstances considered. Fuit gravis et in audita Censura, a heavie & unh [...]ard of Censure. Polititians, and Lawyers, in their d [...]scoveries of C [...]nsures con­cur all in this, that Magistrates should be very wary in Cen­suring, especially to Bodily punishment, to looke to their grounds, the matter, the manner, the preparation of the pun­ishment, and how they should be effected, when they are forced to punish.

The 4 and last ground whence their proceedings is dis­proved, is from the person Censured, whose degrees (to let other things passe) did exempt him from any such punish­ment, besides inbred genoorsity, a master in arts, I commen­ced also Docter; for my capabillity in these degrees, I have the seales of two Ʋniversities St. Andrews, and L [...]yden, with more then Ordinary aprobation as may appear, Imitatu jan [...] existimen omnes. Paenas impons ad hibita ratione qualitatum earum, I hold it worthy the observing, that in the imposi­tion of punishment; there must be a consideration had of the Perso [...] and qualities thereof, * knighthood cannot [Page 82]suffer any ignominious punishment,lib. aut facta, &c. no more can a DocterDoctoratus privilegia, &c. the priveledges of Doctor all degrees, are the very same by Assignment of Law, that belong to Equestrall dignity. With prejudgment, rather then Iudgment they set on the highest censure that ever was given upon the greatest Malefactor: not once making knowne what Law I had broken, or what crime I was guilty off. Also thus Censured▪ I lay under the hand of God and under their Censure at mine owne owne house. Whence the under Iaylor of Newgate would needs carry me in my sick-bed; but that my friends entred in ten thowsand pound bond for mee. Notwithstanding the said Iaylor all the time of my sicknesse, plaid the Lord-dane over my house challenging it to be his, and set theevish fel­lowes over me upon my charges, besides the monies he had of me and of my friends; at length before full recovery he carried me to the fleet, where upon promise of liberty to retire unto my owne house for my health, my friends entred ten thousand pound bond for me; but fayling of that liberty▪ I took in my bond: So, thus in much weaknesse of body, I remained during the time of the Plague, by which the Tearm was adjourned, and the Execution of the Cen­sure deferred. But the Plague ceasing they began to sit, I was carryed before the Hi [...]rarchy at Lambeth, where I spake in defence of the Truth as it was given me of GOD, and that to this effect as far as I can remember.

First, I disclaimed their [...]udicature, giving them Reasons for it and that it was not out of contempt of their Persons, is dis-esteeme of their Guifts; but because (as I had clee­ [...]ed in my Book,) they were not of God, and so had no po­wer given: so they did intrude upon the Estate, Body and Bloud of me▪ and other Subjects, contrary to the Lawes of God and the Kings Majesty, as the Book sheweth at large. And if they could bring one title for their Calling and a­foresaid Practice, either from the Law of God, or Law of the Land, I should lay down the Buckler, one replyed that I was not brought before them, tanquau [...] sub judice alieujus fac [...]i, but that they might degrade me; for [...]rwife the [Page 83]censure could not be executed. I replyed in effect, that it was a rotten Antichristian course: for if a Minister trans­gresse, shall he not be subject to the power of the Law [...] imo qua, Minister as well as any other.

Secondly, they had no power to degrade, because they could give no d [...]gree of Ministr [...]e.

Thirdly, and lastly, I told them I had no Degrees from them, and if I had, I would disclaime them. But sure I am. that my Degrees, by the Law of Nations, should have exem­pted me from such a cruell, and reproachfull Censure: but since it is so, with Moses I esteem the reproaches of Christ greater riches then the treasures of Egypt. Further, I offered there (as formerly in other place) to maintain my Book against all Gain-sayers; but none opposed it. As I was thus speaking, one told me, that the King had passed by Treason in me and had changed the Penalty into this cen­sure. To whom I replyed (as I remember) that no honest Subject had a face to charge me with Treason; for my heart (was conscious to its own Loyalty; and that my In­nocency in that might appear, I offered before all the Peo­ple, that if that man that sate before me meaning Dr. Land) who had his hand in my bloud, would move his Majesty to passe that Censure and to give me my tryall at the Com­mon-Law, if I should be found guilty of the breach of his Majesties Lawes, I should desire no favour, but humbly thank his Majesty for so faire and legall a Tryall. Other things passed, which I omit; only in the closure, when they bid take me away. I told them, I had one message to them; namely, if my bloud were shed, the Lord would require it of them. And I did summon some of them, ere long, to ap­pear before that great Tribunal of God, to give an account for it, and so some have made their appearance. From Lam­beth I was brought back to the Fleet, where I remained some sive dayes, expecting the execution of that dreadfull Censure; yet to Gods glory be it spoken (the Spirit bea­ring me record) without the least touch of any dauting ter­rour, but with m [...]h comfort and courage the Lord [...]a [...]ryed [Page 84]me on in humiliation and prayer, the People of God assist­ing me, all this time betwixt recourses to God. As former­ly for my abode in the Fleet, as occasion was given, I did traverse with so me learned and judicious, the lawfulnesse of escape; yet ever with an upright indifferency to submit to the Will of God, and motion of his Spirit: and I speak the truth, and lye not, that all the learned and judicious that ever conversed with me, concluded absolutely the lawful­nesse of my escape, being well qualified, only the expedien­cie, or inexpediencie in me, they left to the particular in­stinct of the Spirit which was, it shall appear, by the unani­mous consent of the Learned, carryeth the main sway in this Case [...]f or my judgment not without sedulous scan­ning, and mature deliberation, it was fully possessed of the lawfulnesse of the thing; only my Assertion stood in rela­t [...]on to the thing, as God should offer or deny the meanes: at length God did not only present the meanes, but also o­pened the mouth of one of the Instruments, to tell me in plain tearms, that if I answered not the Opportunity, it was a tempting of God, and to my bloud-shed I should bee ac­cessary; which thing, as I had formerly pondered, so it pre­sently gave me to lay hold on the occasion; and as the good hand of God made the way cleer for me, and so I went out of Prison; the lawfunesse of which Act being a piece of Christian liberty I have proved in a Treatise by it self, from good grounds, good ends lawfull meanes, and due Qualifi­cations. I have satisfied all that come to me and some with tears have beg [...]d pardon for censuring of me. The Antients have set forth whole Treatises for the lawfulnesse of flight, as Athans Ambros Seneca, Aquinas. But I hope few or none will doubt of it, a main motive to me, was the diverting Blood from the Land: but nothing could serve the Prelate but Blood: and so with Ʋriah I was brought to the stake, he had his desire. The aforesaid Censure was executed in e­very particular in a most cruell manner, and measure: the Executioner was made drink in the Fleet the night before, and also was hardened the very same day with strong wa­ter [Page 85]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 [Page 86]take away my life, yea even then, when I lay very weake under the hand of God; All those passages, and many more, concerning the company, place, and cruell usage, were pro­ved sufficiently to the honourable Committee: And for the further evidence, Warden Ingram told the Counsell (as hee said that it was not a place to put any man in, that was fit to converse with an honest man. A Member of the honou­rable house laying my deplorable case much to heart (as they all did) said that he had rather have suffered all my former inflictions, and have lost his right hand too, (which he would not for a Kingdome) than have undergone those Common-Iayle sufferings, which were a sn [...]re unto my very soule, and I confesse it was the very finger of God that up­held me; there I was shut up close, twenty and two months, notwithstanding the Kings command again, and again, to replace me in my former Chamber. I have a Treatise by it self of this inhumane practise to be published; the reading whereof, I am perswaded will make the Bowels to earne. At length, in great weaknesse, with much adoe, under Ten thousand pound Bay, I recovered my Prison-pallace (I may say) having been there a while, and gotten some recovery, it pleased the Lord, to move his Majesty, to call this present Parliament, who was graciously pleased to call for my Pe­tition, as the first work; which when I came abroad to pre­sent, I could neither goe, hear, nor see, though my Petition was larger, then I thought the House would admit: yet out of sence of my distresse, it was twice read, and my cause much regrated with tears of compassion: the Petition it self, I have here inserted.

But notwithstanding of my inability, the House could not prevaile by intreaty with Warden I [...]grano, to let mee take a Lodging at Ʋ Ʋestminster, though he had ten thou­sand pound Bayle for mee, as good as London afforded: through which deniall, I was almost killed with a Coach, being on horseback, towards the Fleet in the dark, I recei­ved a dangerous wound in the fore-part of my Leg; by the neglect whereof in following my Cause, my life was in­dangered, and so I lay by it ten Weekes not able to stirre abroad.

But before I took my Bed, my wrongs were recognized and adjudged, my Cause cleered and justified, and that by as noble, judicious, just, and impartiall a Committee, as any State could afford. The Inquiry was exact the Exami­nation punctuall, the Censure just, the Report intirely faithfull, the Order of the Honourable House answerable to the Premises, and the Transmission to the Lords very just and equall.

Lastly they caused the Warden of the Fleet (with much adoe) to deliver up my Bayle: So that after twelve yeares hard imprisonment, I was delivered out of the Pit. wherein there was no water; for all which, I humbly thank the great God of Heaven, and do acknowledg my du­tifull obleigement to the Honourable, and High Court of Parliament; expecting Execution, which is the Life of Judgment.