or when it is observed that these writings exactly square with that constant Loyalty he retained expressed in the worst of times from the first moment of his Majesties Reign and never stained with the least of action affirmation or compliance when almost all men made defection Yea this man is so well known to us that we dare affirm and will be bound to produce good demonstration thereof whenever he be brought out of his present bonds he retaineth to this very moment the same Loyal Spirit and Resolution although the wisest of Kings hath in his experiences made this observation oppression will make a wise man mad We have read all those writings which bear Mr. Croftons Name with as strict and acurate Observation as we are capable of and we grant that in some of them we sometimes meet with a Political Argumentation which we could not but judge somewhat excentrical and out of his sphear as a Divine did we not consider all Arts and Sciences are hand-maids to Divinity and not only useful but necessary unto a Casuist who must weigh circumstances before he can give a right clear and convincing Judgement to satisfie the Conscience and we find this man to urge the same Casuistically and in answer to the Objection of those against whom he doth dispute we hope it is not more out of Mr. Croftons way to Answer then out of his Antagonists way to Argue from Principles in Politiques or the political constitution of the Kingdom If his fault be that he stept out of his place we only pray it may be observed he was drawn out by the pursuit of his Adversary and martial Law will allow the man to pursue beyond his bounds provided he retreat in time who may be justly punished if he leave his place to assault the enemy and yet The matter of Mr. Croftons Political Arguments hath been proposed to the Consideration of the Learned in the Law and they see not any Crime or Capital Offence to be in them any of them or all of them put together much less can they charge it to be Treason the which the prohibition doth only punish with a Premunire since the 24th of June 1661. Our ears have been alarumd with the loud clamours of Mr. Croftons Treason every scurrilous Pamphleter can better Proclaim then prove him a Traytor Every simple Calculator of the Almanack Observations can more easily calender his commitment for High Treason then give the least convincing evidence of his guilt We have bestowed our mony upon these Pamplets which insult over him in this day of his Affliction and confess we find in them big words preterea nihil venting themselves with the highest malice and greatest rage the event as yet excepted that ever was expressed against a man so innocent since the stoning of Stephen Insomuch that we cannot but suspect it to spring from the same root and to be an effect of the same Cause the rather because when we would know the particular matter of his Treason we find his violent accusers are not agreed among themselves all indeed place it in words for which the learned say there is no warrant unless in some special opinions relating to the Pope determined by some special statutes but they are divided as to words Some tell us his Treason is for saying the Parliament had a Legislation without the King but this is only punishable by a Premunire since the Law was made which maketh it criminal Lestrange fixeth his Treason in these words The Lords and Commons were a lawful Authority yet we find no Law which hath determined a crime in this position much less a Treason we find Mr. Croftons Assertion thereof to be very cautious and so well grounded that we can scarcely yet believe the same will be Judged an errour by any sober serious English-man being verified by the dayly practice and usage of Paâ—liament for our parts we must confess we dare not deny the Solemn League and Covenant to have been burned by a lawful Authority and yet we do not know any Act of Parliament with a full formall assent of the Kings Majesty which did direct the same And we fear if we should yet presume to disobey any Resolve Vote or Order of one or both Houses of Parliament or condemne and resist the execution thereof by any other this plea such Vote or Order was defective as to lawful Avthority not coming in the formality of an Act of Parliament and a full Law with a Le Roy Le ve ult would not acquit us from the contempt of the Authority of Parliament And yet we cannot but observe Mr. Croftons Assertions concerning the Authority of Parliament to be no more then this that it was lawful and sufficient not full and compleat without the expresse Royal Assent and that also under these two express qualifications a Parliament rightly constituted and during their Session he never Judged any self-constituted assembly or convention pack'd by a usurping Tyrant to be a Parliament nor any Vote Resolve or order of Parliament to have in it any thing of the nature of Law or Authority save to desend what was executed by virtue thereof the Parliament sitting when the Parliament is Dissolved his words are these A Parliament duly Summoned regularly elected and returned rightly constituted and readily embraced by King and Kingdom can any true Englishman in any measure acquainted with the constitution of this Kingdome or the Authority of the High Court of Parliament deny these to be a Just and Lawful Authority to resolve order and enjoyn yea and to execute their resolues orders and injunctions during the being of their Power though not to establish Laws to be executed when they are dissolved and gone And in every of his Books we find him often deny the two Houses to be full and compleat though he affirm them a lawful and sufficient Authority Sure Mr. Lestrange will not deny Lawful Authority to be a Subject capable of majus and minus and such as may admit of degrees if Mr. Crofton be in this point in an error let any man by good demonstration correct him we will undertake he shall not by obstinacy appear an Heretique in Politiques but if his confutation must be only rage and violence we desire Mr. Lestrange will let us know that English Law which hath determined Treason for any man to think say or write the Lords and Commons assembled in Parliament are a Lawful Authority and then we may be convinced Mr. Crofton suffereth as an evil doer but till then we must let him know railing is no reason not doth it become a man Mr. Tomkins who at length appeareth to rescue the Oxford Reasons from the force of Mr. Croftons Arguments doth leave the Learned Authors thereof under their observed defects in Logick History Politiques and Divinity and as one whose pinched reason breaketh into passion in heat of anger provoketh a more severe and bloody moderation then his Antagonist
determined for the Duke yet continued the Crown to the King during his life on condition of good behaviour towards the Duke and in either case the Duke or his heir to possess it 3. The several Successors in the strife between York and Lancaster submitted the success of their Sword to the censure of Parliament as their onely security to the Crown the Acts of one Parliament binding until discharged by another hence it is that the Statutes of that Age recorded in Speeds Chronicle do teach us this Doctrine the Court of Parliament is of such Authority and the people of this Land of such nature and disposition as experience teacheth that the Declaration or Manifestation of any Truth or Right by the three Estates Lords Spiritual and Temporal and Commons saith the Statute assembled in Parliament and by authority thereof maketh before all things most Faith and certain quieting to mens winds and removing all doubts 4. The Parliament did Bastardize and Legitimate the Children of King Henry the eighth and they by their Authority enabled him to dispose the Crown to or from his Children with and under what conditions he pleased adjudging any his Children assuming the Crown otherwise then by this Authority to loose their Right and be judged Traytors to the Realm whence it came to pass that Edward the sixth Queen Mary and Elizabeth did hold and enjoy the Crown by Authority of Parliament and the Title of the last being questioned produced the Statute 13. Elizabeth which made it Treason during the Queens life and loss of goods after her Death for any man to deny the Authority of Parliament to direct dispose limit or restrain the Crown 5. Statutes of Recognition have ever been reputed the onely riveting security to the Crown and certainly these signifie more then a State Complement and although they pass in the same Royal Formality with other Laws which concern the Subject yet it must be confessed they receive strength by an Authority in this respect abstracted from the King as do the Statutes providing monies the only support of the Crown 6. If we should ask Mr. Tomkins who in the defect of Heirs hath Jurisdiction over the Crown would he not dare for fear of Treason to say the Parliament Bishop Bilson saith it in express tearms and that not onely for our own Kingdom but all others also 7. Before Mr. Crofton be condemned as a Traytor for saying the Parliament ever retained in themselves a jurisdiction over the Crown we hope the conclusion of our late Martyred Sovereign King Charles the first who well knew the constitution of this Kingdom and the extent of Royal Prerogative will be denyed for he affirmed the Power legally placed in both Houses is more then sufficient to prevent and restrain Tyranny which must needs import a large Jurisdiction over the Crown 8. When we consider the Courts of Judicature in Westminster Hall do conclude judicially against his Majesty in many Suits brought by him in Right of the Crown against the Subject and by the Subject against him We cannot imagine it Treason to say the happy constitution of Englands Government is such that the Courts of Justice have a Jurisdiction over the Crown much less to say the High Court of Parliament hath it If an Observation of Fact without any assertion of Right If the Sound of a Sentence capable of a most Loyal Sence If a Position proved by constant Practise be Treason we must leave Mr. Tomkins on the Bench and Mr. Crofton at the Bar to receive his doom but cannot deny our assent unto the Observation of the Statute 1. Mariae discharging the Laws which made words Treason Those Laws are grievous which are so made that not only the Rude Ignorant and Vnlearned but also the learned and expert people minding honesty are often and many times trapped for words only without other fact or deed We have with the most exact diligence we are capable of Enquired and observed the reports of men that we might be satisfied what is the great matter which causeth this man to be kept in so severe a durance and some tell us he was ever Turbulent and not quiet under any power unto which we answer We presume his Turbulency under our late Usurpers being the Act of his Loyalty to his King restlessely endeavouring his happy Restauration is not now supposed his crime or any agravation thereof The men who do now condemn him did account it is duty and honour when others were sinfully quiet and we see not any difference between this in him and Jehoiadas endeavours against Aâ—haliah and for King Joash save the one enjoyed the Comfort Peace and Liberty of the effect whereof the other was and is deprived His Turbulency hath ever had Sin for its Object Ministerial rebuke preaching or writing for its only Act and Expression Which of the Prophets or Apostles were not What Faithful Minister of the Gospel is not can or dare be otherwise then thus Turbulant This is not only Lawful within his place and calling But the Indespensable duty thereof Elijahs must thus trouble Israel and Amos Alarm the Kings Court cost what it will or can If he have ever appeared in advised or abetted any Seditious Tumult Rebellions Insurrection or Trayterous Conspiracy we leave him to himself But Tertullus himself is not able herein to charge him and other Acts of Turbulency will subject them to trouble from the Lord who do therefore trouble him as a thing most righteous Some clamour against our Friend as Seditious and Treasonable because against Episcopacy and relying on that maxim no Bishop no King Conclude he cannot be a Friend to the King who is an enemy to the Bishops to which we answer Such as know him and have read his Writings will find if is clamour is not true for he professeth for Episcopal Degree which is much as our sober Reformers ever challenged or our Learned Vsher approved He is indeed against Papal Hierarchie and that Episcopacy which was the step and seemeth the support of the man of sin but suppose the utmost his Opposition is purely Argumentative and is but ill resisted with Rage and Violence No Bishop no King may be a maxim of State but we have not known it to be a Principle in our Law we have not heard of any Statute which hath so conjoyned the Mitre to the Crown as that a dis-respect to that must needs be reputed and punished as a Treason against this We hope we shall not offend if we say that is a sad Government which pretendeth to Divine Right and yet hath no uphold or guard but Violence and Oppression of Reason urged against it and cannot silence a Disputing Antagonist otherwise then by a close Prison We have heard a third cry Mr. Crofton Preached against the Bishops and provoked the opposition of them by fire and blood to this we answer We heard the last Sermons this math did Preach and can give the true
their eyes in their fore-head not in their neck for the moral reason for the punishment of vices in all Kingdomes and Common-Wealths is because of the breach of the Laws standing in force for none can be punished for the breach of Lawes by Predestination bâ—fore they were made That Mr. Crofton was committed to Prison for this Cause might be reputed an Act of Prudence but that he is nor enlarged now that his Spirit and Principles are under the Restriction of a Law seemeth to us something hard and unpolitique the rather for that a Royal command is fairly pretended to have engaged him in this contest and that he did it before the bring oâ— that Law according to which Justice must acquit him if he had been a Transgressor thereof more then the time thereby directed for prosecution having passed between his Act and Commitment and more then twice as much since he was confined and yet no legal process hath past against him 2. Mr. Crofton hath as a Divine Disputant and Casuist affirmed these Principles as Weighty and Importart but doubtful and undetermined by any good and Just Authority He therefore having used the freedom and confidence of a disputant in his discourse doth conclude his Argumentation with this profession Might my poor weak papers provoke more serious Casuists in good earnest as before God and in the dread of an Oath to state and by right Religious Reason resolve this case of conscience though in the negative I had obtained my desire and if I know mine own heart none shall he more ready then my self to fall down and worship and confess God is in you of a truth We have not known that in any well-governd Common-Wealths nor can our reason conceive that Logical Dispute and Casuistical Debate of things weighty doubtful and not prohibited was or could be Judged any crime much less a crimen laesae Majestatis We hope we may without offence observe that the earnest opponents of the divorce of King Henry the 8th and the Title of Renouned Queen Elizabeth to the Crown of England or any of them were not for the same Apprehended or Imprisoned as Offendors until after that the Law the mature and deliberate debates by both Universities all the Casuists in Christendom and the Estates of Parliament having first cleared and concluded the question disputed had duly interdicted the further debates concerning those matters The Obligation of an Oath in which God is immediately concerned we think we may say with confidence is not inferiour to the most weighty of these cases and no man can or will deny Disputation is directed by God and nature and used and allowed by all Men and Nations the Barbarous Turk and in cases of Religion only excepted as the only ready and rational means to discover truth and disperse such clouds as darken the same Confutations of fury and false witness are registred Comments on the ignorance and impietie of Stephens Antagonists and of fire and force is the high dishonour of Queen Maries Reign the same better beseeming the wilful malitious obdurate Jew and blind bloody Papist then the Rational Religious Christian and reforming Protestant whose onely Honourable warfare hath been ever managed unto good success by Argumentation enforced by Prayers and Tears as their onely Weapons 3. Mr. Crofton did not first begin and set on foot this Dispute This controversie was provoked by the Reverend Bishop of Excester Dr. John Gauden his Analysis sounded the Alarm and challenged all men who feared an Oath sacred in its nature and the onely security of humane Order and Societie especially Ministers the Guardians of truth and guides to dutie to appear unto the defence of the since condemned Covenant Mr. Crofton indeed forward in zeal and having improved this Oath to the advantage of his Majesties happy return did first step forth and with all sobriety receive and repell the Bishops first assault the which the Dr. enforcing a second and third time he resisted with more Logical and Theological strength taking the Principles from Grotius the Civilian the learned Sanderson now Bishop of Lincoln the Casuist and Sir Thomas Smith Horn and Fortescue the Lawyers best acquainted with the constitution of the Government of this Kingdom the which he useth as his Medium by which to conclude his Argument So that it is visible to all men that Mr. Crofton is defensive in this whole debate and is no further criminal then in suffering his Reason to infer and relate the conclusion which the principles approved by all men and asserted by approved Authors do enforce Civilians do conclude defensive to be the most if not onely lawfal War Our Law and Reason doth conclude in all Quarrels the offence is in him who gave the first blow and began the Fray no man was ever found guilty of Murther or Treason for killing a man se defendendo the heat of the Chase and chance of Hunting acquitted Sr. William Tyrrel from the guilt of Treason or Murther though he slew King William the second and men of Ingenuity will acknowledge it to be a most fair candid and clear conquest which is obtained by the Sword of Goliah the enemies own weapons whilest premises stand approved other men will not want Mr. Croftons reason to infer the conclusion nor can they think this common Act could be in him a Capital crime We cannot but acknowledge the Wisdom and justice of our late Martyred Lord King Charles the first who determining to silence the Arminian Controversie which then disturbed the peace of the Church did first by his Royal Proclamation call in the Book Appello Caesarem published by Dr. Montagne Bishop of Chichester as that which was the first cause and gave occasion to those Disputes and Differences which troubled the quiet of the Church We dare be bold to avouch it that if Dr. Gauden had not appeared against Mr. Crofton had not in this way appeared for the now condemned consumed League and Covenant and we hope we shall not have cause to think the Bishops Analysts was let loose to Ducquoy the sober serious conscientious and sincerely Loyal Covenanter into a snare of Destruction by a Disputation of a matter so weighty and undetermined 4. Although Mr. Crafton may in this Dispute have strained towards one extream and seemeth to have attributed more to Parliaments then what doth appertain unto them which is the ordinarie infortunium of a Dispute yet he hath not in these wrightings uttered any expressions of Disloyalty or disrespect to the Kings Majesty or of advise and provocation unto tumult and disorder in the people whereby his Majesties Person Crown or Dignity could be endangered or the Peace of the Kingdoms be disturbed But on the contrary they contain in the general scope of these writings besides many particular expressions thereunto conducing the greatest evidence and security of Loyalty to the King and peace unto his people that can possibly be given as an evidence hereof we
pray it may be observed 1. Mr. Crofton is so far from abetting approving or defending the Rebellion against and usage of his late Majesty that he doth expresly disown and damn the resistance of his Authoriry and violence upon his Royal Person as a most horrid and execrable Rebellion a most base and Barbarous Regicide a most odious and perjurious breach of the Covenant Which he vindicateth from the odium thereof and affirmeth to have been so far from being the cause or accessorie occasion thereof that it is in it self the most full security and strength unto the contrary that ever was or could be given and observeth the same to have been slighted as an Almanack out of date before that violence could be acted or advised which he determineth to have been a full and formal violation of this Oath by the perjured pack who did pursue and effect the same 2. This man is so far from detracting from the Kings Soveraign Power and Prerogative that in these very writings he acknowledgeth the Kings Supremacy in every particular and in the greatest latitude thereof ever challenged by any English Prince and he doth therefore urge the Covenant as consistant with and enforcing to the Oaths of Allegiance and Supremacy He affirmeth the Subjects Duty and Allegiance to be absolute and due without any condition of their own prescription or indenture and without any respect to the quality or disposition of the King good or bad pious or impious founded in and directed by simple naked relation And he asserteth the Kings Prerogative and Sovereign power to be such as doth exempt his Royal Person from all imposition of conditions and from all coaction to accomplishment of what he condescendeth to assume upon himself by his Subjects or any humane Power whatsoever and therefore this very man doth blame the Scots for indiscretion and over much boldness who being Subjects could dare to take the advantage of a straite condition to put such terms as they did upon his Majesty 3. Mr. Crofton is in these writings so far from a Seditious Spirit and provoking any preposterous heady and seditious attempts and endeavours that he bindeth all men in the performance of the Covenant unto just and lawful endeavours and that within their places and callings and therefore he alloweth no weapons against Majesty save Ministerial Rebukes and Admonitions in the Name of God the King of Kings Parliamentory advice proposal Remonstrance in the name of his Subjects or the Collective Body of his Kingdom and vulgar Petitions and supplications from and by themselves in reference to their vulgar concernments He disowneth and disalloweth all popular Tumults and disorderiall Insurrections and insolencies in the Subject binding unto passive obedience and quiet submission all who cannot yield active obedience to the establishments decreed by the King in Church and Common-wealth whensoever he doth as he durst do no other observe the Wisdom Justice and Soveraign Power of Almighty God in permitting or disposing the Irruptions and Insurrections of the natural against and upon the political Power or the heady disorderly Tumultuous and Seditious Agitations of the people against their Princes he passeth not his Observations without a Notation of the sinfulness thereof and a manifest expression of his own dislike of such wayes and courses If this man must be branded as a Preacher of Sedition we must confess our selves at a loss how Truth shall be declared with due respect unto and careful preservation of Order 5. The Affirmation of these Principles and the Disputation in these Books mannaged do very rationally profess Loyalty to be the Center at least a chief part thereof from which they sprang and to which they are returned Mr. Crofton argueth Loyalty as the impulsive cause thereof and pleadeth it from such evidences which no sober Christian can or will deny We shall not conclude Declarations published under the distress of Royal Affairs do exactly oblige the Kings accomplishment yet cannot but conceive them to be the Subjects Appologie and justification for his pursuit of the Royal Command thereby signified and not any other way countermanded We cannot but observe the chief of Mr. Croftons Books objected against him as his onely Crime were written before His Majesties Declaration concerning Ecclesiastical Affairs was published This man owneth no sence of the Covenant but what is truly Loyal and fully securing to the Kings Interest and Prerogative It is very well known he had in Press and Pulpit improved this very Principle of the Covenant to bring back the hearts of the people to the happy Restauration of His Sacred Majesty and then he found Acceptance Approbation and Applause from those very persons who now reproach him and rage against him for no reason save reasoning the same Principles We confess we stand amazed and cannot conceive with what colour of Justice that which was an eminent Act of Loyalty April 1660. could be reputed represented and charged to be an Act of High Treason in September following no new Law intervening to interdict and so alter the nature of the Act yet we know tempora mutantur nos mutamur ab illis onely we conceive a temporizing weather-cock humour must direct or the dictates of new made Laws must drive men into the change of Act and estate Mr. Crofton doth often protest Loyalty to be his end in this debate which now seemeth to be his errour and we have cause to believe it did really affect his heart whence we finde no disloyal Act or expression to have sprung and this most Loyal profession doth not a little demonstrate the sincerity thereof I confess we allowe unto his most Sacred Majesty all humble submission active or passive whatsoever shall be by Royal Authority established in the Church though never so corrupt yet whilst consistent with Salvation it may occasion unto me suffering and a suspence of my Ministry but it shall not effect in me or such on whom I have Influence Schism from the Church or resistance of His Majesties Right and Authoritie and in the further and more fervent enforcement of this debate this man declareth He had rather never put pen to paper then that his writings should disturb the Peace of these two long distracted Nations Mr. Crofton may we confesse have taken into his judgment some of those errors in politie which the unhappy breach between his late Majesty and the late long Parliament did foment yet we humbly conceive malice it self cannot charge these writings written with so legible a line of Loyalty and love to peace and order with Treason or Sedition Certainly this breath is too sweet to come from ulcered lungs These Principles and Professions could never proceed from a Trayterous Heart and all Just men will acknowledge Actus non facit reum nisi mens sit rea nor can they be charitably suspected of dissimulation when things antecedent Concomitant and consequent speak the sincerity of a Loyal breast