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A51017 Mr. Croftons case soberly considered, plainly stated, and humbly submitted to the consideration of just and prudent men made publique to silence clamor, correct mistake, and acquit him from the charge of high treason vrged by Tho. Tomkins, fellow of All-Souls, Oxon. and others in their frivolous, scurillous and invective pamphlets. Griffith, Hugh. 1661 (1661) Wing M2260; ESTC R25739 18,624 30

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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 b●fore they were made That Mr. Crofton was committed to Prison for this Cause might be reputed an Act of Prudence but that he is nor enlarged now that his Spirit and Principles are under the Restriction of a Law seemeth to us something hard and unpolitique the rather for that a Royal command is fairly pretended to have engaged him in this contest and that he did it before the bring o● that Law according to which Justice must acquit him if he had been a Transgressor thereof more then the time thereby directed for prosecution having passed between his Act and Commitment and more then twice as much since he was confined and yet no legal process hath past against him 2. Mr. Crofton hath as a Divine Disputant and Casuist affirmed these Principles as Weighty and Importart but doubtful and undetermined by any good and Just Authority He therefore having used the freedom and confidence of a disputant in his discourse doth conclude his Argumentation with this profession 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