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A87841 An epitome or briefe discoverie, from the beginning to the ending, of the many and great troubles that Dr. Leighton suffered in his body, estate, and family, for the space of twelve years and upwards. Wherein is laid down the cause of those sufferings; namely that book called Sions plea against the prelacie, together with the warrantable call that he had to the work: and also, the hard and heavie passage of the prelates proceedings against him, in the high Commission, and Star-Chamber. And lastly, their invective speeches in the said Court of Star-Chamber; from the impeachment whereof, and the accusations charged upon him, he vindicates himself by a just defence. Leighton, Alexander, 1568-1649.; England and Wales. Court of Star Chamber. 1646 (1646) Wing L1024; Thomason E354_2; ESTC R201091 74,578 102

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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 If Aaron were over the Priests Then Bishops should be over Ministers c. 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 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 1o. Mar. cap. 12. 1o. Eliza. cap. 17. these are called Vnlawfull 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 divers * 13. Hen. 4º cap. 2.2 Hen 5o. cap 8.19 Hen. 7o. cap. 23. other where they are called Rebellious Insurrections and Rebellious Assemblies with these I might cite divers Authors as Dallison * 2. H. 5o. 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 Vnlawfull 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 Praying are the maine preservers of Peace Thirdly the end of a Conventicle is ever or for the most
nocuisset mortus esse 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 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 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 Venice 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 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 Animus constantior annis He might be a pretry