corrupt Courts in the Kingdome yet even in those Courts there was an appearance of justice in this kind so that if any man had any just exception against any mans testimony if it did not totally overthrow their witnesse which it many times did yet it so enervated their evidence that it was never so valid and prejudicall to him as otherwise it would have been as you your selfe can witnesse it was in my cause in the High Commission Court where I making it appear by sufficient witnesse that Thomas Newcomin and John Danet and Richard Daniel had formerly been expunged in the Chancery for Knaves and had for that out of malice put me up into it were all my adversaries and perjured varlots their testimony by the whole Court was rejected and they were by them all accounted a company of Knaves all over soul and body for so some of the Court said of them and I was onely condemned for my book And this part of Justice in many causes remained even in those Courts in the worst of times in all Courts of the world there was ever leave and liberty given unto the accused to make his just defence and bring in the evidences of his own innocency and non-guiltinesse his just exceptions against both his accusers prosecutors and witnesses and this by the very law of nature for so said Festus that it was not the manner of the Romans to condemn any before they had been brought face to face with their adversaryes and that they had bin fully heard what they could speak for themselves for otherwise if they had condemned any without either of the former conditions they had not proceeded according to law nor condemned them judicially Fourthly those that are judged judicially and according to the Lawes of God and nations they must ever be within the jurisdiction of that Court and of those that judge them and under their Lawes Neither doe any wise Judges take any cognizance of things without their jurisdiction and if any should bee so unjust or unadvised to attempt any such thing the party accused hath the benefit of his Appeal as wee see in the cause of Paul when hee appealed from the Tribunall of the Jewes to Caesars Barre And all men know that the Courts of one Countrey doe not judge and condemne the subjects that dwell in an other and that are under an other government yea the Courts secular and the Courts Ecclesiasticall even in the same Kingdomes and Common-wealths doe not intermeddle with one an others imployments except it be by speciall appeale which is granted unto them by some caution upon just occasions but they leave each Court to the managing of those causes that are of speciall cognizance there and within their jurisdiction for otherwise it would breed confusion speedily in a Country and therefore those distinct Courts and Jurisdictions take the cognizance of those things onely that are peculiar and proper to themselves and within their spheare and never intermeddle and exercise any power over others that are out of their jurisdictions be they never so facinorous or accused of never so high a crime yea if any information or accusation be put up against any man into any Court be it true or false if the Judges conceive that the parties impleaded against belong unto an others jurisdiction they will send them thither to be judged and decline sentencing of them and this method of judgement the very Law of nature teacheth all men yea Pontius Pilat though a most wicked and unjust Judge yet understanding that Christ was of Galilee of which Herod was the Tetrarcke or Governour and conceiving him to be under Herods jurisdiction he sends him forthwith unto Herod intimating that the examination and tryall of his cause peculiarly belonged unto him if Christ were judicially to be proceeded against Yea Paul himselfe saith What have I to doe to judge those that are without Those that were without in Pauls opinion and under an other jurisdiction hee professed that hee had nothing to doe with them The fifth thing required for the judiciall proceeding and handling of any cause is this that they that are to be Iudges may not be both parties witnesses prosecutors Iury and Iudges in the same cause for it they be they cannot be said judicially to give sentence All that I now write unto you Brother I am confident your conscience tels you is just and true Now in all nations and well governed Kingdomes and countries if there have beene any faylings in either of these conditions and requisites the subjects have the benefit of the Law against both their Prosecutors and Iudges and may appeale unto the King or supreame Court of judicature in the Kingdom crave justice there against such Iudges and such proceedings and if they cannot obtaine justice there God will call them to an account one day for it for in the judgement of all men such proceedings have ever beene counted illegall and unjust and all those Iudges that have at any time given sentence without observing those rules and conditions did never censure any man judicially neither can their judgement be said to be judiciall in any just mans understanding Now Brother if your proceeding against mee be examined by these rules and by such men as are judicious and truly godly without faction you will not be thought judicially to have censured condemned me for it is most certain you have not in all the carriage of this busines beene a judiciall Iudge for in this your sentence you have gone against all the Lawes of God and nature yea against the practice of the most corrupt Courts in the world in that you have accused me arraigned me and condemned mee without either Articles Bill Libell saving your owne Booke allegation or information and without any lawfull citation into your Court or any Court you have also condemned mee before I knew who were my Accusers and that without hearing mee ever speake for my selfe yea you have condemned and adjudged me an innocent man withou any lawfull witnesse for as I am not conscious to my selfe of ever having done any thing that deserves convention before any Court of Iud icature in this world much lesse to have sentence given against mee so I am most assured that if ever these your dealings against mee shall be brought to a tryall and a judiciall hearing indeed as they may be if the time once grows more quiet I shall make it clearly and evidently appeare that the ground of this your beastly accusation brought against me viz. that I am a scandalous Walker to the shame of the very name of Christian Religion did first arise from one of the most infamous notorious creatures though an Independent that now lives upon earth for all manner of villanies a shame dishonor to her name kindred known to be one of the most prodigious impudent Whores that is this day in the world except the Whore of Babylon and yet
originally and primarily from that creature or from such as are as bad as her selfe have you grounded your most unbrotherly and extra judicall judgement against mee and so you have made your selfe party witnesse Iury and Iudge in this your owne cause and which is more have condemned one that is in your opinion without and out of your jurisdiction whereas Paul had taught all Christs Disciples by a Statute Law from Heaven that they should not judge those that are without now you account mee and all the Presbyterians to bee enemies of Iesus Christ and such Saints as Iob would not set with the dogs of his flocke and proclayme us all the sonnes of Belial as your learned Works can sufficiently witnesse and therefore you account us all without and yet you condemne me and that in the face of the whole world as guilty of all those foule crimes you charge me with whereas you had nothing to doe with mee I being out of your jurisdiction I pray tell me courteous Brother whether this your proceeding be to set up Christ as King upon his Throne and be judicially to condemne any Brother when it is apparently manifest by these your actions you transgresse all the Lawes of Christ our King and trample them under your feet for Christ hath taught all his people and subjects saying Matth. 18. If thy brother offend thee tell him of it betweene him and thee c. and againe hee hath said judge not lest yee be judged and againe there shall be judgement without mercy to him that shewes no mercy againe God hath said hee that condemnes the righteous and hee that justifies the wicked they are both an abomination to the Lord whether therefore by all these your proceedings against mee you have not violated all these most holy Lawes and Statutes I shall leave to the judgement of others Brother you may remember in the 17. page of your Booke speaking there what you will doe when you come to my Postscript which you have finely performed you aske mee whether or no when you make mention of it my mind doth not misgive me your words are these which when I mention here say you doth not your mind misgive you for answer I tell you no for I am able to prove every word of that Booke by sufficient witnesse and out of the very Independents writings yea their daily practises have made good every period of it and so farre I am that my mind should misgive mee at the mention of it for doing my duty that I will with all speed print it againe with some little inlargement concerning your New-lights and other of your grolleries But this by the way But because Brother you take that liberty to propound now and then questions to me I will here also use the same freedome with you Therefore tell me I pray the next time I heare from you whether or no your mind doth not misgive you when I mention your bookes and when you thinke what you have done against mee in thus condemning mee and adjudgeing an innocent man and your quondam Fellow-sufferer Brother had you to deale with some man hee would recriminate which would not be for your honour but for the present I content my selfe to have declared my innocency only by the way consider what you did to my reverend Brother Master George Walker a man to whom you were so much ingaged to and when I mention him doth not your heart misgive you But enough of this Now before I conclude this my parley with you I will say thus much concerning your new Courts in your new gathered Churches if this be your way of proceedings there to be witnesse party Iury and Iudge in your owne cause and when you have given sentence against the innocent if ther be no appeale then your Courts are worse and more tyrannicall then that of the High Commission or Star-chamber and for ought I know all such arbitrary Courts as your are and all such arbitrary and unjust Iudges as you are may as well be questioned censured and put downe for all these your illegall unjust and extrajudicall proceedings as either they or any other tyrannicall Courts were and truly it concernes the whole Kingdome now seriously to looke about them and to have a speciall eye to your Jndependent proceedings and Iudgements for if they bee not timely looked unto all the repairing of our breaches and all the restoring of our pathes to dwell in which you make mention of will be no such thing to the poore Presbyterians who cannot already passe quietly in the streets for you nor any man avoyd your uniust censures nor the filth both of your tongues and pens which you cast in our faces every step wee goe The Lord rebuke you for these your revilings Truly Brother I see a divine hand of justice against you in many passages though you looke loftily and speake great swelling words in all which you breath out hell and your own shame the Lord I hope in time will discover unto you all your vanity and sinfulnesse I will say thus much of you that whiles you used the sharpenesse of your parts against the common enemy you were very serviceable to the Church of God but now turning the edge of them against your Christian brethren you have through their sides both wounded your selfe and all those of your party as I am most assured they will all assert Yea I can ascertaine you of this that it is exceedingly admired by many that you having beene some yeares in captivity under the Prelates tyrannie should continue such a trewant in the schoole of affliction as not yet to have learned the lesson of patience so that you cannot digest a merry word or but a conceived Iest But this they are most of all stranged at that out of the height and greatnesse of your spirit you will strike your enemy though it be through the sides of Religion and the Christian cause and truly this your dealing with all your Christian brethren especially with my selfe cals for deepe and serious repentance at your hands For my part I freely forgive you and do professe it is a griefe unto my soul that you have drawn me out with such violence in forcing me to encounter with you by name it 's true the erroneous wayes opinions and false lights under the name of new lately held forth I did and cannot but write against they being contrary to sacred writ yet you my Brother and Quondam Fellow Sufferer I reverenced and did ever love honour and esteem and had it not been to wipe off those black reproaches wherewith you have laboured to besmear me all over making me appear to the world as a man spotted and defiled with scandalous walking an Hypocrite a Persecutor a mad man c. I professe out of tender respect to your person and sufferings as I have hitherto spared your name so I would now have over lookt your false aspersions but seriously considering
persevere to walk in Now before I conclude I cannot but speak something upon this occasion concerning Phocion whom my brother Burton makes mention of that I may informe the Reader a little of the truth of that story and to shew that he is mistaken concerning that Proverbiall speech but how fitly it belongs unto my brother Burton the sequell of the discourse will declare Now he represents this Phocion to the world as if he had bin such another creatures as Hercules was and that as he had his club by which he did many pretty feals so he speaks of Phocion as if he had had his hatchet likewise But Erasmus a man better skill'd in all Histories and in the Annals of the times then my brother Burton or any of his way who are for the most part strangers and enemies to all good litterature out of Demosthenes setting down the truth of that story describes Phocion to have been some Sectary in Philosophie but yet such a triviall and worthlesse one that Demosthenes speaking of him saith That Phocions Arguments were so far from having any strength or validity in them to perswade any man to imbrace his doctrine and opinion that by the weaknesse of them and the contradicting of himselfe and the fond handling of the controversie he affirmeth that Phocion was his own executioner and the only hatchet of his own Arguments and who opposed yea overthrew his own principles Phocion saith Demosthenes is his own hatchet to destroy and cut in sunder his own Arguments The words of Erasmus relating that story are these In adagiis Erasmi printed Hanoviae M. D. C. XVII fol. 485. Demosthenes saith he Phocionem appellare solet suorum Argumentorum securim Thus Erasmus expresseth him self touching that businesse And this is the true story concerning that matter in Demosthenes who makes Phocion the hatchet and destroyer of his own Arguments Now my brother Burton speaks of Phocion as if indeed he had been armed with such a weapon to incounter his enemies withall which was nothing so But the story may truly be verified in my brother Burton who is indeed like Phocion and is his own executioner and the very hatchet of his own arguments that really divides the head and heart of all his own and of all the Independents doctrine so that I may truly say of him that he hath not onely sorely and desperately wounded his own cause but absolutely murthered and taken away the life of Independency Yea whiles with this hatchet he came out against me to cut in two the long thred as he speaks of my Alcibiadian fluent and luxuriant Rhetorications and to wound me soul and body he hath wounded himselfe and all his brethren under the fifth ribb and that when he seemed in love to take them all by their great white basket-hilted beards to kisse them that which I now say of him I am confident that all those that shall vouchsafe to read the insuing discourse without prejudice and see what I have answered to him and all those of his society will say It is usuall with all the Independents to say of any Presbyterians that write against their wicked practices and novelties although they do it with most singular reason wisdome and moderation and with all evidence of demonstration that by their writing against their wayes they not only wronged themselves and the Presbyterian cause and that very much but that they have been a great occasion of increasing Independents and advancing their party when notwithstanding it is well known to the judicious and learned that they have given the Sectaries a fatall blow by discovering the vanities and errors of their wayes to all men But what the Independents and Sectaries falsly vaunt in this point as they do of their graces and vertues may truly be said of Master Knollys I. S. and my brother Burton that if ever any men have wronged their cause and advanced their adverse party they have done it as I am confident all they will say that shall deliberately read the following discourse for there they shall see how they not only upon all occasions contradict themselves and through their ignorance and temerity overthrow their own principles and are enemies to their own cause but how they like the Midianites destroy one another with their own swords and at that time when they thinke mortally to wound their adversaries and utterly to vanquish them and to obtaine the victory All that I have more in this place to add is this That it concerns all men seriously to look about them and as they will not be deterred by any art of perswasion when either their lands or estates are questioned from searching into their evidences and the last wills and testaments of their fathers Parents and friends that gave them their inheritances so they ought not by any perswasions of men to be disswaded now to search the good will and testament of their heavenly father and all the evidences of holy Writ and to see what all their adversaries can pretend against their right just title to them Let them ever make those living Oracles Act. 7. their Counsellors they will advise them for their present good and shew them the right way to their eternall everlasting Patrimony the kingdome of glory Now that they may be all made more studious and diligent in the scrutiny of those heavenly records when as so many Sectaries and Independents lay false claim to their caelestial inheritance and pretend that the Presbyterians have no just title and claim to the way that leads thereto shall ever be the prayer of him who from his soul wishes that all men may grow in grace and in the knowledge of our Lord and Saviour Jesus to him be glory both now and for ever 2 Pet. 3. 17. John Bastwick To all the Homothumadon Jndependents assembled and not assembled with all the Sectaries and Straglers under their severall commands and to all the Burtonians Valere sapere Gentlemen A Godly conscientious Christian not long since being in company with one of the chiefest of your society and bewailing unto him the sad condition of the times in regard of the many dangerous opinions and blasphemous heresies that have within these few yeares sprung up since your New Lights appeared on our Horizon to the destroying of the soules of many yea tending to the ruine of Church and State and to the bringing downe of the judgements of God upon the whole nation if not timely prevented he demanded of him what he thought now was the fittest course to be taken for the hindring of the over-spreading of them seeing men generally began to leave the publicke Assemblies and to decline those wayes God hath appointed in his holy Word viz. the preaching of the everlasting Gospel by his faithfull and orthodox Ministers for the saving of their soules and for the right information of their judgements and the rectifying of their manners to whom that Gentleman of your party replyed
Truly if ever the Scripture were fulfilled in any age of the world it is now fulfilled in these our times there being not any part in this whole description of those dangerous seducers that doth not in every branch of it agree with the Seducers and Sectaries of ours the most dangerous times in that regard that ever were in the world And therefore it concerns all men that desire the peace of Zion and the welfare of their own souls to take heed of them all least they be found fighters against God for we have precept upon precept to this very end given by all his holy Prophets Christ and his blessed Apostles to shun them and Saint John in his second Epistle v. 10 11. saith there speaking to all Christians If there come any unto you that bring not the doctrine of Christ entertain him not into your house neither bid him God speed for he that biddeth him God speed is partaker of his evil deeds Now we know the Sectaries of our times teach such doctrines as were never taught by Christ nor any of his blessed Apostles how then dare any that have the name of Christians be familiar with such and entertain them in their houses especially when Saint Paul saith 2 Tim. chapter 2. verse 19. Let every one that nameth the name of Christ depart from iniquity or evill And what greater iniquity and evil can there be then to live in the open violation of Gods Commands for in the very same chapter hee exhorted them ver 16. 17. to shun prophane and vaine bablings which is the practice of the Sectaries saying they would increase to more ungodlinesse and that their words will eate as doth a canker of whom is Hymeneus and Philetus who concerning the truth have erred saying that the Resurrection is past already and overthrow the faith of some he nameth some of the Sectaries there Now here also we are commanded againe to avoid all evill whether it be the evill of Doctrine or manners or evill company and especially to avoid and shun all false Teachers whose doctrines eat as a Gangrene such as are the new Doctrines of our times which are inferior to none for evill impiety and wickednesse that were ever yet taught in the world as yee may see in Learned Master Edward's Gangrena and therefore it concernes all to shun the evill of all Sectaries company and fellowship and in the 6 chapter of his 1. Epistle to Tim. verse 3. as if hee could never have given caution enough hee saith there If any man teach otherwise then he and Christ had instructed Timothy to teach and consent not to wholesome words even the words of our Lord Jesus Christ and to the doctrine which is according to Godlinesse from such with draw thy selfe If Timothy which was a well grounded Christian an Evangelist by his place if he were againe and again by the Holy Apostle commanded to shun and decline the company and familiarity of all false Teachers and Seducers how much more ought all other Christians that are so much inferiour to Timothy in all respects to take heed of all Sectaries especially when we by our daily experience find how many they have misled and seduced Truly it hath been the great Rebellion of both Ministers and people in these our times contrary to the command of God to follow them and to lend them not only their eares but their Pulpits and Churches to preach in and doubtlesse whatsoever they may thinke they have both of them much to answer for before God as being the principall causes of the ruine and misleading of so many soules and if the State doe not speedily take order for the suppressing of all those wicked Deceivers the times will grow more dangerous and perilous not only in regard of the precious soules of many but in respect also of the peace and quiet of the Land for all things will speedily run to confusion and the Sectaries will bring downe Gods judgements upon the Land by their damnable and desperate Doctrines and ruine upon the very Parliament and the States of the Kingdome and there will one Iack Straw or other or one Wat Tylâ—r or some worshipfull Knipper or other be raysed up to be a deliverer of their Soveraigne Lord the people out of the hands of all Prerogative and King-creatures and out of the hands of their owne creature the Parliament The Lord awaken the Parliament the Lords and Peeres of the Kingdome and all the Governours through the same to stand now all upon their Guards they having had so many Warning-Peeces both in the Army and in the Citie both in Pulpits and Pamphlets what the Independents and Sectaries intend to doe Were there no other Books but Iohn Lilburns who knows the mind of his brethren and the great concourse of people that follow him and countenance him in his wicked practices it were enough to awaken the whole Kingdom But when wee daily heare and reade what Peters Salt-marsh Dell c. those worthy Saints both preach and print and what gallant Fellowes they have now with the sword in their hands and what priviledges they clayme unto themselves it is a matter of wonder and astonishment to me that they are not all of them timely looked unto and it stranges me most of all that there should be any of those Sectaries permitted through the Kingdome to beare any office of charge committed unto them or to have any other weapon offensive or defensive in their hands then a bodkin or a thimble which were the only iron many of them wore before these times for it is well known that all the Sectaries in the Kingdome within these six years were as much afraid of the Artillery Guarden and of the Military Yard as they were afraid of a Cathedrall Church and the roaring of the Ordnance and Canons and the noyse of a volley of shot the sound of a Trumpet and the beating of a Drum were as formidable Musick in their eares as the noyse of a paire of Organs or Sackbuts or the singing of the Choristers in Pauls Westminster-Abbâ—y or in the Kings Chappell and yet now they can begin to talke of the sword in their hands It is not good that such children as these are should be suffered to have such dangerous weapons in their fingers It was not thought fit by our Fore-fathers who were commended for their wisdome that any Papists should sit in the Parliament and our ever to be honoured Worthies now sitting in that great Conncell did not thinke it for the Kingdoms safety that any Papist should bee of the Kings Councell and at the first sitting of the Parliament no Monopolists or Gatherers of Ship-money or Pattentees or any such creatures though they were lawfully chosen by the people were suffered to sit in Parliament but were thrust out as being suspected they would prove bad instruments to the State and therfore I say notwithstanding the peoples election they were immediatly dismissed the great