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 iâ— injustice and injustice with unjust Proceedings is Injusticia armâ—ta Armed injustice as Plato and others call Judgment and Justice Virginem 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 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 fulâ—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 neglecteâ—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 noâ— heard What should demonstrate 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 Aâ—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 defensiâ— nonâ— 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 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 Atâ—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 unhâ—ard of Censure Polititians and Lawyers in their dâ—scoveries of Câ—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 Vniversities St. Andrews and Lâ—yden with more then Ordinary aprobation as may appear Imitatu janâ— 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 suffer any ignominious punishment lib.
an higher â—â—â—ure uttered against the Queen of King for the time being Namely â—â—â—ing him or Her Heretic c. 1â— Eliz. c. 1. It is enacted that whosoever shall publish that her Highâ—esse is aâ— Heretic Sâ—â—â—smatic 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 Iuâ—â—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 TreasoÌ„ 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 Stâ—tute-Law clâ—â—â—eth no Principle of Common-Law nor Case nor Comment dâ—â—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 sâ—ole Imputation of Ages to Be-traytor Gods Servants when they stand for their Master Hâ—mâ—n accused Mordeâ—ai and the Jewes of Treason to King Ahashuâ—râ—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 soyâ—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 Hâ—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 VVorship by mens Devises Orders and Deceâ—â—iâ— 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 Bâ—â—â— â—â—deraâ—e dâ—fâ—retion harboâ—â—â—g and mainraining openly Trayâ—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 * Nomiâ—◠〈…〉 consâ—â—tianâ— Plâ—◠〈◊〉 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 thâ—â— call Good Evill and Evill Good saith the Spirit But to hold to the particular and so to close it up there be so 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 â—â—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 pleâ—titur qui principiâ— monetam vitiâ—â—it quanto dignior est eo supplicio
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 busie-bodies 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 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 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 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 Vpon 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 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 the Proverbe is cum pulvisculo yea the Scripture teacheth us the best way to sweeten waters is to begin at the fountaines * 2 Kings â— 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
Prelacie Neither doth your Majesties Defendant scandall these Prelates but proveth what he affirmeth either by Gods Word your Majesties Lawes the Writs of the Learned or by good relation Yea what your Majesties Defendant hath said against the Prelacie rather then the Prelates is commonly laid down and contained in his ten Positions Which Positions your Majesties Defendant as he conceiveth hath sufficiently proved and is further ready to satisfie as he shall be called As for bringing confusion to the Church dishonour to your Majesties most Sacred Person or Government or to stirre up any thereto He had rather dye then entertain the least thought of any of these yea he pleadeth for nothing so much As the Order of Christs Church the honour of your Majesties Person and happinesse of your Government 5 Where your Majesties Defendant is charged in the Epistle to the Reader with these words VVâ—e do noâ— reaâ—e of greater persecution higher indignity and indemputty done upon Gods People in any Nation professing the Gâ—spel then in this our Island especially since the death of Câ—een Elizabeth and that the Prelates are men of Blâ—ods To all these your Majesties Defendant answereth That the thing it self is too too true as appeareth by the Prelacies taking away life lively-hood from so many Ministers and private men and their poor Families of whoÌ„ many were pined to death in prison many wandered up and down their Families being left desolate and helplesse whereof your Majesties Defendant could give many instances and so can many more But your Majesties Defendant doth onely give a touch in sundry passages of the Book as page 122 123. pag. 79 80 pag. 126. Besides all this the blood of soules hath been endangered by the removall of the faithfull Shepheards from their Flocks quite contrary to the mind and speeches of your Majesties Royall Father whom your Majesties Defendant hath deservedly cleared to his everlasting honour of these courses of the Hierarchy witnesse the Epistle to the Reader also page 123 74 70122. Yea if there were no more but that which your Majesties Defendant hath seen and felt it were enough to prove the assertion Lastly the phrase is a Scripture phrase not onely importing violently actuall depriving of life but also the afflicting or wronging of men by indirect courses which we conceive rather to proceed from the evill of the Calling than from the dispositions of the men for good men have proved evill Prelates 6 Whereas your Majesties Defendant is charged with naming the Prelacy Satannicall and Antichristian persons your Defendant as he conceiveth hath sufficiently proved it from Scripture reasons and the Evidences of the Learned Witnesse page 11 12 13 14 15 16 17 18 19. and shall be ready to prove more fully if need be neither be the words your Majesties Defendants but the words of the Learned speaking of the divers kinds of Bishops page 88 89. And for further evidence That Office or Calling which hath the internall or essentiall parts of Antichristian Prelacie is Antichristian Prelacie it self But the present Hierarchy hath the internall or essentiall parts of Antichristian Prelacie Therefore it is Antichristian Prelacy it selfe And this may be the reason of the Major Proposition that the change of an externall efficient or instituting cause cannot alter the nature of a thing so long as the internall or essentiall causes remain And for the reason of the Minor Proposition the matter and forme are all one in both 7 Whereas your Majesties Defendant calleth the Hierarchy The main and Master Sinne of the Land established by a Law page 3. He answereth in haec verba as we conceive And that it is a sinne your Majesties Defendant hath proved from page the first to the twentieth And that it is established by a Land the Statutes speak expresly therefore a sinne Therefore a sinne established by a Law and by consequently As we conceive the main and master sinne of the Land 8 Where your Majesties Defendant should say Thaâ— Ministers should have voyeâ—s delibeâ—ative and decessive in Counsels page 7 Your Majesties Defendant answereth That it is the determination of Counsels from the Word of Truth witnesse the afore quoted page and as for Paritie of Ministers it is the Institution of the Spirit maintained by the Current of the Learned Antient and Modern but Imparity is the spawn of the Mystery of Iniquity 9 Whereas your Majesties Defendant is charged with tearming the Prelates Ravens and Py-Maggots he answereth that the Learned tearme them so in effect as Mr. Bullinger calleth them Harpies page 13. and Mr. Wickâ—iffe Disciples of Antichrist page 12. And thus they are tearmed for that repacity that is incident to their calling and not to assperse any of their persons 10 Whereas your Majesties Defendant is charged with suggesting of false feares to the King for reviving that spawn of the Beast kneeling at the Sacrament for the greater teverence thereto youâ— Majesties Defendant answereth that he speaketh of the time of King Edward the sixth of whom the Papists desired it tumultuously to whose contentment by much importunity with the King it was granted which giveth good evidence as your Majesties Defendant can sufficiently prove that it was the spawn and supporter of the Reall Presence 11 Whereas your Majesties Defendant is said to affirme that the Statute 1 Elizabeth seemeth inconvenient c. page 42 43 your Majesties Defendant there only relateth what Positions were agitated and brought to a faire height of being in the Parliament Anno 1610. If good Intentions had not miscaryed where your Majesties said Defendant is so farre from derogating from your Majesties Royall Power and Lawes that with all his best endeavour he pleadeth the establishment of them In this particular namely that neither by the Law of God nor by the Law of Man The Prelacie hath any power to fine or imprison And this is witnessed by the concourse and concord of all our famous Jurists witnesse page 31. p. 128. c. 12 Whereas your Majesties Defendant is charged to rearm the Canous non-sence Canons your Majesties Defendant humbly entreateth that they may be perused and it shall appear that it is against sence and reason that for saying There is any thing in the Book of Common-Prayer repugnant to the Scriptures a man should be excommunicated ipso facto Can. 4. since themselves confesse that all things therein contained are not warranted by the Word Also by the 8. Canon they are excommunicated ipso facto that try or call in question the Calling of the Hierarchy Also by the 19. Canon there must be no diminishing of any part of the Service in regard of preaching or any other respect and yet preaching may be omitted It seemeth also Non-sence that Ministers are forbidden by fasting and prayer to exorcize or coÌ„jure out the Divel without licence obtained from the B. and that on pain of deposition but so it is ordained by the Canon 72. The passages of which Canon seem very strange
he intimateth nothing in these words but this That high and inveterate evils such as we labour of require much yains wisdome and skill for the curing of them 21 Lastly for all the things asserted by your Majesties Defendant in the said Book for the qualification of them from peremptory Assertion your Majesties Defendant hath recourse to that phrase in the Preamble to the Parliament page 3. As we conceive As for your Majesties Defendants offers in the Epistle to the Reader to make good the things asserted It is to be understood but quoad posse whereunto your Majesties Defendant shall in all loyal humility be ready to shew his best endeavour and where it hath been alwayes the practice of the Reverend Fathers of the Church to convince by reason and not prison your Majesties Defendant humbly desisireth that some of the Prelates would be pleased to take away his grounds and shew him better where if he be convinced by falshood or errour by sound reason your Majesties Defendant shall both heartily retract and humbly beg pardon As for the evils charged upon your Majesties Defendant in the said Information this your Majesties Defendants Answer as he hopeth shall cleere his innocencie This Defendant humbly confesseth the writing of the Book mentioned in the Information But this Defendant saith he did it beyond Seas out of his Majesties Dominions and that not out of any such malitious or seditious humor as is alleadged in that Information But being perswaded in judgment fearing in his apprehension that some great inevitable evil was toward us except by reformatioÌ„ it were prevented as the Book at large specifieth He was moved in CoÌ„science with the poor man in Ecclesiastes to set all his thoughts on work how under correction he might cast in a voyce for the safeguard of our Sion not being moved thereunto by any sinister respect as hatred or neglect of any or self-reflecting end but he intended only the Glory of God the honour of his Soveraign the good of the Nobility and of all his People Dominions For all which he is not only ready to neglect himself and his as hitherto he hath done but also if need be to sacrifice himself upon their service Further this Defendant saith that he intended the said Book only for the Parliament and therfore printed not so many Copies as are laid down in the Information almost by half the number Namely between five and six hundred which number as this Defendant conceiveth was not sufficient to shew the severall Members of both the Houses of that high Court of Parliament being a Body politick as this Defendant conceived to which the meanest Members of the Common-wealth might intimate their cares and feares concerning the dangers or deliverances of the Common-wealth being the Mother of us all and these pious Ends and Intentions this the said Defendant expresseth in his Preamble to the Parliament and sundry other Passages of the said Book leaving the successe unto God the Author and Moderator of all good Intents and Actions submitting also both himselfe and the Book unto the approbation and censure of that Honourable and High Court Neither did this the Defendant bring or cause to be brought any of the said Bookes or Copies into the Land but it was the Defendants speciall care rather to suppresse then to divulge them And this Defendant further saith he willingly and humbly confessed the composing of the said Book sub sigillo Mandati Regis under the favour of his Maj. special Command from whom as an Angel of God he could conceal nothing notwithstanding that the said Defendant was confident at that time that no creature could accuse him of composing of the said Book At which time this Defendant also professed that it could not stand with the honour of his Majesty that a humble and voluntary minde under the favour of his gracious Clemency should accuse or condemn though there were delinquency but that it should rather graciously protect or pardon and this this Defendant conceiveth to be free from from Principles of Divinity Maximes of Theames Rules of Reason and instances from our own and forraign Histories especially from the Kings of England and Scotland his Majesties Ancestors A touch whereof this Defendant humbly entreateth leave to deliver to this honâ—rable Court Neither doth this Defendant wave the said Confession any wayes to reflect upon his gracious Majesty but since he is inferiour to no Earthly Power in all Royal Graces wherf he is the Ocean pâ—y moderatâ—â— inenipatum tutelaâ—â— he hath recourse to the Sanctuary of His Majesties Royall Favour This Defendant further saith that he neither delivereth the things contayned in the Book nor undertaketh the answer afore the particulars laid down in the Information by way of peremptory assertion But this qualification still to be understood as is expressed in the Preface of the said Book to the Parliament page 3. As he conceiveth Further this Defendant saith that he is unstained to this defence or qualification of the things laid down in the Information by reason of his said Confession made under his Majesties speciall Command and taken by his Majesties Attorney-Generall For as this Defendant conceiveth that where there is confessio fracti there must be either defensio juris or agnitio culpae he is in all humility and duty to the truth put upon the best defence or qualificatioÌ„ in the said particulars that he can possible make but if this the Defendant hath erred in judgment as who may not c. upon the discovery of it by cleer and sound Reasons he shall be ready both heartily to retract and humbly to beg pardon For as the ingenuous and free Soule holdeth no Truth so weakly that any flax or affliction can fire it so it holdeth nothing so confidently but sound Reason may over-rule it As for the integrity of this Defendants affection to all from the highest to the lowest if his heart deceives him not he may take heaven and earth to witnesse of it Further this Defendant saith that by reason of the distraction of his Councel assigned he could not have them to meet or agree on putting in his Clause according to an Order from this Honourable Court he adventured to present this weak and informall Answer and that by reason this Defendant is not versed in this Element All which things this Defendant humbly offereth to the favourable consideration of this honourable Cout And so under favour he cometh to the particulars I had Counsell allotted who acknowledged the Equity of my Cause and freedome from Guilt but they durst not plead and so I was ordered to put in mine own Answer First began the A. G. Quam facile crat in absentem prostratun accusatorem acerbius agere an easie thing for a man of his place and gifts with nipping Scoffes to tryumph over an absent and prostrated man both under the immediate hand of God and the armed wrath of cruell Enemies If a man
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 câ—i compeâ—it deâ—â—nitiâ— competit deâ—â—â—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 Libeâ—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 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 debâ—nt ampliantur beneficii Senec. They who deserve highest punishments are laden with heapes of Benefices saith Sencoâ— 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 imaginâ—m gerabaâ— 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 Medeâ— and Persians which are unalterable * supremam popuâ—i salâ—â—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 sanâ—tiâ— sanâ—ti juâ—ence â—onesta prâ—â—ibens contraria Fortescue in comondation â—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 â—a qui saciâ—nda sunt prohibetque conâ—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 * â—â—x non esâ— sâ—itum abquod populorum seâ—â— ternam quidâ—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 and the Effluence of things theÌ„ce 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 Law-giver 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 1â— 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 Intimating thereby Mr. Perâ— 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 Offâ—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 mâ—n then they innovate
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 Magâ—â—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 1â— 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-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 spiritâ—â—libus faith Brâ—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 â— 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 secuâ—ar cares And was not this a shrewd seeâ—â—â—r Businesse and to give judgment on a dâ—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 Bloâ—â— or be present where any such Censures be given If Beâ—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 quaâ—â— anatomia but rather Butcherie then Anatomie God made the Ear and not a mangled stiâ—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 otherâ—â— 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
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 Vdals 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 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 Bâ— 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. VVâ—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 dreadfullâ—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 Tyberiâ— who though he loved wine yet in respect of his thirst of Bloud he was said to loath it fastidit vinum quia jam sitit istâ—â—ruâ—râ—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 â—ut my â—ares to sâ—it my nose to brand me in the face to whip me at a pâ—st to stand on the Pillory ten thousand pounds finâ— and perpetuall imprisonment and all these upon a dying man by appearance Instant morientibus ursa 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 O curva interris anima * Ambros de Offic. Non est gloriosa victoria vbi non est gloriosum certamen 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 Lawes * Judicium debet precedere deliberatio causa cognitio idque secundum legem that mature delâ—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 diâ—proving of the proceedings is from the â—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