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cause_n	efficient_a	form_n	matter_n	3,803	5	6.2043	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 VV●e do no● rea●e of greater persecution higher indignity and indemputty done upon Gods People in any Nation professing the G●spel then in this our Island especially since the death of C●een Elizabeth and that the Prelates are men of Bl●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 whō 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 Tha● Ministers should have voye●s delibe●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. Wick●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 you● 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 cōjure 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

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 ● 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

to the Crown Was contented rather to lose his place then to part with a good Conscience for which his Posterity hath prosperously flourished till this time But on him who for his place was content to condemn the Innocent the Lord revealed his wrath indeed in plaguing of his Postestrity and so much for the Innovation of the Laws The last particular of this long charg is Sect. that I am a factious Person in the Common-wealth Respondent ulti●a primis the last is like the first When accusations come from men of place from whom nothing but sacred truth should proceed they ceize deeply upon the Accused being brought low in the eyes of men how soever they be guiltlesse both in Gods eyes and in the eyes of all that are impartiall It is an ordinary course in such Accusations to use words of courses which being many in number and wanting weight of proofe sunt sol●is le●●●●a caduci● of themselves they are lighter then fallen leaves How soever accidentally they damnisie the Accused Now to cleer my self of this as of the former according to the course that I have taken in the rest Let us consider what Faction or a Facti●us Person is for as my Accusor should have cleered the Crimes charged upon me by giving a definition or description of them and so according to the nature of a definition * Rem definitum prosequi dum proprium efficiat●r lib. 2. de demonst c. 14 ●it 17. is to prosecute the thing desined till it plainly appeare to agree properly to the Party spoken of But as I am not gvilty of the mater nor charge with it methodically so I follow a cours by way of Definition to acquit my self of the mater charged upon me namely proving directly that the thing defined toucheth not me N●m eni non competit defintio non competit definitum Faction with Lawyers and Polititions is either taken in the better or in the worse sence In the better sence it is ether taken so simply or accidentally the former of these is defined thus by Polititians * there is one kind of faction which defendeth the Lawes and Right of a Weale-Publiqve against all uniust oposers of the same And this is the best or an approvable factions Of this kind of faction I desire ever to bee and all good Subjects should doc the like so farre as place and power calleth them * Nam nati sumus potius Reipub. legibus quam nob is ipsis We are rather borne to the Republique and the maintenance of its Rights then to our selves The latter kind of good faction consisteth in the devision of families or men of note in place evil in it selfe yet accidentally good because it poyseth the adverse faction To this purpos speaketh that great Ropsodian in Rep * diverse factions so they move not sedition are to be tolerated in a common-wealth because by this means the State may be better tempered and kept as it were in an equall ballance Instance in Rome the Tribunes of the people kept the Consuls and the Senate in an Equilibrie So in England under Queen Elizabeth and other Princes by divers factions the State was Poysed howsoever the parties in their divisions had their owne particuler ends And this is that concerdia discors that keepeth the State in tune and temper The second sort of faction is evill continually and co-incident with sedition though in some particulars they differ there is a faction saith a Statist that without just ground rusheth upon violent courses and this faction is sedi●●on if it be confirmed by Covenant it is called Conspiracy if by oath Conjuration where upon imediatly followeth his definition or descriptiō faction is a gathering together of more or ●●wer by Conspiracy the end or Issue where of saith Bodin is either the destruction of both or the advancement of the one party to the stern of Government For this there be a world of Instances as of that Faction of the Gwelph● and Gibellines that of the Samaritanes and of the Iewes and of the M●n of Iudah and the Men of Israel Tacitus gives a description of Factious Persons being base and poore in their privacies and having no hope to raise themselves but by the ruining dissentions of the Publique State they become deadly mischiefes to the Common good and therefore are to bee taken off The Grounds of Faction are Ambition or Sedition Avarice Hatred Discord and the like or dependenc● upon great ones whose Humour they serve and whose Discords they foment * Unde factiosi qui primates civitatis discordantes ctantur Hence they are called faction saith the Orator who follow the great ones of State in their discords and heart-burnings This ground of Faction was called by the Antients Ius Client●●a the right of ●●●a●ing or ad●er●●g to their Patron or Defender whose observancie they preferred before the League of Kindred and Friend hip Plu●arch in the life of Romulus treating of this Subject calleth such Clyentes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 willingly to come nigh or to adhere intimating the strict necessi●ude between such Clyents and their Patrons or Maintainers Iulius C●sar calleth these Clientary Coitions factiones factions Another main ground of Faction and the last that I will mention is Reward In such States or Kingdomes wherein Factions are ●●●●pened and maintained by Rewards there Faction or Sedition shall never be warting For that thing to which there is a gainfull recompence proposed must needs grow exceedingly be it good or bad To this purpose speaketh that universall Architector The Rise of Discord and Sedi●●● is from converting a Publique Right into a Private Now let me be put to tryall upon these particulars both from the Nature and Grounds of Faction as upon a competent Jury and then it shall evidently appear whether I be guilty of factious Faction or no. First was there any unjust cause undertaken or maintained by me or any that moved me to the work was there concursus ad vivum any violent manning out of the matter was there any Conspiracy any Conjutation was the ruine of the tottering State or rather the recovery aymed at by us Was a lawfull and necessary recourse in time of danger to the whole State representative a point of Faction Especially they being the great Physitians we being the Patients This recourse being the joynt priviledg of all good Subjects Lastly in matter and manner of our recourse nothing laid down but the very open and publike Diseases of the Church and State Proved invincibly from the Laws of God and Man pleading for nothing more next unto Christs right then the right of the King For the truth of all which and true intent in handling of it I call my Conscience to record and God himself which is greater then Conscience For which truth I also suffer and am ready by Gods assistance to suffer to the last if he think it good Now if this be to be Factious I

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

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 B● 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. VV●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 dreadfull●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 Tyberi● who though he loved wine yet in respect of his thirst of Bloud he was said to loath it fastidit vinum quia jam sitit ist●●ru●r●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 ●ut my ●ares to s●it my nose to brand me in the face to whip me at a p●st to stand on the Pillory ten thousand pounds fin● 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 del●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 di●proving of the proceedings is from the ●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

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 i● injustice and injustice with unjust Proceedings is Injusticia arm●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 ful●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 neglecte●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 no● 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 A●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 defensi● non● 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 At●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 unh●ard of Censure Polititians and Lawyers in their d●scoveries of C●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 L●yden with more then Ordinary aprobation as may appear Imitatu jan● 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.

against him by Sir Robert Heath then his Majesties Attorney-Generall whose dealing with your Petitioner was full of cruelty and deceit In the mean time it did more then appear to four Physitians that poyson had been given him in New-gate for his hair and skin came off in a sicknesse deadly to the Eye in the height whereof as he did lye Censure was past against him in the Star-Chamber without hearing which hath not bin heard of notwithstanding of a Certificate from four Physitians and Ast davit made by an Attorney of the desperatenesse of the Disease But nothing would serve D. Lawd but the highest Censure that ever was past in that Court to be put upon him and so it was to be inflicted with Knife Fire and Whip at and upon the Pillory with ter thousand pound Tine which some of the Lords conceived as he exprest himself to a man of note should never be inflicted Onely it was imposed as on a dying man to terrifie others But the said Doctor and his Combinants caused the said Censure to be executed the 26. day of November following with a Witnesse for the Hang-man was armed with strong drink all the night before in Prison and with threatning words to do it cruelly Your Petitioners hands being tyed to a stake besides all other torments he received thirty six stripes with a terrible Cord. After which he stood almost two houres on the Pillory in cold Frost and Snow and suffered the rest as cutting off the E●●e firing the Face and slitting of the Nose so that he was made a Theater of Misery to Men and Angels And being so broken with his Sufferings that he was not able to goe the Warden of the Fleet would not suffer him to be carried in a Coach but he was forced to go by water to the further indangering of his life Returning to the Gaole after much harsh and cruell usage for the space of eight years paying more for a chamber than thrice the worth of it having not a bit of bread nor drop of water al●owed The Clerk of the Fleet to top up your Petitioners sufferings sent for him to his Office and without Warrant or cause given by your Petitioner set eight strong Fellowes upon him who tore his cloaths buised his body so that since he was never well and carryed him by head and heeles to that loathsome common Gaole where besides the filthinesse of the place and vildnesse of the company divers contrivements were laid for taking away your Petitioners life as shall manifestly appear if your Honours will be pleased to receive and peruse a Schedule of that subject Now the cause of all this harsh cruell and continued ill usage unparallel'd yet upon any one since Brittain was Christian was nothing but a Book written by your Petitioner called Si●us Plea against the Pre●aeo●e and that by the call of divers and many good Christians in the Parliament time● after divers refusals given by your Petitioner who would not publish it being done till it had the view and approbation of the best in City Country University and of some of the Parliament it selfe In witnesse whereof he had about 500 hands for revealing of whose names he was promised more favours by Sir Robert Heath then he will speake of But denying to turne accuser of his brethren he was threatned within storme which he felt to the full wherein through Gods mercy he hath lived though but lived chusing rather to lay his neck to the yoke for others then to release himselfe by others sufferings Further the Petitioner was robbed of divers goods by one Lightborn H●es Grave● and others Officers and Servants of the Fleet amounting towards the value of 30. l. for which Lightborn offered composition by a second-hand upon the hearing of the approach of a Parliament but your Petitioner notwithstanding his necessity refused to hearken to any such illegall and dangerous way To innumerate the rest of your Petitioners heavie pressures would take up a Volumn with which he will not burthen your Honours till further opportunity And therefore he humbly and heartily intreateth that you would be graciously pleased to take this his Petition into your serious thoughts and to command deliverance that he may plead his own cause or rather Christs and the States As also to afford such costs and dammages as he hath suffered in Body Estate and Family having been prisoner and that many times in the most nasty Prisons eleven yeares not suffered to breath in the open Aire To which give him leave to add his great sufferings in all those particulars some 16 years agoe for publishing a Book called The Looking-Glasse of Holy Warre Further as the Cause is Christs and the States So your Petitioner conceiveth under correction that the subject of the Book will be the prime and main matter of your Agitation to whose wisdome he hopeth the Book shall approve it self Also your Petitioners wearing Age going now in the seventy two yeare together with his sicknesse and weaknesse of his long distressed wife require a speedy deliverance Lastly the Sons of death the Jesui●● and Jesuited have so long insulted in their owne licentious liberty and over the miseries of your servant and others who forbearing more motives craves pardon for his plolixity being necessitated therto from the depth and length of his miseries In all which he ceaseth not to pray c. and. K●ssath your hands PROV 24.11 Will thou not deliver them that are drawn up to Death and those that are ready to bee slaine But notwithstanding of my inability the House could not prevaile by intreaty with Warden I●grano to let mee take a Lodging at VVestminster though he had ten thousand pound Bayle for mee as good as London afforded through which deniall I was almost killed with a Coach being on horseback towards the Fleet in the dark I received a dangerous wound in the fore-part of my Leg by the neglect whereof in following my Cause my life was indangered and so I lay by it ten Weekes not able to stirre abroad But before I took my Bed my wrongs were recognized and adjudged my Cause cleered and justified and that by as noble judicious just and impartiall a Committee as any State could afford The Inquiry was exact the Examination punctuall the Censure just the Report intirely faithfull the Order of the Honourable House answerable to the Premises and the Transmission to the Lords very just and equall Lastly they caused the Warden of the Fleet with much adoe to deliver up my Bayle So that after twelve yeares hard imprisonment I was delivered out of the Pit wherein there was no water for all which I humbly thank the great God of Heaven and do acknowledg my dutifull obleigement to the Honourable and High Court of Parliament expecting Execution which is the Life of Judgment FINIS Imprimatur JAMES CRANFORD May 22. 1646.