received the same cannot but know he was Conscientiously loyal and constantly faithful to the Kings Majesty and his Interest in these Kingooms he having manifested the same beyond all possibility of denial by any by his retaining his Loyalty and adhaering to the Exil'd King as his only liedge Lord in the very worst of times under our late Usurpers in his place and to his power opposing them disowning their Authority denying to subscribe the Ingagement of fidelity to them and declaring against it as sinful dissenting from and many times expostulating with his complying Brethren and ever refusing to concur in any Addresle or Application to them by his Sequestrations and many sufferings he received from them for no other cause then his Loyalty unto his Majesty then in a low Estate by his Sermons preached at Namptwich at West-chester at Caherine Coleman and Peters Church in Cornhill London rebuking the barbarous murther of his late Rebellion and defection from his now Majesty and perswading a penitential return of Allegiance to him our lawful Soveraign the which he enforced with many Pathetical and pregnant perswasive Admonitions publickly Printed and the same is made the more legible by the joy of such by whom he formerly suffered and with whom he now suffereth who now tauntingly insult over his present sufferings upbraid him with his past adherency to his Majesty saying Nothing but a King would serve his turn we hope he hath King enough now we well knew they who were so zealous for the King would fare no better then those that were against him These and the like Evidences of his sincere Loyalty are so notorious that we should labour without cause and to no purpose to specifie particular proofs his very enemies not being able to deny them That this man retained the same affection to his Majesty after his happy Restoration we need not inquire into his domestick Expressions of Joy and daily praises to God as evidences thereof the same having been amply testified by his Publick Ministry and the doctrine of Obedience and subjection to the King which he Preached at St. Antholines Church London from 1 Pet. 2.13.14.15.16 and the doctrine of Thanksgiving to God for so great a Mercy Preached on May 10. and June 28. 1660. at Buttolphs Algate immediately before and after his Majesties happy return from that Text 2 Sam. 22.48 49 50 51. And by the Doctrine of humiliation for the horrid Regicide the barbarous murther of his late Majesty which he preached from 2 Sam. 1.11 12 13 14 15 16. On the 30th of Jan. the same year all which were they not too tedious for a discourse of this Nature we had thought to have inserted in these papers six out of those book notes which we took from his own mouth when he preached the same Thus much we will be bold to say that the expressions of his Loyalty in those Sermons were such as might vie with those who injoy the most of his Majesties favour and administer to all that know the man matter of amazement and admiration that he is resolved into such sufferings under pretence of Treason and disloyalty which must needs be the result of mistake or unkindness We cannot but admire with what honesty or modesty men do confound Mr. Crofton with those because professedly the same with him in Ecclesiasticks who acted or irritated open Rebellion against his late or present Majesty which his Soul ever abhorred or who did basely comply under our late sinful shameful revolutions with what face can men reflect the odium of these things upon the person who acquitted his Conscience and Credit by a constant and publique disavowing the one and the other and in his place declaring the sinfulnesse of both and whereof his writings do very plainly shew his dislike and detestation making it his business to vindicate the Solemn League and Covenant from the least causality of so sad effects affirming these to have been the perjurious violation of that We wish the Serious Reader willing to be satisfied in this particular to review his Analepsis pa. 7 8 15 16. Analepsis An elepthe pa. 17 18 c. Berith Anti-baal pa. 51 52. When we consider Mr. Croftons constant Loyalty and confessed vigour and activity in bringing back the hearts of his Majesties Subjects and reflect on his present sufferings We must confess we are not without fear that the envious Observation of some of his Majesties enemies may cloud the honour of our most Gracious King with the Oblivion of Joash towards Zechariah the Son of Jehoidah or the unkindnesse of Queen Mary towards Mr. Dobs and the Gospellers of Norsock and Suffock whom she Imprisoned and Pillored for only minding her of her promise to them passed for the clearing her passage to the Crown The only matter our best enquiry will give us to understand or our selves can rationally conjâ—cture as an offence chargeable on Mr. Crofton is the Affirmation of the Obliging force of the â—olemne League and Covenant and in order thereunto observing and arguing the Legislative power of the two Houses of Parliament without the King These two we confess are Legible in those writings which bearing his Name in the World are reputed his These Books we have heard were Objected to him without any specification of any thing or word Offensive or Trayterous when he was Committed Prisoner to the Tower Concerning these Assertions we humbly offer these things to be observed which we conceive to be worthy a due and serious consideration 1. First Mr. Croftons Affirmation or rather Argumentation of these principles was before the same was Interdicted by ay Law or Authority and if without offence we may observe it when it was a duty imposed on all his Majesties good Subjects required to use their utmost endeavours to promote the ends of the Covenant and that as an evidence of their Fidelity to God and their King by his Majesties Royal Declaration transmitted out of Scotland and which we have heard was delivered to Mr. Crofton by a Colonel in his Majesties Army marching to Worcester with an express charge to believe and pursue it as his Majesties expresse Pleasure We are sensible the affirmation of these principles is now forbidden by a Law and is punishable by a Premunire in such who shall affirm them or either of them after the 24th of June 1661. But in Mr. Croftons Case we cannot but observe his Act was in August September and October many moneths before the Law which doth forbid it What is a Premunire by the Laws we conceive could be no Treason before the Law was made Where there is no Law there is no Transgression it is an advise worthy a King so just and wise as was King James his Majesties Grand-Father and to be ever Remembred by all Princes and Ministers of Justice Proceed judicially and spare none where you see cause to punish But let your proceedings be according to Law and remember Laws have
their eyes in their fore-head not in their neck for the moral reason for the punishment of vices in all Kingdomes and Common-Wealths is because of the breach of the Laws standing in force for none can be punished for the breach of Lawes by Predestination bâ—fore they were made That Mr. Crofton was committed to Prison for this Cause might be reputed an Act of Prudence but that he is nor enlarged now that his Spirit and Principles are under the Restriction of a Law seemeth to us something hard and unpolitique the rather for that a Royal command is fairly pretended to have engaged him in this contest and that he did it before the bring oâ— that Law according to which Justice must acquit him if he had been a Transgressor thereof more then the time thereby directed for prosecution having passed between his Act and Commitment and more then twice as much since he was confined and yet no legal process hath past against him 2. Mr. Crofton hath as a Divine Disputant and Casuist affirmed these Principles as Weighty and Importart but doubtful and undetermined by any good and Just Authority He therefore having used the freedom and confidence of a disputant in his discourse doth conclude his Argumentation with this profession Might my poor weak papers provoke more serious Casuists in good earnest as before God and in the dread of an Oath to state and by right Religious Reason resolve this case of conscience though in the negative I had obtained my desire and if I know mine own heart none shall he more ready then my self to fall down and worship and confess God is in you of a truth We have not known that in any well-governd Common-Wealths nor can our reason conceive that Logical Dispute and Casuistical Debate of things weighty doubtful and not prohibited was or could be Judged any crime much less a crimen laesae Majestatis We hope we may without offence observe that the earnest opponents of the divorce of King Henry the 8th and the Title of Renouned Queen Elizabeth to the Crown of England or any of them were not for the same Apprehended or Imprisoned as Offendors until after that the Law the mature and deliberate debates by both Universities all the Casuists in Christendom and the Estates of Parliament having first cleared and concluded the question disputed had duly interdicted the further debates concerning those matters The Obligation of an Oath in which God is immediately concerned we think we may say with confidence is not inferiour to the most weighty of these cases and no man can or will deny Disputation is directed by God and nature and used and allowed by all Men and Nations the Barbarous Turk and in cases of Religion only excepted as the only ready and rational means to discover truth and disperse such clouds as darken the same Confutations of fury and false witness are registred Comments on the ignorance and impietie of Stephens Antagonists and of fire and force is the high dishonour of Queen Maries Reign the same better beseeming the wilful malitious obdurate Jew and blind bloody Papist then the Rational Religious Christian and reforming Protestant whose onely Honourable warfare hath been ever managed unto good success by Argumentation enforced by Prayers and Tears as their onely Weapons 3. Mr. Crofton did not first begin and set on foot this Dispute This controversie was provoked by the Reverend Bishop of Excester Dr. John Gauden his Analysis sounded the Alarm and challenged all men who feared an Oath sacred in its nature and the onely security of humane Order and Societie especially Ministers the Guardians of truth and guides to dutie to appear unto the defence of the since condemned Covenant Mr. Crofton indeed forward in zeal and having improved this Oath to the advantage of his Majesties happy return did first step forth and with all sobriety receive and repell the Bishops first assault the which the Dr. enforcing a second and third time he resisted with more Logical and Theological strength taking the Principles from Grotius the Civilian the learned Sanderson now Bishop of Lincoln the Casuist and Sir Thomas Smith Horn and Fortescue the Lawyers best acquainted with the constitution of the Government of this Kingdom the which he useth as his Medium by which to conclude his Argument So that it is visible to all men that Mr. Crofton is defensive in this whole debate and is no further criminal then in suffering his Reason to infer and relate the conclusion which the principles approved by all men and asserted by approved Authors do enforce Civilians do conclude defensive to be the most if not onely lawfal War Our Law and Reason doth conclude in all Quarrels the offence is in him who gave the first blow and began the Fray no man was ever found guilty of Murther or Treason for killing a man se defendendo the heat of the Chase and chance of Hunting acquitted Sr. William Tyrrel from the guilt of Treason or Murther though he slew King William the second and men of Ingenuity will acknowledge it to be a most fair candid and clear conquest which is obtained by the Sword of Goliah the enemies own weapons whilest premises stand approved other men will not want Mr. Croftons reason to infer the conclusion nor can they think this common Act could be in him a Capital crime We cannot but acknowledge the Wisdom and justice of our late Martyred Lord King Charles the first who determining to silence the Arminian Controversie which then disturbed the peace of the Church did first by his Royal Proclamation call in the Book Appello Caesarem published by Dr. Montagne Bishop of Chichester as that which was the first cause and gave occasion to those Disputes and Differences which troubled the quiet of the Church We dare be bold to avouch it that if Dr. Gauden had not appeared against Mr. Crofton had not in this way appeared for the now condemned consumed League and Covenant and we hope we shall not have cause to think the Bishops Analysts was let loose to Ducquoy the sober serious conscientious and sincerely Loyal Covenanter into a snare of Destruction by a Disputation of a matter so weighty and undetermined 4. Although Mr. Crafton may in this Dispute have strained towards one extream and seemeth to have attributed more to Parliaments then what doth appertain unto them which is the ordinarie infortunium of a Dispute yet he hath not in these wrightings uttered any expressions of Disloyalty or disrespect to the Kings Majesty or of advise and provocation unto tumult and disorder in the people whereby his Majesties Person Crown or Dignity could be endangered or the Peace of the Kingdoms be disturbed But on the contrary they contain in the general scope of these writings besides many particular expressions thereunto conducing the greatest evidence and security of Loyalty to the King and peace unto his people that can possibly be given as an evidence hereof we
Mr. Croftons Case SOBERLY CONSIDERED plainly Stated and humbly submitted to the consideration of JVST and PRVDENT Men. MADE PUBLIQUE To Silence Clamor Correct Mistake and Acquit him from the Charge of High Treason Vrged by Tho. Tomkins Fellow of All Souls Oxon. and others in their Frivolous Scurrillous and Invective Pamphlets Eccles 8.14 There is a vanity done upon the earth that there be Just men unto whom it happeneth after the work of the wicked Isaiah 59.15 16. Truth faileth and he that departeth from evil maketh himself a prey and the Lord saw it and it displeased him that there was NO JUDGEMENT and he saw that there was NO MAN and wondred that there was NO INTERCESSOR LONDON Printed for the Authours 1661. TO THE Right Honourable EDWARD EARLE OF CLARENDON Lord High Chancellour of ENGLAND May it please your Honour ALthough the Confinement of Mr. Crofton seemeth to pass with the least regard we cannot but with grief observe it hath not the least reflection on the Justice and Honour of his Majesties Government The person being known to have asserted and adhered unto his Majesties Just Interest in the worst of times under and against the late Vsurpers and their base Complyants and Confederates unto the loss of his Estate and Liberty and Hazard of his Life nor is any Defection in his Loyalty visible to men who can see no cause for his present Bonds save the Casuistical debate of the Oath the Providence of God had brought on this Kingdom and that before it was interdicted by any Law We cannot but be afflicted to consider the insultation of his Majesties known enemies in the sufferings of this man his Majesties known Faithful and Loyal Subject who observing him to suffer with them and more then the most of them according to their Blasphemous Argumentation from providence conclude not without reproach to his Majesty that his present bonds is Gods punishment for his active endeavours for his Majesties most happy restauration reputing his zeal therein to have been his most grievous sin which notwithstanding we are well assured his heart doth abide most upright and sincere towards his Majesty We have in silence long expected some Ebedmelech in the Kings Court to procure his discharge from his Dungeon and conceived some by the duty of their place bound and better capacitated then are poor we would have appeared by way of Apologie for his innocency but have been therein failed least therefore God should say and wonder there was no Intercessor we have presumed to break silence and make Publique our apprehensions of his Cause and Case submitting the same to the censure of Just and Prudent men It hath Right Honourable been suggested to us nor have we been void of fear that this Apologie for our Friend might prejudice him and endanger us though we confess we can conceive no cause thereof save that irrationalitie and injustice which judgeth Truth to be treason which we dare not but think is a stranger at and kept at a distance from our Kings Court we profess our deliberate thoughts conclude Magna Charta and the Petition of Right shall be as soon violated and the Prisoners humble demand of an Habeas Corpus be determined a crime as this plain naked representation be reflected to his damage or charged on us as an offence We observe the Quakers and others do with much boldness publish their Cases without Control and we cannot suppose this course more offensive in Loyal and sober Presbyterians nor can reason condemn us for vindicating him by that way whereby Tomkins and others have defamed him We are not much acquainted with the Laws nor do we understand how far some late Laws may extend but we profess our selves men of Conscience and fly to Your Honour as Judge of Equity We have indeed considered our Friends Case as it hath been represented by Vulgar Clamor and Scurrillous Pamphlets because we can know it by no other means no Accuser or Accusation having appeared against Him which if there ever do we shall leave Him to Answer and do not doubt but He will fully acquit himself Our Consideration is such as we fear not to Tender to Your most serious Scrutinie with an assureance of a most Wise and Just Decree upon it so far as Your Honours Power doth extend We want not matter of Clamorous complaint concerning the hard Vsage of our Friend in this close Imprisonment Where by perdidit patriam domum familiam imo ecclesiam cultumque Dei publicum A manifest Bondage the Illegal disposing of his Church immediately on his Confinement to the depriving of him of all possible means of Subsistance to himself and numerous Family and that without allowing him the maintenance he ought by Law to enjoy whilst His Majesties Prisoner And the many tedious chargeable and what 〈◊〉 worse bootless applications by humble Addresses and â—â—…any Submiss Petitions never Answered But these we â—â—…ve being unwilling to reflect on Persons or Personal 〈◊〉 〈◊〉 and convinced Our Friend suffereth by mistake 〈◊〉 〈◊〉 â—…pprehension of what he is and what he hath written the which being hereby made manifest we most humbly pray it may and cannot doubt but it will obtain Your Honours most Favourable Mediation to the Kings most Excellent Majesty for the discharge of his long Imprisonment VVe will not further trouble Your Honour save to beg Your Pardon for this over bold Address constrained by compassion to our Friend and Conscience towards our Righteous God May it please Your Honour We are Your Honours most Humble Servants Hugh Griffith Henry Hall James Green Thomas Eaton Mr. Croftons Case Soberly Considered plainly Stated and humbly propounded to the Consideration of Just and prudent men MR. Zechariah Crofton Minister of Botolphs Algate London now is and ever since the twenty third day of March 1660. hath been a close Prisoner in the Tower of London not permitted pen ink and paper nor any other way or means whereby to plead his own cause or vindicate himself from the calumnies cast upon him by the tongues and pens of violent and unreasonable men we therefore conceiving our selves as fellow subjects interested in his restraint And as men and Christians bound to Plead the cause of the oppressed and to do as we would be done unto and observing that trembling stupendious and God-amazing silence which hath seized upon such who in point of duty and ability are more capacitated and charged to plead the cause of the poor then are we our selves have presumed to enquire into and represent to others his case and condition in reference to the cause of his present sufferings which we are convinced are continued upon him through misapprehension he being reported and concluded to be what indeed he is not Although every tongue and pen can now call him by no other name but Traytor such as have known the man his principles and practises yea and suffering and observed from what persons and for what cause he