Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	law_n	lord_n	4,135	5	3.8427	3	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

to be Servers of Christ by coming to the Church c. though nothing lesse Let such an one I say be noted for a Schismatique and avoided The third thing S●ct he taxeth me with is Treason against the King For branding me unjustly with the other two Namely Blasphemy and Schisme his ignorance in tearms of that nature might seem in tanto though not in toto to excuse him For I take him as P●racess●●● spake of Quacks to be Iulia●●m Theologum But to put Treason upon m●e must either evince that he hath never throughly perased my Book nor weighed my Cause in a true Skale which a man of his place should do before he judge or otherwise it must appear that ded●ta opera he accused me of that for which he hath not the least appearance of ground First Is it likely that I standing out this thirty years against my world●● preform●nt the advancing of my Childrens good and that in tendernesse of Conscience should at last wrap up all the rejoycing of my Sufferings in the Black and ignominious Veile of horrible and damnable Treason I might answer him in the words of Secrates to a Persian Ambassador folliciting him to Treason in the behalf of their King When he was eating Cabbage to his Dinner * Audite inquit an hoc prandium proditorem facit Valer. Max. lib. 7. observe saith he if this kind of Diet can make a Traytor Traytors are fatte● in the Rib then I and look for greater matters then I doe Secondly my heart beareth me witnesse and God himself who is greater then my heart Sect. that I have ever accounted and do account the Kings Majesty the Annointed of the Lord the very Bre●th of our N●str●●s and as I have often protested I esteem the least particular conducing to his Being or Well-being better then my life and the life of all mine and many thousands and so I hope it shall appeare against all opposition when Truth by Time shall manifest it self Thirdly Let the Book be tryed by judicious men Sect. though partiall to the Cause if either vola or ves●●●gi●m of Treason be found in it I desire besides what I have suffered to dy the most shameful and bitter death that could be thought on against any Traytor Fourthly and lastly If I be a Traytor against the King Sect. why did they not proceed against me as a Traytor according to the Lawes of God and of the Nation As Treason is a Sinne of the highest name * 2 Tim. 3.4 whether it be immediatly against God as Idolatry or against the Kings Person and other Appendices So there be condigne Penalties both by Divine and Humane Lawes inflicted upon it Witnesse Amaziahs dealing with those that killed his Father * 2 Chr. 23.5 and also the Peoples exact revenge taken upon the Murtherers of Amon * Cap. 33.25 witnesse also the Lawes of all Nations of ours in particular against such Imma●e and prodigious Persons with their severall Penalties instance for all that exact and duly deserved Justice that was done upon the bloody Regi-cides and Pari-cides upon that thrice learned Majestick King King Iames the first of Scotland of which Aeneas Silvius afterward Pope Pius the second was an Eye witnesse being there for the time who much commended the Nations Wit in devising such exquisite and answerable torments and their love in inflicting them to a haire If any happily reply that it was the Kings mercy to alter the case and that I should suffer in this sort in stead of punishment due to Treason To which I answer as I did in publique presence that if I might have but a due Tryall at Common-Law and if I perished that way I would think it in favour howsoever So in this case I may say with Seneca * Beneficiam in vito non datur A forced Benefit is no Benefit when a man may not chuse especially in two Evils it is a poor Benefit Secondly I am perswaded that herein his Majesty is abused For how can they change the Guilt and Punishment before the Guilt be known and how can it be known before the Law try it And further where the favours of Kings are free and Accumalative But this kind of Commutation is into a Punishment more bitter then death and for shame and ignominy what more can be If it were not the glory of the Lord that resteth upon the Cause and so turnes the shame of the suffering into glory Lastly if I had dyed I could have forfeited no more then I had But to the rest of my sufferings they added that wherein I could not ●uffer Namely they fined me ten thousand pounds though the Judge said he thought in his Conscience the Sneak was not worth so much And was not this Proportia asimetra I am sure it was neither Gramatrica nor Arith●●●tica or to speak In Law was it Salvo Conten●m●●to but to leave Suppositions and Probabilities Let his Lordship give me leave to deal with him obsigu●●is ●abulis all the Statutes against Treason cleer me of that Crime First am I guilty of attempting any thing against the King or Queens Person or the Persons of their Princely Issue Levying of Forces counterfeiting either of the Seales bringing in of counterfeit Coyn killing a Judge fitting in his place as the Butcher would have done forging the signe Mann●ll clipping of Coyn have I prejudiced the Kings honour Have I entred on any Castle or Ship c. Have I concealed Treason or any Bull from Rome Have I set any at liberty committed for Treason by the Kings Commandement No verily Heaven and Earth shall cleer me of all Then not guilty of Treason or misprision of Treason for those are all the severall kinds in Effect that are condemned by the Statutes here quoted * 25 Edw. 3.2 1 Mar. 6.1 2. P. M. 3.14 Eliz. 11.3 Edw. 6.11 c. But to come close unto the Particulars concerning words spoken against the Soveraign for the time being There be two Statutes especially remarkable the one of which is that ●3 Eliz. c. 2. in hoc ver●a If any man shall advisedly and with a ●●l●●ious intent devise Writs c. any manner of Book Writing c. containing false seditious and slanderous matter to the defamation of the Queens Majesty or to the encouraging stirring or moving of Rebellion or Insurrection within this Realm he shall suffer or forfeit as a Fellon Before this Statute enacted words of this nature were not Fel●ony as appeareth by the Censure of Mr. Stubs of Lincolns-Inne upon the oc●●sion of whose Fact this Statute was made no terrifie men from writing slanderously of their Soveraign Let my Book be laid to the Statute in the strictest kind of Tryall so it be true it shall evidently appear that neither for matter nor manner I do infringe the Statute and so am no Fellon much lesse a Traytor The other Statute is conce●●ing words of

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

enim maligando so called from brinding to obedience and how can they love or obey that which they have not * Nihilaema● tum nisi cognitum A second Reason from the nature of the Law * Lex est regula● mensura actuum agendorum vel ammittendorum Thom. prima The Law as the School-man saith is the rule or measure of things to be done or left undone Now how can any man high or low square his actions by that which he knoweth not A third Reason is from that common Interest that all have in the Law as the greatest good that they can lay claime unto * Lex enim populi salus suprema The Law is the highest pitch of the Peoples safety And how should they esteeme so highly of it without some knowledge of it Yet notwithstanding all this there is not a like knowledge required of every man but according to his Place and A staires And as for my self if I were so ignorant First why did he passe so cruell a censure upon me * Cum caecit as sit pars innocentiae since Ignorance is some part of Innocency especially where there is no evill intent Secondly why did he not demonstr●tively convince me either of forging Authority or of misconstruing of the Law Neither of which I hope he was able to do yea be it spoken without Arrogancy I have not only read the Statutes but also I can give some account that I have perused the best Common-Lawyers and Civilians and some Canonists that are extant and to abuse mine own knowledge or a State upon any by end which I have not I account it impious But to be brief if Vox populi be true hee was not guilty of much Law But for his Learning all must give him his due Egregius homo usque ad Dover Further for his invective speeches as they were very violent and unbeseeming a Judge So of them I will say no more but this according to that experimentall rule of Hypocrates * lib 5. Ep. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the mans tongue cast his water Now I come to the last passage of his speech Sect. containing the sad Castrophae or shutting up with an heavy and bloody Censure which made the standers by to shudder as my relator speaketh of himself Yet his hope was it should never be put in execution and indeed I hoped no lesse till the Hierarch● made way for the Execution and the Writ was out For I conceive that men could not so farre ex ver● homines cast of humanity as to inflict harder things upon a man and his family then death it self But as it was a shuddering Sentence so it was as cruelly executed of which more hereafter I insisted the longer in this tongue-assault because it took up a great part of the time Divers others said somewhat being drawn to it rather by the Prelates grandure than out of any stomack they had to it CHAP. V. SEcretary Cook fell upon the Point of Iure Divino and citing Lane sius his Agency for the Pope in the Councel of Trent against that Tenet he was forced by the truth as the hearers said to acquit the defence of Iure Divine I will passe the rest and come to the declamations or rather exclamations of the two Prelates Dr. Laud and Dr. Neile from whom and by whom the whole hu●●nesse was driven along To begin with Dr. Laud then B. of London the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or great and angry B. indeed with a dangerous sting After the Judges and others had spoken hee fell on with a discourse of almost two houres long with which as some said all the Hearers were wearied But passing the Particulars of his Apologetick Preface and also the bitterest of his invective Charge against me and my Book wherein he invented much choller and little truth I will onely point at such particulars of his Charge as at the very relation wherof truth shall be ready to acquit me in the judgment of all ingenuity In generall he said it was the most false seditious and inhumane Pamphlet that he had ever seen comparing it with others of that kind as he called them Further he accused me of Blasphemy of High Treason and other Nominals none of which he could prove of all which I have quit my self sufficiently I hope in my Answer to I. R. his Accusation and also in mine Answer to the Information He told the Court of another Book done by me called the Looking-Glasse of the Holy where which he confessed was somewhat milder yet notwithstanding his late Majesty King Iames would have hanged him said he if he could have been found And that I went over the house top with a naked sword in mine hand * lib. 3. de Rep. Plate giveth way to Physitians to lye for their Patients good But for one that will be a B. falsly to accuse it is very soule It is true I wrote that Book in the behalf of the late King and Queen of Bohemia and without Ostentation be it spoken it hath found respect from many Nations It cost me indeed the on-setting by-charge paines and sufferigns For by the suggestion of the Co●d●marian and Prelaticall Faction the Stationers entred my house took away my goods carryed my wife and divers of my Family to prison only my wife fainted by the way they left my young Children in the channell● and all this they did without Warrant or Officer appointed which manifest wrong I hope the high Court of Parliament will redresse But for his late Majesties indignation against me it was a meer suggestion for His Royall Majesty was my onely refuge in whose presence and sight I was frequently in the height of my Troubles He was graciously pleased to peruse the Book and out of his gracious favour to give order that neither Prelates nor others should trouble me any further And that the equity of my Cause and the grosnesse of my Wrongs put upon me may the better appeare the first high Court of Parliament called by our Soveraign Lord King Charles did promise that I should have a speciall hearing and iust redresse He taxed me with Ignoran●e and bare pretence of Learning affirming the Book not to be of my doing for all the rare wits saith he of the Land for Law and Divinity have been at the making of it If I made the Book as indeed I did then hath not his Lord●hip Learning enough to keep himself from a contradiction It seemes the commendation of the Book was Reflexive upon himself that he might seem at least to confute such an universall piece But it hath stood ●●rme yet against him and all his Archers I thank my God who with the little Learning given me● hath inabled me to make good what I hold which he cannot doe if with Moses he were vers'd in all the Learning of the Egyptians The Learning and Place of a B. indeed should rather have used

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

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.