the Lawes indeed and thereby shake the Foundations of the Kingdom as it is in the same Psalme moned shall bee all the Foundations of the Earth * Psalm 82. as if the Prophet would say where men of Place will not undestand but pervert judgment and carue it against its owne intent and the intent of the Law-giver Upon the violation of these Lawes such disorders and disturbance of State shall follow that all helpes whatsoever shall come to ruine the Earth as the Prophet speaketh shall Reele to and fro like a drunkard and shall bee removed like a Cottage and the transgression thereof shall bee so heavie upon it that it shall fall and not rise againe * Vers 5. there is an absolute necessity of judges to declare the Lawes and to give sentence according to the Lawes as the Civilians and our owne Learned judges have it * Esa 24.20 it is little materiall that humane society enioy Lawes except there be men of place to declare these Lawes and to judge according and because affayres bee many Kings and States must have judges as hands and Eyes to discerâ—e and determine of Right * Parum est jus in societate buwana nifi fint qui jura diâ—â—â—t regere possunt and Wronge according to that Councell of Iethro to Moses * Exod. 18.6 where not only the necessity of such judges but also the due qualification of them is layd out as also * Deâ—t 1.13 they must bee wise men * Nam ignoraâ—â—cia judâ—cis est Calamitas innocentis Aug. de civit Dâ—i lib. 19. c. 6. the Ignorance of the judge is the undoing of the Innocent saith that learned father where by Wisdom they must not understand a bare speculative In-sight in the Lawes but such a speculation as is joyned with practise And therefore the Spirit of God useth two words to expresse the Knowledge of Judges Wisdome and Understanding where by the first the Interllectuall part must be well informed and by the other that Information must be well applyed to the Particulars in hand And this Knowledge and Practice as I take it is all one with that Courage which is required in Judges * Exod. 18.21 It is the same word that Pharoah useth to Iosâ—ph concerning his Brethren where hee asketh if they be Men of Activity Therefore Simlerus rendereth it well * Valentes ingenio Men of a dextrous VVit A great Civilian * speaketh elegantly and pertinently to this purpose A Judge must be seasoned with two sorts of Salt the Salt of Science without which he unseasoneth all and the Salt of Conscience without which his Knowledge is Diabolicall Judges also saith the Word must be men of Truth that is as the Learned say well * they must be true in VVord and Deed both to speak the truth and to practise it There must first be a diligent seeking out of it by all good evidences and then a judging accordingly secundum allegata probata as they say * yet never with the neglect of Conscience * Let them determine as it becometh them according to the evidence of things proved saith that great Lawyer Vlpâ—anus and that they may thus doe let them love the Truth as another Civilian saith upon this place or as Solomon Let them buy the Truth and not sell it as every Man should speak the truth from the very bottome of his heart So the hearts of the Judge should be the Cabinet of Truth And as Untruth should be odious in the mouth of every man so it is most abominable in the mouth of a Judge because it is countenanced from the place of Justice wherby the Name of God is blasphemed the Righteous broken the Wicked strenthened and the State ruined Auother Property they must hate Covetousnesse where the Phrase as Cajetan observeth is very emphaticall * â—Etfi sufficit alia non esse avarum though it be enough unto another that he be not covetous yet a Judge must be so far from Covetousnesse that he must hate it and abhor it As the word Batzah signifieth * Avaritia cupidi tate evertituus Judicium by covetous Desires judgment is over-turned saith a Civilian Augustine calleth the Covetousnesse of Judges * Noveram Jusâ—itiae nuâ—â—â—tricam Gehennae the Step-Mother of justice and the Nurse of Hell Iustiman drawes the Picture of a Covetous Judge to the life A covetous Judge delighteth more to look upon the Masse of Gold thâ—n the Son of Righteousnesse Plutarch tells us that the Judges of Thebe were pictured without hands Implying that they should be free from Gnifts which as Moses saith Blind the eyes of the wise and perverteth the words of the just A worthy Judge of our own simming out the lineaments of a Judge besides that freedome from acception of Persons he saith there must be in him * Avarus gratius intuetur auri molamquam Justiliae solem Novel 3. a diligent search and inquiry of all things to be judged and a just execution of things decreed * Diligence exquisitio oportet enâ—m Judicem cunâ—â—a ruminari c. And he gives Reasons for all these from Scriptures * Deut. 1. Job 29. 2 Chron. 19. â—â—amford lib. 2 c. 4. One thing more required and that is the Basâ— of all the rest they must be men fearing God The fear of God is the Foundation of all the other qualifying Vertues * fine hâ—c noâ—â— sunt verae virtutes sed umbrae without this the rest are not true Vertues but shadowes of Vertues Arm a man with Authority of Place if he fear not God * cuâ—â— ex pâ—tenciahomineâ— Gen. 20.11 since out of might he feareth not wrong what wrong may he not do Or what will he not do if occasion serve As Abraham looked for nothing in Gerar but some bloody death because the fear of God was not there So let no man look for justice from the mouth of that Judge in whose heart the fear of God resideth not For either he doth no justice at all but by wresting of justice turns it against those whom he should protect Or if they do any justice at any time not for Justice sake It is by the feare of the Lord saith the Wise-man that men depart from evill * Prov. 6.6 a vive Pattern of such a Judge Our Saviour relateth in the Gospel there was in a City a Judg that neither feared God norreverenced man * Luke 13. â— such a cruell and bloody Crew of unjust Judges not fearing God were the Chief-Priests Scribes and Elders * Matth. 27 who came together betimes in the morning and arraigned Christ and condemned the Innocent to dye Which Judges and judgment Hierome Chrisostome describeth prettily * Erat illie solum figurae Judicii reverae autem impetus suit latronum There was say they a shape or shadow of judgment but in very deed nothing but a violent
be for God it is the height of unhappinesse to play upon him yea though with Tertullus he could doe it with Eloquence * Psal 1.1 Iob. 16.20 Therefore Cassiodor speaking of an Advocate saith he should not be * Ad facetias ursus adfalendum vulpos ad superbiendum taurus ad Consumendumm inotaurus a Bear for tricks and quirks a Fox for deceit a Bull for haughtinesse or a Labyrinth to devoure in Psalm 73. especially where the Intentâ—ons of the accused are the good of Religion and Policy It is held a higher commendation in an high Advocate * that is as Tully expounds it of Coelius to defend better then to accuse In such a Case Potiorem sinistram quod dextram habere the same Orator in his Oration for Roscius makes a Goose the Hyerogliph of an Accuser * Qui obstrepat tantum noceat tamen rihil a voyce would be heard but not to hurt the harmlesse But not to insist if the pleading was no better then the Information layd as * Advers Haeres Lyriâ—nsis said of a Father in another Case it was but revâ—latis nuditatis a further discovery of his nakednesse for neither of both will hold out at the Tribunall of God before which we must all appear CHAP. IV. THe next in order was I. R. Strenuâ—â— Accusator as may appeare by stating of the Case under the name of a Crime * Est attributio alicujus Deo quod ei non convenit vel detractio ojus ab eo quod ei convenit then branching it out under the names of many Crimes As first of Blasphemy against God c. But as he saith much and proveth nothing so if to accuse be enough who shall be innocent First for Blasphemy Scripture Ethers School-men desi e Blasphemy against God to attribute of God or affirme of him that that is not agreeable unto him or detracting from him and denying of him that which is proper unto him Now what do I or my Book affirme of God that is Blasphemous If I were guilty of Blasphemy especially of that kind it were unworthy I should live A Blasphemer is the worst of all Creatures A mad Dog that flyeth in his Masters face or like a viperous Child that will pience the heart of his Father as the Story hath it or as sacred Writt speakes of the Blaspheming Egyptian according to the Originall He smote or pierood through Gods Name Levit. 24.11 * An accustomed Blasphemer as a Worthy of out Nation saith is a Divell incarnate Blasphenia veniaus 〈◊〉 maretur saith Hierome Epist 32 Chrysost teacheth us how to know a Blasphemer besides the comparison of a Woolse and a Sheep together Si quis lupum cooperiat pelle Ovina quomodo eognoscit illum c. * If a man cover a Woole with a Sceepskin how shall he know him but by voyce or act as the harmlesse Sheep with a demisse countenance bleateth and the Woolf setteth his face against Heaven and howleth So he that in humility of soule confesseth that truth believed in his heart though with danger of his life is a Sheep and as the Prophet saith led to the slaughter * qui voro adversus veritatem turpâ—â—or blasphemis ululat contra Deum lupus c. But he who shamelesly with Blasphemiâ—â— howles against the Truth howling against God in reviling of his Servants is a Wolse Hence I appeale to any mans judgment who is the Blasphemer As speaking truth from the heart is required of all * so especially in Magistrates and Judges Lying lips becometh not a great one Matth. 7. A main property required by Iâ—thrâ— in a Judge Homil. 9. is that he be a man of truth Psalm 15.2 * The second thing charged upon me is Schisme prov 17.7 A Schismatique c. saith he * Exod. 18.21 the Word of God which best defineth a Schismatique I hope shall cleer me of that Imputation Paul telleth us * Rom. 16.17.18 that a Schismatique is one that bringeth in or maintaineth corrupt Doctrine or Discipline contrary to the Word or besides the Word of GOD as a Divine observeth from the word * Faiâ—◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where not only saith he that which is contrary to the Word is forbidden * but if any other thing or in any other manner be brought in belonging to Doctrine which Paul calleth * Sed si quid aliud vel alâ—ter introducitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wheron Mr. Bâ—zâ— well observeth that not only false Doctrine apparanâ—ly contrary to the Truth is forbidden but also the adulterating the pure Doctrine by Humane Inventions * 1 Tim. â— 3 And Chrysosâ—â—â—â— on this place to the Romans thinketh that the Jâ—wes are 〈◊〉 especially who together with the Christian Faith urged also the Ceremonies of the Law Of whom as Enemies of the Gospel the Apostle often complaineth Now what Doctrine or Discipline contrary to the sacred Word or besides it have I broached or maintained in my Book they can shew me none therefore I am no Schismatique But such as do so let them be Schismatiques I pray God with the Apostle that All but especially such as be in supream places may diligently observe such and avoid them Indeed all divisions cannot be avoided and therefore one observeth well upon that place that the Apostle forbiddeth not all divisions but such as are caused by Innovation of Doctrine For there are some profitable divisions saith he * Gualter whereby consent in Superstition is hindered such a division is said to be among the People about Christ * Quibus conscusus in superstitione c. John 7.4 some confessed him some rejected him and some went about to take him For the better discovery of Schismatiques and avoiding of them the Apostle brandeth them with remarkable Markes As first with rotten Hypocrifie they serve not the Lord Jesus What pretence soever they make Secondly from their base Ends they serve their Bellies Or as in another place they make their Bellies their God * Phil. 3.18 Omnia questus causa they do all for filthy lucre It is a miserable thing saith Chrysostome * Pro Doctoribus servos ventriis babere to have for Teachers Servants of their Bellies Thirdly from the meanes they use to fill their Bellies by faire speeches c. that is they sooth and flatter men in their sinne They speak plâ—câ—ntiâ— all is well so they have enough lkie murthering Physitians they please the Humours and kill the Patients they devoure Princes alive Let such an one then * Qui natus ab domini ventris as is born to his Belly or as Hierome * Habet inventre as minds nothing so much as his Belly who for Gyants Bowles Esau his Red Pottage or the Red Earth of Gold will sell Lawes Divine and Humane Soule Heaven and Christ himself and yet will be taken
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 To you it is given in the behalf of Christ not only to beleeve on him but also to suffer for his sake Phil. 1.29 These are they which came out of great tribulation c. Rev. 7.14 Tot mala sum passus quae si comprendere LONDON Printed by I. D. 1646. TO The Right Honourable the Lords Knights Citizens and Burgesses of the Court of PARLIAMENT Right Honourable and high Councell of State AS I acknowledge it a rich mercy from God that he hath accounted me worthy though unworthiest of my selfe to suffer any thing for the Name of Christ * Acts. â— so this addeth to the setting off the sufferings that by your Order and under your Authority Right Honourable this Epitomie thereof and but an Epitomie is published to the view of all many of whom yet alive were Eye-witnesses to my nflictions And as it was a part of Pauls happinesse though a prisoner to plead before Aggrippa * Acts 26.2 so I account it a singular favour that you more expert then Aggrippa in the Truths of Christ have heard pleaded and adjudged me and my Cause with so full and satisfactory a Judgment that nothing can be added but Execution And therefore with humble and hearty thankes give me leave further to intreat your Honours that with Christ and for Christ you would finish the Work that the Father hath given you to doe * John 17.4 And for my particular as you have broke my bonds and brought my Weather-beaten Bark to Shore so I am confident you will not suffer me to perish in the Haven Nam turpe laborantem deseruisse in portu non fraginum facere To the compassionate Reader AS thou had'st a Simpathy in my sufferings so thou enjoyest a share of my deliverance The servants in the Parable when they see how cruelly their fellow-servants were used even by a Fellow-servant as it is said they were very sorry and came and told their Lord all that was done * Matth. 8.31 So according to the Application when you did see and heare * Clem Alex lib. hat unparalleld inflictâ—ons were done upon me in bitternesse of soule you went to God the Father of Spirits and with many teares and supplications laid out the Matter before him neither was it in vain for your prayers and tears were stronger thou Jeremies Rags to pull me out of the Dungeon Now this Book is not only libri mentis as one of the Antients * sicut frumentum geminâ— molarum opere curatum Hyer speaketh of Bookes Fut it is also libri afflictionem mentis corporis the Off-â—pring of Affliction both of Body and Mind Let the use of it be three-fold for me for you and for the Afflictors so many as live For my self as I must labour in thankfulnesse to be as a Father speaks * Heb. 12.10 like the Wheat that comes from between the two Mill-stones tryed and purified Or with Paul * Prov. 23 2â— more and more partaker of his holinesse In you it may stirre up confidence and resolution to buy the truth at the dearest rate and not to sell it The Gold of Ophir cannot equall the gain of sufferings for Christ As no man knowes the sweetnesse joy and honour that are in fighting the Lords Battels but he that hath been in the Field so I way say though it may seem a paradox Here are Grapes of Thorns and Figs of Thistles Lastly it may be of use to my Tormentors so many as live or at least to some of them of whom I say from my heart O! that they might live If these men have not cast off Man in regard of this Treatise all sprinkled with Blood they cannot but relent If they would act Zacheus his part humble confession and due satisfaction They might dave ashare in Zacheus his Portion But if against God and Man they will stand out without Bowels towards my necessities and repairing of my wrongs then I desire them to take notice of that speech of the Apostle 2 The s 1.6 that the righteous God will recompence Tribulation to those that trouble his For the Spirit calls it a righteous thing so to doe and that righteous God in part hath done it And though the Lawes of God and Man call for revenge of Innocent Blood yet I refer that to them to whom God hath committed the Sword An Epitome or briefe Description of Doctor Leightons troubles for the space of twelve yeares and upward AS the * Iustin. â—isâ— lib. 6. pag. 114 Ancients of Sparta opposed themselves strenuously in the gates of their Citie against the whole Theban Army under the conduct of Epaminondas intending to surprise the City so some of the better sort both of City and Countrey came to my house at Blacke-friers desiring my advise concerning the presentment of their grievances to the high Court of Parliament then being in Anno 1628. and that by way of Petition In the generality of the subject whereof all did agree namely the Prelates who looked like nothing more then the surprisers yea and sackers of the Church and State and that in a more cruell and unnaturall manner then the Thebans did against the Spartans and under a more impious and bloudy leader namely the Man of Sinne then was that noble and generous Generall Epaminondas but in the particular extent or degree of inlarging their defires they varied Some would have the power of the High Commission abated some a mitigation of the pressing of the Ceremonies some that the Ministers might not be so inslaved some that the tyranny of their Courts troubling of people and exacting of Fees might be taken course with but the queree comming to me my simple opinion was right down for Extirpation of the Prelates with all their Dependances and Supporters my reasons against that course was that the lopping of the branches had done no good the striking at the roote would make all fall together Frustrafit per plura quod fieri potest per pauciora Many workes in one saves labour They desired me to frame the Petition which I desired rather should be done by some other but at their request I set upon it and in two houres I drew up that Decade or ten Positions the subject of the Booke Which Positions containe the reasons of
and some faculty of expression Tully layeth out from the dangerous effects or Symptomes of it * Postquam commodit as prona virt utis imitatrix dicendi copiam consocuta c. in Prol. Rheto. when desire of gain with semblance of faire dealing hath once obtained a fluâ—nt faculty of expression Then saith he it is odinary for mischeife masked with wit to overturne Houses Lands Lives That deserved Encomie that Galen and others gives of Medicines may be aplied to the Lawes if they be well used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they aâ—â— the Auxiliary bands of God but if they fall into the hands of Mounâ—ebankes who rather abuse then use the Lawes * there is more danger from the Phisitian then the sicknesse As the Law is defined to be an Holy Sanctioâ— so the judges or deliverers of the Law are by the Legâ—sts called Sâ—â—â—dotes That is sacra dâ—tentes â—t ministrantes teachers and administratros of the Holy things therefore it is Sacriledge to abuse or innovate them If the sâ—preame judg on earth cannot innoâ—ate the Lawes except they crost the Lawes of God and the good of the State then mueâ— lesse â—aâ— Miâ—â—stâ—rs â—r deliverâ—â—s of the Law cruâ—â—â— to the Right hand 〈◊〉 to thereâ—â— from the â—â—ve intent and mâ—â—ning of the Lâ—ws Now that the former may not it is cleared in thâ—â— Trâ—tise called the comendation of the Laws by that nâ—â—er-enough commended fallen of the Laws Ghâ—â—â—â—sâ—er Fâ—â—â—asâ—â—â— and that by anâ—elegâ—â— Simâ—â—e from theâ—◠〈…〉 the body politick in these wordâ— As the Head of a â—ody Natuâ—allâ—annot change his fineâ—es noâ— cannot deny or withhold from his inferiour Members their peculiar powers and severall nourishments of Blood No more can a King which is the Head of the Body-politic change the Lawes of the Body nor withdraw from the same People their proper Substance against their wills and consent in that behalf Then to shut up this particular with that Axiome of the Civill-Law Judges should not judge or sentence after the guidance of their own Will but according to the Laweâ— laudable Customes and received Statutes of the place Like unto this is that Order of the Imperiall Chamber It is given in charge to the Judge and Assistants of the Imperiaâ— Chamber that not out of their own proper and bare pleasure they should give Sentence but according to the Lawes and Statutes of the Empire A conscâ—onable â—â—dge or Lawyer is such an one as ruleth his Conscience by the Law and then his Sentence or Plea from Conscience For such as pretend Conscience without Law are like unto Papists or other Hereticks who still proclaime Conscience but without that word of Truth which is the ground of Conscience To this purpose speaketh Oruat Baldus * Consciâ—â—â—â—â— lâ—gis vincere Consciâ—â—â—iam â—â—â—â—â—â—is The Conscience of the Law should ever command the Conscience of Man * 〈…〉 Hence saith he is safety of Conscience * The Conscience of the Iudge is never oftended who in judging obâ—erveth the inviolable precepts of the Law By all which we see the Conservation or Innovation of the Laws spring especially from the integrity or curruption Cuâ—â—dâ—â— Lâ—gâ—â—â— of the Keepers or Ministers of the Laws Which corrupt Ministers are not unlike those Succedâ—â—â—an Viâ—â—â—ers of whom this relation goeth The Lord Major of London gave order to a Serjeant to call the Brewers before him who instead of them warned the Vintners to appear 〈…〉 whom the Lord Major beholding in the Court a ked what they did there the Seâ—jeant answered him that upon his Lordships Comâ—â—â—â—â—â—ent he had warned them to appear the Lord Major repâ—â—ed that he gave order for the Brewers appearaâ—ce It is true my Lord said he and these be the greatest Brewers or grand Imposters in corrupting of the Queen of Liquors as I and my Fellowes find by dangerous experience Whereupon the Lord Major and Aldermen approved his wit and took the matter to consideration Even so they that are the Masters of the Wine-Seller of Iustice if they mixe their wine with water or turn judgment into wormwood these are the corrupt Brewers or Masters of the Lawes the grand Impostures poysoning the whole State because they poyson the Fountains head Therefore David describing the wicked man in opposition unto the godly he useth the word Rashangh which fignisieth a restlesnesse in himself and a disturber of others and therefore likened to the raging of the Sea the learned Paraphrast doth call them ex leges Nonita Divini gens â—eâ—cia foederis exlex Not onely lawlessâ— but such as if they be in place trouble and bemire the pure Fountaineâ— of the Lawes And in this they become like the wicked and devouring Shepheards spoken of by Ezekiel seemeth it a small thing to you to have eaten up the good Pasture but ye must tread down with your feet the residue of the Pastures and to have drunk of the deep waters but yee must foul the rest with your feet And as for my Flock they eate that which you have troden with your feet and the drink that which ye have fouled with your feet * Ezek. 34.18 19. where by shepheards are meant both Pastors and Magistrates and by good Pastures and deep Waters are meant The pure Word of God and the uncorrupt Pountain of Practice Out of the corrupting of both which they first made up their owne mouths and then distributed to the People nothing but what they had corrupted Let Kings therefore as the Psalmist speakes be prudent and let the Iudges of the earth be well nurtured * Psalm 2.10 for if they kill not the Son whilest he is angry that is both in Iustice and Religion they shall perish in the mid-way that is even in the top and the ruffe of their wicked works when they looked least for it they shall suddely perish And this the Apostle assureth them of as if they had it in their hand the wrath of God saith he is revealed against ungodinesse * Impiet as est proc are in Deuâ—â— Iniquilâ—â— in Homiâ—es Orig Chr. Where Impiety is to sinne against God and Iniquity against Men the reason is from that which aggravateth their sinne Namely the with-holding of the Truth in Unrighteousnesse Which Phrase a the Learned do observe doth intimate men to have a knowledge of the Truth both in things concerning God and Man But they do the contrary the very Emphasis of the Word laveth it home to corrupt Iudges 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a word borrowed from the Practise of such as tyranâ—â—â—â—â—y 〈◊〉 presse the Iâ—uoâ—ent and casteth them into Prison But by the contrary blessed are those Iudges and other Ministers of the Law that doe and speak righteous judgment for they may confidently wait for safety when tryall cometh upon the whole Earth It is remarkable how Marcham chiefe Iustice in Riâ—h the third his time denying to give sentence against Burdet the Vintner for saying he would make his Son Heire
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 ultiâ—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 solâ—is leâ—â—â—â—a caduciâ— 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 Factiâ—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 efficiatâ—r lib. 2. de demonst c. 14 â—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 Nâ—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 sediâ—â—on if it be confirmed by Covenant it is called Conspiracy if by oath Conjuration where upon imediatly followeth his definition or descriptioÌ„ faction is a gathering together of more or â—â—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 Gwelphâ— and Gibellines that of the Samaritanes and of the Iewes and of the Mâ—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 dependencâ— 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 Clientâ—â—a the right of â—â—â—aâ—ing or adâ—erâ—â—g to their Patron or Defender whose observancie they preferred before the League of Kindred and Friend hip Pluâ—arch in the life of Romulus treating of this Subject calleth such Clyentes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 willingly to come nigh or to adhere intimating the strict necessiâ—ude between such Clyents and their Patrons or Maintainers Iulius Câ—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 â—â—â—â—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 Sediâ—â—â— 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
of the People of God to he contentious who sowes discord say they who stirreth up strise who be the Bouseus of Contention who sets the Peace of the Church and State upon the Rack who rends and teares the seamlesse Seat of Christ but the contentious Puritans such as will not obey the order cap and foraâ—â— at the name of Jesus crouch to Altars and the rest And thus they doe not only faisly accuse Gods guiltlesse people but some of them abuse the Kings Majesty to his face with these Suggestions And herein they follow the Dyotrephean Spirit of their Fathers who are alwayes lashing Gods Ministers and People whether present or absent with the Spirit of Contention yea it is to be lamented that not only so but that men of high places as Judges Justices and other great Ones by the evill example of the Clergy as they call it are so frequent in this Charge for thereby all the Rabble of the Vile are emboldned to revile the people of God with this aspersion This is even the old strain of Gods Enemies in former times amongst many instances take that Sermon of Dr. Youngs preached at Pauls Crosse in Queen Maries dayes Anno. 1573 where hee proclaimed with foule mouth fury-outly the Banished Ministers to be rhe stirrers up of strife in the church because they could not attaine to Bishoprckes which others enioyed * Preface to the Franckford troubles pag 2. with this I might parallel Dr. Banekrofts Sermon at the Crosse but of that hereafter Now for the better clearing of this Imputation Sect. and laying of the blame where it should lye we are to understand there be two kinds of Contention as I have formerly discovered two sorts of Factions the one good and necessary the other evill and dangerous The former is either good absolutely of it self or accidentally in regard of the Sequel The former of these is determined by the Object namely for that which is good by the Person in regard of generall or particular Call Considering also Time and Place and this is not only permitted as lawfull but also enjoyned and commanded The Apostle St. Jude held it needfull to write to all the Churches with all diligence and to exhort them to contend earnestly for the Faith * Jude 3 where every word hath its own weight First for the object Faith is meant fides qua the grace of Faith whereby we are justified and the word of Faith whereby we are brought to believe and made perfect unto every good work For this and for all other pure Ordinances of Christ Christians must contend which is the Action here enjoyned Where the compound 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to contend as it were for life is to renew this Fight to the very last gaspe And this must be followed against Sathan the World the Flesh Sathans Instruments as Tyrants Heretikes Schismatikes Hypocrites in a word against all the Enemies of Christ and of his Truth In which bloody strife the Saints of God have beene more then Conquerors overcoming Kings and Kingdoms 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith the Apostle Through Faith they subdued Kingdoms * Heb. 11.33 by the same Agony or strife there we must enter in at the strarght gate either removing or leaping over all impediments * Luke 13.24 Much to this purpose the Apostle enjoynes the Galatians and in them all Christians to stand fast in the liberty wherin Christ had set them free Gal. 5.6 In which words the Apostle implyeth the assaults that the Saints shall endure if they stand by their coâ—ours and will not either quit the colours of Christ or at least quarâ—er them with such colours as Christians are not allowed In the second place he gives expresse charge to contend for the maintenance of those Colours by standing to it Stand fast saith he c. Another kind of Contention though not good in it self yet accidentally proveth often good to the Church and State namely by the contention of the wieked amongst themselves when God setteth the Tsansgressor against the Transgressor he thereby purifieth the Ayre and giveth his own a breathing time It may well be said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all thrive the better wheÌ„the wicked are by the ears together When Theeves reckon True-men come to their owne The sting of the Scorpion is deadly poyson yet Woolfes-Bane is more deadly But some say that this given in drink is a good remedy against the other * Ad â—o ut cum venenum cum veneno luctatur servatur homo itideâ—â— discord a pestilentium civium As one poyson overcometh another whereby the life is often saved even so the Discord of Pestilentiall men proves often the safety of the Church and State Abundance of Examples I could bring both from Scripture and other Writ as of Abimelech and the Seehemites the Sadduces add the Phatisees But because the thing is so eleere and this is not so much to the purpose I give it but upon the by and return to the other which is more pertinent namely A Contenâ—ion for that which is good which is not the Seed of Sedition but rather the Fortresse of the Truth and Procurer of Peace But of that contention which is the Serpentine Mother of a Draconitish Faction the people of God may say with the Apostle If any man list that way to be contentious we have no such custome neither the Churches of God * 1 Cor. 11.16 In a word let the word determine who be the contentious and by consequent the factious indeed According to that saying of Origer speaking of the peaceable condition of the godly how it should be like the Concin Harmony of Musequâ— he giveth this note of the truth of it * sitales sierine nâ— in nullo dissentium a mandatus Hom. 26. in Numb If they be such as dissent not from the Commandements nor do not crosse by their courses the Evangelical Precepts then are they farre from contention But on the other side they who walk contrary to God obey not his Gospel and follow the councels of their owne hearts are by this Rule convinced to be the men of contention and therefore men of Faction For brevities-sake Sect. I omit the rest of the Particulars of Faction and will come to the closure wherewith he varnisheth all the rest He cometh upon me with my shallownesse and deep ignorance of Law how soever I seemed to be skilfull To which I answer Law is not my profession and therfore it is not required in that faculty that I should be a Master in Israel yet I would not be a Stranger in Israel that is I love not to be ignorant of so much Law as may lead my actions and undertakings and so should every man be according to his ability and employments from the King that sitteth upon the Throne to the meanest of his Subjects the reasons may be taken from the very Etimon of the word Lex
enim maligando so called from brinding to obedience and how can they love or obey that which they have not * Nihilaemaâ— tum nisi cognitum A second Reason from the nature of the Law * Lex est regulaâ— 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 demonstrâ—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 Hierarchâ— made way for the Execution and the Writ was out For I conceive that men could not so farre ex verâ— 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 huâ—â—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 Coâ—dâ—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 channellâ— 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 Ignoranâ—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 Lordâ—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 â—â—rme yet against him and all his Archers I thank my God who with the little Learning given meâ— 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
aut facta c. no more can a Docter * Doctoratus privilegia c. the priveledges of Doctor all degrees are the very same by Assignment of Law that belong to Equestrall dignity With prejudgment rather then Iudgment they set on the highest censure that ever was given upon the greatest Malefactor not once making knowne what Law I had broken or what crime I was guilty off Also thus Censured I lay under the hand of God and under their Censure at mine owne owne house Whence the under Iaylor of Newgate would needs carry me in my sick-bed but that my friends entred in ten thowsand pound bond for mee Notwithstanding the said Iaylor all the time of my sicknesse plaid the Lord-dane over my house challenging it to be his and set theevish fellowes over me upon my charges besides the monies he had of me and of my friends at length before full recovery he carried me to the fleet where upon promise of liberty to retire unto my owne house for my health my friends entred ten thousand pound bond for me but fayling of that liberty I took in my bond So thus in much weaknesse of body I remained during the time of the Plague by which the Tearm was adjourned and the Execution of the Censure deferred But the Plague ceasing they began to sit I was carryed before the Hiâ—rarchy at Lambeth where I spake in defence of the Truth as it was given me of GOD and that to this effect as far as I can remember First I disclaimed their â—udicature giving them Reasons for it and that it was not out of contempt of their Persons is dis-esteeme of their Guifts but because as I had cleeâ—ed in my Book they were not of God and so had no power given so they did intrude upon the Estate Body and Bloud of me and other Subjects contrary to the Lawes of God and the Kings Majesty as the Book sheweth at large And if they could bring one title for their Calling and aforesaid Practice either from the Law of God or Law of the Land I should lay down the Buckler one replyed that I was not brought before them tanquauâ— sub judice alieujus facâ—i but that they might degrade me for â—â—â—â—rwife the censure could not be executed I replyed in effect that it was a rotten Antichristian course for if a Minister transgresse shall he not be subject to the power of the Law 〈◊〉 imo qua Minister as well as any other Secondly they had no power to degrade because they could give no dâ—gree of Ministrâ—e Thirdly and lastly I told them I had no Degrees from them and if I had I would disclaime them But sure I am that my Degrees by the Law of Nations should have exempted me from such a cruell and reproachfull Censure but since it is so with Moses I esteem the reproaches of Christ greater riches then the treasures of Egypt Further I offered there as formerly in other place to maintain my Book against all Gain-sayers but none opposed it As I was thus speaking one told me that the King had passed by Treason in me and had changed the Penalty into this censure To whom I replyed as I remember that no honest Subject had a face to charge me with Treason for my heart was conscious to its own Loyalty and that my Innocency in that might appear I offered before all the People that if that man that sate before me meaning Dr. Land who had his hand in my bloud would move his Majesty to passe that Censure and to give me my tryall at the Common-Law if I should be found guilty of the breach of his Majesties Lawes I should desire no favour but humbly thank his Majesty for so faire and legall a Tryall Other things passed which I omit only in the closure when they bid take me away I told them I had one message to them namely if my bloud were shed the Lord would require it of them And I did summon some of them ere long to appear before that great Tribunal of God to give an account for it and so some have made their appearance From Lambeth I was brought back to the Fleet where I remained some sive dayes expecting the execution of that dreadfull Censure yet to Gods glory be it spoken the Spirit bearing me record without the least touch of any dauting terrour but with mâ—â—h comfort and courage the Lord â—aâ—ryed me on in humiliation and prayer the People of God assisting me all this time betwixt recourses to God As formerly for my abode in the Fleet as occasion was given I did traverse with so me learned and judicious the lawfulnesse of escape yet ever with an upright indifferency to submit to the Will of God and motion of his Spirit and I speak the truth and lye not that all the learned and judicious that ever conversed with me concluded absolutely the lawfulnesse of my escape being well qualified only the expediencie or inexpediencie in me they left to the particular instinct of the Spirit which was it shall appear by the unanimous consent of the Learned carryeth the main sway in this Case â—f or my judgment not without sedulous scanning and mature deliberation it was fully possessed of the lawfulnesse of the thing only my Assertion stood in relatâ—on to the thing as God should offer or deny the meanes at length God did not only present the meanes but also opened the mouth of one of the Instruments to tell me in plain tearms that if I answered not the Opportunity it was a tempting of God and to my bloud-shed I should bee accessary which thing as I had formerly pondered so it presently gave me to lay hold on the occasion and as the good hand of God made the way cleer for me and so I went out of Prison the lawfunesse of which Act being a piece of Christian liberty I have proved in a Treatise by it self from good grounds good ends lawfull meanes and due Qualifications I have satisfied all that come to me and some with tears have begâ—d pardon for censuring of me The Antients have set forth whole Treatises for the lawfulnesse of flight as Athans Ambros Seneca Aquinas But I hope few or none will doubt of it a main motive to me was the diverting Blood from the Land but nothing could serve the Prelate but Blood and so with Vriah I was brought to the stake he had his desire The aforesaid Censure was executed in every particular in a most cruell manner and measure the Executioner was made drink in the Fleet the night before and also was hardened the very same day with strong water being threatned to do it with all rigour and so he did by Knife Whip Brand and Fire insomuch that never a lash he gave with a treble-cord but hee brought away the flesh which I shall feel to my dying day I being put thereafter on the Pillory an hour and a half in Frost and Snow they inflicted