An Epitome, Chapter 4

An Epitome · Chapter 4

p. 30CHAP. IV.

THe next in order, was I. R. Strenu… 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 p. 31Blaſphemer 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.Lev 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 turp…or blaſphemis ululat contra Deum lupus, &c. But he who ſhameleſly with Blaſphemi… 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.Matt 7 A main property required by I…thr… in a Judge,Homil. 9. is, that he be a man of truth.Pſalm. 15.2.Ps 15:2 *

The ſecond thing charged upon me is Schiſme,prov. 17.7. A Schiſmatique, &c. ſaith he,**Exod. 18.21Exod 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.Rom 16:17Rom 16:18 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**Fai…. foreign 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 al… ter introducitur. foreign. Wheron Mr. B…z… well obſerveth, that not only falſe Doctrine apparan…ly, contrary to the Truth, is forbidden but alſo the adulterating the pure Doctrine, by Humane Inventions.**1 Tim. ….3. And Chryſoſ… on this place to the Romans thinketh that the J…wes are … eſpecially, who together with the Chriſtian p. 32Faith 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.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.Phil 3:18 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 pl…c…nti…, 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 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; p. 33Namely, 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. 3.4.2 Tim 3:4 whether it be immediatly p. 34againſt 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. 23.5.2 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, p. 35nor 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.Mark 6:1Mark 6:2 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 an higher …ure uttered againſt the Queen of King, for the time being Namely, …ing him, or Her Heretic, &c. 1…. Eliz. c. 1. It is enacted, that whoſoever ſhall publiſh, that her High…eſſe is a… Heretic, S…ſmatic, p. 26Tyrant, &c. ſhall be puniſhed as a Traytor. This Stature hath relation to the former; which was made, as it ſeemeth, to protect the Soveraign Majeſty from petty, or leſſer ſlanders, as Iu…mperancie, Vncleanneſſe. &c. The latter was to prevent ſuch grand & groſſe ſlanders, as foul mouths might caſt upon the Perſons of Soveraignty; as Hereſie, Schiſme, Tyrannie. The tranſgreſſion of the former Fellony, or the latter Treaſon. Now as I am cleer of all the aforeſaid fore-quoted Statutes made againſt Treaſō, againſt the leaſt King. So it is cleer as the Sun, that I come not within the touch of the compaſſe of this Statute: yea, I proteſt, not in thought; How then came I to be made a Traytor, without the breach of any Law? Let the Judge ſhew me**foreign. my tranſgreſſion of the Law, and I ſhall willingly acknowledge the Law to be the juſt Coertion or Caſtigation of mine Offence or Offences. But I am ſo farre from Guilt by the Law, that I challenge all the Law he hath to bring me within the Compaſſe of Treaſon, ex conſequente, by Inferrence, or directly; although he knoweth very well, that the Law is not ſo farre to be ſtretched, againſt any Subject Delinquent, or non-Delinquent, in Caſe of Life, or Blood For every poenall Law, concerning thoſe, is ſtrictly and literally, according to the Grammaticall ſence, to be expounded and delivered; Witneſſe, the Papiſts calling of Proteſtants, Hereticks; by the Law of Univerſals, including particulars, they call the King Heretic; and ſo by conſequent, in ſo ſpeaking, are Traytors, by that fore-ſaid Statute, 13. Eliz. c. 7. Yet the Law layeth not hold on them as Traytors for this ſpeech. And ſo I might inſtance in other things; which I note the rather for my juſt defence, that if he, or any other there did plead any Law againſt me by way of Conſequence, which muſt needs be enforced, by the true intent of the Law it was null: Thus all men may ſee mine integrity to be a quitted from Treaſon by the Laws. For where the St…tute-Law cl…eth, no Principle of Common-Law, nor Caſe, nor Comment d…h condemns. But it is … wonder, that I am thus traytored, it hath been thus with by Betters, as a Learned Divine hath it: It is a ſ…ole Imputation of Ages to Be-traytor Gods p. 27Servants, when they ſtand for their Maſter. H…m…n accuſed Morde…ai, and the Jewes of Treaſon, to King Ahaſhu…r…ſh. **Mr. Samuell ward, in his coale, &c.when any thing is amiſſe, Elijah muſt be the Traytor,**Heſt. 3.8. and by Tertullus; the mouth of Gods Enemies,**1 King. 18.17, 18.1 Kgs 18:171 Kgs 18:18 Paul is accuſed to be a plagy Fellow, and a tumultuous Traytor;**Act. 24.5.Acts 24:5 yea, Chriſt himſelf, the harmleſſe and ſpotleſſe one, eſcapes not this branding Imputation,**Luk. 23.2.Luke 23:2 where they falſly alleadge, that they found him over-turning the State (for ſo is the word) and alſo hindering the Revenue of the Crown. The Diſciples muſt not look to be better uſed then their Maſter. It is an old dawbing trick of corrupt times, to ſlurry and ſoy…e the faireſt Excellencies, with the fowleſt Names, to make the things more odious, and to vayle and varniſh the fowleſt Exorbitances, under the faireſt Names; as for example, Holineſſe muſt be called H…pocriſie, or Puritaniſme, Zeal, fury, truly ſtrict and ſincere obedience, no better then Treaſon. But on the contrary, fowleſt Exorbitancies muſt be masked with the faireſt Names, State-ſubverting principles, and practiſe, muſt be called by the name of Policy, Rotten pollution of Gods Ʋ Ʋorſhip, by mens Deviſes, Orders and Dece…i…. Pleading impudently for a bad Cauſe, ability in Law, giving away, or ſelling mens Eſtates at pleaſure, and impriſoning their perſons, Equity, condemning the innocent, and abſolving the Guilty, nothing but Iuſtice; and this the wronged Parties muſt acknowledge, or periſh, Treacherous cunning to make bare the King and State, for making their own Neſts in the Cedars, muſt be tearmed wiſe and frugall guiding, halting betweene God and B…, …dera…e d…f…retion, harbo…g and mainraining openly Tray…ors againſt God and the King, a point of State-myſtery. But God weigheth not things by their Names, but by their Nature; Yet (as the Phyloſopher ſaith)**Nomi… … conſ… tian…, Pl… … ſap. let Names, and the nature of things agree together, God in the Creation, and Man in his Integrity, put fitting names upon all the Creatures, truly expreſſing their Natures: But to invert this Inſtitution, is to ſubvert the order of nature, and to ſin highly againſt the God of Nature. Curſed be they therfore, th… call Good Evill and Evill Good, ſaith the Spirit; But to hold to the particular, and ſo to cloſe it up, there be ſo p. 83many Traytors (the Apoſtle ſheweth us) in the laſt dayes, what perillous times ſhall be; and that through the abundance of monſtrouſly wicked men, of all ſorts, amongſt whom he reckoneth Traytors. **2 Tim. 3.4.2 Tim 3:4All Idolators, or ſuch as ſerve other Gods, are Traytors immediatly againſt God. As all offences in a Common-Wealth are againſt the King; becauſe they are againſt his Lawes, and he is the head of the Politick Body: But thoſe that are immediatly againſt his Perſon, are of an higher nature; eſpecially, the ſeeking of his life or to dethrone him, which are high Treaſon. So Idolatry intrencheth upon the Throne of Gods Dominion, and ſtriketh at the very Root of his Being; and therefore is high Treaſon againſt him.**Tantum eſt aliquod peccatum gravius quanto longius peripſum ho mo a deo ec epit. A ſinne is ſo much the more grievous, as it removes a man the further from God. As Traytors are in greateſt diſtance from the King, ſo Idolators, from God; and therefore Moſes calleth it the great finne.**Aquin. 22.3. …tic. 3. Idolator are alſo Traytors againſt the State; becauſe Idolatry brings deſolation upon it; Witneſſe the ſame place of Exod. Where GOD putteth many to the ſword, and had ſlain the reſt, if Moſes had not ſtood up in the Gap, and turned away his wrath.**Exod. 32.7.Exod 32:7 As learned Calvin ſaith, it brings utter deſtruction.

**Accerſit vltimam cladem.Theſe are held to be Traytors to the State, who being in place, as Eye▪ and hands to the Kinge and ſtate, ſee and doe only for themſelves, to the undoing of both the former; and not onelyonly ſo, but they alſo divert by corrupt ſuggeſtions the Kings favour from his Subiects: and by deading of their ſpirits, do weaken the love of the Subiect to the King: That ſuch Courſes are Treaſon, there is Expreſſe Teſtimony for it in a worke of that judicious, and Learned Eraſinus **De Inſtitut. princip. ſi capito ple…titur, qui principi… monetam viti…it quanto dignior eſt eo ſupplicio qui principis ingenium corruperit.if Clipping or corrupting of the Kings Coy… be Treaſon and her worth to looſe his bea…e, that doth it; how much more worthy is hee of the ſame Puniſhment that Corrupteth the diſpoſition of the King: They are Traytors who by any …ea…, words writings or other practiſe, Endeavour to withdraw any with in the King… dominions, from their Naturall Obedi…ce, or from the Religion now eſtabliſhed here, to the Romiſh Religion: a… to move them to Promiſe Obedience to the Sea of Ro…e, the C…l…rs, and p. 39Ayders of ſuch offenders are within Miſpriſion of Treaſon, **23 Eliz c. 1.what Caſe then by the Lawes are all the Plotting and Pragmatical Ieſuits in their accomplies, yea ſuch as entertaine the Archplotters in their houſes and at their Tables. Th…ſe devour the fa… and at their tables theſe devoure the fatte and ſweete of the land, and walke where they will, doe what they liſt, and Pampered with dainties and flaggons of wine (as they ſay) ſtrut it out inſultingly over the impriſoned and diſtreſſed Servants of God, ſuſtering: much hardſhip for witneſſing the truth. I ſpeak upon Experimentall knowledg, what in ſufferable Treaſon is it; for a Subiect to Suggeſt to the Queen to convert to the Catholique faith, or rather ſubvert our King, and to profeſſe their hopes of it, which is flat Treaſon by the ſtatute, and this is delivered in a Book written by R. B. as he calls himſelfe, and printed at Doway (as they ſay) anno: 1632: wherein (he ſaith) he hopeth, that the Queene ſhall make the Land happy by reſtitution of the Catholique Religion, & converting of the King to the ſame **Epiſt.] page 32.& in a paſſage of the Book it ſelfe, he taketh not only away the Kings ſupreamacy or Regall power, but alſo ſubiecteth him and all other Kings, to the Obedience of the Biſhop of Rome, making his Honour inferiour to that of the Biſhop;**Ne… magis vituper andu… eſt prodit…r patria quam communis utilitati… aut lalutis deſert…r. Cic. de: ſin: finally to finiſh this poynt, that great ſtates-man of Rome reckoneth thoſe up for Traytors, that withdraw their ayd to their uttermoſt power, place, or ability from the advancment of the Publique good, and ſo they are indeed.**Amos 6.9.Amos 6:9 Or as another hath it that teacheth the Law, cauſing the wicked to compuſ… the righteous.**Habac. 7.4. Surely by the nature of the evil, and the verdict of the Word this man is the Arch-Traytor, becauſe he … loeth the King and ſubverteth the ſtate; who are b… preſerved by the Laws and the execution thereof p…pul… ſ… …, yea ſuch an one layeth all upon to the conſ…ing and unquenchable Wrath of God; witneſſe Amos in the fore-quoted place, where the Lord laying out …pting of judgment, and the violence of ſuch as boaſt they have Ho… by the ſtrong he whereof they thruſt downe People p. 40Laws and all, He ſheweth alſo the fe…rf…ll & damnable fruits of this bitter Root, behold I will raiſe up againſt you a Nation, faith the Lord God of Hoaſts; and they ſhall afflict you from the entering of Bemah; to the river of the Wil…rneſſe that is from one correr to another. Where this concluſion ariſeth demonſtratively. That Subverters of the Law, and Corrupters of judgment, and Ʋiolent Opreſſors of the People, are Traytors which I demonſtrate thus. That Perſon or Perſons who bringeth in a deſolating Enemy, vponupon the whole ſtate and Kingdome is a Traytor; But a ſubverter of the Lawes A corrupter of judgment, an oppreſſour of the People brings in a deſolating judgment upon a whole State and Kingdome (witneſſe the words of the Text.)

Ergo, Subverters of the Lawes, Corrupters of Judgment, and Oppreſſors of the People, are Traytors.

By all this, we ſee, that there be Traytors enough and too many in States and Kingdomes; and it as c…eerly appears, that I am not one of thoſe. Nor never a faithfull Councellour, nor uncorrupt Judge, nor impartiall Juſtice; nor in a word no good Patriot in maintaining of the Kings honour, the life of the Law, and the Subjects Right. I wiſh from my Soule, that a…l Traytors of what ſort ſoever had their Treaſons branded in their due deſart, with Phalarius Duke of Ʋenice, who after his Execution, inſtead of a Seat of Honour had a Chaire cove…ed with Black ſet in the Sena…e-houſe, as an Embleme of his everlaſting Infamy.

The fourth Article of the Charge is that I am a Libello… againſt the Parliament:Sect. If he were a private man, I might well ſay ſobrius haec nunquum diceret: For who feeth not, that hath read my Book, that no man of my Talent hath more perſpicuouſly vindicated the honourable Priviledges of a Parliament, from the affronts of the Malignant, then I have done; and therein I have cleered divers wayes and meanes, for the advancement of the Regalities and Profits of His Majeſty, the Weal of the Subject, with the pr…pogating of the Kingdom of Chriſt, in the ſme…rity of Religion, which is indeed the Scepter of his Kingdome, and the Crown of his People, and that not upon ſuppoſed or feigned, p. 14but upon infallible and impregnable grounds; both from Gods Lawes and Mans. is this then to Lybell? nothing leſſe. what madneſſe had it been in me, to addreſſe ſuits, in the behalfe and name of the ſubiects, to the higheſt, and moſt honorable Court of the State; and withall to Libell againſt them? would any friend to the State, and favoure of my endeavors, preſent one of the Copies unto the Lords another to the Commons, if it had been a Libel?

Laſtly, Would I have in my Anſwer to the Information, implyed an Appeal to the Parliament for Tryall, if I had Libelld againſt them? Let any man judge how theſe ſort together. But for my more evident cleering, let us ſee what a Lybell is: The name L…bellus is taken in divers ſences, both by Humaniſts and Lawyers; All of which, I will not mention, but ſuch as are moſt pertinent. As, ſometime it is taken for a Supplication, which the Greekes call foreign,Hend…ca…l ſupplic…bus vacat lybelli…. ſo Martiall, ſo Sueton in Caeſar, ſuch were preferred unto Princes and Senates, by the People or Subject,**Ad negotia explicanda▪ to unfold their Grievances and Deſires. And ſuch a Libel I acknowledge mine to be: But to cleer other acceptions, let us pitch upon that, wherein I take he uſeth it againſt me,**libellus accuſationis. viz. An Accuſatory, or Defamatory Libel. So it is uſed in Plautus, **Ubi tues qui me libello venereo citaſti, &c. in C…r.Where art thou, that accuſeſt me of incontinency? This Deſamatory Lybel thus defined.**Famoſus lyb…llus eſt no… modo ſi diſſi mulato, vel ficto author is nomine reddit…r, v…rum etiam ſi expreſſe ad infamiam hoc eſt impingis delictum aliquod notabile. A Defamatory Libel is an Expreſſion in writing, (whether with name of the Author feigned ſuppreſſed, or expreſſed) of ſome Infamy againſt a Perſon or State, taxing it unjuſtly with ſome notorious Crime.

Now let me be tryed, by this true and eſſentiall definition,**Nam c…i compe…it de…niti…, competit de… …itum. If this agree to me, I am the man: but if I have not charged that Senate with any Defamatorie Crime (which far be it from me) then am I free from the Crime of Libe…ing.

To ſhut up the point, If there were nothing but one thing to quit me of Libelling, that would do it: Namely, if I had Libelled againſt the Parliament, I might happily inſtead of tortures and torments, impriſonment, and pining to death, I might have had ſome of the Worlds wealth and p. 26glory. Yee, from the Center of Ignominy, why muſt not I aſcend to move in the Orbe of Erring Planets, as well as others▪ who from their black mouths, and malapert affronts, have lybelled, and done againſt the Parliament things not tollerable: Notwithſtanding all which, they are come to be polliſhed ſtones in the Jewel-houſe of the Hierarchy; Witneſſe, M. C. and M. **qui torqueri deb…nt ampliantur, beneficii. Senec.They who deſerve higheſt puniſhments, are laden with heapes of Benefices, ſaith Senco…. Which they may ſear ſhall be enough Puniſhments in the End. In the mean time, etſi hoc impune faciunt, yet let the Saddle for Lybelling, be ſet upon the right horſe.

The fiſt Article againſt mee is innovotion of the Lawes. Sect.This is as true as the Papiſt charge againſt the proteſtants of innovation of Religion Hee cannot ſhew mee what Law of God, or Man, what Statute-Law or poynt of Common-Law. I have innovated:**Omnium legum eſt manis cenſura niſi Divine legis imagin…m geraba…. Aug. lib. 9. de Civit. Dei. For as I plead for the Royall Right of the Antient of Dayes; ſo I make the Antiquity of Truth, the ground of my Plea deſiring, and urging, that with the Prerogative of Chriſt, the Kings juſt Prerogative may be preſerved. And that the antient Laws of the Land, anſwerable to the Lawes of God, may be like the Lawes of the Mede… and Perſians, which are unalterable,**ſupremam popu…i ſal… tem. the tenure of every Law is void except it carry the Image of the Divine Law. Since ever I knew any thing in the Law, I held it ever to be the higheſt Weal,**Lex eſt ſan…ti… ſan…ti, ju…ence …oneſta, & pr…ibens contraria. Forteſcue in comondation …f the lawes of England, fol. 8 of the Weal-publique, becauſe it is nor the invention of man; but as the Orator ſpeakes of it, the Law is the Invention and Guift of God; the Common Juncture of the Body Politic.

And therefore that learned▪ and zealous Chancellor, giveth a good definition of the Law; the Law is a holy Sanction, or Decree, commanding things honeſt, and forbidding the contrary. Agreeable to that Definition of Tullies. **Jubec …a qui ſaci…nda ſunt prohibet que con…raria. lib. … lege.Another reaſon, why I, nor others ſhould not innovate Lawes; becauſe good Lawes, are not only Gods Inſtitution, but in the Equity of them, they are Eternall: And therefore inviolable**…x non eſ… ſ…itum abquod populorum, ſe… ternam quid…dam. the Law is not the Deviſe of Man, but a thing Eternall (ſaith the Orator.)

Thirdly, whereas the Learned ſay, the Excellency of the Law conſiſts in two things: In the goodneſſe of the Lawes, p. 43and the Effluence of things thēce proceeding. Which of theſe have I oppoſed, or innovated? Or, yea, rather have I not pleaded, and ſuffered for the maintenance of both theſe. Fourthly, where thete are ſix grounds of the Law; Namely, Reaſon, the Law of God Good, Generall-cuſtome, ſound Maximes, Good Particular-Cuſtomes, and wholeſome Penall-Statutes. On which of theſe, have I intrenched?

Fifthly, and laſtly,**Cum lex obedientibus vir, tutem declarat injuriam paffi vindicatix ſit & ſcopus, ſit legis de vita hom inum bene mereri. ſince it adornes the obedient with vertue, revenge the wronged, and deſerveth well of every mans life; What good ſhould I get by innovating the Lawes? Indeed there be too many Innovators, both of Gods Law and Mans. As firſt, ſuch as decree, wicked Decrees (as the Prophet ſpeaketh)**Eſr: 10.1. where by wicked Decrees, he meaneth either ſuch as make Decrees againſt Piety, Equity, or Honeſty. And ſuch the Prophet calleth, Statutes that are not good. Wherefore I gave them Statutes thet were not good, ſaith God,**Ezek. 20.25Ezek 20:25 that is, he gave them up to obey fancies of their own deviſing, id ſtead of the good Lawes that he had given them. Or by ſuch Decrees is meant, the wreſting of the Law againſt the true meaning and intent of the Law, or Lawgiver, either by corrupt Pleading or by giving of Sentence. For as no corruption is ſo contagious and noxious, as corrupt Pleading according to the Greek Commick.**foreign. A wicked Pleader is the Pox to the Lawes. Such Judges alſo as doe pervert or wreſt Judgment, as the Spirit ſpeaketh,**Deut. 27.19Deut 27:19 or juſtifieth the ungodly, or condemneth the Innocent,**Prov. 17.15.Prov 17:15 Such, I ſay, are Innovators, yea and Falſificators. Againſt ſuch the Lord pronounceth a heavie Curſe and Woe; yea,Eſa 5.23Isa 5:23 they are an abomination unto the Lord, as in the places fore-quoted. So the Lord preſcribeth Lawes to all men, how they ſhould walk before him, both in their generall and particular Callings; and this is called the Regal-Law, able to make every man perfect to every good work. As for inſtance, the Law concerning his Worſhip is called the Old Way.**Jerem. 6.1…Jer 6:1 Ask for the old Way, which is the good Way, and walk therein.

Now what is this Old Way? But that wherein the Prophets and Patriarchs walked, directed by the Word of God. p. 44Intimating thereby,Mr. Per…. order of Cauſes, p. 25. that there is no true way; but that which God preſcribeth. As it is a part of Chriſts Kingly Office to govern his Church: ſo it is a main part of his government to make Lawes; and another part to appoint Officers.**Jam. 4.12.Jas 4:12 There is one Law-giver, which is able to ſave and deſtroy: and ſo for Off…cers.**Epheſ. 4.11Eph 4:11 Hence it will follow, that all they who put wayes upon men in Gods-worſhip, which he preſcribeth not; ordain Lawes not of Chriſts making, and appoint Officers and Miniſters ſuch as God never gave; do innovate, and ſo it may be ſaid of the Lawes of Kingdomes agreeable to the Will of God and not of Man. In the execution whereof, Men ſhould be like to God; and in this reſpect they are called Gods,**2 Chron. 192 Chr 19 But if they judge injurious Evill (as it is there phraſed) and will not know or underſtand whoſe judgment they execute, but make the Lawes ſerve their Luſts, or the unjuſt deſires of other m…n; then they innovate 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.Ps 82as 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.Isa 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 diſcer…e and determine of Right **Parum eſt jus in ſocietate buwana nifi, fint qui jura▪ di…t & regere poſſunt.and Wronge, according to that Councell of Iethro to Moſes**Exod. 18.6.Exod 18:6 where not only the neceſſity of ſuch judges; but alſo the due qualification p. 45of them is layd out, as alſo**De…t. 1.13 they muſt bee wiſe men, **Nam ignora… cia jud…cis eſt Calamitas innocentis. Aug. de civit. D…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. 18.21Exod 18:21 It is the ſame word that Pharoah uſeth to Ioſ…ph, concerning his Brethren, where hee asketh, if they be Men of Activity.

Therefore Simlerus rendereth it well,**Valentes ingenio. Men of a dextrous Ʋ Ʋit.

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 Ʋ Ʋord 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 Vlp…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, p. 46So 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,**…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 Juſ…itiae & nu… 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, th…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 en…m Judicem cun…a ruminari, &c. And he gives Reaſons for all theſe from Scriptures.**Deut. 1. Job. 29. 2 Chron. 19. …amford, lib. 2 c. 4.Deut 1Job 292 Chr 19

One thing more required, and that is the Baſ… of all the reſt, they muſt be men fearing God. The fear of God is the Foundation of all the other qualifying Vertues,**fine h…c no… 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,**cu… ex p… tenciahomine…. Gen. 20.11.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 p. 47whoſe 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. 6.6Prov 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.…Luke 13 ſuch a cruell and bloody Crew of unjuſt Judges not fearing God, were the Chief-Prieſts, Scribes, and Elders,**Matth. 27Matt 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 ſhock of Bloody Robbers.

Therefore, that Judges may bring their hearts to this fear, let them informe themſelves of two things.

Firſt, as they can doe a King and State no higher injury, then by wreſting of judgment to violate Lawes. So Kings (thus provoked) have and will put the higheſt Cenſures, and that deſerved…y upon ſuch Godleſſe Judges, as neither fear God, nor reverence them: and that the rather, becauſe Kings ſhall anſwer to God for all the violence (eſpecially in caſe of Blood) and wrong that they commit or maintain, under pretence of their Place.

And therefore as Kings had need of many Eyes, and alſo to uſe them, the Egyptians drew the Hierogliph of their King, in a convolved Serpent alwayes awake; holding faſt as it were byting the tayle in the teeth: writing upon it in ſtead of the Kings Name, Cuſtos, a Keeper, giving Kings to underſtand that if they will be Kings indeed, they muſt have an Eye to all things; aſwell the leſſer, as the greater, that co…ern the good of the Weal-Publique, eſpecially, in matter of Juſtice,**Valer lib. …. pag. 140. that Womans ſpeech to Caſar, though ſomewhat bold; yet was not in-opportune in it ſelf, nor evill taken by him. If Caſar will Raigne, he muſt look that his pooreſt Subjects have Juſtice.**Eraſmus lib. 6. Apoth. For the hurt of the leaſt Member, reflects upon the Head. And therefore, good p. 48Theodoſius the younger gave a ſweet expreſſion of a Princely diſpoſition.**Ad privata oportet principem eſſe facilem ad ignoſcendum: in iis quae laedunt rem debent eſse ſeveri. Eraſm. Apoth. 8. In privacies Princes ſhould be eaſie to pardon; but in things that prejudice the Weal-Publique, they ſhould be very ſevere.

But to the point of danger to unjuſt Judges; let that remarkable Example ſuffice for all, Seſamines by an unjuſt Sentence perverting the right of a poor Woman, ſhe pittifully complained to Cambyſes the King, who took the matter to hearing, and finding her to be wronged in judgment, he cauſed the Judges skin to be flead off, and to be ſet in the place of Judgment (or as ſome made a Cuſhen of it) appointing his Son Ottanes in his place, with this Item; that when he looked on his Fathers Skin, he ſhould be taught to do righteous judgment.**Herod. lib. 4.

This were a dangerous Law in theſe evill dayes, Cum pones juſtes jus eſt, &c. where Judges kill the Witneſſes, ſurely if skins ſhould be hazarded, for every unjuſt Sentence, if ſome had more skins then the Serpent, that caſteth one every year, they were ſure to forfeit them all.

The ſecond meanes to bind this feare upon their hearts, is that inevitable Anſwer, without Appeal, that they muſt make before the high Judge of Heaven and Earth to whom they muſt give an account of their great Steward-ſhip; which if they cannot do, as they have broken the People in judgment ſo God will bray them to powder. He who aſcends the Seat of Juſtice, ſhould ſo judge: as he deſireth to be judged by that great & ſupream Judge in the laſt judgment, over whoſe judgment he was left on earth. Saith one, where this holy in-awing fear is not in Judges, in judging according to the Lawes, they plague the State, prejudice the King, and abuſe his Royall Favour. They diſhonour our God, whoſe judgment they execute, and they provoke God to plague them in their Poſterity. …tneſſe, God himſelf in divers places,**Exod. 23.8.Exod 23:8 where the reaſon why men ſhould not wreſt Judgment, in ſlaying the Innocent, ver. 7. is this, He will not juſtifie the Wicked, verſ. 8. that is to ſay, God will be avenged of the unrighteous Judge. So in the ſecond Pſalm, and other places. The Prophet Micah in p. 49the 3. of his Prophe…ie from the 9.10 the 11. ſ…th forth Emphatically the monſt…s and cruell dealing of the Judge; of Iſrael, they ab…r j…dg…t, ſ…ith the Land and pervert Equity, they build up Sion with Blood, and Hi… J…l… with Iniquity, the Heads thereof judge for reward, th… Prieſts teach for Hire, and the Prophets Divine for … yet they leane upon the Lord, and ſay, is not the Lord among us? None evill can come upon us. But obſerve what followeth in the leſt verſe, therfore ſhall Sion for your ſakes be plowed, …ſa… ſhall become an heap and the Mountain of the houſe, the high-places of the Forreſt; where obſerve, how the Impieti… and Iniquity of the Iudges and Miniſters of a Nation covered with Hy…roc…iſie, doe not onelyonly bring a fearfull plague upon them and theirs; but alſo utter deſ…l…tion upon Church and State. As the greater Caeleſtiall Bodies out of frame do diſtemper the inferior; ſo if Judges more not directly, they marre all: as ſinews or tendo…s out loſeth the motion of the Member, becauſe they cannot be conſolidated; So want of integrity in Judges makes a la…e Common-wealth. As the Organicall parts are of the ſ…e temper with the ſimilar parts of which they are compo… ded; to Perſons & Officers in Law follow the temperature of the greater, as Councellours and others. God pronounceth an heavy Curſe and a Woe againſt ſuch,**Deut. 27.1… Eſa 5.23.Deut 27:1Isa 5:23 all their ſuppoſed advantage of place ſhall inlargetheir Pu…iſhment▪ their Table (as the Pſalmiſt ſpeaketh) ſhall be made a ſ… unto them,**Pſal. 69.22Ps 69:22 and every good thing that they poſſeſſe ſhall increaſe their Woe.**Potentes tormenta patientur. Mighty winked ones ſhall be mightily tor…nted. God moveth a fearefull Queſtion unto ſ… as turn alide judgement, what will ye do in the day of Viſit… … where b… …h… con…r…ry they that eſtabliſh judg…t in th… ga…e. ( … A… ſpeaketh) hath p…iſes of …y and Protection,**Amos 5.…Amos 5 a… D…od…r… S…l… rep…eth the ma…r of the Th…i…. **quod capital… crimen habitum cavillationib… interpretam legum, ſeveritatem & Majeſtatem diſtrahere proinde …utum …rat non cicere niſi laqueo colio circumdato, &c.It was holden a capi…ll Crime, by … villing … …o …ſtract or ſtr…tch the ſi… of the Lawe… … …rity; and … i… as … dai… that in … of gr…at conſ… … of … the … …re and i… … La…es, of … p. 50and Policy were to be ſcanned, being the very ſouland ſpirit of the Weal-Publique. The Councellors come to the Bar and Plead with …alters about their necks, that if they offered Violence to the Law, they ſhould be hanged up. Bernard ſpeaking of ſuch**Ampullis & reſonantibus, verbis. as by ſwelling & frothy words pervert the Laws he calles them H…ſtes Inſticiae▪ …mies to juſtice. Galen ſpeaking of bad Phyſitians who deceive themſelves and others; ſheweth the of ſtrength erroneous Opinions, when they once ceize upon the mindes of men. How much more dangerous when they ſtuddy falſhood for love of Lucre? falſe opinions ceazing upon the ſoules of men make them not only deafe but alſo blind: this affected blindnes ioyned with greedineſſe of gain 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 flu…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 foreign they a… the Auxiliary bands of God: but if they fall into the hands of Moun…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 Sanctio…: ſo the judges or deliverers of the Law, are by the Leg…ſts called S…dotes. That is ſacra d…tentes …t miniſtrantes, teachers and adminiſtratros of the Holy things▪ therefore it is Sacriledge to abuſe, or innovate them. If the ſ…preame judg on earth cannot inno…ate the Lawes, except they croſt the Lawes of God and the good of the State; then mue… leſſe …a… Mi… ſt…rs …r deliver…s of the Law cru… to the Right hand … to there…, from the …ve intent and m…ning of the L…ws▪ Now that the former may not; it is cleared in th… Tr…tiſe called the comendation of the Laws by that n…er-enough commended fallen of the Laws Gh… …ſ…er▪ F…aſ…, and that by an…eleg… Sim…e from the… … the body politick in theſe word…. As the Head of a …ody. Natu…all…annot change his fine…es, no… cannot deny or withhold p. 51from 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 Lawe…, 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 Imperia… 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 conſc…onable …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, **Conſci… l…gis vincere Conſci…iam …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 ob…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, Cu…d… L… g…, of the Keepers or Miniſters of the Laws. Which corrupt Miniſters are not unlike thoſe Succed…an Ʋi…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 Se…jeant anſwered him, that upon his Lordſhips Com…ent, he had warned them to appear: the Lord Major rep…ed that he gave order for the Brewers appeara…ce: It is true my Lord, (ſaid he) and theſe be p. 52the 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 …e… cia foederis exlex. Not onelyonly lawleſſ… but ſuch (as if they be in place) trouble and bemire the pure Fountaine… 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.Ezek 34:18Ezek 34:19 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. 2.10Ps 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 p. 53their hand, the wrath of God (ſaith he) is revealed againſt ungodineſſe.**Impiet as eſt proc are in Deu… Iniquil… in Homi…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, foreign, a word borrowed from the Practiſe of ſuch as tyran… …y … preſſe the I…uo…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 Ri…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 ulti…a primis, the laſt is like the firſt, When accuſations come from men of place, from whom nothing but ſacred truth ſhould proceed, they ceize deeply upon the Accuſed, being brought low in the eyes of men, how ſoever they be guiltleſſe both in Gods eyes, and in the eyes of all that are impartiall. It is an ordinary courſe in ſuch Accuſations, to uſe words of courſes which being many in number, and wanting weight of proofe ſunt ſol…is le…a caduci…, of themſelves they are lighter then fallen leaves. How ſoever accidentally they damniſie the Accuſed.

Now to cleer my ſelf of this, as of the former, according to the courſe that I have taken in the reſt, Let us conſider p. 54what Faction, or a Facti…us Perſon is, for as my Accuſor ſhould have cleered the Crimes charged upon me, by giving a definition or deſcription of them; and ſo according to the nature of a definition,**Rem definitum proſequi dum proprium. efficiat…r lib. 2. de demonſt. c. 14. …it. 17. is to proſecute the thing deſined, till it plainly appeare to agree properly to the Party ſpoken of.

But as I am not gvilty of the mater nor charge with it methodically: ſo I follow a cours by way of Definition to acquit my ſelf of the mater charged upon me, namely proving directly that the thing defined toucheth not me. N…m eni non competit defintio non competit definitum. Faction with Lawyers and Polititions, is either taken in the better, or in the worſe ſence. In the better ſence, it is ether taken ſo ſimply, or accidentally, the former of theſe is defined thus by Polititians * there is one kind of faction, which defendeth the Lawes and Right of a Weale-Publiqve againſt all uniuſt opoſers of the ſame. And this is the beſt or an approvable factions. Of this kind of faction I deſire ever to bee, and all good Subjects ſhould doc the like, ſo farre as place, and power, calleth them.**Nam nati ſumus potius Reipub. & legibus quam nob is ipſis. We are rather borne to the Republique, and the maintenance of its Rights; then to our ſelves. The latter kind of good faction conſiſteth, in the deviſion of families, or men of note in place, evil in it ſelfe, yet accidentally good, becauſe it poyſeth the adverſe faction. To this purpoſ ſpeaketh that great Ropſodian in Rep: * diverſe factions ſo they move not ſedition, are to be tolerated in a common-wealth: becauſe by this means the State may be better tempered, and kept as it were in an equall ballance. Inſtance, in Rome, the Tribunes of the people, kept the Conſuls and the Senate in an Equilibrie. So in England under Queen Elizabeth and other Princes, by divers factions the State was Poyſed: howſoever the parties in their diviſions had their owne particuler ends. And this is that concerdia diſcors, that keepeth the State in tune and temper. The ſecond ſort of faction is evill continually and co-incident with ſedition, though in ſome particulars they differ, there is a faction (ſaith a Statiſt) that without juſt ground ruſheth upon violent courſes; and this faction, is ſedi…on, if it be confirmed by Covenant, it is called Conſpiracy, if by oath Conjuration p. 55where upon imediatly followeth his definition or deſcriptiō; faction is, a gathering together of more or …wer by Conſpiracy the end or Iſſue where of (ſaith Bodin) is either the deſtruction of both or the advancement of the one party to the ſtern of Government. For this there be a world of Inſtances, as of that Faction of the Gwelph… and Gibellines, that of the Samaritanes, and of the Iewes, and of the M…n of Iudah, and the Men of Iſrael, Tacitus gives a deſcription of Factious Perſons, being baſe and poore in their privacies, and having no hope to raiſe themſelves; but by the ruining diſſentions of the Publique State, they become deadly miſchiefes to the Common good, and therefore are to bee taken off.

The Grounds of Faction, are Ambition, or Sedition. Avarice, Hatred, Diſcord, and the like, or dependenc… upon great ones, whoſe Humour, they ſerve, and whoſe Diſcords they foment.**Unde factioſi qui primates civitatis diſcordantes ctantur. Hence they are called faction (ſaith the Orator) who follow the great ones of State in their diſcords and heart-burnings. This ground of Faction was called by the Antients. Ius Client…a the right of …a…ing, or ad…er…g to their Patron or Defender, whoſe obſervancie they preferred before the League of Kindred and Friend hip. Plu…arch in the life of Romulus. treating of this Subject, calleth ſuch Clyentes foreign willingly to come nigh, or to adhere, intimating the ſtrict neceſſi…ude between ſuch Clyents, and their Patrons or Maintainers. Iulius C…ſar calleth theſe Clientary Coitions, factiones, factions.

Another main ground of Faction, and the laſt that I will mention, is Reward. In ſuch States or Kingdomes wherein Factions are …pened and maintained by Rewards there Faction or Sedition ſhall never be warting. For that thing to which there is a gainfull recompence propoſed, muſt needs grow exceedingly, be it good or bad. To this purpoſe ſpeaketh that univerſall Architector. The Riſe of Diſcord and Sedi…, is from converting a Publique Right into a Private.

Now let me be put to tryall upon theſe particulars, both from the Nature and Grounds of Faction, as upon a competent p. 56Jury, 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 know not what is to be faithfull.

As I am thus acquitted from the nature of Faction;Sect. ſo all the Grounds of Faction or Sedition will cleere me of the guilt of it.

Eirſt, for Ambition, which according to the Etimon foreign is a Haughty deſire of Dignity, or Vain-glory; which as a Father calleth it,Barnard Ep. 126. is cauſa furoris, the cauſe of madneſſe, now a dayes eſpecially: As I had no ground for it, conſidering mine own unworthineſſe; ſo I thank God, ſince ever he gave me a call, I deſired never to be ambitiou… of any thing, ſave to have a ſhare in Pauls Ambition, Namely, to know the Power of Chriſts reſurrection, the Fellowſhip of his Sufferings, and to be made conformable unto his Death.**Phil. 3.10.Phil 3:10 In evidence whereof, the world knoweeth, that for keeping a good Conſcience, I have forſake-great p. 57Preferment. As for coveteouſneſſe the roote of all evill, by Gods mercy I had learned in ſome meaſue to be content, And where coveteouſneſs (as Auguſtine ſaith) conſiſteth in two thinges in aliena rapi…nd… et cupide ſua ſervando, in robbing others, and in two nighly kee…ing of a mans owne; For the former non can accuſe me; and for the latter the world can wi…neſſe with me that at time and time; I have loſt for Chriſt, and the State a competent ſtate for a private man. For hatered; howſoever I had many wrongs now and then; yet bleſſed be God they turned ever to my good; why then ſhould I hate the Inſtruments? for this had been to have marred the Medicine, and to have weakned Prayer, by which the Medicine is ſanctified. Auguſtine ſpeaketh ſweetly to that purpoſe.**ſicut nullum in vulner evalet medicamentum, ſi ſit infut farum ita nihil proficit oratio ubi manet odium. De rectitud. Catholic. converſe. As no Salve can cure the wound ſo long as the weapon remaineth in it; So Prayer in affliction profiteth nothing, ſo long as hatred remaineth in the heart.

As for Duſ…ord (as the Prophet Jeremy ſaith) I had not much mediing with the World, and therefore the leſſe ground for contention. As for Clientary Dependency, in truth I neither had it nor did affect it; Neither had I relation to any great Ones except my Calling occaſioned me.

Laſtly for Reward, It is true indeed, that Reward of the Good, and Puniſhment of the Bad, be the Rod and Staffe of Government: yet I can ſafely ſay, that I was ſo farre from any mans reward, that I rather ſpent of mine own in any buſineſſe of State I confeſſe ingeniouſly, that the Seeds of all the former Corruptions are in my corrupt nature; yet the grace of God in me did ſo curſe the ſpringing of them, that I proteſt, they never grounded in me, the leaſt thought of my ſeditions Faction as is here charged upon me. But by theſe grounds, it will appear, who be the ſeditiouſly Factious; namely, Ambiti us Humans, and over-lording Dictrepheſes; who! ſo they climbe, they care not who, or what fall. And by the golden ſteps of their aſcent, it evidently appeareth, and they may truly ſay with the chiefe Captain, foreign with a great ſumme we have redeemed it.**Act. 22.2….Acts 22:2 And when they are once mounted in Seats of Juſtice they p. 58verifie that which Innocentius ſaid of his time;**Non curant Prodeſse ſed gloriantur Praeeſſe. De utilitat conditionis human…. their care is not to profit the State: but all their glory is, that they are ſet in high pl…ces. And then they make the ſuppreſſion and conſuſion of Divine and Humane Lawes, Scabella ambitionis, the very Foot-ſtooles of their Ambition. On theſe men and their Practiſes, Nero's Motto may well be ſet.

N…bis viventibus, terra miſceatur Coelo.

So we live, let all he ſwallowed up in confuſion.

A ſecond ſort of ſeditious Perſons, are ſuch cove…ous Achans, as ſhake the Foundations of Piety and Policy, for a wedge of Gold, gain-ſaying Baalams, who when they cannot curſe the People of God as they would, they lay ſtumbling blocks before them, to cauſe them to eat things ſacrificed to Idols, and to commit Fornication. Which words are the very Comment of our Saviors words, upon Baalams practiſe,**Rev. 2.14.Rev 2:14 and all this breaking of the people, and polluting of Gods Worſhip, plotted and practiſed by that factious Baalam, Numb. 22.7.Num 22:7was for there ward of Divinations, as Moſes calleth it:**2 Pet. 2.15.2 Pet 2:15 or wayes of unrighteouſneſſe as the Apoſtle calleth it, * of this Cut was ſeditious, treacherous Iudas, who betrayed the Innocent blood of his Lord and Maſter, for a poor piece of Thirty-pence. Even ſo the eyes of ſuch Baalamites and Iudaſſes, whoſe hearts hunt after reward, may eaſily be put out: and what will they not do, or undo! Philip never doubled the ſurpriſall of that City, where an Aſſe might enter laden with Gold. Yea the Spirit of God (as I have formerly noted) telleth us, that where the Heads judge for reward, the Prieſts teach for hire, and the Prophets Divine for money; there ſhall be nothing but over-whelming deſolation.**Mich. 3.11, 12.Mic 3:11Mic 3:12 Theſe may well be called foreign inexpleble Hogs-head, whoſe practiſes only challenge this Motto.

Oportet habere nil refert vnde. Have wee muſt; but whence, and how, it matters not.

A third Sort that become Seditious, are ſuch Miſanthropicall Athenian Tymon's, whoſe Bowels will burſt, if they cannot vent themſelves in Bloody revenge. It is true, there p. 59is a lawfull and neceſſary hatred; and that is, both of Evill and of Evill-men: ye lovers of the Lord have the evil: ſo the Prophet ſaith of evil men. Do not I hate them (O Lord) that hate thee? I have h…ted them that obſerve vain Falſhoods. **Pſal. 97.10:Ps 97:10Where by the word Hebel tranſlated Lying-Ʋanities, or vain-falſhoods. He underſtandeth not onelyonly the vanity of world…y things ſpoken againſt by Solomon, **Pſal: 1: 73but eſpecially I dolatry, or mens vain Inventions in Gods Worſhip as ſome Tranſlations have it; and theſe are often ſo called in Scripture as,**Eccleſ: 10 becauſe they are light, vain, Deut: 32: 27 1 King: 16.26 Jerem. 8.9:Jer 8:9vile the word is ſimmed out by the ſame Prophet, in the fore-quoted 139. Pſalm. By the qualification and extent of it, I do hate them with a perfect hatred, or with perfection of hatred; I eſteem them as mine Enemies, verſ. 22. where by perfection of hatred is meant (as Auſtine well expounds it)Vitia non homines ediſſe nec vitia propter homines dilexiſſe. to hate the Sins, and not the Perſons, nor to love the Sins for the Perſons; yea; the very Heathens could go thus farNaturam errantem dividere a vitiis. to difference men from their Vices, and thus not to hate is to ſin, and to provoke the breaking out of the Lords wrath. Inſtance that ſaying of the Seer to Ich…ſaphat, wilt thou love them that hate the Lord. Where by conſequence, he ſhould have hate them:**2 Chro 19: 2.2 Chr 19:2 But as this hatred is good, rightly determinated by the object. So there is another hatred that is nor good; namely, the hating of the good; and this is vatineanum odrum▪ that deadly and irreconcilable hatred which is the ground of Faction and Sedition; as this is of the Divel, and all other workes of the Fleſh; ſo hence ariſeth in the wicked foreign an endleſſe Warre with the Godly. And of all the Factions, or Seditions▪ that ever we read of, where the Goſpel was preached. We ſhall ever find men of this mood, the raiſers of them. Was not hating Iſh…ael, the cauſe of the Faction in Abrahams houſe and Eſa… in Iſaacks houſe, and Ioſephs Brethren in Iacob, houſe; and were not all theſe Factions from Helliſh hatred? and this hatred is without a cauſe (as our Saviour ſaith) they have hated me without a cauſe. Iohn. 15.John 15Yea, it is (as I have ſaid) for the good they ſee in the godly.**Mat. 10.22.Matt 10:22 Yea, ye ſhall be hated of all men for my names ſake. And from this hatsed ariſeth factious perſecutions, wherewith they follow the People of God. p. 60and wh…n they ſhall perſ…ente you, &c. verſ. 23. And in this they riſe up and conſpire againſt God and his Chriſt,**Pſal. 2.2 Sicut rex imagine honoratur ſic. Deus in ſuis diligitur aut oditur. Greg. mortal 10.Ps 2:2 as a King is honoured in his Image: ſo God is hated or loved in his own. He cannot hate them, who loveth God; nor can he love God that hateth them. As the I vie or Colewort through Antipathy, eatech the hart out of the Vine; and the Oake planted by the Ollive, loſeth the growth; So that Serpentine hatred of Soules poſſeſſed with it, againſt the good of Religion and State, will not ſuffer them to reſt till they have either ſecretly eaten our the heart of both: or by open Faction burnt up the Vines, and hewed down the Oakes, yea, and Cedars too, whereby the ruine of the State enſueth; and this word will ſerve their humours, aut pereo, aut perim….

The 4 Seed of Sedition, is Diſcord or Contention one object ſeem two:Sect. ſo the chriſtallin humor of reaſo miſplaced, make a work alſo of the fleſh. As hatred (by Auſtine) is ſaid to be tras in ocul…, A beam in the Eye. As the Chriſtalline humour of the Eye, wavering towards any corner, makes the Eye evill againſt the good that it hateth. As Hammons hatefull Eye was evill againſt Mordecai, and the P…ariſees againſt Chriſt. Out of this hatred ariſeth contention (as Solomon ſaith) Hatred ſtirreth up ſtrifes,**Prov: 10: 12 and ſtrife or contention muſt be ayded and maintained by Sedition: As the one of theſe is the originall of the other, ſo God diſclaimeth them both, as the Workes of the Divel. The ſower of Diſcord (ſaith Solomon) is an Abomination to God,**Prov: 6: 19 and God is not a God of confuſion, as the vulgar, or rather according to the word foreign of … us ſtirs. As an Impoſtuma…ed Botch (ſaith Plutarch) having rooted it ſelf deeply in the fleſh; caſteth the Body in a Feaver, whoſe Cr…sſis proveth often deadly: Even ſo Contention ſeated in auima exulcerata in a Soule, feſtered with hatred, begetteth that Peſtilantiall Feaver, of Seditiou… Faction, which cauſeth the d…ſlocation of every State where it cei…eth. Inſtance the ruine of all Common-wealths that ever we read of. Inſtance the ſoure Monarchies, this Iſland; and all out Neighbour Kingdomes; the particulars whereof I paſſe, becauſe p. 61they are ſo well knowe: to my purpoſe lee Ʋirgils teſtimony fuſtice for all, Egl. 1.

Im…ius hac tum culta novalia miles habebit;

Barba…s has ſegeſt… …n quo diſcordia …ives

Perdu…it …iſeres! Enqueis conſevimas agres!

Shall Impious Souldiers ſhare our fertile Soyle?

Shall ba…oarous Brood reap that which we have ſownd?

Loe Citinen… what miſchief Diſcord brings.

The Common wealth is like the Tythian Stone; of which Plynie ſpeaketh,**lib. 2. c. 106 lib.; 6: c: 17. that notwitſtanding the greatneſſe and weight of it; if it be intire, will ſwim above the water: but if it be diminiſhed never ſo little, it ſinketh. Even ſo by Concord-Internall, the Common wealth is upholde…, though it be preſſed down with the weight of much oppoſition; But if factious Diſcord beſet the heart, like unto that Diſeaſe called foreign Palpitation of the heart, which ariſeth from foggy and fuliginous vapours, included in the Pericardium, or tunicle of the hart; then by agitation, it fulleth into a deliquium, or fainting fit, and ſinkes right down: and as in this Diſeaſe, a Burning Feavor is deadly, if it be not prevented by Phlebotomie; So, except the Liver-vein of contentions Faction be opened, actum eſt de …e…b the S…s is …. As the great winds that bloweth, cannot move the Earth, but the ſubterranean Vapours in the Bowels thereof, make an Earth-quake, till all reele again; So thoſe ro…en vapours ſtuffed up in the Cavernes of Factions, under the colour of much deceit full calmneſſe, break … …ſt in an o…r tarning Earthquake. But in the enucleation or uncovering of this corrupt Seed of Contention, it is … that I re…iſie, if I can, a wilfull miſtake of the worſer ſort, or at leaſt, reſolve the doubt of the bea…, … by a cleere diſcovery who be theſe conce…i… … and by conſequence who be the factions: Both the peaceable and contentious agree in the Theſi or generall, that contentious Perſons, are pernicious weeds, and are either to bee kept very low, or to be pluckt up; p. 62But in the Hypotheſi or particular application, they diſſent mainly, who are thoſe contentious ones. Men of contentious Spirits have nothing rifer in their mouth, then crying out of contention. They have the Syntereſis of the matter in their minds; but not the Synedſis in their hearts. Like Iobs Friends, they make good enough Majors, but very evill Minors.

With the men of the World, who are thoſe contentious Perſons? but even the men of Peace, Peace-takers, Peacekeepers, yea, and Peace-makers with God and Man; or what would become of the Worldlings, who ſtriving againſt God, and the Good, as their Nature and Practice is, to put the brand of Contention upon men that love nothing leſſe. If they would trouble the waters with the turbulent Jews, who is the contentious man, But the Prophet Jeremy?**Jer. 15.29.Jer 15:29 a man as peaceable, as they were impiouſly contentious; there the Prophet heavily complaineth, that he was reſerved to ſuch wicked times, wherein the Offenders do charge the offenceleſſe. And ſo may Gods diſtreſſed people now juſtly complain; for Contention is charged upon them even by the contentious, who hate the very firſt motions of it. The Arminian brood & ſervers of their own bellies, yea blaſphemous Sectaries make the Pulpits and private houſes ring, and their Papers fly, with nothing ſo loud, as the proclaiming 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 fora…, 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 p. 63Ones; 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 3Jude 1:3 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 foreign 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 p. 64of God have beene more then Conquerors, overcoming Kings and Kingdoms foreign ſaith the Apoſtle, Through Faith they ſubdued Kingdoms, **Heb. 11.33.Heb 11:33by the ſame Agony or ſtrife there, we muſt enter in at the ſtrarght gate, either removing, or leaping over all impediments.**Luke 13.24Luke 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.Gal 5:6 In which words, the Apoſtle implyeth the aſſaults that the Saints ſhall endure, if they ſtand by their co…ours, and will not either quit the colours of Chriſt, or at leaſt quar…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 foreign that all thrive the better whēthe 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 …o ut cum venenum cum veneno luctatur, ſervatur homo, itide… 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 Conten…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 p. 65people 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. 11.161 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 Muſequ… ) he giveth this note of the truth of it.**ſitales ſierine n… 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.**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 p. 66ſome 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 Ʋox 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.foreign, 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.