by the king, a proclamation whereas we have been inform'd, that a false, scandalous, and seditious libel ... intituled an account of the proceedings of the house of commons in relation to the recoining the clipp'd money, and falling the price of guineas ... england and wales. sovereign (1694-1702 : william iii) 1696 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a66192 wing w2439 estc r39441 18419354 ocm 18419354 107518 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a66192) transcribed from: (early english books online ; image set 107518) images scanned from microfilm: (early english books, 1641-1700 ; 1632:15) by the king, a proclamation whereas we have been inform'd, that a false, scandalous, and seditious libel ... intituled an account of the proceedings of the house of commons in relation to the recoining the clipp'd money, and falling the price of guineas ... england and wales. sovereign (1694-1702 : william iii) william iii, king of england, 1650-1702. 1 broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : 1696. other title information taken from first five lines of text. "given at our court at kensington the fifth day of november, 1696, in the eighth year of our reign." reproduction of original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -great britain. libel and slander -england. great britain -history -william and mary, 1689-1702. 2008-02 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion w r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation . william r. whereas we have been inform'd , that a false , scandalous , and seditious libel , and destructive to the freedom and liberties of parliament , intituled , an account of the proceedings of the house of commons in relation to the recoining the clipp'd money , and falling the price of guineas , has been printed and dispersed ; and whereas the knights , citizens and burgesses in parliament assembled , have humbly besought vs to issue our royal proclamation , for discovery of the author of the said libel : we therefore ( with the advice of our privy council ) have thought fit to issue this our royal proclamation , hereby requiring and commanding all our loving subjects whatsoever , to discover the author of the said libel , to the end he may be dealt withal , and proceeded against according to law. and we do hereby promise and declare that whosoever shall discover the author of the said libel , shall have and receive as a reward , for such discovery , the sum of five hundred pounds ; which said sum of five hundred pounds the commissioners of our treasury are hereby required and directed to pay accordingly . and we do also further promise and declare , that if any person ( other than the author himself ) who was any ways privy to , or instrumental in , the printing or dispersing the said libel , shall discover the author thereof , the person making such discovery , shall not only have the said sum of five hundred pounds , as aforesaid , but also our gracious pardon for his offence . and we do hereby strictly charge and command all our loving subjects ( as they will answer the contrary at their perils ) that they do not any ways conceal , but discover the author of the said libel , to the end he may be proceeded against with the utmost severity , according to law. given at our court at kensington the fifth day of november , 1696. in the eighth year of our reign . god save the king. london printed by charles bill , and the executrix of thomas newcomb , deceas'd , printers to the kings most excellent majesty . 1696. advertisement by dr. monro presbyter of the church of scotland. monro, alexander, d. 1715? 1693 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a89224 wing m2436a estc r180791 45789362 ocm 45789362 172673 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a89224) transcribed from: (early english books online ; image set 172673) images scanned from microfilm: (early english books, 1641-1700 ; 2645:5) advertisement by dr. monro presbyter of the church of scotland. monro, alexander, d. 1715? johnston, andrew. 1 sheet ([1] p.) s.n., [edinburgh : 1693] "declaration by mr. andrew johnston, december 2d. 1693."--middle of page. place of publication suggested by wing. reproduction of original in: dr. williams's library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ridpath, george, d. 1726. -scots episcopal innocence, or, the juggling of that party with the late king, his present majesty, the church of england, and the church of scotland demonstrated. church of scotland -establishment and disestablishment. scots episcopal innocence, or, the juggling of that party with the late king, his present majesty, the church of england, and the church of scotland demonstrated. libel and slander -scotland -early works to 1800. broadsides -england -17th century. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion advertisement by dr. monro presbyter of the church of scotland . i find my name abused in a late pamphlet ( i suppose written by one mr. george ridpath ) as if i had sent , or commissioned , or ordered mr. andrew johnston to counterfit the name of one mitchell , to a certificate without his consent . what past between mr. johnston and mr. mitchell i only know by relation ; mr. mitchell and mr. johnston may reason this affair betwixt themselves as they see convenient . let my country men read the following declaration and then determine by the rules of honour and equitie , how far i am concerned in this calumny . declaration by mr. andrew johnston , december , 2d . 1693. whereas it is said in a scandalous pamphlet , entituled the scots episcopal innocence , that i forged the hand of thomas mitchell lately , in cornhill , and affixed it to a certificate , bearing that johnston of lockerby was excommunicated for adultery , which certificate was inserted in a book , entituled , the spirit of calumny and slander . the said mr. andrew johnston declaire that i am ready to take my solemn oath before any of the judges in england , that tho. mitchell signed freely at my desire the said certificate as i offered it , and as it was inserted in the said book : and that i know no other certificate different f●om the former signed by him . and whereas it is most villanously said of me in the pamphlet , entituled the scots episcopal innocence , that i was put upon this pretended forgery by some of the scots clergy ; i do declare before god , and by my hopes of heaven , that never any one of the scots clergy directed or advised me to procure any certificate , but what might be freely had ; particularly that dr. monro , neither directly nor indirectly by any order of his , or the least insinuation prompted me to do any thing as is scandalously reported , and this i do again repeat , as i hope for any benefit by the merits of our blessed saviour . sic subscribitur andrew johnston . signed at mr. watson's coffee-house , at the lower end of the hay-market , in presence of alex. mccutosh , clerk. pat. dujon , student in divinity . john murdoch , clerk. james cunningham , student in divinity . james white , student in physick the case of mr. wynne, against capell, swaine and price, petitioners. wynne, mr. 1690 approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b02599 wing c959b estc r176223 49520851 ocm 49520851 174095 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b02599) transcribed from: (early english books online ; image set 174095) images scanned from microfilm: (early english books, 1641-1700 ; 2664:2) the case of mr. wynne, against capell, swaine and price, petitioners. wynne, mr. capell, john. swaine, robert. price, john. 1 sheet ([1] p.) s.n., [london? : 1690?] date and place of publication suggested by wing. reproduction of original in: llyfrgell genedlaethol cymru/national library of wales. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng libel and slander -england -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 mona logarbo sampled and proofread 2008-05 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of mr. wynne , against capell , swaine and price petitioners . , john capell . the 24th of march 1688 / 9 , he delivered me at hampton-court , an information of his own hand-writing ; which i delivered the same day to the right honourable the earl of shrewsbury . some days after , capell ask'd me for some money , to defray his charges back to windsor : but i not complying with his desire , he hath ever since published , that i had suppressed treasonable informations , calling me , traytor , &c. whereupon i was advised to take my remedy at law against him ; and complaining to the bench of justices of the peace in middlesex , for being scandalized in my office , obtain'd a bench-warrant against the said capell , upon the 29th of august 1689. being taken in november , he appeared according to his recognizance at hicks-hall , on the 16th of december , being the last day of the sessions . i desired he might be continued till the next sessions , for that i had fresh and further informations against him ; and objecting against his bail , viz. john temple , and john price , as being reputed common informers , and insolvent , the said capell was committed for want of bail , and not for the reasons suggested to the honourable house of commons , as by the votes of the 17th of december . robert swaine he and another , brought before me ( in august 1689 ) one white , alias grey , a suspected popish priest ; white alledged , he was a minister of the church of england , but could not produce to me his letters of ordination . i told him , that i must then commit him to jail ; he replied , he had been taken up already by the same warrant , ( and by the same persons ) about a month before , and stood bound over to the next sessions , before two other justices of the peace , ( as by the recognizance will appear ; ) so that i directed them , to apply to the same justices again , if they had any thing further to say against him . swaine has ever since published , 1. that i had discharg'd a popish priest . 2. that i was a rogue , and ryscal , and held correspondence with the late king james . 3. that he had told the king's majesty , how that i had betrayed his majesty , and the nation , by discovering the counsels to the late king james , &c. 4. that before he and others would have done with me , they would have me in newgate , and used as a traytor ; that in the mean time , he had got me turn'd out of the secretary of state 's office , &c. as doth appear by several informations upon oath , numb . 1 , 2 , 3 , 4. upon which , i was also advised , to bring my action at law against the said swaine , which is now depending . john price one of the three petitioners , i know not , and never had any discourse with him ; only in the abovesaid informations upon oath , the names of capell , swaine , and price , ( with some other english , and irish men , ) are mentioned to be a gang , that drive on the trade of common informers , and such as conspir'd together to do me mischief . that capell is such , appears by his having followed no other trade since march last ; and being committed the 16th of december , for want of bail , declared , it would be a job worth to him 20 l. as by affidavit upon oath , numb . 9. that he lodged at a papists house , and protected papists , by pretending to be one of the kings messengers ; and took money of papists , to excuse them from being taken up , numb . 10. 11. swaine that he took money of people he seized upon pretence of high treason , without shewing any warrant , or using any legal officer , as by affidavits upon oath , numb . 4 , 5 , 7 , 8 , 11. that he prosecuted one , some years ago , for speaking seditious words against the late king james ; and offer'd to compound for a treat , and some money ; and , for a guinea to get the indictment found ignoramus , numb . 8. price that he often pass'd for one of the kings messengers , appears by the abovesaid affidavits upon oath , ( numb . 5 , 6 , 7 , 11. ) which are against him , and swaine , jointly . and that he and his gang , pretending they were the kings officers , riffled houses , without either warrant or constable , taking away several books , and other things , numb . 6. notes, typically marginal, from the original text notes for div b02599-e10 that capell , swaine , and price , are common informers . to the honourable the knights, citizens, and burgesses in this present parliament assembled the humble petition of clement vvalker, and william prynne, esquires. walker, clement, 1595-1651. this text is an enriched version of the tcp digital transcription a96850 of text r212163 in the english short title catalog (thomason 669.f.8[44]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a96850 wing w337 thomason 669.f.8[44] estc r212163 99870809 99870809 161095 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a96850) transcribed from: (early english books online ; image set 161095) images scanned from microfilm: (thomason tracts ; 245:669f8[44]) to the honourable the knights, citizens, and burgesses in this present parliament assembled the humble petition of clement vvalker, and william prynne, esquires. walker, clement, 1595-1651. prynne, william, 1600-1669. 1 sheet ([1] p.) s.n., [london : 1644] praying for protection against slanderous reports concerning their conduct of the case against col. fiennes in a council of war. reproduction of the original in the british library. eng fiennes, nathaniel, 1607 or 8-1669 -early works to 1800. libel and slander -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a96850 r212163 (thomason 669.f.8[44]). civilwar no to the honourable the knights, citizens, and burgesses in this present parliament assembled. the humble petition of clement vvalker, and wil walker, clement 1644 1208 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-08 emma (leeson) huber sampled and proofread 2007-08 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the honourable the knights , citizens , and burgesses in this present parliament assembled . the humble petition of clement walker , and william prynne , esquires . sheweth , that your petitioners , by publike proclamations ( posted up at westminster , and the exchange , ) and by private summons , were involuntarily ingaged by colonell nathaniel fiennes ( who by severall orders of this house , upon his owne spontanious motions , put himselfe upon the triall of a councell of warre , declining the parliament , though a member of it ) to exhibit articles of impeachment against him , not out of any private interests , but onely in the kingdoms behalfe ; that he , contrary to his trust , duty , and sundry promises , to defend the city and castle of bristoll ( of which he was governour ) to the uttermost extremity , to dispute every foot , yea , inch thereof with the enemy , to lay his bones therein , and to make his flag of truce his winding-sheet ; did most cowardly and traiterously surrender the same , with all the ammunition , canon , armes , magazines , provisions , prisoners therein , and the very colours too , into the hands of prince rupert , and other common enemies of the kingdome , upon the entring of not above one hundred and fifty enemies within the line , at a place worst fortified and guarded ( who all gave themselves for dead men , and might have easily beene cut off at first ; ) and that before any one of the out-forts taken , the walls of the city or castle once battered , assaulted , or the siege thereof continued three whole dayes ( though he wanted neither men , ammunition , nor victuals to have defended the same for three moneths space or more , against all the enemies power , ) to the irreparable dammage of the republike , the losse of the westerne parts , the hazard of the whole realme , and infinite inriching , strengthning , advantaging of the common enemy both by land and sea , &c. upon which articles , after a full and honourable hearing for nine dayes space , before a councell of warre at saint albanes , the said colonell the 29 , of december last was found guilty , and judgement pronounced against him , that his head should be cut off . yet notwithstanding some friends of his , to blemish your petitioners , and that honourable councels just proceedings , have confidently reported in london , westminster , and elsewhere : that your petitoners did retract all , and could not prove any of their articles ; that they cried peccavi , asked the colonel forgivenes ; who made such a brave defence , and came of with such honour as never any man did before him ; that he was absolutely acquitted from all cowardize and treachery , and condemned onely for not firing that famous city , which his conscience would not permit , nor the parliament in honour could not have suffered him to doe ; that his guard continued upon him but two daies after sentence , that he is already set at liberty , pardoned , ( though we humbly conceive no person can * pardon his judgement in this common case , without speciall order of both houses , ) and shall shortly sit in the house againe . by reason of which false reports your petitioners , for their cost and paines in this publique prosecution , have been much defamed ; his excellencies , and the honourable councell of warres proceedings insufferably traduced , truth disguised , the well affected party discontented , malignants mouthes opened to complaine of partiality , the honour and justice of the high court of parliament principally interressed in this tryall ( directed by severall orders of this house ) blemished , and a high way prepared in these perilous times ( which daily produce new monstrous plots to undermine us ) to betray all forts , and cities yet remaining in your power , through treachery or cowardize , if this signall leading president of grandest publique concernment , shall be thus openly traduced , and the execution of it so suddenly , so sleightly passed over as is reported ; especially since the condemned delinquent , hath both in speeches and printed relations justified this his unworthy action to the utmost before this honourable house , the councell of war , world , not yet making the least acknowledgement of , submission or satisfaction for the same , and denied at the tryall that colonel essex was ever governour of bristol , or that he did apprehend or remove him , or that himselfe was ever governour of this city or castle , or undertooke to defend the same , or had any commission to keepe it , but onely to keepe his souldiers in order ; the contrary to all which appeared by his owne evidence , and that he hath twice sent for , received , accepted an independent commission by all possible waies and meanes to provide for the defence and security of the same city against all enemies and opposition whatsoever . and when his sentence was pronounced , he appealed from it to the parliament , which he had formerly declined , arraigned his judges after sentence , by demanding the reasons of their judgement , ( which he said he little expected , ) and what witnesses they allowed or disallowed ? and most injuriously attributed the losse of bristol and the west , with our prosecution of this cause , ( proceeding meerely from his owne sollicitation ) to an honourable member of this house now imployed in great command , with happy successe ; most falsely averring to the councell , that he was thus eagerly prosecuted by your petitioners , at sir william wallers instigation , onely for the great affection which he and his father did beare , and the good service they had done to my lord generall and his army . in tender consideration whereof , they humbly supplicate this honourable house to take the premises into your just and serious examination , that so the authors of these false reports may receive such exemplary punishments , as may deterre others from like slanders ; your petitioners , and others defamed by them , such just reparation in their honours , as may encourage them to doe your honours and kingdome further service ; and the delinquent such impartiall execution , as shall most redound to the parliaments , republikes future security , and prevention of offenders of this nature , without which no safety can be expected . and your petitioners shall ever pray , &c. clement walker . william prynne . notes, typically marginal, from the original text notes for div a96850e-30 * the king himselfe cannot pardon an offence or injury against the common-wealth , without the parliament ; nor any offence , where any private person shall have a particular interest , as our law-books resolve . an apologeticall letter to a person of quality, concerning a scandalous and malicious passage, in a conference lately held betwixt an inquisitor at white-hall and mr anthony sadler, published in his inquisitio anglicana. / written by jo. hall bishop of norwich, in vindication of himself. hall, joseph, 1574-1656. this text is an enriched version of the tcp digital transcription a86877 of text r207387 in the english short title catalog (thomason e818_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 12 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86877 wing h364 thomason e818_2 estc r207387 99866441 99866441 167993 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86877) transcribed from: (early english books online ; image set 167993) images scanned from microfilm: (thomason tracts ; 124:e818[2]) an apologeticall letter to a person of quality, concerning a scandalous and malicious passage, in a conference lately held betwixt an inquisitor at white-hall and mr anthony sadler, published in his inquisitio anglicana. / written by jo. hall bishop of norwich, in vindication of himself. hall, joseph, 1574-1656. h. s. [6], 7, [1] p. printed for n.b. and are to be sold at the marigold in s. pauls churchyard, london, : 1655 [i.e. 1654] "to the right reverend father in god, dr j. hall" is signed: h.s. annotation on thomason copy: "nou: 25"; the 5 in the date has been crossed out and replaced with a 4. reproduction of the original in the british library. eng sadler, anthony, b. 1610. -inquisitio anglicana. hall, joseph, 1574-1656. libel and slander -early works to 1800. a86877 r207387 (thomason e818_2). civilwar no an apologeticall letter to a person of quality,: concerning a scandalous and malicious passage, in a conference lately held betwixt an inqu hall, joseph 1654 2026 2 0 0 0 0 0 10 c the rate of 10 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-12 tcp assigned for keying and markup 2007-12 apex covantage keyed and coded from proquest page images 2008-01 mona logarbo sampled and proofread 2008-01 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an apologeticall letter to a person of qvality , concerning a scandalous and malicious passage , in a conference lately held betwixt an inquisitor at white-hall and mr anthony sadler , published in his inquisitio anglicana . written by jo . hall bishop of norwich , in vindication of himself . printer's device " alma mater hinc lvcem et pocvla sacra london , printed for n. b. and are to be sold at the marigold in s. pauls churchyard . 1655 to the right reverend father in god , dr j. hall , bishop of norwich . r. r. sir , with my respective remembrance : i cannot blame you , if you were much moved with that wrong which was so publickly done to your name , in that mentioned pamphlet ; whereof we that are your friends are so sensible , as that i have been advised by divers of them to publish that letter of vindication , which you were pleased to addresse privately to me : whereunto i have been easily induced to consent . for though i had at the first receipt of it , purposed to conceal it , as supposing it not needfull to take notice of that aspersion , which was thus cast upon you by a namelesse authour , well knowing that all wise men were satisfied long ago , with that full defence that you made for your self , and which was so effectually seconded by those reverend bishops , and learned doctours , who were in the height of reputation for their profound judgement , and out of all danger of suspicion of any popish inclination : yet now , perceiving that the lesse judicious , and common sort of people are apt to take offence at this imputation , which is so confidently laid upon you by some person that would seem to carry authority in his publick employment ; i have thought it requisite to let this your short vindication to flie abroad ( although thus late ) for the satisfaction of those , who either have not seen the resolutions and apologeticall answers of those learned bishops and doctours , or who are not able to judge of the state of this question , raised ( as you have truly said , and bishop davenant before you ) out of a mere misconstruction of words , and not any reall difference in matter . sir , i hope i have done nothing herein that may be displeasing to you ; since what i have done hath been out of a zealous respect to your dear reputation , which herein suffers too much in the weak opinion of vulgar readers . commending all your studies and holy endeavours to the blessing of the almighty , i take leave , and am nov. 20. 1654. your much obliged friend to serve you h. s. a brief letter of apologie sent by the r. dr hall b. n. to a private friend . worthy sir , in that strange pamphlet which i received from you yesterday , you cannot marvell if i startled to meet so inexpectly with the name of bishop hall disgracefully ranked with priests and jesuites , and the man that was executed the other day . ( for so it hath pleased my unknown accuser , in his great charity , to range my unworthinesse . ) if my pale and wrinkled cheeks could be any whit capable of the tincture of shame , you may well think what change of countenance these words must needs have wrought in me . lord , ( thought i ) what so hainous crime is this , for which i am thus shamefully arraigned before all the world , now on the brink of my grave ! forsooth , bishop hall ( as the rest of those meet complices ) saith , the church of rome is a true church . [ grave crimen caie caesar . ] what an impotent malice is this , to single out my name thus ignominiously , from all the rest of my profession , for an odious paradox ; when i say no more , no other herein , then all the orthodox divines of christendome ? how must the reader now needs think , sure this bishop hall is a man of corrupt principles , singular for his dangerous mis-opinions , a greater friend to rome then all his fellows ? whenas the world knows that i have already , about 28 yeares ago , clearly vindicated my self from this grosse misconstruction , and shewed that , in my sense , there is no knowing protestant divine that agrees not fully with me . you remember that about the time mentioned , when , upon some passages of the old religion , then published by me , mr burton and some others boggled at that expression ; namely , that the church of rome is yet a true visible church , though extremely corrupted ; and that the quarrell began to wax warm , and the presse to complain of being pestred with opposite tractates : in a due care to lay this ill-raised spirit , besides my own full and satisfactorie apology then set forth , i appealed to other unquestionable divines , the oracles of our church ; writing my publick letters to two famously learned bishops , bishop morton and bishop davenant ; and to two eminent and approvedly orthodox doctours , doctor prideaux , and doctor primrose pastor of the french church ; earnestly desiring them to declare their judgements freely and fully concerning this point . all which have not only in their published answers declared this to be an undoubted truth , in the sense proposed , proving it by sound and convincing reasons , and asserting it , not as their own private opinion , but as conceived by them to be the just and common tenet of all orthodox divines and churches : but withall affirming that those men little know what prejudice they do to the protestant cause , that hold the contrary . the instances whereof it were easy for me to give , were it not that i fear and hate to furnish the adversary with weapons to wound our selves . i wis , those our enemies are quick-eyed enough to espy their own advantages , and our exposednesse to the danger of self-wronging consequences , without our intimation . the grave and solid determination of those godly and judicious divines is still extant in a thousand hands : upon the publication whereof , the world then rested satisfied , my self acquitted , the adversary silenced , and the controversie quieted , which is now thus uncharitably and unadvisedly raked up from under the ashes of a wise and just silence . the truth is , nothing but a grosse and inconsiderate mistake is guilty of this quarrell : the homonymy of this word true , ( as master blake in his answer to master tombes ) besides the fore-named authours ( hath truly observed , ) makes all this seeming difference . if we take a true church for a true believing church ; so the church of rome is far from a true church : if we take a true church for a church truly existing in a visible profession of christianity , so it cannot be denied to be a true visible church . a thief is no true man , yet he is truly a man . so the church of rome , though false in too many of her doctrines , yet hath a true visible being . her clients vainly flatter her with the title of catholick , or universall : we expect no thanks from her to say she is universally corrupted , yet a church visible still . those grosse errours wherewith she abounds , have marred her first purity , but do not forfeit her outward church-ship . it were a strange uncharitablenesse to say that a romanist is no christian ▪ though too many of their tenets are justly branded for antichristian . and where there is a society of christians , not directly and obstinately destroying the foundation , ( though otherwise foul , and erroneous in opinion , ) there cannot be denied a visible appearance of a church . let the church of rome then go for as erroneous , impure , false in matter of opinion and practice , as she is : she cannot be denyed the face of a church , how ever rotten at the heart . all which hath been so judiciously , & amply declared by those learned & worthy contests , whom i formerly mentioned , in their publick discourses of this point , that i am confident , if mr sadler had had leisure to have considered , he would rather have distinguished then denied , and the questionist ( who ever he was ) would , upon second thoughts , have thought good to suffer my innocent name to rest in peace ; whereas now , he hath both wronged me , and himself more , in drawing upon himself an opinion of either ignorance , or uncharitablenesse , or both . god forgive him , i do . thus we too well see how apt nature is , even in those who professe an eminence in holinesse , to raise and maintain animosities against those whose calling , or person they pretend to find cause to dislike ; and perhaps also to brand with the black note of unjust infamy , those who concenter not with them in some lighter opinions , ( although indivisibly theirs , in the brotherhood of the same most holy faith , and meekly affecting to hold with them the unity of the spirit , in the bonds of peace . ) truly sir , ( to open my self freely to you ) nothing hath more wounded my soul , nor drawn deeper sighs from me in secret , then to see that , whereas our dear and blessed saviour hath so vehemently encharged all his true disciples with the duty of mutuall love ; and his chosen vessell , with so zealous importunity , cries down strife , and contention , as arguing mere carnality , and utterly inconsistent with the truth of christian disposition and practice : yet no grace is such a stranger to us ( for the most part ) as charity ; nor no imployment so universally rife amongst us , on all hands , as quarrels and brawlings , both verball and reall , arising commonly from false surmises and misconstructions ; and proceeding ( too often ) not to the scratching of faces , but to the ripping of bowels , and to the stabbing of hearts ; to the infinite scandall of the gospell of peace , and to the sport and triumph of gath and ascalon . now the god of peace , whom we all professe to serve , be pleased for his great mercies sake , to pull out of our bosomes all these roots of bitterness , and to compose our mis-alienated hearts to perfect love and concord , to the glory of his great name , and to the comfort of all those that are faithfull in his sion . sir , you will pardon me , if i have thus passionately enough unloaded my self ( into the bosome of so faithfull a friend ) of my justly conceived grief , to be thus scandalously and causelesly traduced . your love will both put the best construction upon these sudden lines ; and where you meet with this blurre undeservedly cast upon my name , wipe it off with a just and friendly vindication : wherein you shall do an office worthy of the thankfull acknowledgement of higham nov. 5. 1654. your unfeignedly devoted in all christian affection jos. hall ▪ b. n. the lybeller carracterizd [sic], or a hue and cry sent after him. some of his works made publick: with observations thereupon key, leonard. 1684 approx. 23 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a47314 wing k383b estc r221668 99832946 99832946 37421 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a47314) transcribed from: (early english books online ; image set 37421) images scanned from microfilm: (early english books, 1641-1700 ; 2188:06) the lybeller carracterizd [sic], or a hue and cry sent after him. some of his works made publick: with observations thereupon key, leonard. coale, benjamin. aut 8 p. s.n., [london : 1684] text signed on p. 2: benj. coales. signed at end: leonard key. caption title. place of publication from wing; dated at end: 2d. of the 2d. month, 1684. reproduction of the original in the friends' house library, london. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng quakers -early works to 1800. libel and slander -early works to 1800. 2006-07 tcp assigned for keying and markup 2006-07 aptara keyed and coded from proquest page images 2006-09 celeste ng sampled and proofread 2006-09 celeste ng text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the lybeller carracterizd , or a hue and cry sent after him. some of his works made publick : with observations thereupon . whereas some envious person , or persons in or about london ( as is supposed ) have of late abused several honest men in several countries , by sending great packets by the post ; and thereby not only putting them to considerable charges , but also abusing several with scurrilous language and falshood ; which have been born with until it became frequent ; and then several have refused to receive them ; so they have been returned upon the post-master again . the hand-writing being compared , seems much alike ; and the seal , sometimes the anchor , and sometimes the ship , &c. and printed books writ upon between the lines , and wrapt up in a blank piece of paper , charged 14 , and 18 d. for postage ; and some less : and inasmuch as such practice is very unjust , and a work of unrighteousness : it is the duty of all honest men fearing god , not only to disown , but publickly to testifie against such a practice . it was , and is at this day , a certain truth , that he that doth evil hates the light : neither will he bring his deeds to it , least it should reprove him . and doubtless , the nameless author of those packets loved darkness rather than the light , because he was afraid to put his name to what he hath writ : but his work discovers him to be a night wanderer : and though he would seem ( it may be ) to be religious ; yet how vain is it for him so to do , that hath not a bridle to his tongue ; but will accuse , and not prove , and ask questions to no purpose , except to slander and abuse men ; and is yet to learn that lesson which our saviour taught his followers , viz. whatsoever ye would that men should do unto you , that do unto them . this nameless author of the packets , seems as if he had authority ( or at least assumes it ) to judge of men's properties , and question the printing of books , that are not licensed by such nameless persons as himself : and in particular , he quarrels , and seems to be offended with a small book written concerning that honourable woman loveday hambly , deceased ; and several other books , that have been wrote by persons of good repute , men fearing god , and abhorring such idle practices as the author of the lybel is found in . in short , the author of those packets makes it his business to abuse honest men , and endeavours as much as in him lyes , to take away their good name , by bespattering them with bad names , and in particular , hath bent his arrows of envy and hatred against that servant of god j. s. deceased , and j. w. and others : but seeing he is such a night-wanderer , and will not tell his name , what he writes is the less taken notice of , or credited amongst men of understanding . now if this lybeller will come forth , and own his work , he shall have a fair hearing ; and if he be found guilty , let him repent and do so no more ; but if he doth persist in this wicked work to abuse and cheat men , as before mentioned ; which is little less than picking their pockets . this is to give notice , that whosoever can give certain intelligence of his name , and place of his residence or habitation , shall have reasonable satisfacton for their pains . written by a lover of truth and honesty , but a witness against the contrary . reading , the 5 th . of 1 st . mo. 1683 / 4. benj. coales . and have no fellowship with the vnfruitful works of darkness , but rather reprove them : for it is a shame even to speak of those things which are done of them in secret . eph. 5. 11 , 12. here is the work of a formal apostate manifested , and some observations and queries made publick , that was long since delivered to some of the formal preachers in reading , but no answer given to them ; or an hue and cry after a nameless author , that hath made it his business to send great packets by post , from london to reading , and to many other places in the nation , whereby honest men have been put to great charge , and much abused by one that would seem to be religious and very zealous , for the setting up of outward things , as may be seen by his own words , as they were sent to two persons in reading , set down verbatim : also a short postscript . first query . was not peoples going from the light and spirit in their own particulars many ages since , the cause why so many forms of prayers were made to be said by the church of england . 2 dly . and did not their compelling and using violence to those that were otherwise minded , proceed from the spirit that made the form ? 3 dly . did not the presbyterians with their church-faith and directory that they had made , do like the church of england , when they had power ; excommunicate and cast into prison , such as could not bow to their image , which they had set up ? 4 thly . ' did not the baptists with their form which they did cry up , do like the former ? and hath not all the lo heres , and the lo there 's arisen , when the people in every generation have gone from the spirit 's teaching ? 5 thly . ' and hath it not been so with all other sects , when they have erred from the spirit , which was given to be for a leader , and have run into the setting up of outward things ; which hath proved a snare in all ages ; read and see how it was with israel of old , when they forsook the lord ; how did their enemies prevail over them ? let it be a warning to all in our days . 6 thly . and now it is come to the formal quakers turn ; and are not they , with all their strength and might they can get in most places , a setting up the form that they have made , and giving it higher names than any that hath gone before : and some hath had the confidence to say , and preach openly ( that what they had set up ) was to keep things sweet and clean ; notwithstanding many things have happened amongst them in many places , which is a stink and a shame to mention ; yet calling them holy orders , and such like n●m●s as they in their imaginary minds could think on ; too much like the golden image that was set up in the days of daniel , which the lord did and will confound . 7 thly . and doth not many of the formal preachers sit with their hats on , when many of the lord's servants are moved to pray . 8 thly . and doth not many others imitate them in that ungodly practice ; so that it may be said as it was in times past , like priest , like people : which is a trouble to many , and a stumbling block to the weak that beholds it ; and may it not be said now as in times past ; the teachers of the people have caused them to err . 9 thly . and do not some of you , formal preachers , send great packets by the post , directed to honest men in the countrey without any name to them , on purpose to put them to charge , witness reading , where four were sent to two persons in eight days time , and charged 3 s. 8 d. to be paid by them they were sent to ; and many more have come to this town since , besides what have been sent to other places . 10 thly . and are these the fruits of a christian spirit ? or from them that are apostatized from it ? let any that have any understanding of the things of god , judge . 11 thly . and have not you , according to your power , been like them before mentioned , considering your standing , in giving bad names , both in your prayers , and also preaching ; calling such dark spirits ( that cou●d not joyn with you about your forms ) and that they were gone in the way of cain : and many such like expressions ; and have you not endeavoured to make the people believe it ; when you know in your consciences , that many that you so brand , are blameless , both in life , conversation , and doctrine . 12 thly . and was it not the elders of israel in days that are past , that gave unrighteous judgment , and did condemn the innocent ? and hath it not been so in our days ? witness the paper that was signed by 66 against their innocent brethren in the north ? and may not the same cry be sounded in this our day , as was then , in the ears of many , return , return to the place of judgment . even to that principle that was first preached , which was the first , and will be the last . 13 thly . when david kept to the spirits teaching , did not he say , o lord , thou hast made me wiser than all my teachers , and thy word is a light to my feet , and lanthorn to my paths . and this teach't him to order his conversation aright : and it is the same at this day , and will remain for ever . 14thly . and is not the lord god , who hath an all-seeing eye , appeared , and made known himself in this our day , for this very end , according to his promise , to gather a people to himself , from all the lo-heres and the lo-theres , as hath appeared , and is bringing them to wait upon him ; who is feeding all that do truly hunger after him , with that bread that doth truly satisfie their longing souls , and all such , as they abide under his teaching , need go no more forth , blessed and praised be his everlasting name for ever . 26 th . 11 th . mo. 1683. l. k. here follows the words of the nameless author written in the title page of the relation of loveday hambly , deceased , and sent to b. c. viz. ben. coale , here is a paper of thine , where thou applauds , with many frothy expressions , l. h. and saith , her table was plentifully spread . it is like so , makes thee so to applaud her : hath she not given thee some great legacy for thy funeral sermon ? hadst thou , or you authority to print m. d. & f. s's letters ? ye tell of her good works and charity , and is that the cause that ye do so so applaud her ? the papists will do the same : but are you in the spirit of good works and charity , or evil ? hast thou not cryed peace to such as put in thy mouth , and oppose such as stand against thy wilful , peevish spirit for want of charity ; but thou wouldst appear to be somebody , and to make a noise in print , with thy tinckling cymbals and sounding brass , as thou dost in meetings : why did not you print , how you shut the women's quarterly-meeting out of their meeting house , and shut the quarterly men's-meeting out of the house at blewberry , and they were fain to meet at an inn , and a. estmead nailed up their meeting-house door at calne , and they were fain to meet in the street , and the women fain to meet in a malt-house . is this your liberty of conscience , and works of charity , to keep people out of their property , or the persecuting spirit of the world cloakt with liberty ? hath j. s. and j. w. taught you this doctrine ? is this as it was in the beginning ? he that sitteth in heaven will break your bands in sunder , and laugh you to scorn , whose babel and folly is manifest to all men that know you , and will be rewarded according to your works . isai . 48. 8. i knew thee , that thou wouldst deal treacherously . observe , b. c. gave a short testimony with some others in print relating to the life and death of his old mistriss l h. and spake something of her praise , whom he knew to be worthy thereof , living a servant with her some years , as appears more at large in that paper given forth on her behalf ; which the reader may do well to see , and then may better take notice of the envy and mallice that hath appeared by the nameless author of the packets : he saith , here is a payer of thine , where thou applandest with many frothy expressions l. h. which is wrong in this formal apostate , so to say : and for b. c's saying , her table was plentifully spread ; he said no more than he knew ; see the paper , and judge : and if she had given him a legacy , as he scoffingly saith , he had better deserved it than some others that used to be frequent at her table ; and they can do no less but say , if they speak true ; as b. c. hath done ; although what he hath said , could not be for any great legacy , or for her funeral sermon , as the nameless author scoffingly saith , for he wrote nothing as i know of , till she was dead , a●● if she gave him any thing , it could not be for that , for she knew not 〈◊〉 observe , this lybeller seems to be offended , and saith , hadst 〈◊〉 or you authority to print m. d's and t. s's letters . answer there is no question to be made of that ; but the reader may observe , th●● what was printed , was not stamped by the second-days meeting ; and some may be so foolish as to say , it was out of the vnity ; and did not this make him to compare it with the papists : but i think many of them will hardly do as he hath done , in sending great packets by p●st , to put honest men to charge , and conceal their names , as he hath done his ; and must needs be talking of charity , and tells of tinkling cymbals and sounding brass : but what this formal apostate hath done , makes but a bad sound . and why did you not print ( saith he ) how you shut the women's meeting out of their meeting-house , and shut the quarterly mens-meeting out of the house at blewberry , and they were 〈◊〉 to meet at an inn. answer . if it were so , the friends at blewberry can give the best account why it was so . it is a sign they were a 〈◊〉 of such company that use to frequent such meetings of late days which made it their business to brawl and contend against honest men , 〈◊〉 had been , and are serviceable in their day : too much of this i have seen , and do not speak by hear-say . this nameless author saith 〈◊〉 estmead nailed up their meeting-house doors at calre ; but 〈◊〉 〈◊〉 was so or no , i shall have it , it being without the compass of my knowledge but do wish he had not as much ground for what he did , as they had at blewberry , if it be as is said , and what 's all that to b. c. observe . the nameless author saith , that the women were 〈◊〉 meet in a malt-house . i confess , that was hardly well taken by 〈◊〉 that came from londong , and other places , to help to settle the gov●●●m●nt of the women's meetings ; but he need not be so much offended with the malt-house , for is is no such inferiour place to sit in at 〈◊〉 and he further saith , is this your liberty of conscience . ans . surely the women in the malt-house in reading , there met and assembled together , might have brought forth as good an edict as they did that met at barbados . and saith the nameless author , hath j. s. & j. h. taught you this doctrine ? ans . i am sure they never taught any to do as he hath done and then conceal his name , they were men of more integrity , and did abhor such a practise as he is found in ; but his reward will be according to his work : how are the hidden things of esau searched out ! the nameless author cites isai . 48. 8. i knew thee that thou wouldst deal treacherously . ans . very proper for himself . and it may be said of him as once the prophet of the lord said concerning edom , the pride of thy heart hath deceived thee , thou that dwillest in the clefts of the rock , whose habitation is high ; that saith in his heart , who shall bring me down to the ground ? tho thou exalt thy self as the eagle , and tho thou set thy nest among the stars , thence will i bring thee down , saith the lord. here follows the words of the nameless author , to tho. curtis in one of the packets , viz. you may take your fawning , flattering funeral sermon home again , and spread not such things abroad least they be turned home again with shame ; had you not , nor do you not expect some great legacy for your work ? and is not this crying up one , as you did j. s. and crying down others , like carnal men , building of babel , whom god will confound ; and some of her neighbours reproved the madness and folly of such prophets , when they saw those flattering frothy expressions concerning l. h. which more manifests a puft up spirit than humility , but no better fruits can be expected . t. c. read it over again , and it may happen thou mayst better consider thy folly , if envy and passion hath not blinded thee ; and thou hast made a great boast what thou hast done in this book ; but the truth hath tryed it , and hath a sense of the work and spirit to be conceited and lofty , &c. there is no peace , saith the lord to the wicked . their liberty of conscience you may read , 1 pet. 2. 16. isai . 48. 22. and in jude . the reader may take notice , that t. c. was one of them that gave a testimony forth concerning his old friend l. h. with whom he had been conversant , and made serviceable in the hand of the lord , as appears more at large , by what he hath wrote on her behalf ; and i know no reason why this nameless author should be so much offended at it as he is , except it was , because it was not sent to be approved of by the second , days meeting , as if he had power to bind and loose : he saith , the truth hath tryed it , and hath a sence of the work and spirit . observe . so many as have an eye to him , that are zealous for the form , and oftentimes sit with their hats on in time of prayer , will be ready to say , it is out of the vnity , as they used to do by that innocent man j. s. which the formal apostate cites : he talks of crying up one , and crying down others , like carnal men , building of babel . who will cry up thee , thou treacherous person , that art ashamed to put thy name to thy work ? what can be more like babel than what thou hast done . the lybeller saith , that some of her neighbours reproved the madness and folly of such prophets , &c. observe , they are as nameless as this author , and i may say to him as the psalmist once said , what shall be done unto thee , thou false tongue ? and doth not this manifest more a puft up spirit than humility , let his own words answer him ; but no better fruits can be expected from one that is ashamed of his name , obs . he saith flatteringly , read it over again , & it may happen thou mayst better consider thy folly , if envy & passion hath not blinded thee . ans . if envy , madness and folly had not blinded this formal apostate , he would never have done as he hath done , to put honest men to such unnecessary charge , as he did in eight days time , and concealing his name . surely none will own his work nor he , unless he give forth a paper of condemnation ; for such things go a great way in our days ; especially among such as are ready to pin their faith on other folks sleeves . observe . he saith , there is no peace to the wicked . ans . very true , therefore it will concern this person to look back and repent of this ungodly work that he hath been found in , and not like lucifer , think to make his nest amongst the stars , for the lord god in his own day and time will bring him down , and all that so do . the nameless author talkes of liberty of conscience , and cites 1 pet. 2. 16. isai . 48. 2. and in jude . so the reader is desired to search the scriptures before cited , and compare what they say with his practice . it was said by the prophet , the remnant of israel shall not do iniquity , nor speak lyes , neither shall a deceitful tongue be found in their mouth . postscript . te nameless author before mentioned seems to be a person , by his own words , as if he had intelligence from many places in the countrey ; which may make many think he is one that frequents the second day's meeting , and doubtless , doth account himself one of the faithful , & would seem to have the care of the churches upon him , or , as if he had been some great instrument in setting up the women's meetings , separate from the men. so here is a short discription given of him , and it is left to some , that have made a great talk of their inward sense , to make a further discovery of this nameless author , that so honest men in the country may no longer be abused by him . reading 2 d. of the 2 d. month , 1684. written by a lover of the truth , leonard key . a word concerning libels and libellers humbly presented to the right honorable sir john moor, lord-mayor of london, and the right worshipfull the aldermen his bretheren / by roger l'estrange. l'estrange, roger, sir, 1616-1704. 1681 approx. 34 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-11 (eebo-tcp phase 1). a47942 wing l1327 estc r21957 12408920 ocm 12408920 61456 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a47942) transcribed from: (early english books online ; image set 61456) images scanned from microfilm: (early english books, 1641-1700 ; 282:1) a word concerning libels and libellers humbly presented to the right honorable sir john moor, lord-mayor of london, and the right worshipfull the aldermen his bretheren / by roger l'estrange. l'estrange, roger, sir, 1616-1704. [2], 13 p. printed for joanna browne ..., london : 1681. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng libel and slander -england. 2003-11 tcp assigned for keying and markup 2003-12 spi global keyed and coded from proquest page images 2004-09 melanie sanders sampled and proofread 2004-09 melanie sanders text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion a word concerning libels and libellers , humbly presented to the right honorable sir john moor , lord-mayor of london , and the right worshipfull the aldermen his brethren . by roger l' estrange . london , printed for joanna brome at the signe of the gun in s. pauls church-yard . 1681. to the right honorable sir john moor , knight , lord-mayor of the city of london , and to the right worshipful , the aldermen , his brethren . being given to understand that your lordship and the court of aldermen have lately taken into consideration the bus'ness of seditious libells , and papers ; and that for want of particular enformation , the matter proceeded no further at that time , then to a generall admonition ; which extended to the innocent , as well as to the guilty , through the false and malitious practices of the criminalls , for the involving of both forts under the same scandall , and condemnation ; i reckon it my duty to the king , the church , the city , to every honest man , and in the last place , to my self , to present your lordship and the bench of aldermen your brethren , with the means of distinguishing the one from the other ; in full assurance , that your loyalty , generosity , and wisedom ; your love of truth , peace , and common equity , will dispose you to vindicate his majesties crown and dignity ; the royal family , the honour of the government , and all that is sacred in humane society , against all insults whatsoever ; and cause exemplary justice to be done upon such offenders in these cases , as shall be found properly under your authority , and jurisdiction . i shall not clog this paper with instances , either superfluous , or of ancient date ; but keep my self within compass , both for time , and bulk ; citing the book , and the page ; still as i go along with the publishers name in the margent . and it will likewise appear from the pamphlets themselves , that there 's a form'd conspiracy against both church and state , for the destruction of the whole , and of every part of it , root and branch . the book that deserves the first place in this consideration , was printed for john kidgel , at the atlas in cornhill 1682. and publish'd by rich●rd baldwin , in the old-bayly : a bold , and a common agent for the promoting of sedition ; and it carries the designe , in the very title , and face on 't . [ rights of the kingdom , or customs of our ancestors , touching the duty , power , election or succession of our kings , and parliaments , our trve liberty , due allegeance , three estates , their legislative power , originall , judiciall , and executive ; with the militia : freely discussed , through the brittish , saxon , norman laws & histories ] this gallimawfrey of fragments was first publish'd in 1649. in favour of cromwells proceeding , and government : the main stress of the discourse , resting upon these two points . first , that the late king was lawfully put to death . secondly , that the english monarchy is not hereditary , but elective : and so the author , by presidents , either impertinent , unwarrantable , perverted , or misapply'd , supports his pretensions the best he can . finding this treasonous piece to be now re-printed , i could not but bethink my self to what end ? and this curiosity put me upon comparing the two editions , to see , how far they agreed ; wherein they differ'd : or whether this latter impression were the very same with the original . upon the examination , i find severall sly variations , and additions , and many things omitted in the latter copy ; which gives first to understand that this is not the work of a bookseller , or printer , for profit ; but a regular , and industrious disposition of the matter for some other purpose : and what that purpose is may be easily gather'd from the pulse and biass of the treatise ; for the omissions , though many , & large are only such as apply the arguments for the sovereign power of a parliament or the people , to the defence of the late kings murther ; or else such as strike so directly at the subversion of the monarchy ; that the age is not as yet either so mad , or so wicked as to bear it : but his arguments , and reasonings all this while , for the peoples right of calling their kings to an account , remain whole , and vntouch'd ; so that his maintenance of the peoples power over the king , even to the deposing and putting of him to death , stands as good against this king as it did against his father ; and speaks the publisher and the author to be both of a mind in the case . in one word , the two pos●ions of this villanous book , are the two pillars of the associating plot. and if the faction can but first perswade the multitude , that if the king will not do as the people would have him , the people may deal with the king as they please : and secondly , that this is an elective monarchy ; there 's the king's , the duke of york's , and the governments business done at a blow . but i shall leave the author to expound his own meaning in three or four passages omitted in this new edition . i cannot see ( says he ) why it should be a crime for any to desire that an action of such concernment ( putting the king to death ) might be fully clear'd to be just , and acted justly . page 2. and again . i would gladly have spoken all that i justly might , to have saved him from death , till i had seen that his life could not consist with peoples peace and safety , which i may acknowledge to be the supreme , and highest law humane , p. 3. further , my work shall be to enquire of matters of law : and how by the laws and customs of this kingdom , it may be known , adjudged and declar'd what is the duty of our king , and whether he hath done it or not ; and in case of failure , how it may be judg'd , who they be that must determine it , so that the subject may and should be quiet , and submit to such an act judiciall and conclusive . pag. 4. once again . it may seem a short work and soon sayd when the king breaks his trust , the parliament must judge him , and when the lords refuse , the commons might and must , because it was necessity ; but i am loth to hide my self in a dark chaos , i had rather see it cleared in the open sun. p. 4. this is sufficient to shew the opinion , and the drift of the author ; wherein he declares himself , that the late king was justly put to death , and undertakes by law and reason to prove it ; so that his pretended proofs being now expos'd to the publick , by kidgell , and baldwin , in the very same terms with the original , must necessarily render the late publishers as guilty as the author . there runs a vein of sedition through the whole tract ; but some few instances out of this late impression shall serve the turn . [ let us discusse it ( says he ) by law and reason , what is our legall fcalty ; how made , how limited , how kept , or how dissolv'd . p. 11. ] so that our allegeance may be dissolv'd , it seems , and is only conditionall . and again . [ allegeance was ad legem to the laws , the kingdom , and the kingdoms good , or profit , together with the king. p. 18. ] we 'l see now what he says to the point of election or succession . [ in the time ( says he ) of hen. 1. and hen. 2. there were some speciall acts of parliament for settling the crown on maud the empress , or her issue . p. 24. — but all such acts ( for tying the crown to such or such a family ) do not evince a former right of succession . p. 25. — and then further [ i say not ( says he ibid. ) how often it hath been adjudg'd that affirmative statutes do not annull the common law ; and that one may prescribe against a statute negative , but in affirmance of the common law , — so that if an english king was elective by the common law , the kingdom might prescribe against late statutes , which might erre much more then they could oblige all future parliaments , but they might still be free and most of all in what was due before by common law. ibid. ] and moreover p. 75. he grounds his pretence upon the speech of hubert at the coronation of king john ( an excellent president for his turn ) [ it is well known to you all that no man hath right of succession to this crown , except , that by unanimous consent of the kingdom , with invocation on the holy ghost , he be elected from his own deserts ; but if any of the last kings race be more worthy and better then others , his election is more proper , or more reasonable , as it now is in earl john here present . — which ( says he , ibid. ) seemeth most rightly to state the nature of succession as it was in this kingdom . so that all did amount but to this , that if a king had such children ; so qualify'd , and so educated , that they were above others in virtue , wisdom , and true worth ( or at least caeteris pares ) they were the most likely candidates for the crown . ] so that his malitious imposture resolves at last wholly into this . he sets the parliament and the people above the king ; and makes the government elective , by the common law , and from thence concludes all those statutes that assert the kings sole sovereignty , and the right of hereditary succession , as nullities , for then repugnance thereunto . ' ●is true that care , and janeway ; ( for they are both one in the impartial ) have publish'd num. 82. a rude advertisement , as if baldwin had not publish ▪ d this book ; whereas o●e or ●wo of baldwins servants were taken at one a clock on a sunday morning posting up the title pages ; which is as much a publishing them , as if he had sold them openly in his own shop : beside , that t is probable he knew the malice of the book , by the close , and unseasonable course he took for the notifying and dispersing of it . i have been forc'd to speak at large upon this ; but i shall be shorter in the rest , and go on a little upon the same head of sedition . [ all considering people will now see that conventiclers are not punish ▪ d and ruin'd for holding conventicles ; but for being zealous for the protestant religion , and government by advice of parliament , against popery , and clandestine arbitrary councells . ] postscript to remarques upon sr. william smiths speech at hicks hall ; publish'd by baldwin again . here is first a vote of the commons , set up above the authority of several establish'd laws . 2 ly . the king himself charg'd with a design of suppressing the protestant religion , and advancing the interest of popery , in requiring the execution of 'em ; and with clandestine arbitrary councells , over and above . double your watches ( says janeway in his vox patriae ) chain up the streets of the city day and night . suffer not any body of armed soldiers , greater , or less ( other then the trained bands of this city ) to march through any part of the city , p 1. ] here 's a proposall of keeping his majesty out of louden by force , and the rebells did his father out of hall : and the printing of this paper can have no other end , then to invite and encourage the nation into a tumult . and what 's the ground of this audacious proposall , but the [ surprizing prorogation of the parliament . ibid. ] so that the king shall not exercise the undoubted ' prerogatives of his royall authority , upon pain of janeways denoun●ing war against him . in the same libell p. 17 he has a pretended address from suffex to the knights of the shire , declaring that [ they will stand by and defend them with their lives and fortunes in doing whatsoever they shall judge necessary for the peace , safety , and prosperity of the nation ( if any danger should threaten them . ) and the people of winchelsea undertake as far to their burgesses , p. 20. thereby disowning their duty to their sovereign , and transferring their allegeance to their fellow-subjects . the burden of the song from one end to the other of this pamphlet being the exclusion of his royall highness , and barring the kings supply , with an intermixture of demanding the artillery , the militia , the regulation of courts ecclesiastical , and civil , a bill of association ; the disposing of all publick offices and charges , &c. the sheriffs case makes [ king , lords , and commons , to be a corporation ] which amounts to no less then a ' deposing of the king. [ that bugbear passive-obedience ( says jo. starkey in the character of a popish successor . p. 20. ) is a notion crept into the world , and most zealously , and perhaps as ignorantly defended . ] what is this but a papall absolution ? but then in the second part p. 34. the nail is driven to the head. [ have we not bad a late king of portugal deposed , as delirious and frantick , and consequently render'd by law vncapable of reigning ; and all this done by his own subjects , and those of his own religion , without the least reflection of treason or rebellion , or the aspersion of lifting a hand against the lords anointed ? ] what is this but to tell the people , that there needs no more to the deposing of a prince , then the outcry of the multitude , that he is not fit to govern ? these outrages upon the laws of god and man will never find protection within the walls of this loyal city ; and this licence is not more the shame of the government , then the vile instruments are in truth the dishonour of mankinde . the desperate practices , declarations and positions of the scottish covenanters , even to the barefac'd avowing of it to be their duty to destroy the king , the royal family , and the persons as well as the order of the bishops , is too notorious to be either conceal'd , palliated , or deny'd ; which put the government , in conclusion , upon a test ; as the only expedient for the securing both of the church and state , against the violent , and impious machinations of those diabolical spirits ; and ( in effect ) for preserving the peace of the two kingdoms . just now , upon this very instant of time , when the scottish faction were meditating new commotions ; out comes curtis's cheat , and mockery of the arraignment , tryal , and condemnation of a dogg for refusing the test , and the whole process ridicul'd in the very form and terms of the law ; and dress'd up in so contemptuous a manner that nothing was ever more rudely and spitefully treated then the kings authority , and the wisdom of the scottish nation in that act of state. after these affronts upon the king himself , it is not to be expected that they should treat his royal highness , at a civiller rate : but how this privilege of questioning sovereign authority ; discharging subjects of their allegjance ; and disposing of the crowns of princes , comes to be the subject of every mean , and mercecenary pen ; will be taken i hope into a seasonable consideration . one of the most seditious impostures that has yet seen the light , was a libel that passed under the title of [ bedlo's narrative of the fires , ] which was almost wholly , and verbatim taken out of other scandalous libels of former date , and fobb'd upon the nation under the name , and authority of one of the kings witnesses . care put it together , and it was printed in bedlo's absence . the main scope of the pamphlet , was to possess the people as if the duke of york , the guards , and the court-party , had countenanced , and promoted the conflagration . [ the kings life-guard ( he says ) rescued a man that was taken in the act of firing a house . pag. 9. ] and again [ one of the life-guard threw fire-balls into a womans lapp . pag. 10. ] [ the duke of york too a french-man into his custody , and said i will secure him , but he was heard of no more , ibid. : ] four life-guard-men rescued another french-man , &c. ibid. ] another french-man carried before the d. of y. and heard of no more . pag. 11. and so another in like manner . pag. 13. there 's another charg'd with burning the city , and his father is said to answer for him ; [ my son doth nothing but what he has a patent from the king for . pag. 11. ] in the popish courant of jan. 14. 1680. the same henry care and langley curtis kill two birds with one stone . [ 't is certain every papist is ( implicitly at least ) a rebel , and a traytor . ] here 's no exception of either queen , or duke , nor of the very preservers of his sacred majesty , when the rebellious schismaticks pursued him , to murther him . nay , 't is so far from an exception , that he points with his finger to that he would be at . [ if ever ( says the courantier a little below ) we get a popish successor into the saddle , and the black tantivy-men , to hold the stirrup , whilst his holiness rides the dull beasts at pleasure , we 'll burn all the heretical doggs , &c. ] so that it seems we have a popish clergy too as well as a popish successor . and then to finish his complement , july 22. 1681. [ we have ( says he ) got a new fry of church-men , prepared by hobbs , and the play-house , that care not a farthing for any religion , provided they may but swagger and domineer , and swear , and damn , and drink healths with a huzza . ] i shall only take a taste here , of that venemous [ character of a popish successor . ] though sufficient to give any honest man horror for the very syllables of it , but much more to see such daring insolencies pass unpunished . he calls his royal highness pag. 10. [ the greatest , and only grievance of the nation ; the universal object of their hate and fear , and the subject of their clamours , and curses . and a little further , with as much malice to the king as to the duke , he pronounces his majesty as good as lost for his friendship ( as he expresses it ) to [ that one gangreend branch of royalty . ] this is a subject too foul to enlarge upon , and i make no question , but those generous and loyal magistrates that entertained so honourable an indignation for a brutal outrage upon the duke's picture will be answerably sensible of these affronts upon common morality , and justice ; and the honour of their sovereign in the person of his royal brother . how does janeway rage in his vox patriae against the wretched pensioners in pag. 2. those execrable villains that by receiving pensions betray'd our trusts , and our libertys in the late long parliament , pag. 17. ] [ those abominable monsters . pag. 20. ] and what were these pensioners at last ; but a list of honest gentlemen , proscribed as the straffordjans were , upon the entrance into the late rebellion ; for adhering to their consciences , and their duty 's . divers privy councellors , and other persons of value and credit , in their stations , and of unquestionable worth , in the opinion of all that ever knew them ? and the addressers are to be served with the same sauce too . [ a popish and arbitrary design at the bottom . baldwin's tendency of addresses . f pag. 9. ] [ the scum and refuse of the places where they live . pag. 12. ] though the most eminent subjects of the nation . [ some little bankrupt tradesmen ; a scandalous and disgrac'd attorney , one whose necessity exposes him to be biassed by crusts of bread and pots of ale. ibid. ] and now to janeway and care in conjunction . [ most of the subscribers ( says the impartial . numb . 15. ) are ruffjans , and beggerly vermin , drawn in by pots of ale , and not apprentices ] and there 's nothing scapes better that falls in their way . and the impartial again , numb . 16. [ alderman pilkington , and mr. shute are fit persons to serve the city next year in quality of sheriffs , &c. — but there are a pack of people that scarce know what they would have ; most industriously endeavouring , by caballs , and drunken , factious clubs , to pull up some other persons , &c. ] this is to say , in short ; that whosoever gives his vote for any other man is a drunken , factious rascal . what work has janeway made , ( impartial . numb . 47. ) with a scandalous , and malicious forgery of a debaucht committed upon michaelmas day last , in the church of all-hallows staining , and the story false from one end to the other ! but it was the spleen of the faction , when they could not disappoint the election , ( though by the meanest practices imaginable ) to be revenged upon those honest gentlemen that were desirous , by ringing the bells , to welcome the person elected into his office. it would be endless , ( and truly as needless ) to run through the history of the scandals upon all those places , and persons , that have acted dutifully and affectionately for the common serof the church and the crown . is not the king twitted for his venison to some of the addressers ? is not norwich , bristol , &c. charged with designs of setting up popery and arbitrary power ? the artillery company of bristol , blasted as an illegal usurpation , and calumniated for a private test , as if there were a popish con●piracy in the bottom of it ? let but any man open his mouth for the king and the government , and he is presently a bogg-trotter , a witness in such a cause , a jury-man in such a one , a judge in another ; and branded for all the villanies which that sink of infamy , the faction can throw upon him . a turn-coat , a fidler , a beggarly rascal ; a drunken , blaspheming wretch ; a sworn papist : one that has whor'd his mother , betray'd his prince , and in short ; 't is but raking of hell for a catalogue of the most damning sins that ever carried any man thither to furnish out the character of a person that honestly interposes betwixt religion , and sacrilege , betwixt sedition and the laws ; betwixt the prince and the regicide , and betwixt order , and confusion . neither are the king's ministers , magistrates , justices , juries , and witnesses , nay , the king himself one jot more respectfully handled in baldwin's two parts of the no protestant plot ; and the scandals run through from one end to the other . janeway ( in his strange news from hicks's hall ) calls the middlesex justices , adulterers , whore-mongers , swearers , drunkards , cheats , pag. 6. and janeway again in his ignoramus justices ( but of the other day ) takes upon him to arraign and declare law , and to juggle the people into a mis-understanding and contempt of all those wholsome statutes which the wisdom of our fore-fathers hath provided for the security of the protestant religion , and the peace of the kingdom : with this sawcy reflection upon the bench in the very title page [ some directions to the officers that may be threatned , or perswaded to act by such umwarrantable orders from such ignoramus justices . ] it is the opinion of men well vers'd in the trade of book-selling , that there has not been so little as 30000 ream of paper spent upon this seditious subject , in this late liberty of the press . but i shall stop here , with an humble recommendation of the whole matter to the right honourable your lordship , and to the right worshipful the aldermen your brethren . i shall not need to suggest that the government of the city can never be fafe , while that of the kingdom ; is in danger for it was notoriously the effect of this intolerable licence , that subjected the regular authority of the city to arbitrary armies and committees ; that stripp'd the magistracy of their privileges and ornaments , and set up thimble-makers , dray-men and coblers for their lords and masters . i need not mind your lordship of the agreement betwixt the past and present degrees , methods and pretences of proceeding , betwixt their godly party , and our true protestants , falsly so called ; nay , i have heard of the same faces now at work again , under the same vizors . it is not a thing forgotten , that when the fear of tyranny was pretended , the very pretenders to those fears exercised the most barbarous tyranny in nature , themselves ; nor was there ever so base and scandalous a vassallage , as that which the unwary multitude drew upon themselves under the hope of liberty . the apprehensions of popery vanished in the destruction of the canonical clergy ; the setting up of a preaching ministry concluded in the plundering , ejecting , sequestring , &c. all the orthodox and loyal divines of the kingdom ; turning the churches into stables , and supplying the pulpits with red-coats and mechanicks ; consecrating at last , the pretended purity of the gospel with the most unchristjan outrages of a barbarous sacrilege . a tory is the name now , for a popish dogg , or a malignant of forty one : and the insolency of the rabble upon captain griffith , in november last , when they cry'd kill him ; he 's a tory , kill him ; knowing him at the same time to be an officer of the lieutenancy , an ancient common council-man , and at that instant , upon his duty , and within his own precinct . that insolence ( with submission ) looks like an earnest of their good will to the subverting of the government in general , and that of the city in particular ; and an essay toward the accomplishing of that work. to say nothing of other inconveniencies that may arise by forcing men upon personal revenges , unless these scandalous liberties may be adverted upon by publick justice . having here laid before your lordship both the quality of the crimes suggested , and the names of several of the criminals ; and all of them persons too , within the reach of your command : it is not so much l'estrange , as the common voice of an injur'd government and people that makes this application . but i am further to represent to your lordship , that at the same time , while these libellous papers and agents go scot-free , the authors and publishers of other books and papers , whose business is only to vindicate the government from the forgeries , calumnies , malice and sedition of the dayly libels of care , curtis , janeway , baldwin , &c. are presented , and the bills found ; as mrs brome particularly , for the observator , by a a c●rtain grand jury , who , according to their oath , could neither see , nor hear of any thing on the other hand ; while yet at the same time , almost every stall is cover'd , and every coffee-house furnished with news-papers and pamphlets ( both written and printed ) of personal scandal , schism and treason . but i shall now desire your lordship and your right worshipful brethren to take notice what it is that the animals of this age call the favouring of popery , and the creating of misunderstanding betwixt his majesty and people . the observator , num. 27. ( after some remarks upon the practices and positions of a phanatical party ) says to this purpose ; [ never mince the matter ; but instead of demanding this or that , under a disguise , speak plain , and put the sence of the party into the form of a petition : ] and then follows the petition at length , in these very syllables . your majesties most humble and obedient subjects , having suffered many disappointments , by reason both of short and of long parliaments ; and the late executing of the law against dissenters ; the pretences of tyranny and popery being grown stale , the popish plot drawn almost to the dregs ; and the eyes of the people so far open , that they begin to see their friends from their enemies ; to the disheartning of all true protestants , and the encouraging of the sons of the church : we your majesties dissenting subjects , being thereby brought unto so low a state , that without a timely relief , we the godly people of the land , must inevitably perish . may it please your majesty to grant the right of calling and dissolving parliaments , entring into associations , leagues and covenants ; the power of the militia , war and peace , life and death , the authority of enacting , suspending and repealing laws , to be in your liege people the commons of england . and these things being granted , ( whereof your petitioners stand in great need ) if your majesty wants either men or monies , for the support of your royal dignity and government , your majesty shall see what we your loyal petitioners will do for you . the observator above-mention'd , concludes in these words ; [ all the rest is cant and gibberish ; but this is english. ] this personated petition is no more , in fine , than a compendium of their demands and cemplaints , dress'd up in their own hypocritical terms : so that the sedition lies in the defending of the king's crown and dignity , and the laws of the land ; which necessarily implies an allowance and justification of the libellous opposers of the government . finis . notes, typically marginal, from the original text notes for div a47942-e130 john kidgel● , and richard baldwin . richard baldwin . richard janeway . richard janeway . suppos'd by baldwyn . john starkey . langley curtis . hen. care. hen. care. langley curtis . jo. starkey . janeway . rich. baldwin . care , and janeway . care and janeway . janeway and care. rich. baldwin . janeway . janeway . the great wickedness, and mischievous effects of slandering, represented in a sermon preached at st. giles without cripplegate, on sunday nov. 15, 1685 by edward fowler, d.d. ; together with a preface and conclusion in his own vindication. fowler, edward, 1632-1714. 1685 approx. 60 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a40081 wing f1707 estc r10722 12927416 ocm 12927416 95580 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a40081) transcribed from: (early english books online ; image set 95580) images scanned from microfilm: (early english books, 1641-1700 ; 692:11) the great wickedness, and mischievous effects of slandering, represented in a sermon preached at st. giles without cripplegate, on sunday nov. 15, 1685 by edward fowler, d.d. ; together with a preface and conclusion in his own vindication. fowler, edward, 1632-1714. [16], 28 p. printed for brabazon aylmer ..., london : 1685. reproduction of original in cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng libel and slander -sermons. sermons, english -17th century. 2003-07 tcp assigned for keying and markup 2003-07 aptara keyed and coded from proquest page images 2004-01 judith siefring sampled and proofread 2004-01 judith siefring text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion imprimatur , c. alston , r. p. d. hen. episc. lond a sacris dornest . 16. nov. 1685. the great wickedness , and mischievous effects of slandering , represented in a sermon preached at st. giles without cripplegate , on sunday nov. 15. 1685. by edward fowler , d. d. together with a preface and conclusion in his own vindication . thou shalt not bear false witness against thy neighbour . they are grievous revolters walking with slanders , jer. 6. 28. london , printed for brabazon aylmer , at the three pidgeons against the royal-exchange in cornhill . 1685. the preface . if the readers of the following sermon knew how very little time i had for the composing of it , they would not be offended with its plainness : nor those that are ingenuous , critical in observing faults or over-sights . the conclusion of the sermon , which contains the occasion of my penning and preaching it , i have here publisht with some small additions , which i think fit to mention , because those of whose humanity i have had such plentiful experience , will be forward enough , i presume , to give out , upon their finding any passages they did not hear from the pulpit , that i have lyed in the title-page . the design of this preface is to vindicate my self from a great slander of theirs ( and i am prepared to do the like , as to all the other i have heard of ) which notwithstanding my endeavours , both by word of mouth and letters , to clear my self of , doth ( as i understood the last week ) still stick upon me : and 't is this , that i should give , about a year and three quarters since , to a certain fanatick , a knavish certificate , to bring him off , in a court of iustice , from an indictment of so scandalous a crime , as the depraving of the common-prayers . and in short , that i certified him to be a good church-man , whereas he never came to the communion but once , in order to his being qualified for the office of common-council-man . and if i ever gave to any such person such a certificate , i will freely acknowledge , i was a knave indeed . but before i proceed farther , i will say this , that i know not that i ever repented of any certificate i gave in my life , except of one that two of my greatest enemies , before they discovered their malice towards me , did unawares draw me into ; which was to this effect , and , to the best of my remembrance , in these very words , that for ought i know , they were men of peaceable and christian spirits ; which certificate was of their own penning . i must confess , i then shrewdly suspected that they were not men of such spirits , but because i had no certain knowledge of the contrary , upon a little deliberation i subscribed it . but within a few dayes . i was made sensible what a trapan this was , being informed , that these very men had represented me , at white-hall , as an encourager of fanaticks in our freedom-vestry . this was told me by a person of honour , who had it from mr. secretary ienkins . but i appeal to the present recorder of london , and to the alderman of our ward , whether , in their presence , i did not abundantly clear my innocence , as to this charge . the latter of these gentlemen , meeting me in , or near , cornhill , some dayes after the hearing which we had in the recorders chamber , desired me to pardon the chief man of them ; and the recorder , at the conclusion of the hearing , i think before most of the vestry-men were gone out ( for there was a full appearance of them too ) was pleased to declare ( my self standing by him , and divers others ) that he would justify my honesty ( that was , with respect to my proceedings in the vestry ) on any ground in england . my adversaries thus failing of their design , they , with one or two more , have , almost ever since that time to this , turned every stone to ruine me : and london rings of their carriage towards me . nor hath it satisfied them to abuse me in the grossest manner , but they have put an intolerable abuse upon a great-man or two ; for when they have been expostulated with , for making my life so vneasy , they have endeavoured to remove all blame from themselves , by pretending that what they had done , was in meer obedience to their commands . and when it was replyed ( as once it was by my self , to this effect ) you first instigate great persons by your wretched stories , and then hypocritically pretend that my troubles originally proceed from them ; there was no answer , but perfect silence . it might make a competent volume , to give an account what slanders they have devised , and methods they have taken , from time to time , to do me mischief . i have a narrative by me of the molestations they have given me , to about half a year since , which i intended then to publish , but upon second thoughts i judged it more prudent to hold my hand for some time longer . but to return to this knavish certificate ; the person i certified for , was one mr. r. w. who is one of my nearest neighbours . the occasion of the certificate was this , two of these three or four men , who have so long been my adversaries , accused this man to me before his face ( which fair play they rarely use ) of having called the common-prayers an innovation , upon a motion to have them read , at the meeting of their quest , in the quest-house . mr. w. professed that he only called the reading of them upon that occasion so , for that never any such thing had been done before , that ever he heard of in this parish : and that he opposed the bringing up of such a custome , for the poors sake , because he presumed they would pay the reader out of the purse , that at that meeting annually was made for them. but he told me he declared to them , that if they would pay the reader out of their own purses , they might have the prayers in the church with all his heart ; and acknowledged then that he gave them a proverbial saying , which they made a mighty business of , that signified no more than that every body might have his liberty , either to go , or to stay away ; which , though it might be decently enough used in most cases not relating to religious affaires , yet i told him it was irreverendly done of him to use it in this case ; and though i could not impute it to his disaffection to the prayers ( he having ever since i came to this parish , and i understand , for some years before was a constant attender on them upon sundayes ) but to meer rashness and inconsideration , they being then in the heat of passion ; yet at that time , and more then once since , i rebuked him for it with severity enough . and i further reproved him before these men , for not being as forward as any to so good a motion ; though it was evident enough , that the motion was not made from so good a principle , as that of true love to the worship of god , but upon a design that was very obvious . i farther added , that to encourage the reading of the prayers , at this yearly meeting , i would my self first read them at their meeting again the next year , and so for the future , which accordingly i did the last christmas . they had another story of a most indecent scoff at our church musick , but this he utterly denied , and persists in doing so ; and the truth is i never believed it , but now , for a reason i won't mention , i disbelieve it . after all the passionate fending and proving was over , and i had , as i said , smartly enough reproved mr. w. i told them 't was evident , he did not call the prayers an innovation , but only the reading them in the quest-house , or upon that occasion , and then exhorted them to more christian behaviour towards one another , and to be friends again ; having heard that there was an elder grudg between one or both of these men , and this mr. w. and that the difference did not begin now : although one of them had been sometime before his great intimate , and he constantly gave mr. w. the title of his master . hereupon they drank to each other , more than once , and shook hands . but the next news i heard of them , which surprized me much , was , that they had made a complaint of him to mr. recorder , and that the constable had carried him away to guild-hall , and that there he was bound over to answer for his depraving the common-prayer ; upon these mens oaths , at the kings bench barr. whereupon this mr. w. signified to me , that the lord mayor had advised him , to get a good petition drawn up to my lord chief iustice , and as good a certificate as his minister and other creditable people of the parish , could give him ; and that his lordship promised him to present both with his own hand , and accordingly he performed that promise . hereupon i again reproved him , and told him i hoped this would be for the future a warning to him ; and finding him much dejected , i said i would willingly certifie for him whatsoever i knew to be true of him . and the certificate i gave him was this , that he was a constant attender on the prayers of the church , a frequenter of the holy communion , in the way of the church of england , and a forward man to publick good works in the parish , and particularly at that time , to the repairing of our church and steeple . and in the close , i expressed how far i was from going about to excuse his fault ; but in what words i did this , i don't now remember . this is the plain and naked truth of this matter , and i am yet to learn where lay my fault . nay i am still fully satisfied in my conscience , that i did nothing but what i might lawfully do , nay nor any thing but what i was bound in common iustice to do . for i never knew him other , than a constant attender on the prayers of the church , nor than a frequenter of the holy communion , i mean upon his knees and at the rayles . and , whatsoever faults he may have been guilty of , i have found no one parishioner more publick spirited , both in reference to the church and parish . and he was one of the best church-wardens ( i finding him in that office when i first came hither ) that i believe the parish ever knew . it hath been objected to me , that he behaved himself disloyally at the election of sheriffs , and therefore this certificate was taken the worse at my hands . but i need make no other reply , than that this was more than i knew . i have but little acquaintance in this parish to this day , and had less then , so that i might very well be a stranger to his behaviour at that election . for my part , i never perceived any disloyalty in him , but the contrary , when he hath come to me , which he does very rarely , but when business brings him , though he lives close by me . and had he discovered disaffection to the government , either in church or state to me , what is commendable in him should not have made with me an atonement for it . but there is no end of these my obliging friends stories ; i hope though , for the future they 'l be more innocent ones ; i mean , that their tongues will be no slander . the worst thing i knew of this man was , that he would be too easily provoked , but as soon ( that i 'le say for him too ) pacified . but why should i better know what this w. was , than what these men were ? i was i confess often told what two of them were , but i would not believe it , till they did me the kindness to make me understand them whether i would or no ; and since i have been sufficiently upbraided with my charitable incredulity . but in order to the more blackening of me , one or more of my good friends have reported , that he was upon the scaffold when the king was murthered . i never heard of this till this very day , but i concluded 't was a wicked lye , before i sent for him to ask him the question . his reply was , that he was then but a boy about sixteen years old , ( as any one may believe that knows him ) and that he was at that time fourscore miles from london . in short , mr. attorney general had a full hearing of the forementioned cause , was fully satisfied of the baseness of it , and gave mr. w. a noli prosequi . my enemies after this , made an article against me of this certificate , at doctors commons , and it was thrown out again with contempt enough . and yet , it is still made a hainous crime in me , and if it must be so for the future , after this pains i have taken to clear my self of being faulty therein , so let it . pervicaciae nullum opposuit remedium deus . but i declare farther , that if i had refused to certifie what i knew to be true of this man , i had not only been vnjust , but highly dis-ingenuous . for at my first coming to this parish , though he was a meer stranger to me ; and i never once heard of him before ; he highly obliged me by standing up for my right to houses that were built on the church-yard ground , and which i recovered without going to law , and by no mans assistance more than by his . and so much for that . i am accused too of this very whiggish trick , and in my mind a more knavish one , than the pretended certificate , viz. that the lord mayor , or some great man ( no body knows who ) sending to me to give my iudgment of persons fit to be chosen common-council-men , and to do my best towards procuring the choyce of loyal persons , i recommended fanaticks , or at least whigs , and stickled for them . but the reader shan't need to be scared with the fears of another tedious tale , for a word or two will do this business , viz. i solemnly profess both upon the word of a christian and a divine , that i never concerned my self , either directly or indirectly , in that affair , nor ever was defired by any mortal to meddle in it . but yet this goodly complaint of me , was told me by no less a man than a lord , this last week . and i am not to seek to understand , why just at this nick of time , ( i mean within this week or fortnight ) there are such strenuous but secret endeavours used by these men , to make me all that 's naught to our governovrs . it may be expected i should here clear my self of discouraging my church-wardens from presenting dissenters , which they made an article of , but i need to say no more than this to it , that as they could make nothing like a proof of it in the court , so the contrary appeared there , by the deposition of the principal of their own witnesses . and i had full evidence ready to prove , that i only charged them to present impartially , and not to gratify any ones revengeful piques , but it was not produced because 't was needless . and i had , after a full hearing , ten pounds costs given me against them . and now my hand is in , a word or two to their grand article , that i gave the communion to two of my church-wardens together , who were excommunicated in the court , near a year and half since . but as i had leave to defer the publishing of that excommunication , so the sacrament was given them before 't was publisht ; and i had then great assurance , that excommunications can take no effect till they are publisht ; and what i did , was done upon the best advice i was capable of having , and i relyed upon the authority of more than one ecclesiastical iudge ; and the same article had been exhibited against many other divines besides my self , had they been so unhappy as to have had in their parishes any people of such venomous spirits , as those few i am infested with . so that , if this were a fault in me , it was a fault of most excuseable , if i may not say invincible , ignorance . i no way consulted mine own interest in doing this thing , and i abominate the breaking of any order of the church to gratify any person whatsoever . there is one thing more which i ought not to omit , viz. that whereas i might say ( but that it may be replied , i live far from neighbours ) that no man could live more peaceably than i have done in this place , nor have been more forward to oblige all men , i have wondred sometimes , and so have others too who know my conversation , how i should happen to have in my parish such bitter enemies , though , i thank god , i have but a very few that i know of . but i have been for some time satisfied , that my impartiality in preaching hath netled some , and particularly my frequent exposing certain vices of some among us , who value themselves mightily upon their loyalty and conformity , whom i have plainly told , that they are a disgrace both to the king and the church ; and it may be i have but seldom dealt severely with the fanaticks , and men of factious , seditious , and rebellious principles , but i have had a bout with them too . now this is a fault i will not make the least excuse for , and if it be a fault , i believe most of the good service i have done here to the king and church , hath been principally owing to it . a second cause of my troubles i am too sure ( and i question whether i can name a third ) is , my refusing to part with mr. s. after all endeavours that have been used to set me against him . and for my great aversness to gratify his enemies herein , i will exercise my readers patience with this short apology . viz. that , besides one personal pique , i soon perceiv'd , the bottom of the emnity against him , to be some sermons he preached of the absolute necessity of restitution , that grievously galled some , who were too well known , to have wronged the poor , together with his declaring his mind else-where with some severity , against several unjust practices , before i had any relation to this parish . and it would have lain heavy upon my conscience , while i had a day to live , should i have joyned with those against him , who , i was satisfied , did set themselves in opposition to him , for the zeal he had expressed upon so highly commendable an account , as that of endeavouring to do right to those who are not in a capacity of righting themselves . besides , should i have dismissed mr. s. i could not but expect the curses of hundreds of needy families , for , excepting two noted citizens , i know not his fellow for bestirring himself , to get relief for poor people . i am confident , that never was a parish so obliged to a curate , as this parish hath been , for many years , to him , as ill as he hath now , for a long time by some few , been requited for it . and , to speak my conscience , i am certain this parish could very much better spare my self , than it can him. i confess , at my first coming , there was some misunderstanding between him and me , which some hoped would have ended in a settled enmity like to theirs : but in a very short time , we came to know each other better , and then immediately all that vanished , and hath never been in the least revived to this day . and , as to his preaching up loyalty , and conformity to the church , i know not a divine in london that is , or , ever since i came hither , hath been more zealous ; as many hundreds , i may say some thousands , can bear me witness . i will make no other apology for troubling the reader with this long scribble , than this very short one , viz. meer necessity hath , sorely against my inclination , compell'd me to it . but , for all that , i expect to have the old lame distick flung in my dish , viz. hoc mihi pro certo est , quòd si cum sterc●re certo , vinco , seu vincor , certè ego maculor . and if i have this wipe , i 'le take it patiently , though of all gibes , i confess , i most hate true ones . st. giles cripplegate , nov. 16. ( 85. ) the great wickedness , and mischievous effects of slandering represented . psalm . 101. 5. whoso privily slandereth his neighbour , him will i cut off . i shall not detein you with any thing of preface , but fall immediately upon the business i designed in the choice of these words , for my present subject . the just and pious king , who was the pen-man , spends this short psalm in declaring to his people , how he was resolved to mannage himself , in reference to the encouragement of piety and virtue among them ; and the discouragement of vice and wickedness . and among other particular vices which he tells them should by no means escape punishment , that of slandering their neighbours comes in , in the words of my text. nor is here any one vice which he expresseth so great an abhorrence of , or so severely threatens , as this of slandering . for , whereas he saith , a froward heart shall depart from me : i will not know a wicked person : and him that hath a high look , and a proud heart will not i suffer : and he that worketh deceit shall not dwell within my house : and he that telleth lies shall not tarry in my sight ; he makes slandering their neighbours , a capital crime , and declareth that whoso slandereth his neighbour , him would he cut off. first , i will endeavour to shew , what is here meant by slandering ones neighbour . secondly , upon what accounts we may presume this good king did thus threaten those that should be guilty of this practice . i. what is here meant by slandering ones neighbour . thus to do , is either to devise a tale of another and then tell it ; that is , such a tale , as tends to the bringing of a blot upon the person of whom 't is invented and told : or to tell a false story from other hands as true , and with a design to have it believed without sufficient evidence of the truth of it . now although this latter way of slandering be a very great sin , as proceeding from great want of charity , and being perfectly opposite to that golden rule of our saviour , what you would that men should do to you , do you even the same to them , ( than which no maxim in morals is more plainly taught by the law of nature , i. e. right reason unassisted by divine revelation , and which a pagan prince gives us in negative terms , viz. quod tibi fieri non vis , alteri ne feceris . whatsoever thou wouldst not have done to thy self , do not offer to do to another : i say , as this latter way of slandering is for these reasons a very great sin , and consequently will meet with , where it is not timely repented of , very sore punishment from gods hands ) yet the former way , viz. slandering by inventing of stories to the blemishing of any ones good-name , is a greater sin , ( as is evident at first hearing ) and therefore deserves greater punishment . and the more the tale blackens his reputation of whom it is told , and the greater , or more useful the person is in the world who is defamed , as also the greater the injury is that is designed him in telling it of him , the greater still is this exceedingly great sin. now the slanderers that king david must needs mean here in the text , and whom he threatneth with being cut off , are such as shall devise and invent lies to the injuring of their neighbours , i. e. of any persons , be their rank and quality what it will ; which the word neighbour doth import . and they are only such slanderers as these which must be here thus threatned , because the other sort ( viz. such as do not invent , but only rashly give credit to and report lies of their neighbours ) though they are great sinners too , yet we cannot think that the king would doom them to so great a punishment . for in all places , there are too many of these offenders to be made obnoxious to so severe a sentence . and besides , it is not so easy a matter for the magistrate to find evidence sufficient in such a case as this , to found such a sentence as that of death upon it . ii. i come to shew upon what accounts this good king did thus threaten such as privily slandered their neighbours . there is very great reason for his being thus incensed against them . first , because inventers of slanders are in the number of the most injurious and mischievous people in the world. 1. they are most mischievous to those persons who are the objects of their slanders ; none are more so , except those instruments of satan , who by drawing others to sin destroy their souls . after the divine graces and virtues , which are necessary to qualify for the heavenly happiness , a man's good-name is the most highly valuable . it is not only better than precious oyntment , and rather to be chosen than silver and gold ( as the wise man saith ) but 't is to be prefer'd before all temporal enjoyments whatsoever , not excepting life it self . for who can take any comfort in his life , ( unless he be devested of all humanity , and strangely sunk into the brutish nature ) that is sensible of having out-liv'd his good-name ? and as for those that are so sunk , it would be much better for themselves as well as for the world , if they were out of being . and as it is natural to those men who have any thing of generousnes and ingenuity in their tempers , above all things to covet a good-name ; so there is this great reason why they should , namely , because it is the chief thing that makes men useful in the world ; and there are no such unprofitable or insignificant creatures upon god's earth , as those are who have lost their reputation , or had never any to lose . i mean by a good-name and reputation , that of a good-man : of a man that hath imbibed good principles , and is true to them : of a man revering the great god , and fearing to break wilfully any of his laws . that which either in the sacred writings , or in the books of the philosophers is called a good-name , is wholly founded upon good morals . a large understanding , shrewdness of wit and parts , high titles of honour , &c. have , 't is confessed , acquired to their owners great names , but these alone never made any man the possessor of a good-name . now so far as any man's reputation , in reference to his morals , is eclipsed , so much the less capable doth he immediately become of being serviceable in his generation . the less of a good-name any one hath , the fewer opportunities and advantages will he have , of being beneficial to his fellow-creatures , either in their temporal or spiritual concerns , but especially in their spiritual . and as it is cheifly upon this account that a good-name ought to be so highly esteemed ; so to esteem it upon any other account , separate from this , is nothing better than a gratification of animality or fond fancy . but this consideration makes it highly reasonable to prize a good-name above rubies , and above the wealth of both the indies , and to reckon our sufferings herein in the number of the greatest worldly sufferings . so , it is manifest , king david did , by divers passages in his psalms : as particularly in psal. 35. 11 , 12. saith he , false witnesses did rise up against me , they laid to my charge things which i knew not ( or which i was altogether guiltless of ) they rewarded me evil for good ( or this evil of slander for all the good services i have done them ) to the spoiling , or ( as 't is in our old translation ) to the great discomfort of my soul. and psal. 69. 19 , 20. he thus complaints ; thou hast known my reproach and my shame and my dishonour , mine adversaries are all before thee , reproach hath broken my heart and i am full of heaviness . so that a slanderer being a robber of that which is deservedly so precious , or at least he alwayes being so in his endeavour , there was great reason why this holy king should so abominate him , as we find by our text he did : but , 2. as the slanderer is thus highly injurious to those who are the objects of his slanders , so is he the most pestilent creature to the community of which he is a member . those who invent slanders , are the greatest pests and plagues to a body politique . they are continually stirring up strife and contention , animosities and emulation : and where these are , st. iames tells us , there is confusion , and every evil work. one of these is sufficient to set a whole neighbourhood together by the ears , and a few of them are enough to enflame a whole city , nay a whole kingdom . king solomon saith , prov. 16. 27. an ungodly man diggeth up evil , and in his lips there is a burning fire . and st. paul , 2 cor. 12. 20. brings in swellings and tumults immediately after backbitings and whisperings . which he had good reason to do , since those are the natural consequents and effects of these . for they not only sow seeds of division among the people , but beget a mutual mis-understanding between them and their governours . these backbitings and whisperings render governours jealous of their people , and the people as jealous of their governours . princes see with other mens eyes , as they act by other mens hands ; and therefore 't is the most difficult thing , and even next to impossible for them , ordinarily to discern between calumnies and true stories . they have greater matters alwayes to mind , than to have leisure to dive to the bottom of those reports that are brought to them . and therefore , no wonder if they are frequently abused and imposed upon ; and so , perswaded to take some for their worst , who are in the number of their best subjects ; and others for their best , who are really their worst . and while the slanderers are as cunning and dextrous as they are wicked and malicious , what can alwayes prevent this , and the horrible mischiefs occasioned thereby , but such a degree of wisdom and knowledg , as no where resides but in god himself ? now king david had great reason to resolve upon doing his utmost towards the rooting out of his kingdom such people as these , when he knew them to be the great instruments of their father the devil , in making his subjects uneasy to himself , and to one another , and himself too as uneasy unto them : when he knew that all good order and government , was inconsistent with the encouragement , or toleration of such a crew of vile miscreants . when he was so well aware , that let such pretend to what loyalty they pleased , 't was impossible for him to have naughtier subjects than these are . let us consider what st. iames saith of a slandering tongue , ch. 3. v. 5. the tongue is a little member , and boasteth great things ; behold how great a matter a little fire kindleth ! and the tongue is a fire , a vvorld of iniquity . so is the tongue ( or a calumniating backbiting tongue ) among our members , that it defileth the whole body , and it is set on fire of hell. secondly , as inventers of slanders are the most mischievous and destructive sort of people ; so , whilst they are neglected and let alone , they are the most successful in their wicked designs . they are so successful , that what our proverb saith of a flayl , is much truer of a slandering tongue , that , there is no fence against it . if any thing be a sure protection from it , one would think the most spotless innocence , and the most exemplary virtue needs must , but the example of our blessed saviour assures us of the contrary . no man ever arrived to his innocence or vertue ; but for all that , never was any one so strangely wronged in his good-name as he. though no man more practised or taught loyalty , yet was he represented as an enemy to caesar. though never had the devil such an enemy , yet was he calumniated as a great wizzard , in league with beelzebub the prince of the devils . though never was the breast of any one so possessed with divine love , nor any man's mind with so great a reverence and veneration of the divine majesty , yet was he stigmatized with the blackest of all marks and characters , viz. that of a blasphemer . and as the most horrid slanders were invented and published to the world of him , so were they generally believed too . there is nothing we are owners of that 's so exposed to the mercy of others , as are our good-names . whosoever hath a tongue in his head , if he be but wicked enough , and not universally known to be a wicked man , can , when he pleaseth , do our names a mischief . the wise man saith , prov. 25. 18. that a man that beareth false witness against his neighbour , is a maul , and a sword , and a sharp-arrow . that is , he is made up and compounded of all fatal mischiefs . a maul cannot give greater bruises , nor more effectually fell to the ground , than this sort of weapon : nor a sword pierce deeper , or cut and slash more cruelly : nor a sharp arrow wound at a greater distance , no nor at nothing so great a distance ; for there is no getting out of the reach of a slandering tongue ; nor is there any where to be found security against it : i mean , besides the special and extraordinary providence of god. st. iames tells us in the fore-mentioned chapter , ver . 7. &c. that every kind of beasts , and of birds , and of serpents , and things in the sea , is tamed , and hath been tamed of man-kind ; but the tongue ( viz. the tongue of a slanderer , as is plain by ver . 9. ) can no man tame , it is an unruly evil , ( such an evil as there is no dealing with it ) full of deadly poison : such as is too strong for the most sovereign antidote . many ( saith the son of syrack ) have fallen by the edge of the sword , but not so many as have fallen by the tongue : well is he that is defended from it , and hath not passed through the venome thereof . who hath not drawn the yoke thereof , nor hath been bound in its bands ? for the yoke thereof is as a yoke of iron , and the bands thereof as bands of brass . the death thereof is an evil death , the grave were better than it . so that the slanderer being an enemy , against whose assaults the greatest human power , policy or wisdom , cannot wholly defend us ; well might king david conceive so high a displeasure against him , as he here expresseth . and the like displeasure doth he declare against him , psalm . 120. 2 , 3 , 4. deliver my soul , o lord , from lying lips , and from a deceitful tongue . what shall be given unto thee , or what shall be done unto thee thou false tongue ? sharp arrows of the mighty , with coals of iuniper . or , with hot burning coles , according to the other translation . i proceed now to make some application of what hath been said ; and it shall be this. first , this little we have discoursed on this argument , is abundantly enough to render the sin of slandering our neighbour most abominable in our eyes . i mean , 1. the sin of devising and inventing defamations and slanders . this indeed is such a wickedness as one would think it should be needless to caution those against it , i will not say , who profess christianity , but who have not bid adien to all humanity . it is such a black , such a hellish sin , as that the devil hath both his chief names and characters from it . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. this name devil , signifies the slanderer . satan signifies the spiteful enemy . the chief characters we meet with in scripture of the devil , are these two , the father of lies , and the accuser of the brethren . and therefore nothing can denominate us more perfectly like the devil , than this forging of lies and calumnies against our brethren . and we see , psalm . 50. 19 , &c. with what severity the great god expresseth himself against those that dare to commit this sin. saith he , thou givest thy mouth to evil , and thy tongue frameth deceit . thou sittest and speakest against thy brother , thou slanderest thine own mothers son. these things hast thou done , and i kept silence ; thou thoughtest that i was altogether such an one as thy self : but i will reprove thee , and set them in order before thine eyes . and v. 16. he asks such as these , what they had to do to declare his statutes , or that they should take his covenant into their mouths : or to make profession of his religion , or indeed of any religion . and v. 22. he threatens them that he would tear them in pieces , and there should be none to deliver , if they would not consider what he now had said , and lay it to heart . king solomon putteth this practice of slandering , in the number of those sins , which god abominates in a more especial manner . prov. 6. 16. &c. these six thing doth the lord hate , yea seven are an abomination to him . a proud look , a lying tongue , and hands that shed innocent blood : an heart that deviseth wicked imaginations : feet that be swift in running to mischief : a false witness that speaketh lies : and he that soweth discord among brethren . and indeed all these seven things , except the first , are such as make the proper character of this sort of slanderers i am now exposing . and rev. 22. 15. whosoever loveth and maketh a lie , is reckoned with dogs and sorcerers , and whoremongers , and murtherers , and idolaters ; who are to have their portion in the lake that burneth with fire and brimstone . 2. let us no less hate the practice of taking up evil reports against any , that that of inventing them . we learn from psal. 15. 3. that this also will exclude us the kingdom of heaven ; in that 't is here said , that among those that shall abide in gods tabernacle , and dwell in his holy hill , he is one that backbiteth not with his tongue , nor doth evil to his neighbour , nor taketh up a reproach against his neighbour : or doth not without good evidence give credit to it , and much less spread and propagate it . the wise man maketh him a vvicked doer , who giveth heed to false lips ; and a lyar , who giveth ear to a naughty tongue . prov. 17. 4. this is as much a transgression of the forementioned golden rule , of doing as we would be done unto , as is devising and forging slanders . i doubt there is not much less malice in this practice , but i am sure it savours of every whit as little charity , as that other practice doth . i can have no charity for that man , against whom i am forward to believe and report whatsoever of evil i chance to hear of him . nay , vvhisperers and backbiters , as well as inventers of evil things , are reckoned by saint paul , among those obdurate sinners , of whom he pronounceth , that god had given them over 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to a reprobate mind , rom. 1. 29 , 30. hasty believers and spreaders of false reports , are the tools and instruments of those that invent them , for the doing of the mischief they design by them . and it is almost wholly long of these , that those wicked people are in a capacity of doing any mischief by their forgeries . we are bound therefore by the strictest bonds , by the bonds of charity , of iustice , and of self-preservation , to be extremely cautious of lending our ear to tale-bearers , lest we be involved in their guilt , and so brought to share with them in their dreadful punishment . since this is an express law of god , thou shalt not go up and down as a tale-bearer among thy people , lev. 19. 16. surely 't is as much a law of his , that we should not give incouragement to those whom we know to be tale-bearers , by listning to their tales . nay , we are obliged to be so far from believing a report against our neighbour , meerly from the information of any one or a few persons , of whose integrity , and of 〈◊〉 certain knowledge of the truth thereof , 〈◊〉 have not great assurance , that we may not ne●●ther conclude any man guilty , from his being accused by the generality . there is indeed a common saying , vox-populi est vox dei , the voice of the people is the voice of god. and in a certain sence it may well pass for a true proverb . but as it is vulgarly understood , the voice of the people is not the voice of god , as we of this city and kingdom have often found by sad experience . all wise and honest men cannot be , at this time of day , to seek for conviction , what great sufferers , even our governours themselves have been wrongfully made to be , by the voice of the people . and i dare affirm , that he who now takes the common vogue for unquestionable evidence , had he lived in the dayes of our blessed saviour , would have been made one among that wicked crew , who applauded the sentence pronounc'd against him. and there is this weighty reason , why common fame it self is not to be confided in , viz. for ought we can tell this fame might first arise from but one man , and that man a liar too ; and this we certainly know , that the generality are so void of charity , as hastily to catch at scandalous stories , and are much more easily perswaded to think and report evil things upon very slight grounds , than good and commendable things , upon the most evident and apparent ones . and none have so sad experience of the truth of this , as those of whose reputation we are obliged to be the most tender . i mean our governours in church and state. but suppose we have certain assurance , that such an ill report did take its first rise from not a few , yet we may not be sure but that these might be united in one common interest and design ; but in this case , the report of many carryes no whit stronger evidence with it , than if it came but from one mouth . and this was the very case of our blessed lord : they were many who first divulged vile slanders of him , but they were all acted by one and the same principle , viz. that of malice ; and by the same design , viz. that of disgracing him among the people , and incencing of king herod and pontius pilate against him. but lastly , suppose we could be certain , that the many ' first reporters of bad stories were not linked together by one common tye , yet even in this case too we are bound to use caution and deliberation , before we give them undoubted credit . especially if those stories relate to words or actions that are capable of a two-fold interpretation . the same actions may be faulty or commendable , according to the circumstances wherewith they are attended . and the same words may be so too , according to the occasion or connexion of them . but people are generally , even those who have no malicious intention , rash , and heady in judging of actions without weighing circumstances ; and in running away with half sentences ; or with whole ones , without considering , what went before , or followed after . so that , i say , as we would not fall under the guilt of that sin , the exceeding heinousness of which i have been representing , look we to it , that we be not hasty in taking up evill reports of any body , let them come to us from never so many . if this be warrantable , as i have already intimated , the joyning with those who ran down our saviour , and at last nailed him to the cross , had been very excuseable , not to say defensible . and let us believe as well as , without offering violence to our reason , we can of all men ; and chuse much rather in our judging , and in our reports of men , to offend on the right than on the left hand . i am certain , thus much is implied in those two precepts of our lord , viz. iudg not that ye be not iudged ; for with what iudgment ye iudge ye shall be iudged , and with what measure ye mete , it shall be meted to you again . matth. 7. 1 , 2. and iudge not according to the appearance , but judg righteous iudgment , john 7. 24. 2. ought the slandering of our neighbour to be so detested by us , then what an abominable thing is it , to slander , and injure the good-name and reputation of the kings majesty , and of those that under him have authority over us ! 't is an express law of god , exod. 22. 28. & repeated by st. paul , viz. thou shalt not revile the gods , nor curse ( or speak evil of ) the ruler of thy people . and as to the king , 't is so great a wickedness to defame him , or say any thing to the lessening of his honour , that the wise man thus chargeth us , eccles. 10. 20. curse not the king , no not in thy thought . and 't is as much the peoples interest , as it is the kings , that he be not slandered ▪ or spoken evil of . for seditious and rebellious practices do usually arise from mens first taking this wicked liberty ; as we have all known by very woeful experience . and we know by the like experience , that the king suffers not more by those leud practices , than the people necessarily must . it was a good saying , as i remember , of aristotle , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vvhosoever defames the prince , is injurious to the common-vvealth ; or mischiefs his subjects . and as for those that take liberty to invent or tell stories reflecting upon their ecclesiastical governours , pastors , or teachers , they are in a special manner injurious to the souls of men. for nothing so tends to the prejudicing of their people against their doctrine , as their having an evil opinion of their persons . and for this reason , i think none are so much concerned to keep their good-names as unspotted as they can , and to clear themselves of whatsoever aspersions are cast upon them , as they are . the conclusion . and now i will take this occasion to inform you , that some having greatly concerned themselves of late , to carry tales of scandalous passages which they pretend to have heard from the pulpits of divers of my brethren in this city , there are others who have very lately done the like good office for my self . i am too well aware who they are , i will tell you who they are not ; i am very confident , they are not papists , at least not professed ones . but you of this parish may have a shrewd guess within a very few ; for you must needs know some to have long expressed as bitter and implacable enmity against me , as if we had been of two churches and contrary religions : and that without the least provocation on my part . and i doubt not there are many of the roman religion , from whom i should have had much more iust , fair , and christian treatment . as silent as i have been hitherto , this is not the first nor second time neither , that i have been in the self-same manner most vilely abused by these people , as in due time , i trust in god will be made manifest . my last accusation was this , ( or at least the last i have heard of ) that i vented in this pulpit , on all-saints-day , viz. this day fortnight , a bitter curse against the papists , together with all those ( for which i trust to the memory of an extraordinary person ) who give them encouragement . and the curse i understand was worded to this effect ; i wish their names and memories may rot eternally . whatsoever the express words were , i hear they perfectly agreed in the self-same , which is so far from evidence of their telling truth of me , that 't is a much stronger argument of their being conspirators against me . but may this curse , instead of falling upon the papists , or those that encourage them , light upon my own name and memory , if i either pronounced it , or any curse like it against either the one or the other , or any curse at all against either . and as i solemnly appeal to god almighty , so i appeal to you my auditors , whether there were the least appearance or shadow of an occasion given by me , for such an information as this against me . i appeal to you also , whether you can think it possible , that such an accusation as this could arise from meer mistake . i am confident , that all who minded my sermon , will pronounce , that neither this charge , nor any charge that hath the least likeness to it , be it worded how it will , must be nothing better than pure invention ; which we have shewn is the most horrible way of slandering . i prevailed with a most worthy prelate to hear that sermon read out of my notes word for word , and i cannot call to mind my having said above three or four words more than are in my notes , and those i acquainted his lordship with , meerly that i might truly say , that he had nothing of the sermon concealed from him. and after it was read , not one bit of a sentence could be fixed upon , that might put my enemies in mind to invent such a slander as this of me , unless it were this , viz. if we do not justify to all the world ( meaning , as before was expressed , we divines of the church of england ) the representations we have made of that religion ( viz. the roman ) to our people , let our names stink , and our memories be covered with eternal shame . and these words next follow , 't is a most wicked thing to slander a particular person , and much more to slander and be-lye a whole church , and that so excellent and famous a church , as that of rome once was . so that if i had been accused of curseing my self , or my brethren , instead of the papists , and those that encourage them , there had been a much more colourable pretence for such a calumny . i know i han't lived such a life as that after so solemn appeals as i have now made , my perfect innocence , as to this charge , should be in the least questioned by those , who have the least knowledge of me . bur as for those that are acquainted with me , i am certain they need no such appeals to satisfy them , that i could not be guilty of so un-christian a thing , as the cursing of any man , upon any account ; and much less , as the cursing of any sort of men , upon the account of their being of a different religion from my self . for as to all such , i have very rarely been blamed for any defect of charity towards them ; but i have often been censured as being in the other extreme , viz. of the excess of charity , which i have alwayes concluded to be much the safest . good lord , that any , who profess themselves christians , should be so depraved , as to attend our preaching god's holy word , with no better a design , than to be spyes upon us , and to catch at all advantages ( and when they can find none , to make them ) for the ruining of us and our families ; nay , and which is worse , if worse can be , that such should dare to receive the holy communion , and that at their hands too , against whom they are alwayes contriving of mischief . god grant that such people may at length seriously lay to heart , the wretched state they are in , and consider what a severe reckoning , they shall one day be called to for such practices . and that , if timely repentance prevent it not , there will most certainly be bitterness in the latter end. i have sometimes e'ne trembled to think , what horrid crimes the devil in time may draw such into , who are so forsaken of the divine grace , as to be able to do such things as these . i have long remembred my adversaries particularly in my daily prayers , that god would be pleased to give them true repentance for the many great injuries they have done me , and for their other sins , that their souls may be saved in the day of the lord iesus . i am under a greater necessity than you are aware of , thus to clear my innocence ; and what i have now done , hath not been without the best advice . thanks be to god , his majesty is so just and gracious a prince , as instead of readily crediting ill stories of us , to give us opportunities for the clearing of our innocence : and very willingly condescends , audire alteram partem , to the hearing of our vindications . nor is his majesty less forward to the receiving of satisfaction concerning our innocence , than patient in hearing complaints against us . which grace of his lays a farther obligation upon us , to pray for his majesties long and happy reign over us . i will now conclude , with that most christian petition of our church in the litany . we beseech thee good lord , that it may please thee to forgive our enemies , persecutors and slanderers , and to turn their hearts . and with the intercession of our blessed saviour upon the cross , for his bloody enemies : father forgive them , for they know not what they do . finis . notes, typically marginal, from the original text notes for div a40081-e310 tertul. a triple paradox affixed to a counter-mure raised against the furious batteries of restraint, slander and poverty, the three grand engines of the world, the flesh, and the devil / by major george wither ... wither, george, 1588-1667. 1661 approx. 155 kb of xml-encoded text transcribed from 41 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a66791) transcribed from: (early english books online ; image set 95689) images scanned from microfilm: (early english books, 1641-1700 ; 993:32) a triple paradox affixed to a counter-mure raised against the furious batteries of restraint, slander and poverty, the three grand engines of the world, the flesh, and the devil / by major george wither ... wither, george, 1588-1667. [4], 73, [3] p. printed for the author, london : 1661. reproduction of original in huntington library. in verse. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng imprisonment -great britain -poetry. libel and slander -poetry. poverty -poetry. 2005-07 tcp assigned for keying and markup 2005-08 apex covantage keyed and coded from proquest page images 2006-01 judith siefring sampled and proofread 2006-01 judith siefring text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion a triple paradox : affixed to a counter-mure raised against the furious batteries of restraint , slander and poverty , the three grand engines of the world , the flesh and the devil . by major george wither , who , now beleagured by their forces , throws out unto them this defiance . the said paradox maintains these particulars . that confinement is more safe than liberty , slander more advantageous than praise , poverty more profitable than riches . nusquam , non potest esse virtuti locus . seneca . london , printed for the author . 1661. the author , to all those who have relieved him in his beleagurement . it is a more blessed thing to give , than to receive ; therefore , having hitherto been a receiver only , i am now desirous to be a giver also , though it be but of a mite , or of a cup of cold water ; for , we are not to expect benedictions or acceprations , strictly answerable to the quantity or quality of our gifts considered in themselves , but according to our purposes and abilities ; which incourages me to send you a handful of such fruit as grows upon my witherd-tree , now almost past bearing , that if you find it as pleasant and as wholsome , as i conceived it to be , you having therewith refreshed your selves , may if you please , pick out some of the kernels , and by sowing and replanting them in your orchards , preserve the kinde for future use , when my tree is rotten . i make not tender of this diminutive present , by way of r●tribution ; for , god is your reward : but to be a testimonial of my gratitude , and of my willingness , to have done more , if i had been able ; or rather , that it may be a memorial of gods mercy to me vouchsafed by your hands when i was deserted of the world ; which ought never to be by me forgotten : for , i confess , i have thereby lived to produce this , and whatsoever i shall do hereafter in discharge of my duty , and had else , ere this day perished from the earth , for ought i know to the contrary , though in my greatest wants and uncertainty of supplies i was always as far from a despairing distrust , as if i had then possessed a vault filled with hidden treasures , which no man could take from me : and ( though i am yet in no more certainty in respect of external supplies ) god preserves in me the same confidence , and i believe he will always preserve it in me . this , is so great , and so extraordinary a mercy , considering the many terrors , distrusts & necessities , wherewith many thousands of better men are daily exercised & proved , that i conceive my self obliged in conscience , openly to acknowledge it both to glorifie him who vouchsafes it , and to confirm in my self and other men , our christian hopes , by delaring what god hath done for my soul , who have nothing in my self to deserve it , but what is of his gift , and who have much more of my own , which rather deserves the contrary . i am , and i hope shall ever be so far from being ashamed of my preservation by meer charity , that i do esteem it a greater honour & happiness , than to have the most plentiful subsistance which the world can confer upon me by a constant revenue , with an eminent dignitary annexed : for i have seen the best provisions of that kind , not only to fall but to bring their possessors also to be worse than nothing . i had superscribed your names ( or hereto added a catalogue of them : ) but many of you are personally unknown , and , the rest having discovered themselves unto me , for our mutual comfort and conversation only ( without any desire that notice might be taken by other men of what hath been communicated , and passed between them and me ) i do forbear making your names publick , for that and other considerable respects . you are my friends by the surest side : for you were not made mine by my industry , merit , solicitation , or in respect of any carnal relations , but meerly by gods mediation who inclined your hearts to that voluntary compassion , whereof i had fruit in due season , sufficient to preserve me , without sordid want or dejection , in that condition wherein i am likely to be continued to fit me for that service , which i have yet to do ; and i am confident that he who made you my friends , will so keep you ; and make me thankful to him and you , whilst we live in this world . your acceptation i doubt not of , nor of assistance by your prayers to the end of my pilgrim●ge : for , though some of us may circumstantially differ in our iudgements , we are one in him and with him , in his essential truth , and in that love which knits all the saints into one blessed and everlasting communion . i am your humble beadsman , george wither . a triple paradox ; wherein are asserted , these particulars , that ( ty ; imprisonment , is more safe than liberslander , more advantageous than praise ; poverty , more profitable than riches . for an introduction , the author flings this express to the world . a parlie , unto thee disdainful world , i sound ; and have to thee this paper hurl'd . yet , neither for a treaty or compliance , but , rather , still , to bid to thee defiance ; for , what thou wer't , thou art ; and i yet am and will be , whilst i live , to thee the same . thou art become the mistress of the field ; hast me beleaguer'd , summond me to yield my fortress , and thou so proceedest on , as if thou wert assur'd , it should be wonn : but , thereon thou perhaps , mayst yet attend as long as did th' infanta for ostend ; and as she nothing had at last but stones , get nothing but dead flesh , and rotten bones . i see thine insolence , and every day hear what thy favourites are pleas'd to say , how they extol thy power , how they debase my succours , and my helpers would disgrace . i well observe , thou round begirt me hast ; that , having all my outworks quite laid waste , thou , to compleat a conquest , dost begin a fierce assault to ruine all within . that , to prevent the sending of supplies , thou fright'st my friends with slanders and with lies . my accusatrix too , become thou art ; and , justly ( i acknowledge ) in some part , but , not in all : for , chiefly , thy temptations inducements were to those prevarications whereby , my talents were sometime abus'd : though therefore , i seem worthily reduc'd to what i am ; thou undeservedly hast me pursued with malignity ; because the love which i once bore to thee was more , than thou deservedest it should be ; thou most injuriously requited hast that love , which in my youth on thee i plac't ; for , though i never totally was thine , thou had'st ( when least ) more of me then was mine : and , him , of his right , to whom all was due i robbed then , thy service to pursue . but , he , now gives me grace , thy wiles to hate , and to observe them ere it is too late , that what thou by thy falshoods dost intend , shall cross thine own designments in the end . thou , having into many errors run me , thought'st by undoing me , to have undone me , but art deceiv'd : for , that which thou hast done hath brought me to the knowledge of that stone , which turneth dross to gold ; and from offences instructs me to extract those quintessences , which will preserve my freedome in all places , supply all wants ; convert all my disgraces to honours ; and in every estate , with all things needful , me accommodate . the devil by thine aid , hath long time sought how , he his ends upon me might have wrought ; but , neither thou nor he , nor both conjoyn'd , had power to bring to pass what was design'd , untill the flesh , my dalilah , you got to be a third associate in the plot ; and then , both to her damage , and to mine you , such progression made in your design , that by deluding her , you soon prevail'd , in that , whereof you otherwise had fail'd ; so , by her frailty , more than by your power , ( i , being in your clutches at this hour ) am openly exposed ( in some sort ) like sampson for a while , to make you sport ; but , stretched your malignity so far that your own actings , your own works will mar : for , though my dalilah your vassal be , and you by her means have surprized me , your cords and chains will off again be flung , so that , we shall redeemed be ere long from our captivities , and in conclusion your own contrivements will be your confusion . when thou pretendedst kindnesses to me ( and by them , didst intend to ruine me ) thou gav'st me then , one of pandora's boxes , which , i return thee full of paradoxes that shall uncharm thy witchcrafts , and destroy those gins which thou against me dost employ : for , if thou open it , ( as it is sed prometheus opened what shee 's fabuled to have bestow'd on him ) from thence will flow those truths , which will thy falshoods overthrow , and make some who admire them , to contemn those iuglings wherewithall thou foolest them : as likewise all those bugbear-tyrannies , which thy oppressing-instruments devise to fright us from our duties , and adhere to thy allurements , out of love or fear . to batter down my petty single sconce , thy three great'st engines thou hast rais'd at once , and so surrounded me within my fort , that , i have scarce one little sally-port whereby i may have egress to offend my foes , or to give ingress to a friend . thy ragged regiment of poverty , ( and they which by restraint of liberty , ) commanded are ) enclose me so about with double trenches , that , here can to nought for my relief , admittance now be given , except it comes immediately from heaven : moreover , at the four winds , raised high , are four mounts , whereupon thy batteries lie so diligently man'd by major slander ( an old and well experienced commander in such like services ) that , several wayes his great artillery upon me playes . at me perpetually his tongue-shot flies , and his whole culverings charg'd full with lies , send poysoned bullets , which i often hear , making loud cracks , or whizzing by mine ear . but , i , at last , shall rout all this brigade , quite frustrate those attempts which thou hast made and raise again thy seige , or do as well by dying nobly in my citadel , and , that it will to thee ( when batter'd down ) prove like the house by sampson overthrown . then , those things , plainly will to thee appear , which thou at present , wilt not see nor hear ; and i shall be the same to thee and thine , which thou hast lately been to me and mine ; for , then , my ghost , arrayed in white sheets shall haunt thy houses , walk about thy streets , and fright thee day and night with repetition of what is hasting on , for thy perdition , and will descend upon thee at those times wherein thou fill'st the measure of thy crimes . mean while , to comfort others , and prevent the tediousness of my beleagurement , i le draw a map , wherein i le so express the vanity of thy maliciousness , that , they who list shall know how much i slight thy triple-forces , and contemn thy spight ; and i to thee , their weaknesses apart will so declare , that , unless blind thou art thou shalt perceive , i cannot be destroy'd , by those whom thou against me hast employ'd although in one united : for , these three slander , imprisonment and poverty , to fall upon me , all at once began before , thou didst repute me for a man ; and though they charge me all at once agen , grown weaker by old age , than i was then , my helper is the same ; and suffring long hath by his grace , now made my power more strong . i know thy pride this confidence contemns : for , faith and hope , are now thought but the dreams of those men , whom thou dost phanaticks call : but , whatsoev'r thou thinkst , proceed i shall . and , if thou heedst what follows , thou shalt hear how little , either thee , or thine i fear . with that part of thy forces i le begin which , with the first trench hath now shut me in . thou knowst , what outwardly , thou hast bereft ; now , thou shalt know , what is within me left but , never shalt attain to apprehend how far my hidden store-house doth extend . confinement is more advantageous than liberty . restraint , which is an engine , right or wrong , made use of , ( first , or last , short time or long ) by most oppressors , hath been oft my lot ; and , at this present , i escape it not : for , ( though not in the ordinary way it seemeth now inflicted ) i might say , i am imprisoned , and so confin'd that , i am no way free , except in mind . of most enjoyments i am quite depriv'd which from external things may be deriv'd , yet thereby not undone ; for i possess my whole essential freedome neretheless . my toyes are lost , but by their deprivations i furnish'd am with real consolations , which , though they to the world-ward make no shows yield sweeter comforts than the things i lose , and make my hidden freedoms to be more than those the world vouchsafed heretofore : for , to her freedoms , when respect i gave i was then only free to be a slave , whereas , this , doth from nothing me restrain , which , to true liberty , doth appertain . that , which gives most content to flesh and blood i finde to be the basest servitude ; and that we nothing have whereof to boast till what the world calls liberty is lost . what freedom want i , save what being had makes many free-men slaves , and wise men mad ? none , have upon themselves , and others , brought more plagues than they have done , who would be thought the freest men : for freedoms mis-imploy'd have lately all our liberties destroy'd ; and , most , whom we much reverence as our betters are but our fellow-slaves in golden fetters . what liberty had i , whereof to vaunt by those infranchisements i seem to want ? i was at liberty to rowle in dust , to prosecute my fancies and my lust ; and therein joy'd , when i could walk abroad ; but , now , i finde the services of god are perfectst freedom . that , i am debarr'd of nothing , which deserveth my regard ; and , that the liberty i did possess , was not true freedom , but licentiousness ; at which experiment i am arriv'd , by losing that whereof i am depriv'd . this ( though fore-seen it was ) to me befell before i for it was prepared well , and , i confess , at first it made a change within me , and without , that seemed strange : but , not long after , at the second sight , that , which appear'd the wrong-side , prov'd the right ; and i am well contented therewithall : for , i could see gods mercies through the wall ; discern'd , when inwardly , i turn'd mine eyes , much more of heaven , than when i saw the skies . and , that , from very little i was barr'd , which i have reason greatly to regard . what can i see abroad , which hath not been by me before , almost to loathing seen , or , heard not so describ'd , that being shown it will not seem a thing already known ? both changes and rechanges i have view'd ; seen new things old become , old things renew'd ; princes petitioning disdainful grooms great kings dethron'd , & peasants in their rooms ; laws out-law'd , out-laws raised to be judges of laws , lives , goods , and of our priviledges , by law and conscience ; loyaltie made treason , and treason loyaltie ; non-sense for reason allow'd , and reason thought irrational : yea , meteors i have seen rise , and stars fall ; foundations that immoveable appear'd thrown down , and castles in the air uprear'd . i have seen heads and feet exchange their places , wealth make men poor , and honour bring disgraces ; beauties , which ravished beholders eyes wax more deformed than anatomies , or , no more lovely to be lookt upon , than rawridge , mumble-crust , or bloody-bone , but , truth to say , they who most lovely be , now , no more pleasureful appear to me than pictures , nor so much as ugly faces whose hearts are beautifi'd with inward graces , although to beauty very few were more a servant , than i have been heretofore , and if that please not , which i once lik'd best , what pleasure is there to behold the rest ? that , at this present , and all other sights afford so little which my heart delights , that , all the earth , and one poor little room are so equivalent to me become , that i know nothing any other where more to be priz'd than my enjoyments here ; and , that which makes me so indifferent nor melancholy is , nor discontent . confinement , in a house of strength doth dwell , a homely , and sometimes a nasty cell , in furnitures , and in attendance poor , a cerberus lies alwayes at the door fawning a little , when we entring are but ever snarls while we continue there : yet , i so quickly had found out his diet , that , i knew either how to keep him quiet , or order so my self , that when i please , i can lye down and sleep in little-ease ; enlarge within , that which without hath bound , contrive conveniences , where none i found ; and , every whit as much content receive in what i have not , as in what i have . i view not here the pleasures of the fields or what a garden , grove , or meddow yields which were of late my daily recreation , but , i have visions by my contemplation , which hither , during my confinement brings not only sights of more essential things but an assurance of enjoyments too , whereof i doubted more a while ago . i could not be at that solemnization which honoured my soveraigns coronation , nor saw his royal train in their late marches through london , under their triumphant arches ; yet in my solitariness , alone , what they were doing , i did think upon , with what should else be done , that 's not done yet and , which i wish we may not quite forget , nor so long , that there , may at length be lost much real honour , and no little cost ; and which , perhaps , to bring now into mind by this expression , i am thus confin'd ; for providence , did neither me restrain at this time , nor infuse these thoughts in vain . ionick , dorick , and corinthians works , in which , an architectors cunning lurks apart , or inter-wove ( with that apply'd whereby it may be richly beautifi'd ) i can conceive , as if i saw it made , and all which paintings thereunto can add . i know , as well as they who did behold that costly show , what silver , silk and gold , pearls , diamonds , and precious rubies , can contribute to adorn a horse or man. i have seen all materials which were thither , to make up that great triumph , brought together . princes and dukes , and marquesses and earls , plebeians , men and women , boyes and girls , as many thousands as then present were i did as well imagine to be there as if i them had seen ; and can suppose not only what is acted at such shows , but also , more than was at any one since first the roman triumphs were begun , and fancy by my self such glorious things as would quite beggar emperors and kings to represent them . so , by being there i had but seen a meaner show than here my fancy could have made ; and what had i been then , i pray , advantaged thereby ? what had i gained then , by sitting long and paying , to be crowded in a throng ? what great contentment could i have deriv'd from what mechanick artists had contriv'd , compar'd to that which my imagination contriv'd in honour of that coronation ? at which the trophies cost , at most , no more than would have made some needy persons poor ? i seldom took , at any time much pleasure in shows , which ev'ry vulgar eye can measure ; and time and cost require to make them gay , yet in a moment vanish quite away , behinde them leaving nothing that conduces to pious , moral , or to civil uses . what though i did not see the king that day ? i did in my confinement , for him pray as heartily as any person there , and , god , perhaps , assoon the same will hear , although my tongue was not then heard among those acclamations of the vulgar throng , which did salute his ear ; my silent voice wing'd with devotion ( though it made no noise ) ascended heav'n , and may bring blessings down , which will conduce to setling of his crown , if he unfix it not by mis-endeavour , or , valuing of the gift more than the giver . i do presume his duties on that day he did discharge ; and ( wishing others may perform their dues to him ) do not envy the glory of that day's solemnity to him , for whom 't was purpos'd , nor the sight , thereof , to those who took therein delight ; but wish'd , both might be perfectly contented in what was at that present represented ; and hope , nought was to him ascribed then , which rather appertains to god than men : for , when to hereds eloquent orations the people gave blasphemous acclamations , and he that honour to himself apply'd , whereby , god ought to have been glorifi'd , the doom , which that offence did on him bring , made him a lifeless , and a louzie king. of these things my confinement did produce some thoughts , which are perhaps of some good use . i , likewise exercis'd my meditation , that day , on other things which have relation to what was then in act ; and mus'd upon that , which occasion gave of things then done , on some now past , and upon other some which probably will be in time to come . i mus'd upon the changes , and the chances , the publick troubles , and deliverances which i have seen . i seriously did ponder gods , and mens actions joyntly and asunder ; our foolish projects , his wise providences , both in their progress , and their consequences . i thought both on the people and the king , what good or evil possibly might spring from their deportments towards one another now by gods mercy they are brought together . on those too , in particular , i thought whom , god into his power hath lately brought : how great , erewhile , his wants and sufferings were , what , his enjoyments at this present are ; and , on some other matters , not a few , which these , to my consideration drew , and which perhaps , that day had been by none mus'd on , so much , had i not been alone . moreover it occasion'd thoughts of that which to a nobler object doth relate ; even to that kingdom , king , and coronation , that should be thought on with more veneration than all the monarchs in their greatest glory , who now live , or are memoriz'd in story . my contemplation , with as much content , as others had , to me did represent that day wherein christ through ierusalem rode meekly on an ass , whilst after him the people throng'd or laqued by his side , and voluntarily hosanna cry'd , yet afterward pursuing him with scorns cry'd crucifie , and crowned him with thorns ; and this , me thought , was so considerable , that it made all our pomp seem despicable . for , then my muses drew me by degrees , to meditate on what my soul fore-sees concerning them , who , whilst they do pretend christ's kingdom , do pursue another end ; and that , which for his glory was bestown , make use of , for advancement of their own . not seldom , likewise , i then thought upon those many thousand families undone , who sit and weep through want of what that day was wastfully and vainly , thrown away , at such a time , wherein both man and god , proceedings lookt for in another mode , and when , our publick hazards and distress , requir'd another way of thankfulness . upon that solemn day , ( not without wonder ) i saw and heard , the lightning , rain , and thunder wherewith god seem'd to answer and out-vy our guns and fire-works , ( though i was not nigh ) and such-resemblance had the works of art , to nature's , that they could not be apart distinguish'd ; but that , to prevent our error , the last was loudest , and infus'd more terrour . this , i observed well ; and furthermore took special heed , that nigh two moneths before , and likewise ever since , from rainy weather we were not oft free , one whole day together , until that royal triumph was begun , nor till that moment wherein it was done : yet , durst i not be so prophane , to say ( as one hath writ ) it dar'd not rain that day . nor at that time , flaminian like , durst i conjecture by a heathenish augurie what god thereby intended : but , with awe consider'd upon what i heard and saw : and i confess , the lightning , rain , and thunder at this our seed-time , caused me to ponder on that , which sumuel prayed god to send in harvest-time , and what that did portend ; which i conceive to be a meditation not then improper , for my contemplation . and , though some peradventure may suspect that these expressions , may some way reflect on what concerns them , it concerns him more whose cause and honour i prefer before all earthly things ; and can be not afraid , who ere shall be displeas'd with what i 've said ; for , i was barr'd from seeing what is done by men ; that , gods works might be mused on . such things , although we then much mind them not , should not amidst our triumphs be forgot ; and , that , ( which then by me was thought upon ) much more effectually , perhaps , was done in this condition which i now am in , than could in that state , wherein i have been : forgot therefore , by others , if it be it will seem no great wonderment to me ; for , who remember iosephs in their sports , or in the jollities at princes courts ? confinement ( which i once a damage thought ) to me , hath other priviledges brought . it manifests apparently to me who are my kinsmen , who my neighbours be ; and whether he who passeth by me than , be levite , priest , or a samaritan : for , neighbourhood and kindred , he best tryes that 's robbed , wounded , or imprison'd lyes . in liberty , i sometimes doubted whether they , who then came to visit me , were either my friends or foes , for , i found other while they whom i trusted most , did most beguile . but , few or none my visitants now are save they , whose visitations are sincere ; the friends i got , when i did walk abroad i gain'd my self : these , are made mine by god. these were acquired without pains or cost ; not won by merit , nor by small faults lost . the first , were for prosperity decreed , the latter , for my help , in time of need , and sought my body out , unknown before because , they heard it was distrest , and poor ; which hath to me , confinement sweeter made , than all the freedoms which i lately had ; and , me , with that communion of the saints , experimentally , it now acquaints , which , in this life enjoyed is , by all , who , in the life to come , enjoy it shall , a prison , cannot dreadful seem to me , for , there i first was taught my a , b , c , in sufferings : there , when i had scarcely past mine nonage , to be schooled i was place't . and , so long as the providence of god , was pleas'd , that , to instruct me with that rod , i should continue my abiding there , princes , my tutors , and correctors were . a prison , is that house of discipline , wherein the martyrs usually begin to be probationers ; it is the colledge of saints , wherein experimental knowledge is first acquired by a carnal sense of that , which tries their christian patience . prisons , to them , are sanctified temples , wherein , they by their meekness and examples preach to the world by deeds ( a powerful way ) what , many other do but meerly say . and , as our prelates , in each cathedral have several places , which they please to call more or less holy : so , there likewise be imprisonments of differing degree : the outer-ward , an entertainment gives most commonly to murtherers and thieves , or , such like malefactors , who displease the world sometimes , and interrupt her ease , for which they are confin'd , till their just guerdon they shall receive , or bribe her for a pardon ; and whereto she gives all advantages that may in prisons granted be to these . but , all her prisoners are not confin'd to wards , and receptacles of one kind . the inner-wards , which do to me appear the same that chancels unto churches are , are not made use of ( except now and then ) but for most holy and religious men . the deepest dungeons be reserv'd for those who dare our vices , or her lusts oppose ; or , things repugnant to our ends profess , ( when mov'd thereto by conscientiousness ) and , whosoere presumes to plead their cases , as innocents , doth hazard in like places his own restraint ; or else unto suspects , which peradventure may have worse effects . yet , freedom yields to none so much content , as these enjoy , by such imprisonment . for , they with inward comforts are delighted , whilst they with outward darkness are benighted : and sweet refreshments , in amongst them come when they are throng'd up in a nasty room . when , they of their familiars are depriv'd , they are by those , who knew them not , reliev'd ; when they from earthly men , fast lockt have been , celestial angels have sometime broke in ; knockt off their chains ; the gates and doors unbar'd the prison shook ; the sturdy iaylor scarr'd and made him ( falling down before them too ) cry , men and brethren , say , what shall we do ? a prison is the best retiring room that can be got ; the best museolum for him , wherein to contemplate , that would those objects without fallacy behold , which most concern him ; or would notions have of what he ought to do , hope or believe ; for , most of those things , which abroad he spies , either delude his ears , or blind his eyes , pervert his iudgement , or withdraw his mind from that , wherein his welfare he might find . a prison is a place ; which he that can make use of , as becomes a prudent man , findes there , more lasting , and more perfect solace than in the greatest earthly princes pallace , and , when he knows what priviledges are in this condition , will scorn all that 's there . in prison , quickly , understand he shall the worst that can to him , at last , befall . there , he may notice take , how most men pother themselves ; what plagues they are unto each other . how , causelesly men terrified are by those , to whom they dreadful would appear ; and , peradventure , if they patient be that , they pursued by their foes will see , by which their self-destruction shall be wrought , and those freed , whom , they into bondage brought . there , they may learn , that to make black or white , one hair , or add one straws-breadth to their height care nought avails ; and in that poor estate to laugh at all the worlds despight and hate : for , over them , no power then left she hath , except of prosecuting them to death , which them ten thousand fold will happier make than all , that she can either give or take . these are such benefits as i enjoy , by what , now seems my freedom to destroy . in prison , too , this priviledge i have , that , living , i descend into my grave , and by my contemplation can fore-see what my condition in that place will be . i search it to the bottom , by that spark of light , which shineth brightest in the dark . the terrours of that dungeon i fore-stall , i , ( as it were ) pre-act my funeral , and in a manner also , see and hear what will be said and done , when i am there ; which are advantages not to be known , whilst in the world i flutter up and down . in prison also , when least room i have , and close am kept , i , far beyond the grave do prospects view ; and can see pretty well what may concern men , both in heaven and hell ; whereof , if here i should my knowledge speak them , for phanatick dreams , the world would take ; and not believe the things i could declare , because , she knows that i was never there ; and , therefore , i le proceed again to show what , my experiments are here below . restraint , from me , hath totally shut out that frivelous , and that offensive rout , which interrupts my musings with discourse that 's either wholly vain , or somewhat worse : for , to nought else , it for the most part tends but fruitless complements , or graceless ends ; and , what among us , is at meetings blown , wrongs other mens affairs , or else our own , whereas , our words whilst here we are together , tend to the edifying of each other , in faith or manners ; or else , to improve that hope , that meekness , constancy and love which may enable , patiently to bear those burthens , wherewith we oppressed are : and , when our bodies are asunder gone , we never leave each other quite alone ; for , we ( ev'n when corporeally apart ) are present , both in spirit and in heart . though this fraternity did often minde me , till my imprisonment they could not finde me , nor did i know their persons . thou , therefore oh foolish world , to my content add'st more by my restraint , than if to me were given all carnal freedoms on this side of heaven ; and , if this be the great'st harms thou canst do , prethee , let every spight thou dost be two . but , all the comforts which best friends afford , ( as they are men ) may prove like ionah's gourd , for , as next morning , that , did wither quite which god did cause to spring up in one night , so , when the sun burns , or a sharp wind blows , this may as quickly fade , as it arose : for , death or injuries , do every day take those mens lives , or , their estates away who are most charitable , and , of bread they may have need , by whom i have been fed , for , unto all men underneath the sun that may betide which doth befall to one . not therefore , upon those things which god sends , but , on himself alone , my soul depends : here , all my confidence , vain world , is place't , or else i might be ruined at last ; and all my present hopes , as vain would be , as if i had repos'd my trust in thee . by this restriction , not a few temptations will be repelled ; many deviations of mine prevented ; duties better done ; things which have been forgot , more thought upon ; it peradventure may prepare me too , for what i 'm yet to suffer and to do , much better than that freedom did , or could , which , by the common tenure i did hold : and who knows , but some corporal mis-hap i may or did by this restraint escape , which might have else befell me when together the people throng'd and trod upon each other . which , though no more but shunning so much harm , as breaking of a neck , a legg , or arm , were considerable , and ten to one such mis-adventures daily fall upon some persons unconfin'd , when they least dread them , because , where dangers are , they little heed them . scap'd i no more here , than that slavish load of complementings , wherewithall abroad men tire themselves , and others ; that , alone sufficient were , if well consider'd on , to make amends for all the sufferings which my confinement now upon me brings . for , as to pay this life , i am a debter to nature , and then hope to have a better , my wants , restraints , and poverty do less afflict my body , by all that distress now laid upon it , than my soul hath been to hear and see , what i have heard and seen , whilest i had liberty abroad to go , and hear and see , what many say and do : with what dissembling complements , caresses , affected speeches , flattering addresses , and false pretendings , men of ev'ry sort do cheat , fool , claw , and one another court , as if they did realities intend when , in meer nullities , at last they end . how , letters , promises , vows , declarations , orders , oaths , covenants , and protestations annihilated are , and turn to smoak or stinks , which rather poison us , and choak than truly nourish ; and how they go on in acting still , such things as they have done who are destroyed ; and yet , nere the less , dream they pursue the waies of happiness . i am , as well pleas'd , with my sad condition , as others , with what they have in fruition , and , if desire a longer life i could , for nothing else the same desire i should , except it were that i might live to see what god will do , and what their end will be . frequent i cannot , with conveniency ( as lately , when i had my liberty , i might have done ) the publick congregation ; but , i , upon god's word , by meditation , ( to exercise my self ) may set apart the time they dedicate ; and both my heart and my best faculties , employ that day , in preaching somewhat to the world my way which will advance god's glory , and improve my brethren in good life , hope , faith , and love : or , that prepare , which thereunto may tend , when daies and times , with me will have an end : and , god ( i know ) confines not saving graces to ordinary means , forms , times , or places , nor is displeased when his services endeavour'd are , without contentiousness , as we are able , and with upright heart , though of our duties we may fail in part . some other notions , which in this estate are apprehended , i might now relate , which further may illustrate those mis-haps that man by an imprisonment escapes but , they are trifles to what i possess , in my constrained solitariness . for , though it be not what i might have chose ( had i been left unto mine own dispose ) it proves much better : and for that respect what i most naturally do affect i dare not absolutely to request , ( much less make choice of ) but to him that best knows what 's best for me , wholly have resign'd both mine own self , and things of ev'ry kind . 't is he , who hath assign'd this lot , and all what ere it be , which thereby doth befall ; and , this restraint , not only makes him dearer to me , but also , to him , draws me nearer , so that the more my troubles do increase , the nearer unto him is my access . he , fortifies my confidence in him , and heartens me , the world thus to contemn , as boldly as if doubtless cause there were for her to fear me , more than i fear her . i have my fears , but they are nothing else save what perdues and scouts , and centinels are to an army : they do not dis-heart a valiant souldier ; though they make him start at first alarm ; but cause him to prepare for those assaults , which nigh approaching are . when i am judged , in an undone-case , because , confin'd , in wants , and in distress ; when all my outward comforters are gone , and , i lie musing on my bed alone of what i knew before , or heard that day ; of what my friends fear , and my foes do say ; what men they are , who seem with me offended , what is already done , and what intended ; sometimes a little shuddring doth begin , as if a panick-fear were breaking in , which he marks , ere to me it doth appear forthwith , steps down betwixt me and that fear supplies defects , expelleth doubts and sadness , replenisheth my heart with sober gladness , about me sets his angels , watch to keep , and ( as to his beloved ) gives me sleep . these things considered , prisons and restraints ( which have been long , the portion of the saints ) are not alone things little to be fear'd , but also many times to be preferr'd before those liberties , and all those things that can be found in palaces of kings ; what ere their flatterers are pleas'd to say , by fruitless hopes , to drive their fears away . for , more are there endanger'd , more destroy'd : there , many times , is less content enjoy'd , less outward safety , and a great deal less of what conduceth to true happiness , than in a prison : and who ere well heeds what , there is done , and what thereon succeeds will finde cause , their condition to bewail sometimes , much more , than his that 's in a gaol . for , errors flowing from prosperity indanger more , because unseen they lie . men may by their afflictions be prepar'd for whatsoere can follow afterward , and are oft fitted by a lingring grief , for future happiness in death or life : but , while corrupted by excessive treasures , befool'd with honours , and bewitch'd with pleasures , the cause of self-destruction still they nourish ; they grow as brutish as the beasts that perish ; and , daily so besotted , by degrees that , sense of their humanity they leese ; so long dream , they are god's ( or somewhat greater , till they are devils , or but little better ; and suddenly , when they think all goes well , sink from supposed happiness to hell . most men , ( yea very many of the best ) their talents , till they palm-like down are prest , improve not ; nor their duties truly do , till by afflictions they are whipt thereto . a prison , was long time the school , wherein chast ioseph those progressions did begin , which , him forth from obscurity did bring to be the second person to a king. ionas was not obedient to god's call till he , both by a storm , and by a whale , was disciplin'd : and , if i had a thought my duties were performed as they ought in any thing , affirmed it should be that , thereto my afflictions fitted me : for , such like simples , as i am , require to make them yield forth oyl , the press , or fire , my flinty-nature gives not out one spark to light my self , or others in the dark , till knockt with steel . this knowledge i have gain'd of mine own temper , and it is unfain'd . to be imprison'd , slander'd , or made poor , shall therefore , henceforth , frighten me no more , nor make me , whilst i live asham'd of either of those three lots , nor of them altogether . priests , prophets , kings and saints , yea ( whilst abode he made on earth ) the glorious son of god was pleased to submit to all of them ( but to the latter two in an extream ) and , with such company , i le undergo my share , and think , i 'm thereby honour'd too . to this effect , much more might here be said , but , this will be sufficient , if well weigh'd , which , i suspect ; for , very few men heed , or mind , long , what they hear , or what they read . slander is more beneficiall than praise . who , can express the pain of being stung with such a fiery serpent as the tongue ? or , what can cure it , but his being ey'd , whom , once , the brazen serpent typifi'd ? 't is far more sharp than arrows , darts or spears ; down to the heart , it pierces through the ears ; not only wounds , but frighteth also more than murthring canons , when they loudest roar ; afflicteth us , whilst here we draw our breath , and , gangreeve-like , so spreadeth after death ( ev'n to posterity upon our names ) that it destroys the life of honest fames . this sury slander , hath been quarter'd long , in rotten-row , and hart-street , at the tongue ; her magazeens and forges are all there , the shop at which she vents them , is the ear , in ev'ry town and city ; and no places or persons , her aspersions and disgraces can long avoid : for , ev'ry where she scatters that shot wherewith the forts of fame she batters . so venemous it is , that every touch proves mortal , or indangers very much , and nothing shooteth more impoysoned pellets , except it be the flatteries of prelates . i must confess , that many years ago i therewith have been often wounded so that , very well , content i could have been to lye down , where i might no more be seen ; and , my stupidity is not , yet , such as not to feel indignities as much as any man : but , i have learned how to change my sicknesses to physick , now : and when the world intendeth me a shame by retroversion to convert the same to that , which from be spattrings purifies , and makes me both her blame and praise despise , no more displeas'd , or pleased therewithall than if a whibling cur , should fawn or bawl . for , unto those oppressions , heretofore and now lay'd on me , whatsoever more the world shall add ; though they a while oppress , will , shortly , make them , not alone much less but , also none at all ; and wheel about upon her self , as soon as my turn's out . praise , is a pleasing thing , to flesh and blood , yet , often doth it much more harm than good ; puffs up with pride , ore-weening and vain glory , or , with affection to things transitory beyond a safe mean ; and makes men suppose themselves to be , what ev'ry neighbour knows they are not ; yea , what they themselves do see they neither are , nor possibly can be . whereas , to be without a cause despis'd , disprais'd , reproach'd , scoft , jeer'd and scandaliz'd , an undue self-opinion doth remove true meekness and humility improve ; brings constancy and patience to their tryal , and , at the last , to such a self-denial , as in the close will more contentment give us than all , whereof a slander can deprive us . the flatteries of his lords , made joash stumble , reviling speeches , made king david humble , good men , by praises , oft , are evil made , but , by reproaches harm they never had . the world , which best is pleas'd with her own baubles for that false titulary honor scrabbles , which is compos'd of aiery attributes , or , which opinion only constitutes : and , all her happiness , dependant seems on vulgar approbations and esteems , which are , indeed , her portion : but , to those , who can look both beyond , and through the shows , that such toies make , nought therein doth appear to merit their desire , love , hate or fear : and , therefore , they respect them , ( come , or go ) as reason them obliges thereunto , or , as things , which ( if grace divine be granted ) them , indifferently , may be possest or wanted ; make such use as they serve to , whilst they have and yield them , when resum'd , to those who gave them . for , had external honours in this place , been truly more essential than disgrace , to happiness eternal ; christ had waved the scandals of the cross ; we had been saved and sanctifi'd should be without those troubles , scorns and reproaches , which the world now doubles and may redouble : yea , in vain had he a promise made , that they should blessed be who in his sufferings do with him partake , and are reproach'd and slander'd for his sake . these things consider'd , i am at full rest ; slanders infringe not my chief interest . good or ill words will me no more concern when i am dead , than when i was unborn . and , whilst i live , ( as is inferr'd before ) they harm a little , and they profit more . if scandals neither mend nor mar my health , increase not troubles , nor decrease my wealth , save in opinion onely ; all those lostes are cur'd , if my vote , that opinion crosses . and ( prare who list ) i will as merry bee as is a pye upon a cherry-tree . praise , or dispraises , if so be my heart assures , that neither of them by desert to mee belongs , my own phanatick brain is cause of all , where of i do complain , or take delight in : praise , blame , bless , or curse , i am no whit the better , or the worse ; and , all men are as much concern'd as i in what 's then spoken be it truth , or lye. if of a hundred crimes i guilty were , all which , as evidently did appear , as in a cloudless day , the sun at noon ; the world , but as the spots within the moon , would look upon them , if , for my defence i have a face well braz'd with impudence ; an oily tongue , a crocodiles moist eye , can finde great friends , bribe , flatter , fawn and lye , ore-awe my neighbours , or , my self express a friend to them , in their licentiousnesse . but , were i , both in words and deeds , as free from just reproof , as mortal man may be , had i , but one great neighbour , who envies all men suppos'd more honest , or more wise , than hee is thought ; therewith a neighbourhood , which takes delight in nothing that is good ; abhorring all , as their injurious foes , who , them , in their unrighteous waies oppose ; or , if i be constrained to have dealing , with such , by some relation , or nigh dwelling , who think , there 's nothing rational or just , but , what tends to their profit , or their lust ; it is impossible to scape the wrongs of wicked hands , or of malicious tongues : and , therefore , he , with whom it thus doth fare must study patience , how his lot to bear ; and in this case , can look for no defence but from gods justice , and his innocence , which is sufficient unto them that know what consolations from those fountains flow . what , is there to be fear'd in slandrous tales , whether , they shall be either true or false ? a false report more mischieves those who spread it , than harmeth me . if it impairs my credit , i may recover it again ere long , and also peradventure , by that wrong improve some vertue , or abate some pride , within my self till that time , unespy'd . although hard words , give harder knocks than stones , and crack our credits , yet , they break no bones ; and , if unjustly thrown , by spightful fingers , they prove most mischievous unto their flingers . one fault which conscience findes , afflicts me more than twenty slanders , yea than twenty score : so long as that lyes quietly in me , i shall not care who my accusers be ; and , when that shall accuse me ( as sometime it doth ) i sue out an appeal to him who straight acquits me ; else i must confess i should as much fear mine own righteousness as all my sins ; for , i esteem them both alike impure , and as a menstruous cloath . if i am justly blam'd for things misdone , or , for faults wherein i am going on , it doth by bringing on me shame of face , repentance bring , and to that , state of grace from which i falling was ; and stay the course which might have drawn me on from bad to worse , until , that by habituated sin , endless impenitency had broke in : much more , therefore , to these i am a debter who speak ill , than to those men who speak better than i deserve : and , though that in their ends they differ , they may be as useful friends who speak of me opprobriously , sometimes , as they , who praise me , or excuse my crimes . for , i have long observ'd that all relations , nigh or far off ( what ever obligations have nearly joyned them , or whatsoere their quarrels , bonds , or disobligements are ) be ( for the most part ) either friends or foes , but , as a prosp'rous , or a cross wind blows ; or , as their inter'st or expectancy may be secur'd , or doth at hazzard lye . the love or hatred , which i finde in them , differs but in the measure , or the time , or , in th' occasions , which have them inclin'd , to friendliness , or else to be unkinde . they frown or smile they praise , or they disgrace , destroy and save , and stab , or else imbrace , even as the fit which comes upon them , takes them , and either pleased , or displeased makes them . such will their words and deeds be then to thee , what ere thou art to them , or they to thee . as bitter language , i have heard 'twixt those that were dear lovers , as 'twixt greatest foes , yea , and more bitter too , in some respects considering their causes and effects . a foes revilings very sharp appear , but , when our friends exasperated are with , or without cause given of offence , there is between them greater difference ( or at the least , but very little less ) than tasted is between the bitterness of unpeel'd wallnut-kernels , and strong gall , vvhen with our tongues distinguish them we shall . moreover , i have sometimes also seen that , they , who have unto each other been most mischievous , so reconcil'd together ( though little vertue hath appear'd in either ) so kind in words and deeds , for outward ends , and , so ingaged mutually as friends in their concernments , as if they had never at variance been ; but , hearty friends for ever . vvhich , when i mind , i neither pleasure have in praises , nor do slanders me bereave of much content , from whom soe're they come , so long as i finde innocence at home ; nor , in my own respect at any time , so griev'd am i , as otherwhile for them vvho have mis-censur'd me ; because i know from what distempers usually they flow ; and that the sob'rest and the wisest men have some deliriums on them now and then . exception is not alwayes to be took by what shall by a friend or foe be spoke : for , men in passion , whether they appear . pleas'd or displeas'd , speak few things as they are , nor alwayes as they think , but , rather say that , which the passion bearing then chief sway transports them to ; although a wound it give to their own souls , which pains them whilst they live . but , friends and foes , both good and ill report , and , all terrestrial things of every sort , vvill shortly have an end ( with me at least . ) the worst , as well as that whereof the best esteem i had , will into nothing fly : my slanders , and my slanderers will dye . at present , therefore them no more i dread than if i saw they were already dead ; and , that which dead or living , shall to me befall , will equally forgotten be . by living , i , their scandals may out-live , and good proofs of my innocency give . vvhen i am dead , what ever men shall please to speak or do , it cannot me disease : and , they who after death do men defame , or shall expose their bodies unto shame , bring that dishonour which they did intend to others , on themselves , at latter end : yea , make some question , and suspect their merits ; repute them persons of ignoble spirits ; and , what they hoped should confirm their peace , their terrours and their dangers will increase . slanders ( though poyson in themselves ) have been to me a precious antidote for sin , preventing , not a few times more than one , that , wherein else perhaps i had mis-done , ( and i , thereby , effects like his have found who had a sickness cured by a wound ) whereas , contrariwise , a vain applause of sins or follies , are a frequent cause . i well remember , that , when i was young ( and in both kinds an object of the tongue , as now i am ) i reaped , many wayes , by slanders , much more profit than by praise . for , praises made me sometimes over-ween , and ( as if no defects in me had been ) neglect the means , that , supplements might add to what , i more in show , than substance had . it , likewise , me to envy did expose , from which great disadvantages arose , and scandals , without cause : but grace divine cross'd thereby , what the devil did design : for , defamation , so soon was begun , that , what it charg'd me with , was never done . that , sin prevented was , and many more by sending of the scandal forth before the crime was acted ; so , into a blessing a curse was turn'd , which merits this confessing ; and also , me obliges , all my dayes , on all occasions , to give god the praise ; for , if , perhaps it had over-flowed then , the stream had never kept his bounds again . the scoffs and jeers , cast on me by the rimes of some reputed poets in these times have been my great advantage : for , th' esteem which in my youthful dayes i had of them had else perhaps , from my simplicity drawn me , by their familiarity to those affected vanities with which they have infected fools , and claw'd their itch . were i but as ambitious of that name a poet , as they are , and think i am , it might a little vex me , when i hear how often , in their pamphlets me they jear , because , truth seasonably i convey to such as need it , in a homely way , best pleasing unto those who do not care to crack hard shells in which no kernels are ; or for strong lines , in which is little found , save an affected phrase , and empty sound . but , i do read them with a smiling pitty to finde them to be wicked , who are witty . at their detractions , i do not repine ; their poems i esteem as they do mine : their censures , i with sleighting overpass , who , like words without sense , wit without grace ; and , better am contented , without cause to hear their mis-reports , than their applause . as also , that , they should by pantaloons admired be , and honour'd by buffoons . yea , as iob said , should they a book compile against me ( as they may , and did erewhile ) i would receive it , on my shoulders bear it , and as a crown , upon my head would wear it . my fearleness of slanders doth not flow from ignorance , which hinders me to know how , i am scandaliz'd : for it appears in print and i have heard it through both ears . i daily hear what ignominious lyes detraction , to defame me doth devise . i know , whence they proceed ; whereto they tend , in what likewise they possibly may end : and it would stagger and affright me too , unless i knew the worst , all this could do for , they , who idolize the prelacy impute to me no less than blasphemy , and sacriledge : and , i may well expect that , when their hopes have taken full effect , though they with me at present , do but dandle , they then will curse me with bell , book and candle . how ever , for their persons i will pray : for , malice hath not mov'd me to gain-say their prelacy ; nor hope to get again what they usurp , and doth to me pertain : but , meerly conscientiousness of that which in my place i vow'd to vindicate . some , call me traytor too ; but well i wot , they do not so beleeve , or know me not . i never did betray my trust to any , though i my self have been betray'd by many . with traytors i have numbred beenf or one , and serv'd their ends , yet i my self was none : for , if like absolone they did pretend to sacrifice , and had another end , i went on in simplicity of heart , and did not from my principles depart . if they intended , or committed treason , i wronged not my conscience , or my reason . by ought mis-done , except it were , perchance , through over-sight , or else through ignorance ; for which , the plagues now epidemical , to me , as unto other men befall . i never was in any factious plot , nor likely seems it , by what i have got , that , with them in their actings , i was one vvho , thriv'd by those designs they carried on , though being subject to the present law , i now do suffer , like jack fletchers daw. but , howsoere , i seem to merit blame none , to the king , are truer than i am . yet , if in fame , we credit may repose , i am designed to be one of those , vvho shall not be vouchsaf'd that common grace , vvhich at his coronation granted was . god's will be done : perhaps , the king well knows i need not , what on others he bestows ; or , to me , singly , will his favour show , that i his magnanimity may know ; and , that he will more gracious be to those vvho , him did not maliciously oppose , than they , whom i did serve , were to their friends , because they did not serve them , to their ends . but , if report hath not divulg'd a lye , vvhat , can i lose , or others get thereby ? my whole estate , already is bereft , and , what will there be found , where's nothing left ? my life , you 'l say ; alas ! that 's little worth , it hath been wasting , ever since my birth ; and ( when it was at best ) too poor a thing , to satisfie the vengeance of a king. it will to most men seem ridiculous , to hear a lion rampant , kill'd a mouse , or , see an eagle stoop down from on high , to trusse a titmouse , or a butterfly . the dread of such a loss will not come neer me , for , age will shortly kill me , though he spare me ; and , when there 's no conveniency of living , life , neither is worth asking or the giving . but god's intentions , and the hearts of kings , are such inscrutable and hidden things , that , none can search their bottomes ; then much less can they be fathom'd by maliciousness . their wayes of working their own pleasures out , are , many times , by wheeling round about , by cross and counter-actings , and by those which seem'd their own designments to oppose . the faithfull'st men , they do expose oft-times to hazzards ; or wirh such as are for crimes condemn'd , they number them ; or , prove them by desertions , dis-respects , and poverty ; and , frequently , do fit them for those places wherein they best may serve them , by disgraces ; but principally , at those times , wherein , hypocrisie , becomes the reigning-sin . more things i might insert , which have relations in this kinde , to my own prevarications , and , to th' improvements , which have oft ensu'd by scandals , which i then would have eschew'd . but , my experiments will work on none , vvho cannot by their own , be wrought upon . consider therefore all ye unto whom this writing , by god's providence doth come , vvhat , in your selves and others , you have heeded , vvhich hath from slanders , and from praise proceeded ; and , you shall finde more by the last undone than by the former , at least , ten to one . according to our proverb , the bell clinketh just so , as in his fancy , the fool thinketh and , they who flattring praises love to hear , immediately , such to themselves appear , as represented by their parasite , though no more like than black-swans are to white . such panegyricks i have sometime seen that , hard to be resolved , it had been , by him , whose judgement you therein should crave , whether , the panegyrist were more knave than he was fool , for whom , the same was made : but , of their equal impudence i had no doubt at all , when wistly i had heeded what one gave , tother took , and what succeeded . for , i have oftentimes observ'd , thereby , good men deprav'd ; great men , to tyranny incouraged ; that , which is due to men by natures law , at first , they seize and then those attributes , at last , intrude upon that ought to be ascrib'd to god alone . which evidences , that , immodest praise is worse than slander , and a ground-work layes , whereon a superstructure may be built , to sink the builders , down to shame and guilt . slanders , and persecutions of the tongue a portion likewise is , which doth belong unto the saints ; and sanctifi'd they are by him , with whom , an individual share each must expect ; we , do but only sup at brim , he drunk the bottome of the cup : we altogether merited the blame , he underwent the sorrow and the shame . false witnesses against him were suborn'd ; his glory was to his dishonour turn'd ; his nearest friends forsook him , and forswore him , his foes preferr'd a murtherer before him ; his innocency not alone reproaching , but , likewise most injuriously incroaching : upon his righteous person , him pursu'd till by a shameful death , he death subdu'd , and breaking from the grave , to heav'n ascended , by angels to immortal life attended ; where , now inthron'd , he thrones prepared hath for all , who follow him in that rough path ; and every slander , scorn , reproach and shame , he suffr'd here , adds glory to his name . this is the way , and hath been ever since , through which all men must pass , who go from hence to that eternity , where shall be worn the robes of honour , when the rags of scorn shall off be thrown . on him i fix mine eyes , and , that , will me enable to despise terrestrial shame and honour : that , makes all my troubles , when at greatest , seem but small . that , makes me , whilst my body is confin'd , take pleasure , in the freedomes of the minde ; not dreading present , or ensuing wrongs , of wicked hands , or of malicious tongues . this paradox , it helps me to maintain , that , where the grace of god is not in vain , more profit , bitterest reproach affords , than all the worlds applauses , and fair words . poverty is more profitable than riches . another black-guard hath beleagur'd me , that , seems to be the worst of all the three for , therewith , whosoever hath to do , still is in danger of these other two , imprisonment and slander , who attend on poverty unto her latter end . yet , whatsoever in her self she seem , she merits not a total dis-esteem : for , 't is an instrument of good and evil , oft-times imploy'd against us by the devil , and , oft by god himself , to such effects as may prevent the mischief he projects , by tempting to those manifold abuses which riches being mis-employ'd produces . there are two sorts of poverty , that spring from diffring roots ; effects they likewise bring both diffring and alike : for , providence maugre all humane wit and diligence , makes many poor , and all their industries rendreth successeless by contingencies , vvhich no man can fore-see , or wholly shun vvho shall be thereby outwardly undone . this poverty , afflicts , at first , as much as any , but , disparages not such as bear it well ; and though it grieveth many , ( except by their own fault ) destroyes not any . the other sort , is sordid , vile , and base , yet , draws her pedigree , from such a race , as doth in country , city , and in court still bear an extraordinary port : for , by the fathers , or the mothers side , it sprung from prodigality or pride , or , from improvidence or idleness , and , is indeed , near kin to all excess , though her alliance , these , now scorn and wave , because , that she is ragged , and they brave . she , at this present time , both against me and others is employ'd : but , though she be made use of by the world ; yet , i well know the world it self abhors her as a foe , and , with a slavish dreadfulness doth fear her , on whatsoere occasion , shee comes near her . yea , till this bug-bear , was more known to mee , i , dreaded her almost as much as shee , and , did the best i could , to keep her from that nearness whereunto she now is come . for , he that would disgrace , and bring us to that state , which questionless might us undo , let him but justly say that wee are poor , and , to destroy us , hee need say no more . vvhereas disgrac'd thereby we shall be much if , we continue to be very rich , of whatsoever crime or crimes , we stand convicted by the known laws , of this land. for , vvealth cannot alone our pardons buy and blot out every former infamy ; but , in a short time also , make us capable of trusts or places that be honourable ; yea though they be those places which dispence to all the people , law and conscience ; and marry ladies ( neither nor poor , nor painted ) as if our bloods had with no crimes been tainted . but , to be poor , implieth every whit , as if we had nor honesty , nor wit , and , every thing , which since our lives begun , vvee honestly , nor prudently have done , shall so traduced be as if that nought had e're by us , been well done , spoke , or thought . there , where we have been kindly entertain'd , a civil usage , hardly shall be daign'd . there , where we have been honour'd in times past , neighbours and kinsmen will their doors make fast ; our old familiars will our persons shun , like rats , our servants from the house will run , which , then , will be a place of desolation , and few thenceforth approach our habitation , but , serjeants , shreeves , or bayliffs ( beasts of prey ) that little , which is left , to fetch a way : and , when there doth remain nor sticks nor stones , dead or alive , they 'l take our flesh and bones . if all i should expresse , that might be said in this kind , you would think mee still afraid of poverty ; and , that which i should speak , in some , perhaps , would such impressions make that , they with difficulty would beleeve what benefits i now thereby receive : forbearing therefore , that which i might add i 'le tell what profits may thereby be had ; that , others ( who can think i do not lye ) may be no more afraid thereof than i : that , also , they who thereby grieved are , may in my consolations have a share , to bear those burchens without discontent , which are now on them , or seem imminent : for , little i will mention which was brought by reading , or by hearsay to my thought ; but , that philosophy , which reason teaches , ( experience hath confirm'd , and god's grace unto my heart ; that , it may sympathize with their hearts , who the same shall not despise : preaches which , though exprest in language rude and plain , will , peradventure , to good use remain , when they , who of their elegancies boast , are , with their kickshaws , in oblivion lost . when most are also , quite forgot , whom they now dream , shall by their poems , live for aye ; and , when , that , which they despicable deem , vvith wise and honest men , shall finde esteem . in my restraint , i therefore , do not whine ; at my reproaches , i do not repine , nor murmure at my losses ; nor want sense of that is in them , which may give offence . my seeming-friends , i must confess , are fewer , but , they whom now god gives mee are much truer ; for , these that now i have , i finde more willing to give a pound , than those to pay a shilling . yet , some of these are so poor , that , i 'm fain them , from their free donations to restrain , because , that of my sufferings they are grown more sensible , than they are of their own . and this , an evidence of that doth give , vvhich pleaseth better than what i receive ; since it demonstrates , god , hath in this nation a people , capable of his compassion . i am not ignorant how much disgrace is thrown on poverty , nor in what base account they are , who , thereby are constrain'd meerly , by charity , to bee maintain'd : yet nought ashamed am of that estate vvhich most so scorn , and so abominate . for without loss of honour , men of merit , this portion very many times inherit . great consuls , and renowned generals ( in such an exigent as oft befalls to very many thousands in this nation ) have had relief without dis-reputation by common charity : and , antient story hath kept memorials of it to their glory . but , i refer that which i might express ( to take this blur off ) to another place . to have subsistance by meer charity is , to subsist by god , immediately , and , they are wicked , or , vain fools , at least , by whom those exhibitions are disgrac't . for , very many of god's favourites have been oft , thereby , from the worlds despights preserv'd : yea , to the world , it would appear if shee would heed it , that , her minions are expos'd to such a lot , and ( without shame ) have been by alms preserved as i am : and , not in those necessities alone , vvhich by mis-accidents are undergone , are they reliev'd ; but , very many be thereby likewise upheld , in that degree , vvhich much is honour'd ; yea , ev'n to excesse , in outward splendor , and vain pompousnesse . for , this way , not alone are monks and friers maintained , with their abbots and their priors , but , even the great prelates , all their lives , by charities abused donatives ; and , yet as loftily advance their crest as if they had been barons born , at least , precedency usurping above those , by whom , they from obscurity arose . by most men , poverty is thought so base , that , they repute it for the great'st disgrace vvhich can betide them , by what way soever it comes ; or howsoere they shall indeavour to keep it off ; and think it not their least dishonour , when enforced to subsist by charity , although it shall be used vvith thankfulness , and in no wise abused . and , many seek to turn it to my shame that i now brought to this condition am . yet , what 's to mee befallen worse or more than to good , wise , and great men heretofore ? renowned princes in preceding ages , have sought , and had supplies and patronages . from forein kings and states , in their distresses vvithout reproach : yea , he that now possesses these three great kingdomes was by indigence constrained ( not a very long time since ) by charity , to be both cloath'd and fed ; to slake his hunger with a poor mans bread , and , to accept it , not alone from those who were his friends , but also from his soes , ( whose gifts were baits , whose table was a snare , and , of whom , if hee do not well beware , more mischief , and , dishonour will be done him than by the poverty then brought upon him . ) some other persons also , of great birth , from place to place have wandr'd through the earth maintain'd by the charity alone , sometime by many , and sometimes by one ; and other while , have seem'd so left by all , that they into great poverty did fall . yet n'eretheless , whilst they have preservation retain still in the world some reputation . they are meer fools , or worse , who do beleeve that , more disgrace , than these i can receive from such an in-come : for ( by what i gather from thence ) it is a real honour rather , that , god supplieth ( as it were ) from heaven , when earthly wealth and honours are bereaven . when israel had been captiv'd sev'nty year , hee made , even those , by whom inslav'd they were them , from their tedious thraldome to redeem , vvhen there was none to help or pity them . it was their honour , that their preservation should be vouchsafed , so to admiration , that nations all , might in all times to come , by heeding it , consider well , from whom they must in such like cases aid expect ; and , that , though by a long delay'd effect they seem forgot , and outward hopes quite past , there will bee a deliverer at last , by whom , those wants for which they have been scorn'd shall , to their honour , certainly be turn'd . what is it more to my dis-reputation that god provideth for my preservation by charity , than 't is disgrace to those who their estates by fire or water lose and , thereupon the state vouchsafes a breef , whereby to ask , and to receive releef ? nay , what supply can be so honourable as that , which from hearts , by hands charitable is raised and conferr'd , ( unaskt , unsought ) by them , of whom i never heard , or thought ? this way ( which without shame i do confess ) god hath vouchsaf'd releef in my distress , to mee , as hee to men in like estate , hath done in former times , and now of late . e're while at piedmont in their persecutions our brethren hee reliev'd by contributions ; and , should i think it my disgrace can be that , hee doth for my family and mee provide , as for a nation ? i beleeve it blame deserv'd , if so i should conceive . though i had ask'd ; what without asking came , none could impute it justly to my blame all things consider'd : for , a publick score , demonstrates , that this nation owes mee more than food and rayment ; and that , in the fine my want , will more be their disgrace than mine . my beggarly condition , is a portion more noble , than wealth gotten by extortion , bribes , projects , and those cheats whereby some bee advanced to great wealth , and high degree , thought honourable : yea benevolences , and forced loans , which otherwhile by princes exacted be , much more disgraceful are than what my benefactors do confer ; for , at my need , it giveth mee releef , and , to the givers , is no wrong or grief . i hear that is disgracefully objected vvhich by my poverty is now effected : my house , they say , is desolate become , and , i confin'd am to a single room ; my wife is of her dowry quite despoil'd ; i cannot give the portion of a childe to son or daughter , which a while ago i offred , and was able to bestow : and , that , where lately we had good respect scoffs , flouts and jeers , are added to neglect ; and , though these hardships possibly i may vvith patience bear , yet , certainly , say they , these his relations cannot : yes , they can and have done , ever since the storm began : for , we fore-saw it , and we did prepare a stock of patience , those events to bear . my spouse is christ's spouse , by a law divine , more his , than she by humane law is mine . our children ( though the world usurps a power o're them ) are likewise , much more his than our ; and , of her scorn , though she an object makes them he neither helpless leaves them , or forsakes them . he made this globe , with all that therein is ; all things that are in heav'n and earth are his ; vve know it , and therefore do not despair that here on earth ; our loss hee will repair , or , give us better portions , where , they never shall be impair'd , but injoy'd for ever . yea , i am confident , that , if it may but add unto god's glory any way , or , make for their advancement in that path vvhich , to eternity , a tendance hath , he 'l either keep them virgins to attend the lamb , when he brings babel to an end , or , marry them ere long , without my cost , and , give them better portions than they lost , or , at the worst , they shall content be made vvith ( be it more or less ) what may be had . this , without wavering , beleeve i do , and , others will perhaps , beleeve it too , vvhen they consider marriages in heaven by god himself are made , and portions given , in love and vertue , without prepossessing of any other medium , but his blessing . wealth , in itself , is neither good nor bad , nor poverty , nor takes from , nor doth add to happiness essential , but , as they are sanctifi'd , and as our games wee play : and , of the two , in that , least danger lies , vvhich we most seek to shun , and most despise . wealth , makes men wasteful , dissolute and lazy , in manners rude , in mind and body crazy ; makes bold-men cowards , free-men doth inslave ; many , to lose themselves , their wealth to save . it so befools them , that asse-like , some bear their golden-load , till , meat for worms they are , enjoying no more profit by their treasure , save meerly , an imaginary pleasure vvhilst here they live ; and , as if hope it gave it would be useful to them in the grave they hugg it , hoard it , and do lock it fast , ( as long as living breath in them doth last ) not sensible of any detriment vvhich they do thereby cause , or might prevent . and , i beleeve , three families , for one , that thereby thrive , by riches are undone , through those debauchments whereto they allure , till , soul or bodies ruine , they procure . contrariwise , despised poverty , incites to courage , and to industry , breaks thraldoms yoaks ; cures often , those diseases vvhich luxury ingenders , or increases ; for , 't is an antidote against the gout , and helps to purge all those ill humours out , that , send men to their graves , by an excess either in gluttony , or drunkenness . exorbitant desires it doth restrain , an empty belly makes a witful brain : a crosseless purse , to him small danger brings vvho bears it ; for , before the theef hee sings . and , when he dies , that which makes those men sad , vvho , whilst they liv'd , things in abundance had , afflicts not him that 's poor ; for he 's depriv'd of nought , but what opprest him whilst he liv'd . a very poor man also , scapes their fates , vvho are belov'd , or hang'd for their estates , and , some at this time , ( i beleeve ) will judge the last of these , to be a priviledge . though many , not a little do rejoyce in that rude , loud , and everlasting noise vvhich , in most rich mens houses you shall hear , vvhere every room is made a thorow-fare ; or , where , so many servants help to do their works , as make one bus'ness , more than two ; vvhere , for each man who faithfully obeyes him , the master feeds another , who betrayes him and , thrice as many , who , by night or day do steal , perhaps , or spoil , or waste away more ( oftentimes ) than would the charges bear of paying twice their wages , for that year : though many like this ; 't is to me an ease that poverty hath freed me quite from these . i , now , finde much more joy , than in much pelf , that , i have learned how to serve my self ; to brush my cloak , my garments to unloose , put on and off , my stockings and my shooes , and , that , without my servants , i can bee as well content , as they are without mee ; i know both how to want , and to abound ; and much more pleasure , i , in this have found , than in choyce meats , that in a time of need , on bread alone , i savourly can seed , or ; on as scanty , and as homely fare ( in my old age ) as men that poorest are : yet , be both more in health , and no lesse able , than when god gave a fully furnish'd table , with meat so well cook't , that it did invite at every meal , a double-appetite . and , i , whose worst apparel us'd to be as good as any mans of my degree , can in those garments , without shame , appear which , i , but lately was asham'd to wear ; unto which confidence , till want had brought mee , philosophy , that lesson never taught mee . i , must likewise , ingenuously confess that , my distractions have been ten times less since i had nothing left , than whil'st i had vvhat , in opinion , mee a rich man made : and , this is gain'd by losing what is gone , that , now , 'twixt having wealth , and having none , i know the difference to be so small , that , upon neither of them , dote i shall : for , as much certainty , i do perceive in that uncertainty , at which i live as is in any temporal estate of goods or lands ( especially of late ) now , therefore , i desire not to be rich , or to be poor , because ( not knowing which will best advantage mee ) i to his pleasure have left it , who , knows what estate , and measure of wealth and poverty , best fit mee shall to do that , whereto hee vouchsafes a call. i neither wealth nor poverty will chuse ; nor , which soere he gives will i refuse . but , most men would have somewhat of their own , as if supplies by charity bestown , would sooner fail them ; yea , although their father well cloaths and feeds them , they desire much rather to finger their whole portion , that they might pursue their own desires , out of his sight . some other , altogether do rely on their own prudence , and self-industry , and , of contingencies , are so afraid that , thus within themselves their hearts have said ; we possibly , into such wants may fall , and , so deserted likewise be of all by whom we have been harbour'd , cloath'd and sed , ( some of them being ruin'd , and some dead ) that , unless wee can some reserve provide , whereby , what e're haps , wee may be supply'd , wee may become exceeding miserable ; especially , if us to dis-enable , old age , restraint , and sickness should increase , and , to necessities , add helplesness . should this befall ( as possibly it may ) our poverty would be too great , they 'l say , vvith patience to be born : alas ! poor men , i 'le grant all this may happen : but , what then ? did ever you yet know , or see , or hear , that lands or goods freed any from this fear ? if not , how can you hope to bring to pass that , which by no man , yet effected was ? have you not still a god ? and , is not hee , a refuge , though all other failing be ? your trust was never plac'd on him alone , if him , you cannot trust , when all is gone . vvhile somewhat 's left , whereby subsist we may , as david said , wee boast of him all day , but , bee assur'd , that e're from hence yee go , hee 'l make proof , whether it be thus or no. him , and our own cause , wee do much mistake , vvhen 't is at best , the same at worst , wee make , and , so much on his gifts our hearts are set , that , him , who did bestow them , we forget . to god , be therefore , praise , who , by this trial gives mee both proof and means of self-denial . i , am as worthless as the worst of you , i , nothing know by mine own merits due , but , that which now i suffer , and much worse , ( the wages of an everlasting curse ) my frailties are as great , my sins as many as yours ; worse than my self i know not any , though some so seem : and , yet , god's promises make way through all these disadvantages , so well to know him , that i do beleeve my trust in him , hee never will deceive ; and , that it would for my advantage be if all that may be fear'd , should fall on mee . vvere that condition ( as it may bee ) mine , i , then , should have no more cause to repine than any other man , who to the doom of death submitteth , when his time is come : for , he who feels this day nor want nor sorrow , may be in worse estate than i to morrow . so long , as i , have any work to do , i shall have what is needfull thereunto . and when 't is at an end , no matter whether the stroke of death shall be received , either by axe or halter , ( so i merit not , what is by law the malefactors lot. ) or , starving , or , by one of those diseases which , ordinarily , the body ceizes . for , that shame , which men fear , whilst they have breath by suffring , what they count a shameful death is shar'd among mankind , and every one bears part thereof with mee , when i am gone . and , whilst i live , what e're can suffred be , may fall as well to any , as to mee . upon my death-bed , or , upon a rack , when flesh and bones , and all my sinews crack , i may be therewithall , as blithe and frolick , as , when a burning feaver , or , the collick age , or consumptions , or the pestilence shall be the means to carry mee from hence . the pains of these , are oftentimes as strong , they do continue ev'ry whit , as long ; and , at a rich mans door , a lazar dies sometimes as easily , as he that lyes upon a bed of down , and who till death all necessaries in abundance hath . this , being well observ'd , it may appear that , we are fooled with false hope , or fear , when we shall dream to be secured more from all events , by being rich , than poor , or , that , there any state on earth can be , vvhich may not have the same catastrophe . vvhen god vouchsafes to make mens poverties to glorifie him , he doth send supplies , ev'n by unlikely means ; and makes that nourish vvhereby , they , who are fed with dainties perish . them , on whom tyrants no compassion have , he , in the fiery furnaces can save ; when they are cast into a lions den , he maketh beasts more merciful than men . he , ( when to manifest his power divine it pleaseth him ) turns water into wine which , at a poor mans wedding once was done more to his honour , than when conduits run with sack and claret ; which magnificence adds honour to the marriage of a prince . he , when men hungring after righteousness wait on him in a hungry wilderness , feeds thousands with a few loaves , and two fishes , as full , as if they had ten thousand dishes . the bottome of a barrel , and a cruse shall meal and oyl sufficiently produce , to keep a family in time of dearth , until he sends a plenty upon earth . he , when the creditor , for payment asks ( with rigor ) doth fill many empty casks , out of one pot of oyle , until there be a competence , to set the debter free , and , for his livelihood , in time to come . yea , by devourers , he doth nourish some : for , daily , that elias might be fed the ravens brought unto him flesh and bread . this hath been ; and some things i can aver of this kind , in mine own particular . once , twice , nay , oftner i have been distrest as , i now am ; and three times at the least , have had repair vouchsafed mee by god , in such an extraordinary mode , that , many did admire , at my supply ; as very well they might ; for , so did i. and , when it seasonably may be shown , the manner of it will perhaps be known . at , this time , that , which many did suppose would mee , ere now , have ruin'd ; on my foes hath cast a bridle , and will keep mee from what they intend , until my hour is come ; and , peradventure , then , restrain them too , from acting all , that they intend to do . that , which both my estate and reputation should have destroyed , is my preservation another away ; and an advantage brings , in better and more profitable things . for , slanders , gain mee credit ; that , doth glad mee which was intended to deject and sad mee ; that , which pursued , is , to make mee poor makes my wants less , and my contentments more . and , as if god had purpos'd to bestow a sign upon mee , plainly to fore-show that , those afflictions , and abhorred places , which add to others , torments and disgraces , should comfort mee , when common comforts fail , new gate , suppos'd an ignomineous jaile to mee , hath ( as it were a patroness ) contributed releef in my distress , perhaps , from some of them , whose pressures were either as great , or greater , than , mine are : which ( as i am obliged ) to god's praise i do , and shall acknowledge all my daies to be an action , which doth signifie a greater mercy , than that bare supply ; for , it informs , and well assureth mee a prison , shall no dammage bring to mee , and , that those places , which , make many poor , will make mee richer than i was before . these things , i thus express , that others may perswaded be , i do not write or say what i have read or heard , or whereof i have no more in mee , save the theory ; and , knowing , this , which into words i spin flows forth from what is really , within , and , by experience learn'd , it might effect that operation which i do expect . most men , suppose them signs they are beloved of god , and all their waies by him approved , ( how negligent soe're of his commands ) when outward things do prosper in their hands . they count them marks of his especial grace if their cows casts not calf ; if he doth bless their oxen ; if their flocks of sheep increase ; if none doth in their persons them oppress ; if their new-purchas'd titles be made good ; if , by their trades and rents , they to their brood may leave great portions ; if , they may at court finde favour ; and , if blessings of this sort be multiply'd upon them , they suppose god is their friend , and foe unto their foes . indeed , these , blessings are ; but signs to mee of god's especial grace , these , rather be ; that , when of land and goods i am bereft , and , no external comfort seemeth left , i can depend on him , and be more glad , in his love , than in all that e're i had : that , i am freely justifi'd by him in that , for which the world doth mee condemn : that , i perceive , he deigneth mee releef , by that , which usually augmenteth grief ; and , that , when most inrag'd oppressors are , of their displeasure , i am least in fear : that , things which threaten troubles to prolong ( till they are helpless ) make my faith more strong , my fear as little , whilst the fight doth last , as at the triumph , when all danger 's past ; and , that , their waies , who do most malice mee , neither the waies of god , or good men be . these things , are of god's love a truer sign than an increase of corn , of oyl and wine , and , i do smile to think , how like poor slaves they will e're long , sneak down into their graves , who , make false boast of god , when they with shame shall know , that , by their spight i better'd am . and , when my country hears the next age tell how , mee they us'd , who alwaies lov'd it well ; what , better men have suffer'd ; what , in vain was said ; what done , undone , and done again ; how , truth 's bely'd ; how lies upheld for truth ; how much the heart dissented from the mouth ; their deeds from what they seem to think and say ; and , how , at fast and loose , we now do play ; it will be thought , perhaps , this generation had lost faith , reason , iustice , and compassion , and , they , who shall by strict examination , search out the cause of this prevarication will finde an hypocritical devotion sprung from the love of riches and promotion , ( dis-robing piety of her plain dresse , to be dis-figur'd with that pompousness which is affected by the man of sin ) of all that is amiss , chief cause hath been . i must not scribble all that might be pend upon this subject , lest i more offend than profit , or , lest , for want of speed , be hindred , in my purpose to proceed . but , one more argument , i 'le therefore add whereby , it out of question may be made , that , to be very rich , indangers more a real happiness , than to be poor ; and , prov'd it shall be by a demonstration , that , will admit no future confutation . because , it shews that wealth hath not alone more hurt to many single persons done than poverty , but , also to the race of all mankind ; and unto god's free-grace injurious been ; dishonour brought to christ , and , set up his opposers interest . observe it , for , i , nothing will alledge but , that , whereof , the meanest wit may judge . i need not tell you , wee more easily may drive a camel through a needles eye , or , thread it with a cable , than , to heaven rich men ascend , or thither may be driven . for , most have heard , he spake to that effect whose judgement none have reason to suspect ; yet , i will shew to you what way he went , and how , by his example to prevent that difficulty ; for , he did not say , one thing to us , and walk another way as many do , and did , who would be thought to follow him , and teach us what he taught . in plain expression i will let you see who , those impostors and apostates be who speak sometimes his words , and do profess his truth , yet are in practice nothing less . christ , knowing well , that , avarice , ambition , wealth and preferments ripen to perdition , and , that , they so insensibly deprave the best and wisest men , if way they give to their allurements ; that , although he were the son of god , and needed not to fear the frailties of his flesh , he , to the law conformed , and preserved it in awe by true obedience ; mortifi'd that nature which he assumed from the humane-creature . both by an unconstrain'd humility , and , by a voluntary poverty : and , did for our example , and our sake forbear , of things indifferent to partake , lest , we , who know not how aright to use our liberty , things lawful might abuse by taking that for food , which was provided for physick rather , when a cure we needed . when , first , from heav'n he came ( though lord of all in heav'n and earth he was ) within a stall he took up his first lodging ; passed on throughout his childe-hood , as he had begun ; and , to the world , no better did appear than son to joseph , a poor carpenter . when to mans age he came ( for ought we know ) he liv'd by labour , as such poor men do . and , when he did begin to manifest himself to be the saviour jesus christ , his royalty was furnish'd out no more with earthly riches , than it was before ; he had nor lands , nor goods , to finde him bread , nor any house , wherein to rest his head . he had , for what was needful , no supplies but , pious men and womens charities . poor despicable fisher-men ( or such ) and , those , who neither noble were , nor rich he those for his disciples ; and when these 〈◊〉 〈◊〉 abroad on his ambassages , they were forbidden either to take care wher● with they might be fed , or what to wear , or , m●●y to provide for their expence , but , le●ve those things unto god's providence . to them his gospel-principles he gave , and , taught them how themselves they should behave in their discipleship , both where neglect they found , and also where they had respect . 〈◊〉 them injoyned , to be meek and humble , 〈…〉 likeli'st block to make them stumble 〈…〉 , to precedency , not to aspire , 〈…〉 lordly attributes desire : 〈…〉 disciples in their low'st condition began to be infected with ambition . the sons of zebede , when they were poor , were tainted therewithall ; and , how much more it doth deprave men when they wealthy grow christ did fore-see , and we have liv'd to know by that , wherein the prelacy hath varied from his example ; and , by him who carried the bag in his time , we have learned too , what avarice may make a bishop do . moreover , when by publick acclamation christ had a visible inauguration into that kingdome , whereto he was born , no rich or royal robes by him were worn ; nor sought he to be honour'd with such things as are affected by terrestrial kings , but , meekly , through jerusalem did pass not on a barbed steed , but , on an asse , ( which none had backt before ) & which nor pad , nor saddle , trappings , or a foot-cloth had , save what the people on his back had thrown , and , to that purpose taken from their own . when he was crown'd , no golden crown he wore lin'd with soft fur , but , one much worse than poor : a wreath of thorns , he wore upon his head ; he , had no better scepter than a reed ; a purple robe , was cast on him in scorn , to be at that sad coronation worn . for him , there was prepar'd no other throne , except a cross , to be advanc'd upon . nor fun'ral rites , nor monument , nor grave , had he when dead , but , what some lent or gave . thus , poorly was his kingdome here begun ; thus , his affairs of state were carried on . so long , as he a life on earth retaind , like no terrestriall monarch , here he reign'd ; but , glorifi'd his kingdom in this mode : and , when that he ascended up to god , hee , by his holy spirit , so did minde , ( and so inspire those whom he left behinde ) to propagate the same , that they pursu'd the discipline and paterne , which he shew'd . from satans kingdoms , to distinguish it , he added whatsoever did befit a righteous government , in every thing which might advance the throne of such a king , without those baubles which do more oppress their subjects , than promote the common peace . to this end , and preserve with purity the church and saints in their integrity , they left behinde them precepts , counsels , cautions , and , many ( not ambiguous ) declarations , both to inform us of the mind of christ , and , of the wiles of that great antichrist which was to come , and should foundationslay to set a kingdome up , another way ; that , might ( if possible ) be thought to be christ's kingdome , as now thousands live to see the world reputes what they erected have , and , with her ornaments , made rich and brave . moreover , that christ's vineyard and cornfield , might fruits both nourishing and pleasant yeeld , no needful diligence , at first was wanting , in digging , dressing , sowing , or in planting ; or , so to beautifie it , that none might despise it , or not therein take delight . and , that , none should by pride , or avarice intrude upon their brethrens legacies , they , truly , his last tstament recorded ; the same into a gospel-law they worded , which hath sufficiency , without additions by humane policies , or new traditions , to constitute his kingdome , and prevent prevarications , by mis-government . to bar out innovations , they by deed confirmed , what they had in words decreed . from no true principles of faith they swerved , devotions reverence they well preserved , with ut new-sangles , and those trincketings , that superstition to adorn it brings . the sacrament ( by which the death of christ should be remembred ) they made not the test of things , no way relating to that end , for which , that mystery he did intend , or , rendring , what should be by his intention , the band of love , a means to breed dissention : nor was the bread or wine , then idoliz'd ; but , that love-feast , was duly solemniz'd , in decency , without vain pomp of state ; altars , court-cubbord like , beset with plate ; waxe-lights at noon , in silver-candlesticks , or , any other of those needless tricks , which were first introduced , in those daies when wooden-priests , got silver chalices . they us'd no superstitious adorations , cringings , ridiculous gesticulations , or mimick actions : nor these , or those , postures of body ; neither places , times , or vestures , were so essential made , or necessary to holy duties , that , none ought to vary from those formalities : nor , painted walls , nor pictures had they , supplices , nor palls , chimers , hoods , rochets , nor rich copes , nor tippets , nor was their service cut out into sippets , for , such toyes ( then unknown ) did not begin till ancichrist arose and brought them in ; and , till with wealth and dignities inricht the presbyters , and bishops were bewitcht . to have prevented this ( as i have said ) a good foundation christ himself had laid , and , at the first , that structure was begun , which , he intended should be built thereon . such as were then , by sacred ordination , call'd bishops , watchful were , and took occasion from ev'ry slip , to travel , preach , and write , that , errours and mis-deeds prevent they might . as soon as demas and diotrephes , with such like , were observed in their daies to innovate , and labour to begin that prelacy which , afterward crept in , they so oppos'd it , that , till from his chain , the devil ( then confin'd ) was loos'd again , none could setup what a faction begun , though many were then working thereupon ; for , christ's apostles , and their true successors ( in spight of innovators , of oppressors and hereticks ) by that simplicity of truth , which was profest in poverty , did so distinguish it , from what by those advanc'd would be , when antichrist arose , that , they inviolate maintaind thereby her honour , and her native purity , without that carnal pomp , and costly pride with wch , the strumpet , now seems glorifi'd . and wherewith , shee hath half the world inchanted , since heathenish deities , were first supplanted . that miracle , was wrought by god , through them whose poverty the world did then contemn : ev'n when their worshippers were in full power , and , when inrag'd at height , sought to devour their scorn'd opposers , they withall that odds were not then able to support their gods. but , when the saints were as distrest and poor , as they , who seek their bread from door to door , when , they broke through a tenfold persecution , to put their masters will in execution ; when in despised habits through each nation they preach'd the blessed means of our salvation ; were counted fools , and as much dis-esteem'd as any , who are now phanaticks deem'd ; when , they had neither academick halls , schools , colledges , or sumptuous cathedrals , nor universities , nor deans , nor doctors , prebends , archdeacons , chancellours or proctors , nor rents , nor tythes , nor pensions , nor oblations , excepting onely good mens free-donations ; when they , nor bishops had , nor presbyters , save , such as holy scripture characters , ( who claimed no precedence , or submission , from those , authoriz'd by the same commission ; when , they were meek and lowly , in their places , poor in their temporalties , and rich in graces ; when , they ( as necessary to salvation ) on no man , did impose an observation of daies , times , forms , or ceremonious rite , but , as to edifying , tend it might ; and , left them to be practis'd , or omitted , as , either they might , or might not be fitted to holy duties , without just offences , to other mens , or their own consciences : ( in which case , none that hath sobriety , will bar another of his liberty . ) when pastors medled not at all , or little , with soveraigns , whether they themselves , or title were good or bad ; excepting in those cases which did concern the duties of their places ; but , in the fear of god , obedient were to that power , which did visibly appear impowered to protect them ( whilst it stood with that obedience , which they owe to god ; and , did by suffring , render satisfaction , for what they dared not perform in action . ) when , emperours nor kings did them esteem , nor flatter'd were , or fawn'd upon , by them ; ev'n then by these , mens doctrines and examples , were all the gentiles great and glorious temples throughout the world destroy'd : their superstitions ( from which new rome retrived her traditions ) were then by those expell'd : their oracles , then silenc'd were ; their jugling miracles were prov'd impostures : then , the sophistries of those whom former ages thought most wise , were found but fallacies ; their wisdome folly ; unsound their manners , their beleef unholy ; their books of curious arts , whereby great fame they had acquir'd , were cast into the flame ; and , then , their flamins , and archflamins too , ( who domineered as the prelates do ) were ( as these , in the time appointed shall ) brought to those dooms , which on impostors fall . the worship also , wherewithall the jews , the worlds credulity sought to abuse , as well as her philosophy , was foil'd at their own weapons ; of that glory spoil'd whereof they boasted ; and all this was done , without the outward pomp , now doted on . and , if the prelates , can with all the glory , which they have gotten by things transitory , and , by the help of all the kings on earth , to such another miracle give birth , i le think , that they as great impostors are , as jannes , and as jambres long since , were ; yet , still beleeve , that , maugre all their power , the rods of these , will their charm'd rods devour . that , which the prelates take to be a sign of sanctity , the most becoming shrine of sacred piety , and true devotion , i mean , that pomp , whereby ( for self promotion ) they seek to trim and paint it , forth hath brought ( compar'd to this ) not any thing worth ought but meer contempt : for , by the zeal of those , who , made such poor , and despicable shows , more honour to the church of christ is done , than all their wealth and honours , have thereon conferr'd , in more than fifteen hundred years , by all their great and potent favourers . they , whom the churches poverty brought forth , though poor externally , had inward worth ; good life was practis'd , sacred truth profest religion , with sincerity imbrac't , in her poor driss , by many an humble saint , without the fucus of a whorish paint ; and , till men leaving their plain sober way , sought by external wealth , to make her gay , the church , in piety , did still increase though outward persecutions did not cease . but , what hath followed since her poverties , are chang'd for temporal wealth and dignities ? since princely prelates sought for carnal things , had learn'd to flatter emperours and kings , and , cheat them with a seeming loyalty , made credible by fained piety ? since they , an ambodexters part could play , had got two masters , and a double pay , topt wreathes imperial with a triple crown , made rebels martyrs , trod allegiance down and , had on so much wealth and honour ceas'd , that they could turn the scale wch way they pleas'd , what , hath er'e since that time , proceeded thence but , products of destructive consequence ? and those confusions , for which ( without shame ) some , to the saints of god , impute the blame , as heretofore , the heathen tyrants did to them , whose blood they innocently shed ? and , though that in their publick declamations , ( as also , in their private exultation . ) the prelates , to a joy transported seem , like ( as they say themselves ) men in a dream , to see that wealth , and pomp restor'd again , whereof , small hope they did erewhile retain ; though , of a golden hierarchie dreaming , they ( still the poverty of christ blaspheming ) do think , the angels are as glad as they of that , wherein they triumph at this day ; and , say ( which i conceive to be a lye ) that , they , could well content have been to dye , the next day after they restor'd had been to that condition , which they now are in ; yet , i beleeve , it will not , in the cloze , make them so happy , as they now suppose ; or , give much cause unto this generation , to be well pleased in their restauration . for , to these nations , or unto our king , what , can i think , these golden calves will bring save , at the last , what followed upon that , which ieroboams policy of state produc'd in isr'el , when he ( as it were inspight of god ) set golden calves up there ? and , his successors walkt on in that way , vvhat er'e those prophets , from thenceforth , could say vvhom god , in justice , or in mercy , sent their threatned desolation to prevent ? vvhat , is more likely , if th' abominations of , almost ev'ry good-man , in these nations shall be indulg'd ? ( and , though it ever since it first begun , produc'd nought but offence ? ) for , observation daily finds it plain , that , fear of losses , or the hope of gain , or , of promotion , will root out apace the seeds and plants , of piety and grace . and , since , already , it so multiplies apostates , and augments hypocrisies , what can be thought , but , that , those daies , we see wherein , th' elect shall hardly saved be , unless god shorten them for , whatsoere men say , or do , they fall into a snare ; and , those deceivers , whereof last i spoke , to blinde mens eyes , have raised such a smoak , that , few , know which way safely turn they may ; or , what to think , beleeve , hope , do , or say . such histories , as are approv'd by those , who never did the prelacy oppose , affirm , that when the churches augmentation of wealth and honour , by the free donation of constantine , was first on them conferr'd , a voice , was in the air distinctly heard , which did these words , articulately say , into the church is poison pour'd this day : and , thereupon , that , quickly did ensue , which , manifests the saying to he true : for , they , who read historical relations , of what hath been in former generations , ( as also , in their times ) discreetly heeding what , their experience addeth to their reading , will finde , that , here , and , almost ev'ry where , the prelates cause of many mischieves were . yea , that the greatest troubles on the earth , sprung indirectly , or directly , forth from their ambition , avarice and pride . when gold and silver they had multipli'd . how many troubles , have been here of late , occasion'd by what they did innovate ? how many thousand families undone in these three kingdomes are , since they begun , those whimzies , which the prime occasion were of all the civil wars and discords here ? and , what more will ensue , god only knows , for , wee , already see ill boding shows . their avarice , and matchless greediness , of hoarding treasure up , to an excess at such a time as this , wherein the state is straitned ; ( and when much it doth abate that , trading , whereby , our necessities publick , and private , should have their supplies ) produceth ill effects ; and how by these both in their civil peace , and consciences , men may disturbed be , there 's cause of fear , by what in their deportments doth appear . and , i observ'd this ( which ile now record ) that , when they first begun to be restor'd , with them , return'd , ( god grant there come no may-poles , maid-marian , & the hobby-horse , ( worse ) beside , some other heathenish prophanations , maugre the kings late pious proclamations . it would fill many volumes to collect what prelacy did heretofore effect ; how troublesome in other common-weals , and kingdomes , it hath to god's israels , and , other people been : how oft have they endeavoured their soveraigns to betray , unto the see of rome ? how oft , to bring the people into bondage to their king , that , when their purpose they had wrought on him both king and people , might be slaves to them ? how insolent and impudent a power , was then usurped when an emperour did hold the stirrup ? when an english king they to so great a slavery did bring , ( and foolery to boot ) as to decline his royal person , at tom beckets shrine ? do pennance there , and be so much befoold , that , school-boy-like , he was with rods there school'd , by canterbury monks ? when , he , that trod upon his leige lords neck ( blaspheming god ) that piece of scripture , to himself applide which could in none , but christ , be verifide ? intolerable was his arrogance , but , such are oft effects of their advance ; and , thus , have kings and emperors been rewarded , who , their lean gammons , had with fat inlarded . these , are the blessed and the holy fruits , of their great wealth , and lordly attributes ; yet , these are not the worst ; for kings and princes , were not alone by prelates insolencies , abus'd like other men , in what relates unto their lives , their honours and estates ; but , god , is also , thrust out of his throne : ev'n his peculiars are usurp'd upon ; and , such intrusions are now made , by these upon mens faiths , and on their consciences , that , they make many prostites for the devil , expose them to an everlasting evil , and , causes are of mischiefs and offence , vvhich all the world can never recompence : for , bonds they lay , where god doth none impose ; unbinde , from what he never will unlose ; and , whatsoere he speaks , his words , by these , are made to mean , what ever they shall please . but , let the saints in patience persevere ; for , though these arrogantly domineer , and in their hopes grow every day more strong , their time of standing , will not now be long : the kings , who with the cup of fornications have been made drunk , for many generations , will at the last grow sober , or else mad , to see what power on them , these juglers had , and , help to bring that fatal iudgement on , which must reward them for what they have done : great babylon it self , will shortly fall , and , they shall have their portion therewithall . to do us harm , they had not been so able , if in those principles , men had been stable which constitute christ's church ; nor to assist as they have done , the throne of antichrist . had these been still content to seek no more ( as bishops were in ages heretofore ) than might supply things needful in their place , for nature to promote the works of grace , ( nor stretched their precedency ought further , than did conduce to decency , and order ) it had not such ill consequents produc'd : and , could they but , yet , timely be reduc'd , to that bound ; discords , would ere long be ended , and , much , that is amiss would be amended . ( god bless the king , and open so his eyes , that , he may see in what his safetie lies ; and prosper mee , as i desire hee may walke and continue , in that blessed way , which truly to his glory doth redound ; whom he so kind , and merciful hath found . my prayers are , that god would make him strong against the charms of every glosing tongue ; in grace and vertues , daily so improve him , that , god and men , for ever more may love him : and , that , i may finde favour in his sight , according as i am in heart , upright : for , whatsoever , hee shall bee to mee ; to him , i 'm true , and so will ever be . god , pardon all that i have done amiss , and , so , i finish this parenthesis . ) here , i have shown you , by plain demonstration , which ( as i said ) admits no confutation , that , poverty ( though much despis'd ) is better than riches ; and , that , i thereto am debter much more , for what concerns my happiness , than , by what can be got by an excess in wealth and honour : and , what 's here rehearst , will bee approv'd , when synods have reverst their votes ; and be by wisest men upheld vvhen acts of parliament shall be repeal'd , that , were confirm'd , by commons , lords & king , vvhen , god , shall to effect , his purpose bring , and , those men to their wits , who , little heeded , vvhat , would ensue that , wherein they proceeded . now i have done . if this you can beleeve , and , god , his blessing thereunto shall give , i have what , i desired for my paine ; and , what 's here writ , shall not be writ in vain : for , all that 's in my words , is in my heart , in every circumstance , and every part . perhaps , this despicable barly-cake , may tumble , till a fatal breach it make into the tents of midian : but , thereon vvhat ere else follows , let god's will be done . though no man living , should the same regard , a good work , to it self gives full reward ; and , there is nothing , that can make it less , than what it is , or , bar it from increase : for , though such accidents , may oft befall , as , that , it will not so appear to all , nor poverty , imprisonment , disgrace , life , death , good , bad condition , time nor place , praises , privations , nor ought that hath name , makes real vertue , not to be the same . glory be to god. a word on the behalf of mr. zachary crofton prisoner in the tower. whatsoever ye would that men should do unto you , do ye the same unto them ; for this is the law and the prophets , matth. 7. 12. since all men erre , and one way , or another , occasion what mis-happens to each other , i cannot but be sensible of that , which may bee mine , and ev'ry mans estate . crofton's a prisoner , and , some say , must dye ; yet , i , from none , can learn the reason why . if his declaring for the covenant , be all his crime , a reason i shall want , to satisfie mee , by what law wee shall conclude that his offence is capital ; or , how , that can imputed be for sin , which , by no law , hath yet forbidden been . god , bless the king and state ; and so mens reason preserve , that , we may once know truth from treason , lest we at last be brought into a snare , and , be uncertain , when we traitors are : for , though it safely might bee justifi'd that , rather than god , men should be obey'd ; such , may not be their own friends , who condemn that man , who pleaded both for god , and them , and , to the hazzard of his life persists , in vindicating their joynt-interests , to no mans disadvantage , except those , who , are to god and men , apparent foes . mee thinks , it is great pity , that , a man who , to god , king and church , both may , and can be serviceable ; and , who doth profess his judgement , in meer conscientiousness without design'd contempt , unto the state , or , purposing a mutinous debate , and , never gave just cause to be suspected , he was to either of them disaffected , ( but , unto both of them , good service did , when they of faithful servants had most need ; and , hath but done his duty , to oppose those harpies , which to all good men are foes ) should by mistake , or , by mis-information , as one , who had deserved no compassion , a sufferer with malefactors be because , hee sees not , what he cannot see ; or , else , because he cannot credit give to what , he findes no reason to beleeve ; for , who will care for life , where prelacy attains to such a height of tyranny , that , it inslaves both soul and body too ? and , where , of what we should beleeve and do , no certainty , can by their light be known , nor leave obtain'd , to make use of our own , though voluntarily the king ingag'd to let the conscience be so priviledg'd ; and , mercy , in some other things , did show whereof , the prelacy will not allow , whether the covenant , by right , or wrong , were made , or burnt , it doth not now belong to private men to question : for , when dooms are past in parliament , the case then comes before god's judgement-seat ; and , woe to them , who , that , which hee approves of , shall condemn . till , therefore , he , thence answers their appeal wise men , their private thinkings will conceal , and , him implore , to whom referr'd it is , to right what 's wrong , and pardon what 's amiss . what , fame reports by crofton to be done i , singly and sincerely musing on , do finde , by that ; whereof inform'd i am , that , hee more merited reward than blame , unless , that , wherein other men have err'd ( without his fault ) may be to him transferr'd . the covenant hee took , but did not make it ; nor forced any one to take , or break it ; but , in his place alone , the same maintain'd ( to his own hazzard ) as it appertain'd unto the honour , peace , and preservation both of the royal persons , and the nation , as he thought it oblig'd ; and as it stood in force , relating to the will of god and , no jot further ; unless , wee suppose hee err'd , in pressing it , to bar out those who , have been , still are , and will be agen , foes unto god , to kings , and common men , as soon as they themselves enabled finde , to do the work , for which they were design'd . for , that , which crofton most insisted on , ( as purpos'd by the covenant to be done ) is an exploding of the hierarchy brought in , by antichristian-prelacy , ( to whose support , his oath cannot extend who , christ's faith , is obliged to defend . ) and , if that , be a fault , god , mee forgive , for , therein , i resolve , to dye , and live . the stress of his case , as appears to mee , lies there ; if , hee of ought else guilty bee , i , leave him to excuse himself ; for , never saw i his face , nor shall perhaps for ever . but , hee 's in durance , and i fain would do as , in his case , i would bee done unto ; and , peradventure , it will needful bee that , some , ere long , should do as much for mee . there are , besides those actings , which do fall within the duties of our common-call , some , having so peculiar relation , to god's designments in our generation , that , they not onely do the force abate of what is call'd , the reason of the state , but , of those precepts also , at sometimes , whose violations are most hainous crimes , in any other case ; as may appear , by many proofs , which i will now forbear . god , doth a generation-work design ; for , ev'ry man : these , are a part of mine , and , i had rather dye ten deaths for one than take ten lives , to let it bee undone . till that is done , mee , lord vouchsafe to keep ; and , david like , then , let mee fall asleep . notes, typically marginal, from the original text notes for div a66791-e39140 act. 13. 36. actions for slaunder, or, a methodicall collection under certain grounds and heads of what words are actionable in the law and what not a treatise of very great use and consequence to all men, especially in these times wherein actions for slaunder are more common and do much more abound then in times past, and when the malice of men so much increases, well may their tongue want a directory : to which is added awards or arbitrements methodified under severall grounds and heads collected out of our year-books and other private authentick authorities ... / by jo. march. march, john, 1612-1657. 1647 approx. 288 kb of xml-encoded text transcribed from 121 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-08 (eebo-tcp phase 1). a51909 wing m571 estc r29500 11151604 ocm 11151604 46451 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a51909) transcribed from: (early english books online ; image set 46451) images scanned from microfilm: (early english books, 1641-1700 ; 1426:3) actions for slaunder, or, a methodicall collection under certain grounds and heads of what words are actionable in the law and what not a treatise of very great use and consequence to all men, especially in these times wherein actions for slaunder are more common and do much more abound then in times past, and when the malice of men so much increases, well may their tongue want a directory : to which is added awards or arbitrements methodified under severall grounds and heads collected out of our year-books and other private authentick authorities ... / by jo. march. march, john, 1612-1657. 241 p. printed by f.l. for m. walbank and r. best ... , london : 1647. reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng libel and slander -england. 2004-02 tcp assigned for keying and markup 2004-03 aptara keyed and coded from proquest page images 2004-05 olivia bottum sampled and proofread 2004-05 olivia bottum text and markup reviewed and edited 2004-07 pfs batch review (qc) and xml conversion actions for slaunder , or , a methodicall collection under certain grounds and heads , of what words are actionable in the law , and what not ? a treatise of very great use and consequence to all men , especially in these times , wherein actions for slaunder are more common , and do much more abound then in times past : and when the malice of men so much increases , well may their tongue want a directory . to which is added , awards or arbitrements , methodised under severall grounds and heads , collected out of our year-books and other pirvate authentick authorities : wherein is principally shewed , what arbitrements are good in law , and what not . a learning of no lesse use and consequence to all men , then the former : for that submissions to arbitrements were never more in use then in these times . and this learning well observed , would avoid multitudes of suits and contentions which daily arise through the defects of arbitrements . by jo. march of grayes-inne , barister . london , printed by f. l. for m. walbank and r. best , and are to be sold at grayes-inne-gate . 1647. actions for slaunder . or a methodicall collection , under certaine grounds and heads , of what words are actionable in the law , and what not ? the first part of my labour is , to shew what words are actionable in the law , and what not ? in the prosecution of which , ti 's not my purpose to run over all the cases that have bin adjudged , neither can i if i would ; my intent is only to lay downe a certaine rule or ground , upon which to go ( which will indeed be as a light to all cases of this nature ) and having done so , to follow every particular thereof , with the most pertinent cases that i finde adjudged in the law ; which done there will be very few cases of consequence hitherto adjudged omitted . but before i enter upon this part of my labour give me leave to premise this , that i do not undertake this work , with an intent ●o incourage men in giving ●ll and unworthy language , or to teac●● them a lawlesse dyalect , but ( as my lord cook speakes ) to direct and instruct them rightly to manage that , which [ though but a little member ] proves often the greatest good , or the greatest evill to most men . and withall to deterre men from words , which are but winde ( as hee further speakes ) which subject men to actions , in which dammages and costs are to bee recovered , which usually trench to the great hinderance and impoverishment of the speakers . and in truth that which caused mee to enter upon this labour , was the frequency of these actions ; for i may with confidence affirme , that they doe at this day bring as much gryse to the mill , if not more , then any one branch of the law whatsoever . and it were to bee wished and certainly never in a better time then now ) that the greatest part of them were suppressed , that words only of brangle , heate and choler , might not he so much as mentioned in those high and honourable courts of justice . for i professe for my part , i judge of them as a great dishonour to the law , and the professors thereof ; especially when i consider that they are used only as instruments to promote the malice , and vent the spleene of private jarres and discontents amongst men . the apostle calling in question the wisdome of men , for going to law one with another , is not to bee intended [ as the learned observe upon that place generally to condemne all legall prosecutions , be ause a man may without question maintaine his just rights & priviledges b● law , but onely to reprehend the folly of such , who upon every slight and triviail occasion ( like many in these contention times ) care not to intayle a suite upon them and their posterity ; though in fine they docke their owne intayles without recovery : and justly may actions for words come within the compasse of the apostles exprobration . i doe not condemne all actions for words neither , for it is but equall , that where a mans life , liveliehood ; or reputation ( which is dearer to him then the former ) is much endangered by scandalous words , that in such case the offender should bee inforced by action to make compensation . but that a man should flee to the law out of malice , and make the courts of justice maintainers of every small and vaine brabble , this seemes to me utterly unlawfull and intolerable amongst christians . i cannot but take notice of that which wray chiefe iustice , saith in cookes 4th booke , that though slanders and false imputations are to be repressed because that oftentimes a verbis ad verbera perventum est ; which ●confes tends much to the disturbance of the common peace , and therefore by all meanes possible to bee prevented . yet he saith , that the judges have resolved , that actions for scandalls should not bee maintained by any strained construction or argument , nor any favour extended for supportation of them . and he addes the reason of it , because they doe abound more in these dayes ; then in times past , and the intemperance and malice of men increases ; et malitijs hominum est obviandum ; and further addes , that in our old bookes , actions for scandalls are very rare , and such as are brought , are for words of eminent slander , and of great importance . i is true that the law doth in some cases discountenance these actions , and therefore we have a rule , that words if they admit of a double construction , shall alwayes be taken in the best sence for him that speakes them ( as i shall make evident hereafter ) because usually they are spoken in chollar and passion . this i say the law doth , where the words are amphibolus ; but if the words are clearely actionable , in such case the law will never ayde a man , though they were spoken in the distemper of passion which seemeth very hard and unreasonable . nay which is yet more extreame , if counsell shall but informe the jury of the quality and reputation of the plaintiffe and also make them understand [ if they be capable the true sence and meaning of the words , and the hainousnes of them ; such words , against such a person ; this inforced and prest on by eminent councell , shall make a jury give a hundred pounds dammages , whereas it doth not appeare to them , that the plaintiffe by the speaking of the words was prejudiced one farthing , a case of very great extremity , and worthy of reliefe . and can any man deny , but that this is a countenancing of these frivolous actions : but give mee leave reader , and i will in a word informe you how this may be remedied : and though the malice of men cannot bee stopped , yet their actions may . let no words be actionable which do appeare to have beene spoken in chollar and passion , or if actionable , yet let the plaintiffe recover no more in damage , then hee can upon oath make appeare , that hee was actually damnified by the speaking of them ; and if this were provided by act of parliament , our new bookes would bee as little infested with these frivolous actions , as the old ones are . but i cannot thus baulke that observation of that learned chiefe justice who●ses that in our old books actions for scandalls are very rare , and such as are brought , are for words of eminent slanders and of great importance . this must needs bee acknowledged to be a most exact and true observation , for in searching of the books , i cannot finde that any action for scandalous words was brought before e. 3. time , and so rare then ▪ that i finde but one in 50. yeares of e. 3. and that is sir thomas setons case of justice , for calling of him traytor . felon ; and robber , no frivolous cause of action . and i finde but three actions for words brought in 22. yeares of e. 4. and those for one and the same words , for publishing one to bee the pilleine of i. s. a slaunder of no small importance , neither ; for so long as that base and slavish tenure of pilleinage held ; hee that was a pilleine , was subject both in person and estate , to the will of his lord , so that he might seize all his estate reall , and personall , and vassalize his person at his pleasure , so that he did not kill or mayme him in all the 21. yeares of h. 7. there is not one action that i can find brought for scandalous words . and in 38. yeares of h. 8. our books tell us but of five actions brought for scandalous words ; two whereof were in 27. h. 8. so that i find none before that time neither . the other were in 30. h. 8. and 28. h. dyer . and these for no trifling words ; for you shall finde that one of them was for calling a man heretike , another for saying a man was perjured ; and the other three for calling of one thiefe all of which are high scandals to a mans reputation and most of them tending to the losse of life and fortunes ; so that it is very true that that reverend chiefe justice observed , that these actions were very rare in our old bookes , and such as were brought were for words of emminent slander , and of great importance . but these few have now got such a numerous progeny that i feare we cannot turne over many leaves in our new books , but wee shall finde one of these actions . they began thus to multiply in the queenes time , as wee finde in my lord cockes 4. book , where there is no lesse then 17. adjudged cases together upon these actions . and you may easily judge , they did not abate in king iamses his time ; for ( if i mistake not ) there is no lesse then two and twenty adjudged cases upon these actions in my lord hobarts book . and i am certaine they are not fallen in his majesties raigne that now is ; for i my selfe have reported no lesse then three and twenty judgments upon these actions but from easter tearme in the sixteenth yeare of the king , to trinity tearme in the eighteenth . well therefore might wray chiefe iustice say , that the malice of men doth more increase in these times , then in times past ; and as he saith , the malice of men ought to be with stood as much as may be ; which i am sure the too frequent tollerating of actions of this nature wil not effect , no more then fire can be extinguished by adding fewell unto it . you have heard my advise and direction before , therfore i will here close this with one word , though the tongues of men be set on fire , i know no reason wherefore the law should bee used as bellowes to bow the coles . it is the saying of the prophet david ; i will take heed to my ways , that i offend not with my tongue , i will keepe my mouth as it were with a bridle . it were happy for all men if they could make the like resolution , and keep it . but seeing that wee are but men ; whilest wee carry this lump of flesh and masse of corruption about us , we shall be subject to the like passions and affections that o●●er● have beene before us , and the flesh will rebell against the spirit . and therefore i have provided this treatise upon actions of slander , as a bridle for all rash and inconsiderate ●ongues ; that seeing the mischiefe they may the better know how to avoyd it . and here i shall lay downe this as a generall rule , which i shall by the way as i goe , make good in every perticular . that all scandalous words which touch or concerne a man in his life , liberty , or member or any corporall punishment ; or which scandall a man in his office or place of trust ; or in his call●ng or function by which he gaines his living ; or which tend to the slandering of his title or his disinheritance ; or to the losse of his advance , me it , or preferment , or any other particular damage ; or lastly which charge a man to have any dangerous infectious disease , by reason of which he ought to seperate himselfe , or to be seperated by the law from the society of men : all such words are actionable . and first for the first part of this rule viz. scandalous words which touch or concerne a man in his life ; such words are actionable . if a man call another traitor , felon theefe , or murderer , an action lies for these words , because they call a mans life in question . so it is all one if one shall say of another that he killed or murdered i. s. or that he stole his good● , or that he poysoned him , if it appeare to be intended to be wittingly done , or the like , these words likewise are actionable , as appeares by the bookes in the margent . so if one shall say of another he hath burnt my b●●ne with corne , which is felony , this likewise will beare an action . i have a report of a case which was thus : a servant of one mr. roger brook said of one mis. margaret passey that she sent a letter to his master , and in the said letter willed his master to poyson his wife bridget brooke , and in this case it is , said that upon a writ of error brought in the cnequer chamber it was resolved , the words were actionnable , and the judgement affirmed , which case i confesse i much doubt , because here was but bare advise , and nothing appearing to be done ; like eatons ▪ case in cooks 4 booke . where the defendant said of the plaintiffe that hee gave his champion councell to make a d●ed of gift of his goods to kill him , &c. adjudged that the words were not actionable , because that the purpose or intent of a man without act , is not punishable by the law. and i conceive it will not be like the case , put by tanfi●ld iust. in harris and hixons case , where he saith that to say of another , that he lay in wait to rob or to murder i. s. will beare an action , because that he accuses him of an act viz. the preparation and lying in wait , which is punishable by the law ; but in the former case there is nothing but bare advise , which is not punishable by the law. hawly brought an action upon the case against sydnam for these words ; h● is infected of the robery and murder lately-committed , and smels of the murder , adjudged that the words were actionable , by reason of the word infected . one said of another thou diddest kill a woman great with child , innuendo iocosam vxocem cuiusdam r. s. defunct . and rules by the court that the action wold lie , though that the woman were utterly incertain , because that the offence , and the party intended to commit it , is certaine , and t is not like the case , where one said that there is one in this company ; who hath committed a murder , there it is incertain of whom the words were spoken , and cannot possibly bee ayded by an ( innuendo ) but here the words are actionable without an ( innuendo ) but quaere whether the action would lie or no because there is no expresse averrement that the woman was dead for the ( innuendo ) will not be suffitient . hassellwood brought an action against garr●t for these words ( amongst others agreed not to be actionable ) whosoever is he that is falsest theefe , and strongest in the county of salop , whatsoever he hath stollen , or whatsoever he hath done . thomas hasselwood is falser then hee resolved that these words are actionable , with an averrement that there are felons within the county of salop , but for defan●t of such averrement , the judgement being given in the common pleas was reve●ed in this court. stoner brought an action for words against gambell , and declares that the de●endant dixit deprefato : the plaintiffe thou innuendo , &c. hast stollen my goods ; and upon not guilty pleaded , the iury found for the plaintiffe , and in arrest of judgement it was said , that the count was nought for the words are in the second person , and it is not all adged that the plaintiffe was present at the speaking of them . et tota curia contra , for dixit deprefato , is as much as dixit ad prefatum , for cannot he say thou hast of the plaintiffe , except that it were spoken to him ? and rule was given for judgement . one ●●●mans said of hext , i do not doubt but within two dayes to arrest hext●or ●or suspition of fellony : adjudged that the words were actionable , because that for suspition of felony , hee shall be imprisoned and his life drawne in question . hill. 20. iac. in the kings bench , winch came to the barre and shewed a libell against another in court christian for these words , thou art a witch and dealest with witchery , and diddest procure mother bale to witch the cattell of i. s. and upon this prayed a prohibition , because that the plaintiffe had remedy at law , and by fenner and gawdy iustices the others ab●ent and prohibition lies , because she hath remedy at law. so that their opinion was that an action would lie at the common law for calling of one witch . and in one edwards his case hill. 40 iac , it was said to have been three 〈◊〉 adjudged that to call one witch would beare an action and also that an action would lie for calling ● one hagge but i doubt of the latter because i take hag to be a doubtfull word . but why witch should not beare an action , i know no reason , being t●e life may be thereby drawne in question , though i know it hath beene doubted . marshall brought an action against steward for saying the devill appeares to thee every night in the likenesse of a black man riding upon a black horse , and thou conferrest with him , and whatsoever thou dost aske he gives it thee , and that is the reason thou hast so much money , adjudged the words were actionable . note reader , that by the statute of 10 of king iames cap. 12. conjuration or consultation with the devill , is felony . in the case of hawes mich. 17. of the king that now is , this case was put and agreed by the iudges ; one said of another that hee had received a 〈◊〉 , priest , adjudged actionable , because it is felony , he might receive a romish priest and yet not know him to be so , ( like the cases i have put you afterwards , therefore quere . sir iohn sydenham against timothy man clark i think in my conscience that if sir iohn sydenham might have his will , he would kill all the subjects in england ▪ and the king too , and he is a maintainer of papistry and rebellious persons . these words upon a writ of error in the exchequer chamber were adjudged actionable . it seemes somewhat hard to me reader that words of thoug●t or opinion only should beare an action as here in the former words . and for the latter words , that he is a maintainer of rebellious persons ; they are adjective only , and do not import any act of rebellion in those persons , but only an inclination to it , but of this more hereafter . if a man say of another that he doth like or approve of those that maintaine sedition against the king. i conceive that these words are actionable and sedition is a violent and publique thing , of which he cannot but have notice . this rule was agreed by the iudges in the debate of a case in the kings bench , that many words ( though of themselves they be not actionable yet being equivolent to words that are actionable , will beare on action . and it was said by iones iustice , that in yorkshire strayning of a mare is all one with buggering of a mare and therefore he said that an action will sie for these words , with an averrement that they tantamount to buggering of a mare . note by his opinion in such case there must be an averrement of the m●●●ning or importance of the words . yet my lord hobart hath severall cases adjudged where a man brought an action for welch words , and did not averre what the words did import in english , and yet judgement was given for the plaintiffe , and the court tooke information upon oath by vvelchmen what the words meant in english. and in one of the cases serjeant iohn moore then informed t●● court that judgement had bin given in the kings bench in the case of tu●h upon these words ▪ thou art a healer of fellons without any aver●ement , how the words were taken ; because the court was informed and tooke knowledge that in some counties it was taken for a smotherer of felons . the ca● intended by serjeant moore was i conceive the case of pridham and tucker in the kings bench , where the words were adjudged actionable , without an averrement and in this case ●t was agreed that words may be slanderons in one county and not in another for in norf they know not what healer signifieth , but this being in de●●nshire where this word is used for concealer of theeves , will be actionable . and i take this to be generally true that in all cases where a mans life may be● drawne in question by scandalous words , that such words are actionable . and now i shall cite a case or two , where words spoken which such a mans life , which are by way of interrogation , or by way of hearesay or relati●n ; or lastly by way of negation only and yet will beare an action . it was said at the kings bench barre [ which i heard and observed ] that it had bin adjudged in this court in one appletons case , that where a man said to another where is my peece thou sto●lest from me , that these words were actionable . and iones iustice then said that he remembred this case to be adjudged . a. said that b. told him that c. stole a horse ; but he did not beleeve him , that these words ▪ with an averrement that b. did not say any such thing to a. were actionable . agreeing with this case is the lady morrisons case widdow , who brought an action for words against vvilliam c●de esquier , and declares that she was of good fame , &c. and that henry earle of kent was in speech and communication with her concerning marriage , the defendant pre●●issorum non ignarus , said these words , arsoot hath reported that he hath had the use of the lady morrisons body at his pleasure ; ubi revera arscot did never report it ; and alledges that the earle of kent upon the hearing of these words surceased his suit , by which she lost her advancement . &c. adjudged that the words were actionable though spoken upon the report of another , for otherwise a man might malitiously raise slanderous reports of another , and should never bee punished for it . but in this case tanfield iustice said , that if it had beene expressely alledged , that in truth it was so reported by arscot , then an action would not lie against cade for saying that arscot reported it , because it is true that he did so . and bartley iustice said that an action had bin brought for these words , you are no theefe . in which there was an averrement , which implied an affirmative , and agreed to be actionable , and appletons case was then agreed for law. a. said to is. hast thou beene at london to change the money thou stollest from me ? in this case it was objected , that these words were not actionable , because that they are spoken onely by way of interrogation , and are no direct affirmative . but iones and barily iustices ( the others being absent ) both said that the words were actionable ; for the first words , hast thou been at london , &c. are the only words of interrogation , and the subsequent words , viz. the mony thou stollest from mee , is a positive affirmation ; and ba●tley iust. then said , that it had beene oftentimes adjudged that words of interrogation should be taken as a direct affirmation , which , iones just. also agreed , and further said that this case had bin adjudged . one said to another , i dreamt this night that you stole a horse , these words were adjudged actionable . and he said that if these and the like words should not beare an action , a man might bee as abusive as he pleased , and by such subtill words as these always avoyd an action . and how i will put you a case or two , where words which imply an affirmative shall be actionable . one said of another , he would prove he had stollen his books . in this case the opinion of the court was that the words were actionable , because they imply an affirmative ; and are as much as if hee had said , that he had stollen his books . and so if i will say of another , that i will bring him before a justice of peace , for i will prove that he hath stollen , &c. though the first words are not actionable , yet the last are . whitaer●s brought an action against lavington for these words ; i will prove that whytacre is for sworne , and that ten men can justifie , and i could prove him perjured if i would ▪ adjudged that the words were actionable , for that it is a great slander to be reported that it is in the power of any one to prove one perjured ; and it is as a direct affirmance . it will be proved by many vehement presumptions , that welby was a plotter and contriver of thomas powels death because hee would not sell his land to the said welby ; adjudged the words were actionable . and now i have shewne you the affirmative part , where words which touch or concerne a mans life shall bee actionable . i shall now shew unto you the negative part , where words in such case shall not be actionable . words that touch or concern a mans life may not be actionable in these cases : where they are too generall , or not positively affirmative ; or of a double or indifferent meaning , or doubtefull in sence ; or for that they are incertaine in themselves , or the person of whom they are spoken ; or else by reason of the subsequent qualification of the words , or because they doe not import an act , but an intent , or inclination only to it ; or for that they are impossible , or lastly , because it doth appeare that the speaking of them could be no dammage to the pla●ntiffe , in all these cases the words will not be actionable . and first , words that are too generall , or not positively affirmative , will not bee actionable . to say of a man that he deserves to be hanged ; adjudged not actionable , because they are too generall , for that hee doth not shew any thing that hee hath done to deserve it : and b● yelverton iustice , hee may deserve it for unnaturall using of his parents , and the like , where he shall not bee punished by the law. cooke , lib. 4. f. 15. b. yeomans and hexts case ▪ for my ground in allerton hext seekes my life , adjudged not actionable , because seeking his life is to generall , for which there is no punishment . so if i say of another that it is in my power to hang him , adjudged not actionable , in pr●dham and tuckers case cited before , because the words are too generall . iames steward brought an action against b●shop for saying of him , that hee wa● in warwicke gao●e for stealing of a mare and other beasts , and adjudged , that the words would not beare an action because they doe not affirme directly that he did steale them ; as if he had said that he stole them , and was in goale for it ▪ but onely make report of his imprisonment and the supposed reason of it , and it may very well be , that the warrant of mittimus was for stealing expressely , as is the common forme of making of the kalender of the prisoners for the justices of assize , and the like . georg bla●d brought an action against a. b. for saying that he was indicted for felony at such a sessions ; it was said , that it was questioned , whether an action would lie , because an indictment is but a surmise . but i conceave that it is without question , that no action wil● lie in such case ; because that to say a man was indicted of felony , is no more then to say hee was impeached or accused for felony , which an honest man may bee ; and is no positive affirmation that hee had committed felony , and so it hath bin often adjudged , i will only cite one case in the point . hasselwood brought an action against garret for these words ; i can finde in this parish a falser knave then briscoe is the which briscoe is indicted of felony & burglary , and is gone to stafford goale ; and that false kn●ve is thomas hasselwood , &c. it was adjudged that these words are not actionable because that briscoe might be indicted and yet be an honest man. thou hast laye● in fullers tubbe , in which none come , but those that have the pox adjudged the words were nor actionable , because this is no direct affi●mation that the plaintiffe had the pox. poland brought an action against mason , for saying , i charge him ( meaning the p●aint●ffe ) with felony , &c. adjudged the words were not actionable , because that he doth not affirme that he is a felon , but doth onl● say , that he doth charge him with felony , which he may do in some cases ▪ though he did not the fact ▪ as if a felony were done ▪ and the common fame were ▪ that he did it any one that suspects him may charge him with it . hen●y brought an action against fit●h for these words ; i arrest you for felony : agreed that the words were not actionab●e for this is no positive charge that hee was a felon , and this may bee lawfully done upon a common fame as is said before , thus you see that words that are not directly affirmative wil not beare an action . yet you may see before fol. 7. where words which imply an affirmative only shall be actionable , as to say , that i will prove that you stole my books , or the like , but of this sufficient . secondly , words that are of a double or indiff●rent meaning , the law wil take in the best sence for the speaker , and s● adjudge them actionable , for the rule of law is ( as i have said before ) that verba accipienda sunt in mitiori sensu : yeomans and hexts case cited before , for my land in allerton , hext seekes my life , &c. adjudged these words were not actionable , because he may seeke his life lawfully upon just cause ; and his land may be holden of him , and so in mitiori s●nsu . barham brought an action upon the case against nethersall , and the words were master b●rham did burn my barne , ( innuendo a barue with corne ] with his owne hands , and none but he : and after verdict it was moved in arrest of judgment , that the words were not actionable , for it is not felony to burn a barne , if it be not parcell of a mansion house , nor full of corne ; and in such case agitur civiliter , and not criminaliter : and words must be taken in mitiori sensu ; and the innuendo will not serve when the words themselves are not slanderous . ieams his case , hang him he is full of the pox , i marvaile that you will eate or drinke with him , &c. adjudged that the words wer● no● actionable , because they shall bee taken in mitiori sensu for the small pox and not the french pox. but no●e that in hawtry and miles case cited afterwards it was said by fenner iust : that to say that a man is layd of the pox , will beare an action ; because that is the phrase for the french pox. adrian coote brought an action against adrian gilbert for these words ; thou art a thi●fe and hast stollen a tree adjudged that the words were not actionable ▪ and agreed that there is no difference betweene ▪ and thou hast stollen , and for thou hast stollen ; for in common acceptation ( and ) is to bee understood to be but a verifying and making good of the generall word ( theefe ) and then a tree shall bee understood rather of a tree standing then felled ; which can bee no felony or theft for that a man cannot steale a mans inheritance . so clarke brought an action against gilbert for these words ; thou art a theefe and hast stollen twenty load of my furz adjudged that the action would not lie for the reasons given in the former case . the like law is , if a man say of another that he hath stollen his apples , or his corne , or robbed his hoppe ground , or the like , the law in these cases will adjudge them rather growing , then gathered or cut downe , and so the words not actionable . thus it is evident , that where the words may be taken in a double or an indifferent meaning that the law will ever take them best for the speaker . i shall only put one case more upon this ground and so passe it over . pawlin brought an action against ford for these words , thou art a theevish rogue , and hast stollen my wood. it was in this case said at barre the action would not lie , because it should be construed rather to be wood standing then cut downe , like those cases put before . but bramston chiefe iustice seemed to incline that the words were actionable ▪ because that [ wood ] cannot be otherwise intended then of wood cut down according to the old verse ; arbor du● crescit ▪ lignum dum crescere nescu , and so it was adjourned without more saying . note reader , according to the opinion of bramston chiefe iustice , betwixt litchfield and saunders for the same words , hee hath stollen my wood , to which the defendant demurred , it was adjudged that the action would lie , for tanfield iustice said that the words shall be intended according to the most usuall sence , viz. that it was lignum , and not arbor , as if one say that the plaintiffe hath committed a murder ▪ it shall not be intended that he hath mu●dered a hare , but a man. you may here observe ( reader ) that though words of a double or indifferent meaning ought to be taken in the best intendment for the speaker as i have sufficiently cleared it unto you yet they ought not to be taken contrary to common intendment . for as you shall not straine words to an intent not apparent , to make them actionable , so you must not wr●st them contrary to common intent , to make them no● actionable this is apparent by sanders his case immediatly before , where it is adjudged that to say of another you have stollen my wood , shal● be intended to be lignum , and not arbor , and so actionable , so to say of a man that he hath committed a murder , shall not be understood murdering of a har● , but a man. dame morrison brought an action against vvilliam cade esquier a●d declared that she was of good same , &c. and that henry earle of kent was in speech and communication with her for mariage , the defendant pr●misso um non ignarus said these words arscot hath reported that he hath had the use of the lady morrisons body at his pleasure ; ubi revera arscot never reported it . and further alledges that the e. of kent upon the hearing of these words surceased his suit by which she lost her advancement , the defendant pleaded not guilty , and it was found for the plaintiffe . it was moved by hobart atturney gener●ll that the words were not actionable for this reason amongst others all ruled against him ● because that the words had the use of her body were incertain and of a double intendmen● , and therfore should bee taken in the best sence to have the use of her body as a tailor in measuring ▪ or a phisitian in giving phisick or the like , and not in any worse ●ence . but by popham chiefe iustice the words are actionable , when words are spoken that may have a double intent or meaning , they shall bee expounded according to common intent for otherwise he which intends to slander another , may speak slanderous words , which by common intendment sha●l be expounded a slander and yet no action lie . and here the words hath had the use of her body at his pleasure shall not be intended in any lawfull manner , but licentiously and dishonestly for this is the common intent , with whom all the other justices agreed . thirdly , where the words are doubtful in sence or meaning , there likewise they will not be actio●able . to say that a man smells of a murder lately committed , will not beare an action , because the words are of a dubious sence and intendment . bradshaw brought an action against vvalker for these words ; thou art a filching fellow , and d●ddest ●●lch from vvilliam parson a 100. l. adjudged that the words were not actionable , because that they are of incertaine sence and meaning . so to call one harlot will not beare an action . and upon this ground i conceive ( as i have said before ) that to call a woman hagge , will not be actionable . so to say of a man that he is a healer of felons ; or that he strained a mare as the cases are before put ; will not be actinable , because of their doubtfull sence and meaning without the words be ● spoken to such who knows the meaning and intendment of them . fourthly , where the words themselves are incertaine , or the persons of whom they are spoken , in such case they will not be actionable . a●d first for the incertainty of the words ; that is , when the scandall is not certaine and apparent in the words themselves . note reader that all the cases put before upon the double or indifferent meaning of words are apt to this purpose . as those thou hast stollen my apples , or my corne , or so many load of my furres , or a tree , or the like the words in these cases are not actionable , because the scandall is not apparent and certaine by the words ; for in every of these cases ▪ ●for ought appeares by the words ] the thing said to be stollen might be growing , and then it is a trespasse only and no felony , and to charge a man with a trespasse , will not be actionable . but if the words were , thou hast stollen my apples out of my loft , my corne out of my barne , or my fu●z or wood out of my yeard , in such case the words would be actionable , because the scandall is apparent , for that it is evident by the words they were not growing . edward miles brought an action against francis iacob for these words , thou hast poysoned smith &c. upon a writ of error in the chequer chamber it was adjudged , that the action would not lie , because it did not appeare by the words that it was done wittingly . gibs and ienkins case to say of a man that he boare away money , or the like will not be actionable . a. said of b. that he tooke away money from him with a strong hand , for which , b. brought an action , adjudged that it would not lie . bramstan chief● iustice in the argueing of hawes case , mich. 1● . of this king in the kings bench , remembred this case ; he did assault me and tooke away my purse from me ; and hee said that it was adjudged that the words were not actionable . the reason of these cases , is because that for ought appeares by the words ( which are of them selves uncertaine ) these might be trespasses only , and no felony . againe , where the person scandalized is uncertaine , no action will lie . if one say ( without any precedent communication of any person incertaine ) that one of the servants of b. ( he having divers ) is a notorious felon or traytor , &c. here fore the incertainety of the person no action lyes ; neither can it be made good by an ( innuendo . ) so , if one say generally i know one neere about b. that is a notorious theefe , or the like , no action will lie , for the same reason . so as it is in fleetwoods case in hobarts reports ; if a man say , lookeing upon three persons one of these murdered a man , no action will lie for these words by reason of the incertainety of the person , neither can an innuendo , helpe the incertainety ; and note reader that these cases are not like wisemans case . wiseman of grayes-inne , brought an action against wiseman of lincollins-inne his brother for these words , my brother [ meaning the plaintiffe ] is perjured , and i will justifie it , upon not guilty pleaded , it was found for the plaintiffe , and it was moved in arrest of judgement that the words were not certaine enough to ground an action upon , because the plaintiffe might have more brothers , and it doth not appeare of which of them the words were spoaken , but it was resolved that the action would well lie , because it is alledged that they were spoken of the plaintiffe , and the jury have found accordingly ; and here tanfield iustice tooke this difference ; where the words themselves are incertaine , as to say , one of my brothers is perjured , there they can never be made good by any averrement , but where the words are certaine in themselves , so that it may appeare that the speaker intended a person certaine ; there they may bee made certaine by such a declaration , and the finding of the iury. and it was said that if it were true that there were divers brothers , the defendant should have pleaded it , and then issue should have beene taken , whether the words were spoken of the plaintiffe or no. nor are the former cases like a case which i cited before mich. 2. iac. where an action was brought for these words ; thou diddest kill a woman great with childe , [ innuend ▪ iocosam vxorem cujusdam r. s. defunct ] where it was ruled that though the woman were utterly incertaine , yet because the offence , and the party intended to commit it were certaine , the action would well lie . foxcroft brought an action against lacy and declared that a communication was moved betweene iohn vvalter , and richard guyn esquiers concerning a certaine suit , wherein the plaintiffe and certaine others were defendants , and that the defendant lacy upon the said communication in their presence , spake these words ; these defendants [ meaning the plaintiffe , and the others ] are those that helped to murder henry farrar ( meaning one hen. farrer deceased who was murdered by one t. guldfield , who was hangd for it , adjudged the words were actionable , and that they were as sufficiently layed to entitle every of the defendants to a severall action , as if they had beene specially named , here you see the words may be sufficiently certaine by relation . fifthly , where former words actionable are qualified with subsequent words not actionable , there though the former words spoaken generally , aud by themselves would have maintained an action , yet now , taking altogether , they will not bee actionable . thou art a theefe , for thou hast stolen my apples out of my orchard ; or , for thou hast robbed my hopground , or , for thou hast stollen a tree ; or , for thou hast stollen my furzes ; as i have put you the cases before . or , thou art a theefe , and thou hast stollen my aples out of my orchard ; or , and thou hast robbed my hop ground , &c. [ aud ] and [ for ] have both one and the same signification in these cases , as i have cleered it to you before to be adjudged ; and in all these cases no action will lie . for [ as i have said before ] the latter words do qualifie the former , for the former words say him to be a theefe , but the latter prove him to be no●e . i have given the reason before , because that in all these cases , the law which will alwayes construe words the best for the speaker , will take the apples , hopes &c. to be growing , and then it is trespasse only and not fellony to take them away because felony as i have told you before ] cannot bee committed of that which is parce ▪ of a mans inheritance as these are whilst they are growing . britteridge brought an action for these words ; britteridge is a perjured old knave , and that is to be proved by a stake , parting the land of h. martin , and m. vvright , adjudged that the words are not actionable , because though the former words would beare an action , the latter do so qualifie and extenuate them , that taking altogether they are not actionable for the latter words do explaine his intent , that hee did not intend any judiciall perjury ; also it was impossible , that a stake could prove him perjured , and therefore for the impossibility , and insensibility of the words the action would not lie . sixtly , where the words doe not import an act , but an intent only , or an inclination to it , there such words [ except where they s●and all a man in his function or profession ] will not beare an action . if a man say of another that he is a seditious knave , or a theevish knave ; or a traiterous knave ; these words will not beare an action ; because that the words do not import that he hath done or is guilty of sedition , felony , or treason , but are adjective words , which import an inclination to it only . but if a man say of another that hee is a parjured knave , an action will lie for these words , because that the adjective [ perjured ] presumeth an act committed , or otherwise hee cannot be perjured . besides , adjective words will beare an action ▪ when they scandall a man in his office , function or trade , by which he doth acquire his living , though they do not import an act done . my lord cooke cites this case adjudged , 24. eliz. between philips parson of d. and badby , in an action brought for these words , thou hast a seditious sermon , and moved the people to sedition this day : resolved that the words were actionable , notwithstanding that the first part of the words were utter adjective , and the last words were but a motive to sedition , and it doth not appeare that any thing ensued ; yet because that they scandall the plaintiffe in his function , they were adjudged actionable . so , if a man say of a merchant , that hee is a bankruptly knave , or a bankrupt knave , these words will beare an action , though that the bankrupt bee adjective . or if one say of a merchant , that he will be bankrupt within two dayes , which imports but an inclination , ●y●t an action will lie ; for these scandalls reach to the profession . so if a man say of an officer or judge , that hee is a corrupt officer or iudge , though the words be adjective yet an action lyeth for both causes ; first because the words touch him in his office , and then because they doe import an act done . hob. kep . pag. 12. pl. 17. yardly , and ellill● case , to say of an atorney , that he is a bribing knave , will beare an action , though the words be adjective . words likewise that import an intent only , will not beare an action . the defendant said of the ●laintiffe for he is a brabler & a quarreller he gave his champion counsell to make a deed of gift of his goods to kill me ▪ &c. but god preserved mee ; the book saith , that it was strongly urged , that the action should be maintainable , and divers cases cited , which i will remember unto you . my lady cockeins case for these words ; my lady cockein offered to give poyson to one to kill the child in her body . another betwixt tibets and heyne in glocester for these words : tibots and another did agree to hire one to kill b. also cardinalls case for these words , if i had consented to master cardinall , t. h. had not beene alive . and the lord lumlyes case ; my lord lumley hath gone about to take away my life , against all christian dealing but notwithstanding these cases , the book saith , that upon great deliberation and advisement , it was adjudged , that in the principall case the words were not actionable , because that the purpose or intent of a man , without act is not punishable by the law. my l. cooke in the close of this case sayes , note well this case , and the casue and reason of the judgment . certainly reader there is somwhat more than ordinary in this ( nota be●e ) of my lord cookes ; and the reason of the case seemes to intimate as much unto us ; which is , that the purpose or intent of a man , without act , is not punishable by the law , which is a certain truth . but i conceive it is as true , that where that purpose or intent is manifested by an overt act or attempt that that is punishable . mich. 4. of king iames in a case in the kings bench , this was agreed for law ; to say of a man , that hee lay in waite to assault i. s. with an intent to robbe him , or to murder him , an action lyes , because that hee doth accuse him of an act , viz. the preparation and lying in waite to assault him , but if hee had said that he would have murdered , or would have robbed i. s. an action would not lye , because hee only guesses at his imagination . and in harris and dixo●s case in the kings bench , that case was allowed for law by tanfield iustice , where hee sayd that if one say of another , that hee lay in waite to murder i. s. an action lyes , because such lying in waite is punishable by the law . by this case it should seeme , that to charge a man with an attempt only to commit felony , as to say of a man that hee offered to rob , or to poyson , or to murder i. s. that these should be actionable ; for i think the like punishment is in these cases , as in the former , which i conceive is only the good behaviour , or at most indictable for it , and thereupon fined . and if an action should lye in such case ; by the same reason , to say of a man , that he is a common quarreller , breaker , or perturber of the peace , or that hee is a riotter or the like would beare an action , because that for these likewise the good behaviour is grantable , and likewise a man may bee indicted for them , therefore quaere of the former cases . seventhly , words which are apparently impossible , will not be actionable . benson brought an action against morley for these words ; thou hast robed the church ( innuendo ecclesiam sic alhagi extra , creplegate london ) and hast stollen the leads of the church ; upon not guilty pleaded it was found for the plaintiffe and it was moved in arrest of judgement ▪ that the words were not actionable , because the church shall be intended the universall church , and not any materiall church , and the church militant cannot bee robbed , and so the words are impossible , but by popham , chiefe iustice , and tanfield iustice , the action will well lie , and so it was adjudged , because the words in this case cannot be intended of an invisible church , as is objected , but of a materiall church , as is explained by the subsequent words ; and hast stollen the leade of the church : which cannot bee understood of the invisible church . in this case reader you may observe that it is admitted , that to say of a man that hee ha●h robbed the church ▪ generally will not bee actionable ; because that it shall be understood of the invisible universall church , and so the words impossible , because that cannot be robbed . so , i conceive to say of a man , that he hath robbed a church will be actionable ▪ because this must of necessity be understood of some perticular materiall church . dickes a brewer brought an action against f●nne for these words ; i will give a picke of malt to my mar● , and leade her to the water to drinke , and shee shall pisse as good beere as dickes doth br●w ; adjudged the words were not actionable , because impossible , and therefore they could be no scandall to the plaintiffe . britteridge brought an action for these words , britteridge is a perjured old knave , and that is to bee proved by a stake parting the land of h. martin , and m. wright , adjudged the words were not actionable because that it was impossible that a stake could prove him perjured . lastly , where it doth appeare that the speaking of the words could bee no dammage to the plaintiffe , there likewise no action will lye . the plaintiffe shewes in his count , that the defendant hath a wife yet in life , and that the defendant said of the plaintiffe , thou hast killed my vvife ; adjudged that the words were not actionable , because that it doth appeare by the plaintiffes declaration , that the wife of the defendant was in life , so that by these words the plaintiffe could not bee in any jeopardy nor scandaled , or damnified by them . the like case was put in 〈◊〉 thomas h●lt and taylors case pasch. 5. of king iames ; if one say of a woman . that she hath murdered her husband ; and shee and her husband bring the action , it will not lye , because it doth appeare by the record , that the slander is not prejuditiall . and as when it doth appeare by the record that the speaking of the words could be no dammage to the plaintiffe , no action will lye . so where the speaking of the words might bee a dammage to the plaintiffe yet if the ground of t●at damnification doe not sufficiently appeare by the record , the action will not lye . a br●ught an action against b. for saying that hee kept false waytes by which he did cousen , &c. and declared that hee gained his living by buying and sel●ing , but did not shew of what profession he was ; adjudged that the action would not lye , because it cannot appeare ( without shewing of his profession ) that the speaking of the words could bee any dammage to the plaintiffe . a. brought an action against b. for these words ; thou hast killed my brother [ innuendo g. &c. fratrem , &c. nuper mortuum ) adjudged that the words were not actionable , because the plaintiffe did not averre , that hee was dead at the time when the words were spoken , and if hee were living , then the speaking of the words could be no slander or damage to the plaintif ▪ so where a man brings an action for welsh words or the like which are scandelous , and doth not aver , or set forth that they were spoken to one who understood the meaning of them , the action will not lye , because it doth not appeare by the record , that the speaking of the words could be any damage to the plaintiffe . for if they were spoken to one that did not understand the meaning of them , no action would lie , because they could bee no scandall to the plaintiffe . and now i shall adde to the rest , only this one ground where words shall not be actionable , and that is in this case . vvhen a man is charged with a crime or offence by scandalous words , where it doth not appeare by the words , that he had notice or knowledge of the ground or occasion of the crime or offence in such case no action will lie for such words . bridges brought an action for those words he ( prefat bridges innuendo ) is a maintainer of t'heeves and he keepeth none but theeves in his ●ouse , and i will prove it , upon a writte of error in the chequer chamber , it was holden the words were not actionable , because he might maintaine theeves without notice , and therefore the first judgement was reversed . like the case in my lord hobarts booke where an action was brought against another , for saying that the plaintiffe kept men which did robbe upon the highway , adjudged that the words would not beare an action , because that he might keepe them and not know them to be such persons . in the case of reade and saule which was mich. 40. e● 41. of the queene , this case was remembred by walmesley iustice ▪ a man brought an action in that court for these words he [ meaning the plaintiffe ] is a receiver of theeves , and he said that in this case the plaintiffe could have no judgement , because that he might receive theeves , and yet not know them to be so . a. said of b. that he kept false waites for which b. brought his action ; adjudged that the action would not lie , because that it did not appeare that he did use them ; and besides , for that hee might keepe false waites , and not know them to be so . the case of miles and iacob cited before is likewise to this purpose , where an action was brought for these words , thou hast poysoned smith , adjudged that the words would not beare an action , because that it did not appeare that he did it wittingly . stanhop brought an action against blith for these words ; mr. stanhop hath but one mannor , and that he hath got by swearing and forswearing , resolved that the words were not actionable , for this reason amongst others ] for that hee might recover or obtaine a mannor , by swearing and forswaring , and yet he not procuring or assenting to it . and now i am come to the second part or clause of that generall rule layed downe before , where i am to shew you . that scandalous words which touch or concerne a man in his liberty will beare an action . by the bookes in the margent the law is plaine , that if i publish and claime b. to be my villeine , that in such case no action will lie , because i my selfe claime an interest in him , and the law will not in such case punish a man ; for then no man durst claime his owne for feare of an action . but upon these bookes i conceive the law is evident , that if a man had published another to be the villein of i. n. that in such case an action would have layne , because these words tend to the inslaving of him and his posterity , and to the utter deprivation of his libertys , which the law so much favours , for , as it is well knowne , he that was a villaine , he was subject both in person and estate to the will of the lord , so● that he might seize all his estate reall and personall , and vassalise his person at pleasure , so that he did not kil or maime him . but i conceive that at this day an action in such case will not lie , because that time and inconvenience hath quite abolished and worne out this bondage , our books have little upon this ground therefore i shall thus passe it over . scandalous words which touch or concerne a man in member , or in any corporall punishment , will beare an action . a man brought an action for calling him theefe , and that he had stollen 2. sheepe from b. the defendant justifies the calling of him theefe , for that the plaintiffe did steale the sheepe ▪ and it was good by the whole court , without expressing the value of the sheepe , for if they be not worth twelve pence , so that it is but petty larceny , and not capitall , yet it is fellony in its nature . by this it is evident , that to say a man hath stollen six-pence from b. will beare an action , though it be but petty larceny , because the offender by law may be imprisoned and whipt for it . if a man say of another that he is perjured , or that he hath forsworne himselfe in such a court , an action will lie for these words . for by the statute of 5. eliz. cap. 9. a man convict of perjury forfeits 20. l. and is to have six moneths imprisonment and his testimony taken away while that conviction stands ; and if hee have not goods and chattels to the value of 20. l. then he is to be put in the pillary , and his eares to be nailed , so that you see here is an immediate corporall punishment given by this statute , which is imprisonment . and if a man say of another that hee can prove him perjured , an action will lie , though it be but an implied affirmative . hearle against tresham thou hast taken a false oath in the session of , &c. resolved the words were actionable , for the court shall intend this to bee a court of record , as records of which they ought to take conusance . adams against flemming , he hath forsworne himselfe before the counsell of the marches of vvales in the suit i had against him there for perjury ; adjudged actionable . in lelicke and vvrinskemores case mich. 7. of king iames in the kings bench , one cossimans case was cited , which was thus , thou wast forsworne in such a bishops court , it was said that these words were adjudged actionable , & so it was agreed by the court. it was moved by williams in arrest of judgement for these words , thou art a forsworne knave , thou wast forsworne in ilcon court ( innuendo the court leete there holden ) it was agreed that the ( innuendo ) should not stretch the words further then they were spoaken : and vvilliams put this case , which was in the kings bench , thou art a forsworne man thou wert forsworne in white church court , which was affirmed by all the serjeants to be adjudged not actionable which case i conceive , cannot bee law , because it is adjudged ( as i have put the case before ) that if one say of another that he hath forsworne himselfe in such a court , that the words are actionable , and in this case judgement was given accordingly . if a man say of a woman that shee hath a bastard , an action wil lie for these words , because that shee is punishable by the statute of 18. of the queen cap. 3. at the discretion of the iustices , who alwayes inflict a corporall punishment upon them , as imprisonment , whipping or the like . morgan and rookes case morgan said of the wife of rookes shee is a bawde , and keepes a bawdy house , adjudged that the words were actionable , upon a writ of error brought by morgan : to reverse the judgement given in the common pleas , and judgement was affirmed . chambers and his wife against ryly for the same words ; chambers his wife is a bawd , and keepes a bawdy house . adjuded the words were actonable , and in this case it was agreed that to say of a woman shee is a bawde , will not beare an action ; because shee is not punishable by the law for it , but to say of her that shee keepes a bawdy house , will be actionable , for that shee is punishable by the law for keeping a house of bawdry . a prohibition was prayed , because that elizabeth thorne had libelled in court christian against turnam for defamation for these words , thou art a bawde and dost keepe a bawdy house , and it was granted by the whole court , because that an action lies at common law for these words . the reason why an action lies in these cases , is , because the party may be indicted for keeping of a bawdy house ; and if shee be thereupon convicted , shee shall be imprisoned and most ignominiously carted , which are corporall punishments . if a man say of another that hee hath forged a leafe , obligation , release , or accquitrance , or the like , an action will lie for these words : because that by the statute of 5. of the queene cap. 14. there are great and grievous corporall punishments inflicted upon such offenders , if it bee to disturbe a title , the punishment is the greater , but if onely in the cases aforesaid , the offender is to be put in the pillory , one of his eares to be cut off , and to bee imprisoned for a yeare . hawes brought an action for these words ; my cousen hawes hath spoken against the booke of common prayer , and said it is not fit to bee read in the church . heath iustice was of opinion that the words were actionable , though the offence be● onely against a penall law , for the statute of 1. of the queen cap. 2. gives a penalty only for speaking against the booke of common prayer ; but in default of payment thereof imprisonment . and hee held that all scandalous words , which if they were true , would make a man lyable either to a pecuniary or a corporal punishment , would beare an action . but mallet iustice , and bramston chiefe iustice were of a contrary judgment , and their reason was because that if this should be law , it would be a great occasion to increase and multiply actions for words , which the law labours to suppresse as much as may be for then all words spoken of any man , which if they were true would subject him to a penalty , either by the common , or the statute law would beare an action , as to say of a man that hee hath erected a cottage , or committed a ryot or the like , would be actionable , which the law will not suffer for the reason aforesaid , and judgment was given accordingly . mallet justice in the arguing of this case said , that there was an action then pending in the common-pleas , for calling of a man recusant , and hee said that his opinion was , the action was not maintainable , i never heard what became of that case , but i conceive the law to bee with justice mallet ; for though there bee many penalties and forfeitures provided by statutes against recusants , yet no corporall punishment is given by any of them ; no not after conviction . thorneton brought an action against iobson , and layed that he was a carrier , and of good same , and that the defendant said of him , that hee was a common barretor . in this case the booke sayes , that the court was of opinion , that if these words were spoken of a justice of peace , or publike officer , or of an attorney , or the like , that they would beare an action ; by which it is evident the court did incline against the action in this case . in an action upon the case for words , the words were , i am sorry for thy wife and children , thou art a common barretor , and i will indict thee for it a● the next assizes , &c. adjudged the words were not actionable , and by yelverton justice , the action will not lye for saying that , hee is a barretor , no more then for saying that he is a riotor , a peace breaker , or the like , and an action , will not lye for saying , that a man is a rogue . to say of an attorney , that hee is a champertor , will beare an action . but i conceive upon the case aforesaid , that to say of one , who is no attorney , justice of peace , nor other publike officer that he is a champertor , or a common maintainer of suites , will not be actionable , nor is it actionable in case of the atorney to say that he is a common maintainer of suites . the reason of these cases may bee , because that though any man may bee indicted for being a common barretor , champertor , or maintainer of suites , and thereupon fined and imprisoned ; yet the punishment is only the fine , and the imprisonment as a consequent or incident thereunto . and as it is said before in hawes case , if an action should lye in these cases , then in all cases , where a man shall charge a man with a crime or offence , for which a man might be indicted and fined , an action would lye ; which would occasion multitudes of suites of this nature , that the law labours so much to suppresse . and now i have shewn you what words , which touch or concerne a man in member , or any corporell punishment , will beare an action . i shall in the next place shew you what words in such case will not be actionable ; and that may be in these cases , either by reason of the doubtfull or indifferent meaning of them ; or of the incertainty of the words themselves , or of the persons of whom they are spoken , or of the subsequent qualification of them ; or upon the other grounds and reasons which i have layd downe before . for we must know ( that i may speak once for all ) that all those grounds which are before set downe , wh●re words shall not be actionable , which touch or concerne a mans life ; will agree with all actions for words whatsoever , whether that the words touch or concerne a man in corporall punishment as before ; or in his office or place of trust or in his calling or function by which he gaines his living , or the like , as is manifested likewise in part before , and shall bee more fully hereafter ; but to the point , what words in this case wil not be actionable . box and barnabies case cited before , to say of an attorny , that he is a champertor , will beare an action . but to say that he is a common maintainer of suites , will not b●are an action , for there is maintainance lawfull and unlawfull ; an attorney may , and ought to maintaine his clyents cause ▪ and an attorney may well bee said a common maintainer , because he is common to as many as will retaine him , thus you see , words of a double intendment , shall be taken best for the speaker , for the words in this case shall not bee intended of any unlawfull maintenance , but of a lawfull maintaining of his clyents causes . stanhope brought an action for these words . master stanhope hath but one mannor , and that hee hath gotten by swearing and forswearing : adjudged the words were not actionable , for this reason [ amongst others ] because , that for ought appeares hee might bee forsworne in ordinary communication , and not in any juditiall proceeding , which is not punishable by the law , and where the words are of an indifferent meaning , the law will ( as is said before ) take them the best for the speaker . smith brought an action for these words ; thou art forsworne , and hast taken a false oath at hereford assizes : by the opinion of iones , and bartley iustices [ the other justices absent ) the action will not lie , because that hee might be forsworne in ordinary communication , otherwise if hee had said that he had taken a false oath in the assises , for there it shall be intended that he forsworne himselfe in a juditiall proceeding . in a case that i have cited before , which was mich. 41. & 42. of the queene in the common pleas ; this case was remembred by willi●ms , thou art , &c. thou wert forsworne in the kings bench , he said that in this case the plaintiffe could have no judgement , because of the double intendment of the words , for they may bee taken that he was forsworne either in the court or the prison , and the best shall be taken for the speaker , viz. that he was forsworne in the prison . weaver brought an action against cariden for these words , he is detected for perjury in the starchamber , adjudged that the action would not lie , because that an honest man may be detected , but not convicted , and every one who hath a bill of perjury exhibited there against him is detected ▪ here the words do not positively affirme him to be perjured , and therefore not actionable . thomas brought an action against axworth for these words ; this is iohn thomas his writing , he hath forged this vvarrant ; adjudged the action would not lie . harvy brought an action against duckin , for saying that the plaintiffe had forged a writing , adjudged that the words were not actionable , the reason of these cases , is because of the incertainty of the words , vvarrant and writing ▪ and as i have given you the rule before , the scandall must bee certaine and apparent in the words themselves , otherwise they will not be actionable . by tanfield iustice in wisemans case cited before , if a man say that one of his brothers is perjured no action will lie , because of the incertainty . in the case which i put you before , moved by williams , mich. 41. & 42. of the queene in the common pleas , this case was remembred by walmseley iustice , one of you forged a sub-p●na out of the chancery ; ( innuendo the plaintiffe ) he saith that judgement was stayed in this case ; because he which is greeved ought to be certainly defamed and the ( innuendo cannot make the words more certaine here likewise you have examples ▪ that where the person is incertaine that is scandalised , no action will lie . powell brought an action against winde for these words , i have matter enough against him , for mr. harley hath found porgery , and can prove it against him : resolved the words were not actionable , because they were too generall and utterly incertaine . britteridges case cited before , britteridge is a perjured old knave , and that is to be proved by a stake parting the land of h. martin , and master wright adjudged the words were not actionble because of the subsequent words which extenuate the former , and explaine his intent , that he did not intend any juditiall perjury , and because that it is impossible that a stake should prove him perjured , here you have words that are not actionable by reason of the qualification of the subsequent words , thus you may see , that the grounds formerly laid downe , may serve as a touchstone for all cases of scandalous words . the third part of that rule or ground which i have laid downe before , and which i am now to handle is this . that scandalous words spoaken of a man , which touch or concerne a man in his office , or place of trust , will beare an action . skinner a manchant of london said of manwood chiefe baron that hee was a corrupt judge , adjudged the words were actionable . stucley a justice of peace brought an action for these words , mr. stucley covereth and hideth felonies , and is not worthy to be a iustice of peace , adjudged the action would lie , because ▪ it is against his oath , and the office of a iustice of peace , and good cause to put him out of commission , and for this he may be indicted and fined . pridham and tuckers case , to say of a constable that he is a concealer of fellons , adjudged actionable . stafford iustice of peace brought an action against poler for these words ; william web being arrested as accessory for stealing his own goods , master stafford knowing thereof discharged the said vveb by and agreement of 3. l. 10 which master stafford was party , whereof 30. s. was to be paid to master stafford , and was paid to his man by his appointment upon a vvrit of error brought in the chequer chamber , it was holden the words were actionable . cotton iustice of peace brought an action against morga● for these words . hee hath received money of a theefe that was apprehended and brought before him for stealing of certaine sheep ▪ to let him escape , and to keepe him from the goale , adjudged the action would lie . morris gilbert iustice of peace brought an action against adams for these words ; mr. gilbert hath done me wrong in returning the recognizance of podger in 20. l. where it was taken in tenne , and the suerties in 10. l. a peece by the whole court , the words are actionable . if a man say of a iustice of peace , that he is a common barret or , champertor , or maintainer of suites , the words are actionable . carre brought an action against rande for words , and declared that hee was steward to divers great lords of their court barrons , and of the leetes with in their mannots , and that he was steward of one a. of his court barron and of the leete within his mannor , the defendant of this not ignorant , said these words mr. carre hath put a presentment into the iuries verdict against me of 3s . 4d . for sueing of peter vvest forth of the court contrary , &c. without the consent of the iury by the whole court the action lies , because he doth accuse him of falsity in his office ; but by the better opinion if he had not alledged in his count that he was steward , the action would not have layen . sir george moore brought an action against foster for scandalous words , and sets forth that he was a iustice of peace in the county of surrey , and that there was a suit depending in chancery betwixt the defendant , and one richard king , and that a commission was awarded to sir george moore and others , to examine witnesses in the said cause , and also to heare and determine it , and that he with the others , dealt in the execution of the said commission , and that the defendant said of the plaintiffe these words ▪ sir george is a corrupt man , and hath taken bribes of richard king ; and at another time , king hath set sir george moore on horseback with bribes , where by to defrande equity iustice and good conscience , resolved that the words were actionable ; because that though the plaintiffe bee neither officer ●or iudge , nor is sworne yet because it is a place of great trust reposed by the king in the plaintiffe , and for that he is punishable for bribary or corruption in the execution of the said commission , in the court out of which it issues not deserving ( if the words were true ) to be imployed in the like commission or any other , for these causes the words were held to be actionable , and popham chiefe iustice in this case made no difference , where the commission issues to one , and where to many ; nor where they are nominated by the court , where by the party , for in the first case ( he said ) the confidence of the court is all one ; and in the last , though that they be nominated to the court ; by the party , yet they shal not be commissioners without the approbation of the court. sir richard greenefield brought an action against furnace for these words thou ( innuendo captaine greenfield ) hast received money of the king to buy new saddles , and hast cousened the king , and bought old saddles for the troopers . it was objected that the action would not lie , and it was likened to these cases , which i will cite , because they are worth the knowing . 8. car. the major of tivertons case ▪ one said of him that the major had cousened all his brethren , &c. adjudged not actionable . 9. iac. in the kings bench , the overseer of the poore hath cousened the poore of all their bread , this was likewise said to be adjudged not actionable ; but i doe some what doubt of this case , because the words doe scandall the plaintiffe in his office of overseer , but to this it may be said that this is an office of burden and trouble , and not of profit . 26. of the queene in the kings bench ▪ kerby and vvalters case , thou art a false knave and hast cousened my two kinsmen , adjudged the words were not actionable . 18. of the queene in the kings bench ; serjeant fenner hath cousened me , and all my kindred , adjudged the words would not beare an action . out of which cases , wee may ( by the way ) observe this for law ; that if a man say of an other ( without any precedent communication of his office , place of trust , or profession ) that he is accusening , or a cheating knave● , or that he hath cousened any man thus and thus , that no action will lie for such words generally spoken , otherwise if they be spoken in reference to a mans office , place of trust , or profession . and in the principall case it was resolved by heath iustice , and bramston chiefe iustice , ( the other iustices being absent ) that the action would lie ; because the words did scandall him in his place of trust , and they said it was not materiall what imployment the plaintiffe had under the king , if by the speaking of these words , he might be in danger of loosing his trust or imployment . bray brought an action against hayne and declared that where he had beene bayly to sir vvilliam m. kt. for three yeares last past of his land in c. and had the selling of his corne and graine , the defendant said these words unto him , thou art a cousening knave , and thou hast cousened me in selling false measure in my barley , and the country is bound to curse thee for selling with false measures , and i will prove it , &c. adjudged the words were not actionable , for every falsehood charged upon a man in his private dealing will not be actionable . and in this case it doth not appeare that these words were spoken of any sale of corn whilest he was in his office of bayliffe , nor of his masters corne , nor to the damage of his master . but it was agreed in this case , that if he had beene a common rider or badger , and had beene charged with selling false measure , it would have borne an action ; which is evident , because it is a slander to him in his function by which he gaines his living . and my lord hobart puts this case ; if a man [ saith he have a bayliffe , to whom he commits the buying and selling of his corne and graine , and gives him the greater wages in respect of that trust and imployment , and charges him to have deceived him in his office , by buying and selling of false measure , to his losse or damage ▪ this will beare an action , because this discredits him in his office , and may not only , because to put him out of that service but to be refused of all others ; this case is evident reader , because the words doe charge him with selling with false measure , whilst he was in his office. in the debate of sir george moore , and fosters case before cited , these cases were put by vvilliams iustice , if one say of an arbitrator that he hath done corruptly , and hath taken bribes , no action will lie , the reason may be , because being chosen by the parties themselves , and not being sworne , such corruption is not puni●hable by law , nor can the countermaunding of his power be any damage to him . but if a man say of a wayer in a market or faire appointed to way betwixt the buyer and seller , that he hath done corruptly , and hath taken bribes to make false waite , an action lies for these words , because hee is an officer . miles fleetwood generall receiver of the court of wardes for the king , brought an action against curbey for these words ; mr. deceiver hath deceived and cousened the king , and dealt fals●y with him , adjudged the words were actionable . the like case , where one said of an auditor , that he was a frauditor , was adjudged actionable . an action was ●rought for calling of the plaintiffe false justice of peace vil his similia . i do conceve that thesewords are not actionable because , though they doe re●●ect upon his office , yet they are too generall . but the booke saith that these words ( his similia ) were ordered to be expunged or drawne ou● of the booke , for the incertainty ; and well they might indeed ; for certainly if a man shall bring an action against another , and shall declare that the defendant said of the plaintiffe that hee was a rogue and a theese , or words like these , or to this effect , the action will not lie , because the words upon the very face of the declaration are utterly incertaine . the law affords very few cases , ( reader ) where words shall not be actionable that scandall a man in his office or place of trust upon those grounds which i have formerly layd downe . but note this , that all those grounds ( as i have said before ) are as a touchstone for all actions for words whatsoever , and therefore if you meet with scandalous words , which touch a man in his office or place of trust , examine them by those rules , if they be too generall or not s●fficiently possitive , or if of a double intendment , or doubtfull in meaning , or incertaine in themselves , or the person of whom they are spoken , or the like in such cases they will not be actionable , and therefore those rules ought especially to be observed . the fourth part of that generall rule which i have laid downe before , and which in course i must now speake of , is this . that words spoken of a man , which scandall him in his profession or function by which he gaines his living , will beare an action . yardleys case , there being a communication or discourse of him in his profession of attorney , one said that hee was a bribing knave . boxes case , one said of him , being an attorney , that he was a champertor . byrchlyes case an attorney ; there being speech of his dealing in his profession one said to him , you are well knowne to be a corrupt man , and to deale corruptly adjudged in all these cases ; that the words , because they scandall a man in his profession by which he doth acquire his living , were actionable . so , by the opinion of the court , in thornton and iobsons case cited before , to say of an attorney that he is a common barretor will beare an action . dawtry an attorney in the court of ipswich brought an action against miles for these words ; dawtry is a knave and a cousening knave , and hee did take fees of both hands in a suit betweene me and greene , and by knavery suffered me to be condemned at ipswich at greens suit willfully being attorney for me . the only words held considerable in this case were these ; the defendants saying that the plaintiffe tooke fees of both hands , and whether this would amount to as much as if he had said the plaintiffe was an ambidexter was the question . popham and yelverton , iustices that the action would not lie , because that the words in this case may have a double intendment , for it may be intended that hee tooke fees with both hands lawfully , but if he had said that he was an ambidexter , an action would lie , for this is vox artis , and cannot bee otherwise intended . fenner and williams iustice ▪ that the action would lie , for that the words amount to as much as ambidexter , and are the english of it & a direct affirm●tion and no metaphor , if a man say of another that he hath the pox , no action will lie , because it shall be intended the small pox ; but if a man say of another that he hath beene laid of the pox , there an action will lie , because it is the phrase for the french pox. i do rather incline to the latter opinion , because ( as hath beene said ) these words are but the english and proper meaning of ambidextery ; and to construe them to a taking fees with both hands would be to make a construction against the expresse meaning of the words ; which i conceive the law will not permit ; and the rather as this case is , because that hee doth charge him with knavery in suffering of him wilfully to be condemned in a suit , being his attorney : i do not find any judgement in the case , therefore i shall leave it to the juditious reader . philips parson of d. brought an action against badby for these words thou hast made a seditious sermon , and moved the people to sedition this day : in this case , notwithstanding the first part of the words were utterly adjective , and the latter were but a motive to sedition , and it doth not appeare that any thing ensued thereof ; yet because they scandaled the plaintiffe in his function , it was resolved that they were actionable . if a man say of a merchant that he is a bankrupt , or that he will be a bankrupt within two dayes , the words are actionable . edmunds a marchant brought an action against whetston for these ; words he would prove that master edmunds had beene a bankrupt , and had agreed with his cred●itors for a noble in the pound . it was moved in arrest of judgement by hucham that the action would not lie , because that the speech referres to a time past , and though that he were once a bankrupt , yet it may be now that he is of credit . but it was resolved that the action would lie , because that it was an impeachment of his credit for if he were once a bankrupt , every man will be the more suspitious and feareful● of him . a marchant brought an action for calling of him cousening knave ; by iones and barkley , iustices [ the other justices absent ] the action will not lie because that the words are too general . but if they had touched him in his profession they would have borne an action . and therefore to call a marchant bankrupt , will beare an action ; but to say of a lawyer that he is a bankrupt , will not be actionable the reason may be , because that a lawyer cannot bee a bankrupt , for that he doth not acquire , his living by buying and selling as the statutes speake . iones iestice in the former case put this case . there being a communication of serjant heale in his profession one said of him these words , he hath undone many , adiudged that the words were actionable , because they touch him in his profession . a. shoomaker brought an action against one for calling of him bankrupt adjudged upon a writ of error in the chequer chamber , that the action would lie . axe a dyer brought an action against moode for these words , thou art not worth a groat , and averres that in such a place , where they were spoken they have the common acceptation , and are equivalent to the calling of a man a bankrupt , resolved that the words of themselves were not actionable , because that many men in their beginnings are not worth a groat , and yet their credits are good in the world . and that the averrement was idle and could not make them actionable , because that the words have a plaine and proper significant meaning of their owne , and therefore cannot be taken in another sence or meaning . a journeman and foreman of a shoomakers shop brought an action for these words , it is no matter who hath him , for he will cut him out of doores ; and averres that the common acceptation and intendment of these words , inter calceareos , is that he will begger his master , and make him run away ; and averres a perticular damage by the speaking of them , resolved that the action would lie , note reader , here the averrement is good , because the words cutting out of doores , are of a doubtfull meaning and intendment , and so may be aided by an averrement , so that the difference betweene this and axes case cited before , is evident . knightly an attorney brought an action against childoner for these words spoken to his sonne ; my father was not cast over the barre as thy father was ; the parties were at issue , and in this case walmesley iustice said that he conceived the words were not actionable . box and bar●abies case before , the defendant said of the plaintiffe being an attorney these words ( amongst others which were held actionable ) that hee would have him throwne over the barr the next tearme : in this case ( agreeing with the opinion of walmesley before ) the opinion of the court was , that these words were not actionable , because of the incertaine sence and meaning of them . dickes a brewer brought an action against fenne , and declares that the defendant having communication with some of the customers of the plaintiffe concerning him in his profession , said these words of him ; i will give a peck of malt to my mare , and lead her to the vvater to drink , and shee shall pisse as good beere as dicks doth brew ; adjudgeed the words were n●t actionable , because that they are comparative only ; and besides they are impossible , and therefore , they can bee no scandall to the plaintiffe . in this case , it was said by rolls serjeant that it had beene adjudged actionable , to say of a brewer that hee brewes naughty beere ; which was agreed by the court , because that he is presentable in a leete for it . and likewise in this case it was said by bartley iustice that where one said of a lawyer , that hee had as much law as a munkey , that these words were adjudged not actionable because that he hath as much law & more also then the monkey hath , but if hee had said that he had more law then a monkey , these words would be actionable . one said of a counseller at law , that he was a concealer of the law adjudged actionable . sanderson and rudds case the plaintiffe being a lawyer and standing for the stuardship of a corporation , the defendant said of him that he was an ignorant man ; the court in this case inclined that the words were actionable . snag a counceller at law brought an action against peter gray for these words ; goe yee to him to be of your counsell , he will deceive you , he was of counsell with me , and revealed the secrets of my cause . adjudged the words were actionable , because that this cannot be intended of a lawfull revealing to the iudge by way of motion before whom it was tried , for this were a commendation for him , but the words are to be taken as they were spoken , that is , conjunctim , and uno halitu , and then his intention appeares contrary , for he said before , he will deceive you , &c. also the plaintiffe declared that they were spoken malitiose : and these words revealed the secrets , &c. are to be intended revealed to those from whom they ought to be concealed , and every man is to make the best of his cause , and therefore secreta sua non sunt revelanda ; and also the words touch the plaintiffe in his art and science , which requiers men of great trust & confidence , and so the words before being spoken in derogation of the confidence and fidelity of the plaintiffe , are a great slander to him ; for these causes judgement was given for the plaintiffe . vpon this case i do conce●ve , that to say of a lawyer generally that hee revealed the secrets of his clyents cause will beare an action . one said of a doctor of phisick that he was a monntebanke an empericke , and a base fellow ; adjudged the words were actionable . paine brought an action upon the case for words and shewed how that he was a farmer and used to sow his land , and to tell the corne upon it , and by this per majorem partem he maintained his family : and that the defendant said these words of him , he keepes a false bushell by which hee doth cheat and cousen the poore , and averres the losse of his custome by the speaking of these words . in this case it was moved by gotbolt serjeant in arrest of judgement that the words were not actionable , because it doth not appeare that the plaintiffe kept a false bushell s●ienter , knowing it to be false . but it was resolved that the words were actionable , for ( as this case is ) it must of necessity be taken that hee kept a false bushell , knowing it to bee false , for otherwise it could be no co●senedge . and this case plainly differs from the case where an action was brought for saying that the plaintiffe kept false waites generally , without further saying in this case the words were adjudged not actionable , because that it doth not appeare that he used them , or knew them to be false . the fifte part of that generall rule , which i have laid downe before , and which now i am in course to speake of , is this . that words spoken in scandall of a mans title , or which tend to a mans disinheritance , will beare an action . henry mildmay brought an action against roger standish for saying and publishing that certaine land was lawfully assured to one iohn talbot & oliffe his wife for a 1000. yeares , and that they of the interest of the tearme were lawfully possessed , whereas in truth there was no such matter , and so for slandring of the estate and title conveyed to his wife by certaine indentures , and shewed all in certaine , and how hee was prejudiced by the said words , he brought the said action . the defendant pleaded a proviso in the same indentures and the said limitation for 1000 yeares , according to the said proviso , as he pretended ( whereas in trueth the said limitation was void in law ) by force of which he saith that the said oliffe had an interest for a 1000 yeares , and so justified the words , upon which the plaintiffe demurred : adjudged that the action would well lie ; though that the said iohn talbot and oliffe his wife had such a limitation de facto for a 1000 yeares , which occasioned the defendant being unlearned in the lawe so to publish it , yet for that he hath taken upon himselfe notice of the lawe , and medled in that which did not concerne him , and hath affirmed and published that oliffe had a good estate for a 1000 yeares in slander of the title of the plaintiffe and to his preiudice , for this cause judgment was given for the plaintiffe . sir thomas gresham knight brought an action against robert gunsley clark , and shewes how his father was seised of divers mannors and lands . and amongst them of the mannor of tittesey , which he did by his will amongst other lands devise to beatrice his wife for life , the remainder to the plaintiffe and the heires males of his body begotten , and had issue william gr●sham his eldest sonne , and the plaintiffe the younger , and dyed , and that william after this death confirmed to thomas his estate , and that beatrice died , and the plaintiffe entred into the said manour of tittesey . and further shewes that william had issue elizabeth his heire apparent , and that the plaintiffe had a wife and sonnes and daughters ; and that he had an intent to conveye some of his lands to his wife for her ioynture , and some to his sonnes and daughters for their advancement and to exchange parcell with others , and to make a lease of another parte , but doth not shew to whom , and that the defendant premissorum non ignarus in derogation of the title and estate of the plaintiffe , said these words to the plaintiffe . as i before said to your wife , i say now that your brother was afoole and never borne to doe himselfe any good , for that he could not hould his hands from ratefying and subscribing to his fathers will : bnt yet notwithstanding i have that to shew in my house that if his heire doe not any such act as hee hath done , it shall bring her to inherit tittesey , by which words he saith , that hee was hindred in the conveyances aforesaid . in this case it was resolved that the action would not lie , first because that the words themselves are not scandalous to the title of the plaintiffe : the words considerable are onely these , that he had that in his house , &c. that shall bring her [ that is the daughter and heire of william ] to inherit tittesey ; which is apparently feasible , for the plaintiffe being donee in taile of the guift of his father , the daughter and heire of the eldest brother is inheritable to the revertion in fee ; and so no prejudice to the plaintiffe , to say he hath that which shall bring her to inherit . besides the action will not lie because that he doth not shew any special damnification by the speakeing of these words as that he was upon a sale of these lands to i. s. who by reason of the speaking of these words refused to buy them , or the like ; and in this case , here was nothing but a purpose or intent of conveying some of these lands . and popham iustice said , that there is a difference when a man declares his opinion of the title of another to land this is nothing , and he shall not be punished for it , but if he doth so publish it , that it comes to the hearing of any one that intended to buy the land in such case an action lies , but he must shew specially in his count in what he was damnified , otherwise the action will not lie . banister brought an action against banister for that the defendant said of the plaintiffe ( being sonne and heire to his father ) that he was a bastard , resolved that the action would lie , for this tends to his disinherision of the land which discends to him from his father . but in this case it was resolved , that if the defendant pretend that the plaintiffe was a bastard , and that he himselfe was next heire , there no action lies . so if a man say that another hath noe right to land , an action lies ; but if a counseller say that his client hath the better right , this will not beare an action . mich. 3. jac. in the kings bench per curiam , if one say to me that i am a bastard , if i have land by discent , i shall have an action upon the case , and thought that i have land by discent , and this tends to my disinheritance , if i sue in court christian for it , a prohibition lies , because that the tryall there may be to my disinheritance . and if one say to another that hee is base borne , an action will not lie , for the words shall be taken in meliori sensu . and if one say to his sonne that he is a bastard , or a leaper , hee shal not have an action neither in court christian , nor at common law. sir gilbert gerrard brought an action against mary dickinson , and declares how that he was seised of certaine lands in fee , and that hee was in communication to demise them to ralph egerton fot 22. yeares for 200. l. fine and a 100. l. rent per annum , and that the defendant ( premissorum non ignara ) said , i have a lease of the mannor and castle of h. ( which was the same lands ) for ninety yeares , and shewed and published it , &c. by reason of which words ( he saith ) the said ralph egerton did not proceed to accept the lease &c. in this case it was resolved , that no action would lie for the said words , though they were false , because that the defendant pretended an interest in the said land . so if the defendant had affirmed and published that the plaintiffe had not any right to the said land , but that she her selfe had right to it , in this case because that the defendant pretends title to it though , that in truth , shee hath not any , yet no action lies . for if in such case an action should lie , how could any one make claime or title to any land , or commence any suit or seeke advise and counsell , but hee should be subject to an action ; which would be very inconvenient . agreeing with these cases , in 2. e. 4. and 15. e. 4. it is resolved that no action upon the case lies against one for publishing another to be his villeine . the sixt part of that generall rule which i have laid downe before ; and am now to speake of is this . that scandalous words which tend to the hinderance or losse of a mans advancement or preferrement , or which cause any particular damage , will beare an action . anne davies brought an action against gardiner for these words , spoken to one b. a suiter to the plaintiffe and with whom a marriage wss almost ' concluded . i know davies daughter well , shee did dwell in cheape side and a grocer did get her with childe , &c. and shee saith that by reason of the speaking of these words , the said b. utterly refused to take her to wife , so that thereby she lost her advancement , &c. adjudged that the action would lie , because that if shee had a bastard she was punishable by the statute of 18. of the queene cap. 3. but it was in this case further resolved , that if the defendant had charged the plaintiffe with bare incontinency only yet the action would have laine , by reason that by the said slander shee was defeated of her advancement in marriage . and it was in this case likewise resolved , that if a divine be to bee presented to a benefice , and one , to defeat him of it , saith to the patron that he is a heretique or a bastard , or that he is excommunicated , by which the patron refuses to present him ( as he well might , if those imputations were true ) and he loses his preferrement , that in this case an action will lie . dame morrison widdow brought an action against william cade esquier and dec●ares that shee was of good fame , &c. and that henry earle of kent was in speech and communication with her for marriage , the defendant premissorum non ignarus , said these words , arscot hath reported that hee had the use of the lady morrisons body at his pleasure ; ubi rever● , a●scot never reported it , and alledged that the earle of kent upon the hearing of the words surceased his suit by which she lost her advancement , &c. upon not guilty pleaded it was found for the plaintiffe , & in this case it was resolved , that though the words charge the plaintiffe with bare incontinency only , which is an offence ecclesiasticall , and not civill ; nor punishable by our law , yet because of the temporall damage , viz. the losse of her advancement in marriage the action would well lie , which agrees with the judgement in an davies case . sanderson and rudds case cited before ; the plaintiffe being a lawyer , stood for the stew●r●●ship of a corporation , and the corporation being assembled to elect a steward , the plaintiffe was motioned to them ▪ whereupon the defendant being one of the corporation 〈◊〉 to his brothers , he is an ignoran● 〈◊〉 , and not fit for the place ; and 〈…〉 that by reason of these words ▪ they did refuse to elect him st●ward , so that he th●reby lost his pre●errement , &c. the court in this case inclined that the action would lie . and now i am fal●en upon a question very necessary to be resolved , and that is . what words are actionable of themselves only ? and what are not actionable , without alledgeing of a particular damage ; i take this for a rule , that scandalous words which touch or concerne a man in life , liberty , or member , or any corporall punishment , or which scandall a man in his office or place of trust , or in his calling or function , by which he gaines his living , or which charge him with any great infectious disease , by reason of which hee ought to seperate himselfe or to be seperated by the law from the society of men ; all such words will beare an action , without averring or alledging of any particular damage by the speaking of them . yet i do not deny , but that it is best to alledge a particular damage , if the case will beate it ; and it is usuall so to doe in these cases , for the increase of damages . bramston chiefe iustice in the arguing of hawes case which i remembred before tooke this for a rule , that if words did import a scandall of themselves , by which damage might accrue , in such case the words would beare an action , without alledgeing of a particular damage . but now on the other side , words which doe not touch or concerne a man in any of the cases aforesaid , will not beare an action , without alledgeing of a particular damage . words spoken in scandall of a mans title will not beare an action ; without averring of a particular damage , as appeares by the cases before cited upon that ground . there are many words , which are words of passion and choler only , as to say of a man that he is forsworne generally , or that he is a villain , or a rogue or a varlet , or the like , these words are not actionable of themselves ; yet i doe conceive that in these cases an action will lie with an averrement of a particular damage by reason of the speaking of them . there are other words which concerne matter meerely spirituall , and determinable in the ecclesiasticall court only ; as for calling of a man a bastard a heretique a scismatique , an advo●vterer , a forni●ato● or for calling of a woman a whore or charging her wit● any particular act of incontinency ▪ or the like , yet in these cases with an averrement of a particular damage , an action will lie at the common law as it is adjudged in anne davies case cited before . by popham chiefe iustice if one say of a woman that is an inholder , that she hath a great infectious disease , by which she loses her guests , an action will lie , this must bee taken with an averrement of that particular damage ; otherwise an action will not lie , unlesse the disease be such for which shee ought to separate her selfe , or to be seperated by the law from common society , as i shall shew you hereafter . axe and moods case cited before , the plaintiffe being a dyer brought an action for these words , thou art not worth a groate , adjudged that the words were not actionable , because that many man in his beginning is not worth a groat , and yet hath good credit with the world . but in this case it was agreed that if the plaintiffe had averred specially that he was thereby damnified , and had lost his credit so that none would trust him with such an averrement the action would have layen . in the case of the foreman of a shoomakers shop cited before , for these words ; it is no matter who hath him , for he will cut him out of doores , the plaintiffe averred that the common acceptation of these words , inter cal●eareos is , that he will begger his master , and make him run away ; and shewed a speciall damage by the speaking of these words , and it was adjuged that the action would ●ie , which i conceive was only for the particular damage , for to say of a servant that he doth chea●e , cousen or defraud ; or that he will begger his master , or the like , will not beare an action , without an averrement of a particular damage . and in this case it was said by the court that for some words an action will lie , without an averrement of any particular damage , as for calling of a man theefe , traytor , or the like , and some words will no● beare an action , without an averrement of a particular damage . as if a man shall say of another that he kept his wife basely , and starved her , these words of themselves will not beare an action ; but if the party of whom they were spoken , were to bee maried to another , and by these words is hindered ; in such case , with an averrement of the particular damage , an action will lie . so likewise in the case of dickes and fenne which i also cited before , where one said of the plaintiffe being a b●ewer , that he would give a peck of malte to his mare , and ●ead her to the water to drink , and she should pisse as good beere as the plaintiffe brewed ; it was resolved that the words themselves were not actionable , because of the impossibility of them . but it was agreed by the court , that if there had beene a speciall damage alledged ▪ as losse of custome or the like , the action would have laien . hawes case cited likewise before , one said of him , that he had spoaken against the booke of common prayer and said that it was not fit to bee read in the church for which he brought his action , and shewed how that by reason of the speaking of these words by the defendant ▪ he was cited in to the ecclesiasticall court and had paid and expended severall summes , &c. adjudged that the words themselves were not actionable ; because if they had beene true ▪ they charge him only with an offence against a penall law , which doth not inflict corporall p●nishment , but for non payment of the penalty . but it was resolved that for the particular damage the action would lie , and of this opinion were heath and mallet iustices . but bramston chiefe iustice , ( the other justice being absent ) was of a contrary judgement , and hee tooke this for a rule , that if the words did not import a scandall in themselves ( as hee conceived they did not in this case ) in such case the averrement of a particular damage should not make them actionable . but with all due respect to the judgement of this learned judge , i doe conceive that the words are in themselves scandalous ; because that they do charge a man with faction and opposition to established law , and settled government . but if they were not in themselves scandalous , yet i conceive ( according to the judgement of those reverent j●dges ) that for the dammage only the action will lie ▪ for otherwise the plaintiffe shall suffer through the default of the defendant , and be without remedy , which i conceive the law will not permit ; but i submit this to the judgement of the learned reader . lastly , words which charge a man with any dangerous infectious diseas● , by reason of which he ought to seperate himselfe , or to be seperated by the law , from the society of men , will beare an action . if a man say of another that hee hath the french pox , an action will lie . taylor brought an action against packins for these words , thou art not worthy to come into any honest mans company , thou art a leaprous knave , and a leaper . adjudged that the words are actionable , because that it is cause of seperation by the law of god and man. so by tanfield iustice to say that one is infected with the french pox , will beare an action , but to say that one h●th the falling sicknesse , is not actionable , except that it disables him in his profession , as to say that a lawyer hath the falling sicknesse , an action lieth ▪ because that it disableth him for his businesse . vpon this ground i conceive , to say of a man that hee is infected with the plague , will beare an action , because this also is a dangerous infectious disease , and a cause of separation . i have now finished my task of shewing you what words are actionable in the law , and what not ▪ and yet reader i shall not end this treatise here , for there are many things not worthy the knowing ( which i could not aptly introduce before ) and therefore not to be omitted . there are two things or grounds very remarkable in all actions upon the case for words . first causa dicendi , the ground or occasion of the speaking of the words : and that must be collected out of the precedent discourse or communication concerning the plaintiffe ; or else out of the relation that the words themselves have to the defendant , or otherwise , as the case shall fall out to be . the next thing is the affection of the speaker , that is to say whether the words were spoken ex malitia , or not ? first , for the first , causa dicendi , the ground or occasion of speaking of the words . and here i shall lay downe this as a ground , that scandalous words which of themselves singly would beare an action yet being joyned to other words or discourse , and so causa dicendi , or the subject matter being considered , they will not beare an action . for sensus verborum ex causa dicendi accipiendus est , &c. and words must ever be construed according to the subject matter . henry lord cromwell brought an action de scandalis magnatum against edmund denny , vicar of n. in the county of norfolke , &c. for these words : it is no marvill that you like not of me , for you like of those that maintaine sedition against the queens proceedings ; the defendant pleaded a speciall justification , in effect thus ; that the defendant being vicar of n. the plaintiffe procured i. t. and i. p. to preach there , who in their sermons enveyed against the booke of common prayer , and affirmed it to bee superstitious ; wherefore the defendant inhibited them , for they had no licence nor authority to preach , yet they proceeded through the encouragement of the plaintiffe , and the plaintiffe said to the defendant , thou art a false varle● i like not of thee ; to whom the defendant said , it is no marvill though you like not of me , for you like of those ( meaning the aforesaid i. t. and i. d. ) that maintaine sedition [ meaning that seditious doctrin ] against the queens proceedings . in this case it was adjudged that the justification was good . for though that in this case , taking the words singly of themselves as the plaintiffe hath declared , they might have beene actionable ; because that then they could not be construed otherwise then of a publike and violent sedition , as the word it selfe doth import . yet now the ground and occasion of the words appearing , by which it is evident , that the defendant did not intend any publike or violent sedition , but only that seditions doctrine against the proceedings of the queene , viz. the statute de anno primo , by which the common prayer was established , and god forbid [ saith the booke ] that words by a strict and grammaticall construction should be taken contrary to the manifest intent of the speaker , therefore it was ruled upon the coherence of all the words , that the justification was good ▪ and so the words not actionable . and in this case it was ruled , that if a man bring an action against another , for calling of him murderer , and the defendant will say that hee was speaking with the plaintiffe of unlawfull hunting , and that the plaintiffe confessed that he had killed divers hares with certaine engines , to whom the defendant answered and said , thou art a murtherer [ meaning the killing of the said hares ] that this was a good justification , and so upon the whole matter the words not actionable . byrchley an attorney brought an action against one for these words ; you are well knowne to bee a corrupt man , and to deale corruptly : resolved that the words were actionable , but in this case it was ruled that if the precedent speech had beene that byrchley was a vsurer , or that he was executor of another , and would not performe the testament , and upon this the defendant had said these words , upon a speciall justificatio●● as aforesaid● , they would not beare an action . banister and banisters case resolved that if i call an heire a bastard , an action will lie ▪ but if the defendant pretend that the plaintiffe is a bastard and that he is next heire , there no action will lie . the reason of this is plaine , because causa dicendi , or the occasion of speaking of these words , is not to defame the title of the plaintiffe , but only to justifie the title of defendant , and it is lawfull for any one to speak in justification of his owne title , though hee do thereby seeme to slander the title of another man , agreeing with this case is gilbert gerrards case cited before . molton brought an action against clapham and declares how that there being a cause pending in this court betwixt the plaintiffe and defendant , upon reading of certaine affidavids of the plaintiffes in court , the defendant said openly in present●● & auditu iusticiariorum & juris peritorum , &c. there is not a word true in the affidavids , which i wil prove by forty witnesses : and alledges that the words were spoken malitiose . yet it was resolved by the court that they were not actionable , because as they are usuall words upon the like occasion ; so they are spoken in the defence of the defendants cause , and this case was likened to the case of the bastard immediatly before . and bartley iustice said that there are two things mainely considerable in words , the words themselves , and causa dicendi ; and therefore somtimes though the words themselves would beare an action yet causa dicendi being considered , they will not be actionable , as in this case . now as my lord cooke ses in cromwels case before remembred , so i say to you . in these cases , reader , you may take notice of an excellent point of learning in actions for slander ; to observe the cause and occasion of speaking of them , and how this may bee pleaded in excuse of the defendant . but before i passe this , reader , i shall observe unto you that the defendant in these cases might take the generall issue , if he would , viz. that he is not guilty modo & forma , as the plaintiffe hath alledged , and so give in evidence the coherence and connection of the words , and the occasion of speaking of them , and have them specially found , if it be conceived to be necessary . or the defendant may [ as the case shall require ] justifie the speaking of other words , and traverse the speaking of the words in question ; and so likewise upon the evidence have the words specially found . and hereupon ; where the speciall finding of the iury will warrant the declaration of the plaintiffe , and maintaine the action , and where not ? may be very questionable , and worthy the knowing . the defendants plea is that which must guid us in these cases , if hee plead not guilty ▪ the words are [ as i have said before ] modo & forma as the plaintiffe hath alledged , and if the justifie the speaking of other words , and traverse the words in question , he doth it thus , absque hoc , that he spake the words in the declaration modo & forma as the plaintiffe hath alledged . now where the words that are founde by the iury shall bee said to agree modo & forma with the words in the declaration , this is the question , here i shall lay down this as a ground . that where the words that are found do not agree with the declaration in the substantiall and essentiall forme , that in such case , they do not warrant the declaration . but if they do agree in the substantiall and essentiall form● , though they agree not in every word , yet they doe well warrant the declaration , and by consequence maintaine the action . sydenham against man for these words ; if sir iohn sydenham might have his will , he would kill all the true subjects in england , and the king too , and he is a maintainer of papistry and rebellious persons . the defendant pleaded other words , and traversed the speaking of the words modo & forma , &c. the iury found that he speak these words , viz. i think in my conscience , that if sir iohn sydenham might have his will , he would kill , &c. and find all the subsequent words before alledged , and whether the defendant were guilty of speaking of the words in the manner and forme as they are alleadged by the plaintiffe in his declaration , was the question resolved against the defendant . and upon a writ of error in the chequer chamber , the court also inclined against the defendant , for the matter is in effect the same , and the forme must be understood the essentiall forme , not according to every word , here you have the ground laid downe before . yet the booke saith that pasch. 16. though the court inclined that either of the words would beare an action , yet it was agreed that the words were not found so absolute as the declaration , neither moved credit in the eare so fully , which is the force of a slander ; and then they are not the same words in force and effect , as if the words were laid , i know him to be a theefe , and it were found , i thinke him to bee a theefe . for my part reader , i doubt in this case whether the finding of the jury do warrant the declaration , because they are not the same words in force and effect ( as is said before ) and i conceive they are not the same in the essentiall forme of them , for i question , ( ●as i have don before ) if a man should say of another , that he doth think if he might have his will , he would kill all the kings true subjects , and the king too ; or that he doth think such a one to be a theefe , whether these words be actionable or no , because the words are no positive charge out only the thought or opinion of the defendant . but to this it may bee said that if such words as these should not be actionable , this would open a gap for scandalous tongues to slander a man at pleasure ▪ and yet no action lie , which were very mischievous ▪ therefore i shall leave it to the judgement of the reader . fenner against mutton in an action upon the case for words , which were thus ; nicholas fenner procured 8. or 10. of his neighbours to perjure themselves , the defendant pleaded not guilty ; and the iury find that the defendant said that nicholas fenner had caused 8. or 10. of his neighbours to prejure themselves , and if this verdict were found for the plaintiffe , or the defendant ▪ was the question , and the doubt was whether this word ( cause ) amount to as much as procure . tanfield iustice seemeth that it doth not , for hee might be a remote cause , as causa fine qua non , and yet no procurer , as if a notary writ a writing , and put to this a seale , and another take it and forge and publish it , the writer was the cause that this was forged , and yet no procurer of it . i find no judgement in this case , therefore quaere of it . chipsam against ieeke for these words chipsam is a theefe , for he hath stollen a lambe from a. and geese from b. and killed them in my ground , issue was joyned whether the defendant spoake the words modo & forma , &c. the jury find that the defendant said that the plaintiffe was a theefe , for hee hath stollen a lambe from a. and killed it in my ground , but they find that hee spoake nothing of the geese , yet it was resolved that the finding of the jury did well warrant the declaration of the plaintiffe , because that the substance of the words is , that he is a theefe , and thee for hee hath , &c. only a demonstration in what he is a theefe , which is as well in stealing of the lambe , as of the geese ; and then if it bee found that he said any of them , it sufficeth , and judgement was given for the plaintiffe . norman and symons case , the plaintiffe brought an action for words and declared that they were spoaken false & malitiose ; the iury find the words spoaken falso & injuriose and it was adjudged that the action would not lie , because the finding of the jury doth not warrant the declaration in the substantiall forme of it , for if the words were not spoaken out of malice , they will not be actionable , as i shall shew you hereafter . brugis brought in action for these words , brugis is a maintainer of theevs and a strong theefe himselfe , issue was joyned whether the defendant spoake the words modo & forma , and the iury found all the words except the word [ strong ] and in this case the plaintiffe had judgement . here we may observe that though every word alledged in the declaration , be not found , yet the essentiall and substantiall forme of the words being found , that is sufficient to maintaine the declaration . this i say you may observe not only by this case , but the cases also before put . barbar brought an action against hawley for these words iohn barbar and his children be false theeves , men cannot have their cattell going upon the common , but they will kill them , and eat them , &c. issue was joyned whether the defendant spoake the words modo & forma , and the iury fonnd that he spoak these words , viz. men cannot have their cattell going upon the common , but iohn barbar and his children will kill them with barbars doggs in this case it was adjudged for the defendant . the reason is plaine , because the words found by the iury do vary in the essentiall and substantiall forme , from the words in the declaration . for the words in the declaration do charge the plaintiffe with tneft , for which an action would lie , but the words found by the iury charg him only with trespasse , for which no action will lie , i have sufficiently proved the ground laid downe before , and therefore i shal now proceed to the second thing [ which i have touched before ] very considerable in all actions for words , and that is . quo animo , with what affection the words are spoken , whether ex malitia or not ? for if it do appeare that they were not spoken out of malice , they will not be actionable . ralph brook , york harrauld brought an action against henry mountague , knight , recorder of london for saying of the plaintiffe that he had committed felony . the defendant p●eaded how that he was a counseller and earned in the law and that he was retained of counsell against the plaintiffe at such a tryall , and set forth all the matter in certaine , and that hee in giving evidence to the jury spoake the words in the count ( which words were pertinent to the matter in issue ) in this case ▪ it was resolved that the action would not lie , because that the words were not spoken out of malice ; for that they were spoken to the purpose , and being to the purpose , though the words were false , no action will lie against the defendant . as in an appeale of murder , if the counsell with the plaintiffe saith that the defendant committed the murder , though it be not true ; yet he shall not he punished for it , because that what he said was pertinent , so that it cannot be taken to be spoken out of malice , but only as of counsell for the plaintiffe . but if that which he saith be impertinent , in scandall of him against whom he speaks it , as in trespasse of battery to say that the defendant is a felon , there an action will lie , for that they cannot be otherwise taken , but to bee spoken out of malice . and in this case it was further said , that if a counseller be informed of any matter of slander apt to be given in evidence , and hee speakes it at other places , and at another time , then in evidence an action lies for it , for the same reason . in confirmation of the former case , there was this case put and agreed for law , which was the case of parson prit in suffolke , the case was thus . in the acts and monuments of mr. fox , there is a relation of one greenwood of suffolke who is there reported to have perjured himselfe before the bishop of norwich in the testifying against a martyr in the time of queene mary , and that afterwards by the judgement of god , as an exemplary punishment for his great offence , his bowels rotted out of his belly . and the said parson prit being newly come to his benefice in suffolke , and not well knowing his parishoners , preaching against perjury , cited this story for an example of the justice of god and it chanced that the same greenwood of whom the story was written , was in life , and in the church at that time , and after for this slander , brought an action , to which the defendant pleaded not guilty , &c. and upon evidence all the matter appeared , and by the rule of anderson justice of assise he was acquitted , because it did appeare , the defendant spoak the words without malice , and this rule was approved by the kings bench in this case . in the arguing of sanderson and rudds case which i remembred before , these cases following were cited by gotbolt serjeant , who was of counsell with the defendant , and agreed by the court for law. iames and rudlies case , the defendant spoake by way of advise to his friend , telling him that the plaintiffe was full of the french pox , and therefore advised him not to keepe him company , adjudged ( he said ) that no action would lie for these words of advise , the reason is , because that these words were not spoken out of any malice to the plaintiffe , but meerely cut of good will to his friend . norman and simons case remembred before , the plaintiffe brought an action for words , and declared that they were spoaken falso & malitiose ; the jury find the words , and that they were spoken fals● & injuriose , judgement was given that the action would not lie , because that they did not find the malice ; for if the words were not spoaken malitiously , no action will lie . and therefore i conceive that if a man bring an action for words , and do not declare that the words were spoken malitiose as well as falso that the action will not lie . in the case of the lady morrison that i have cited before this case was put by popham chiefe iustice : if one say in counsell and good will to his friend , that it is reported that he hath done such or such an ill act , and advises him to purge himselfe , and avoid such occasion afterwards , it se mes ( saith he ) that an action will lie for such counsell , but quaere saith the reporter , for it is without malice . and truly for my part i conceive an action will not lie for that reason , but i submit it to the judgement of the reader . and now i have finished my labour of shewing you what words are actionable in the law , and what not . it will , in the next place , be very necessary to be knowne , where a mans suit or prosecution at law , shall subject a man to an action , and where not , and here i shall lay downe this as a rule . that for any suit or other legall prosecution in course of iustice [ if not out of malice and touching a mans life ] no action will lie. a man broug●t a writ of forger of false deeds against a lord , pending which writ , the lord for the slander of the said forgery by the said suit brought his action de scandalis magnatum : the defendant justifies the said flander by bringing of the said writ , by the better opinion there [ which is also agreed for law in bucklies case in my l. cokes 4. booke the justification was good , for [ saith the booke ] no punishment was ever appointed for a suit in law , though that it were false and for vexation . cutler and dixons case , adjudged that if one exhibit articles to a justice of peace against a certaine person , containing divers great abuses and misdemeanours , not only touching the petitioners themselves , but many others , and all this to the intent that he should be bound to his good behaviour , in this case the party abused shal not have for any matter contained in such articles , an action upon the case , because that they have pursued the ordinary course of justice in such case , and if actions should be permitted in such cases , those which have good cause of complaint , will not dare to complaine , for feare of infinit vexation . o●en wood exhibited a bill in the starchamber against sir richard● buckley , and charged him with divers matters examinable in the same court and further that he was a maintainer of pirates and murderers , and a procurer of murders and pyracies ( which offences were not determinable in the said court ) upon which sir richard buckley brought an action . in this case it was adjudged , that so the said words not examinable in the said court , an action would lie , because this could not be in course of justice for that the court hath not power or jurisdiction to do that which belonges to justice , nor to punish the said offences , &c. also by the law no murder or pyracy can be punished upon any bill exhibited in english , but the offender ought to be indicted of it , and upon this to have his tryall ; so that he that preferred this bill hath not onely mistaken the proper court , but the manner and nature of prosecution , so that it hath not any appearance of an ordinary suit in course of justice . but if a man bring an appeale of murder returnable in the common bench , for this no action lies ; for though the writ is not returnable before competent judges , which may doe justice , yet it is in nature of a lawfull suit namely by writ of appeale . scarlet brought an action against stiles for these words ; thou didst steale a sack. the defendant pleaded that there was a sack of a mans unknowne stolen and that the common fame was that the plaintiffe had stolen it , whereupon the defendant did informe thomas kempe a iustice of peace , that hee had stolen it , and in complaining and informing the said iustice thereof hee did there in the presence of kempe , and of the plaintiffe say unto the plaintiffe & of him thou diddest steale , &c. whereupon the plaintiffe demurred in law. there is nothing spoken to the case in the booke ; but i conceive the law will be somewhat strong for the plaintiffe , that the demurrer is good , and that the action notwithstanding the defendants justification will well lie . for though common fame [ as it is agreed in c●udington and wilkins case be a sufficient warrant to arrest for felony , though the same be not true , as also to charge a man with felony [ as it is agreed in bland and masons case ] because these tend to the advancement of iustice ▪ yet it doth not warrant any man to say he is a felon , or a theefe ; or though common fame be such yet ●he party suspected may be innocent . nor doth it any way difference the case , that the words were spoken before a iustice of peace , because , though common fame may ( as i have said ) warrant him to charge him with felony before a iustice of peace , yet it cannot warrant him to call him felon . a man brought an action against another for ca●ling of him theefe ; the defendant pleaded that there was a robbery done , &c. & communis vox & fama patriae was that the plaintiffe was guilty of it , and so justifies ; but the justification was held nought , for common fame that a man is a theefe , wi●l nor justifie any man in the calling of him so . but there it is agreed , that it would defend a man in arresting and imprisoning another for it . cuddington and wilkins case adjudged that to call a man a theefe after a generall , or speciall pardon , though the defendant knew it not , will beare an an action , but there it is agreed , that to arrest a man for felony after pardon if he knew it not may bee justifiable ; because it is a legall course and an act of justice . in iustice crooks case it was agreed by the court , that though it be lawful for a man to preferre a bill in the star-chamber against a judge for corruption , or any other , for any grand misdemeanour , because it is a proceeding in an ordinary course of justice . yet if the plaintiffe will publish the effect of his bill in a taverne or other place openly , by this meanes to scandall the defendant , this is punishable in another court , notwithstanding the bill pending in the star-chamber , because this tends meerely to scandall , and not to a pursuing of the ordinary course of justice , and so iones justice said it had bin adjudged . owen wood , and buckleys case cited before doth in effect make good that which justice iones said ; the case was thus , owen wood exhibited a bill in the star-chamber against sir richard buckley , and charged him with very great misdemeanours : afterwards buckley brought an action against owen wood , for publishing that the said bill and matters in that contained were true , and had judgment , [ which was afterwards reversed in the chequer chamber , because that the plaintiffe layed that the defendant published the bill to be true , without expressing the matters in particular conteyned in the bill , upon which the action was intended to bee founded , so that those which heard only the said words , that his bill was true , cannot without further saying , know the clauses which were slanderous to the plaintiffe . so that it is in this case plainely admitted , that if hee had published the particular matters contained in the bill , and this had beene shewen by the plaintiffe , ] there the action would have layen . note reader , i have inserted this clause , in the rule before layd downe [ where the prosecution in course of justice , is not out of malice , and touching a mans life ] for this reason . because i doe conceave , that in case where a man is scandaled in his reputation , and his life in question , by a malitions prosecution in course of justice , that in such case an action will lye . if two falsly and malitiously conspire to indict another , and after hee that is so indicted , is acquitted , a writ of conspiracy lyes . so if one only falsly and malitiously cause another to bee indicted , who is therupon acquitted , an action upon the case in nature of a conspiracy , lyes against him for it ; and so it hath bin often adjudged ; i shall only remember one case in point . marsham brought an action against pescod , and declares how that he was of good fame and report , and that the defendant intending to defame him , fals● & malitiose procured the plaintiffe to be indicted of felony , & to be arrested and imprisoned , quousque fuit acquietatus ; so that the alleaging of the acquittall was insufficient , for that hee ought to have said that he was legitimo modo acqui●tatus , the defendant pleaded not guilty and it was found for the plaintiffe , and richardson said in arrest of judgment that this action will not lie , if it bee not alledged that hee was lawfully acquitted and said that f. n. b. had the like writ , and there it is alledged expresly that hee was lawfully acquitted , and so it ought here . tanfield iustice , a conspiracy , nor an action in nature of a conspiracy wil not lie , if the plaintiffe bee not legittimo modo acquietatus ; but if one procure another to be ind●cted arrested and imprisoned , falso & malitiose nee shall have an action upon the case for the slander and vexation , though that hee be never acquitted ; and he said that the like action upon the case had beene adjudged to lie well , though that the plaintiffe were never acquitted ; and the justices relied much upon the words falso & malitiose ; and after judgement was given for the plaintiffe . thus you may see that where a man is falsly and malitiously procured to be indicted , if he be acquitted a writ of conspiracy , or an action upon the case in nature of a conspiracy , as the case shall be , will lie , and though he be not acquitted , yet an action upon the case will lie for the slander and vexation . yet in all these cases there is a prosecution in course of justice ; but because this prosecution was malitious , tending much to the slander and scandall of the plantiffe therefore the action lies . but here i would have you observe , reader , that the plaintiffe ought in these actions to declare , that the defendant , falso & malitiose procured him to bee indicted , because the malice is the ground of the action ; and if upon the tryall it doe appeare that there was probabilis causa for the indictment and prosecution therevpon , the action will not lie . thus much shall suffice to shewe you , in what case a legall prosecution in course of iustice shall subject a man to an action , in what not . in the next place i shall shew you , which i cannot omit . for what scandall of a noble man , or great officer , &c. an action de scandalis magnatum will lie upon the statutes of 3. e. 1. cap. 33. or 2. r. 2. cap. 5. for a suit or other legall prosecution in course of justice against a noble man , or great officer , no action lies , as is adjudged in the case of forger of false deeds cited before , so that as to this , there is no difference betwixt a noble man ▪ and another person , but what scandalous words may be actionable in case of a nobleman , for which an action de scandal●● magnatum will lie , and what not , may bee very considerable . i shall cite only one case to this purpose , which will be as a light to all cases of this nature , and therefore give me leave to give it you wholly [ without dissection or abbreviation ] as i find reported . the earle of lincolne brought an action de scandalis magnatum upon the statute of westm. 1. cap. 33. against one iohn righton , and recited the statute , and said that the defendant said of him , my lord is a base earle , and a paltry lord , and keepes none but rogues and raseals like himselfe . vpon not guilty pleaded it was found for the plaintiffe , and it was moved in arrest of judgement that the words were not actionable , for though they were unseemely & immodest yet they were not such defama●ory words upon which to ground an action , for though they were true , the earle could not incurre any prejudice by them , crook cont . this action de scandalis magnatum , is not to be compa●ed to other actions upon the case , for words spoken of any other persons for this is inhibited by act of parliament ; and if the words bee such that any di●cord may arise by them betwixt the king and his subjects ▪ or his nobles , or any slander to them to bring them into contempt , this action lies , and i have seene a record of a case in 4. h. 8. of such an action brought by the duke of buckingham , for such words which might cause him to be in contempt , which were holden sufficient upon which to ground an action , hobart attorney generall for the plaintiffe also ; who said that though an action doth not lie for words betwixt common persons , but in case where they are touched in life or member , or much in reputation ; yet if one speake any scandalous words of an earle or other peere of the realme , which impeaches their credit , because that they are of the great counsell of the king and state , and a principall part of the body politique , so that their discredit or disparagement , is a disparagement to all the realme , therefore every thing which trenches only to their discredit is a cause of action , and this was the cause of the judgement in the case of the ducke of buckingham in . 4 h. 8. fe●ner iust. it seemes to me that the action lies for they are words of great slander to the earle . but where the statute of marleb . is that lord shall not distraine the beasts of the subject of the king , and carry them into castles so that they cannot be replevied ; and if one say that a lord hath so done , yet an action will not lie , tanfield iustice concesset but he saith if one say of a lord that he used to distraine and put the beasts in his castle , ut supra , an action lies ; for one act against law wil not bring him into contempt : but if it be usuall for him so to do , this is a cause to make him contemptible . in the case of the earle of arundell , who had made commissions to his servants to make leases and improve rents , one said of him , my lord hath sent his commissioners to spoyle the country , it was adjudged that this action would lie , and yet in case of a common person it would not lie without doubt , yet because that it may cause the lord to be in contempt with the king and the people , this action lay , and so it seemes to me that it will here , williams iustice to the same purpose ; and that the earle is conservator pacis at common law and comes regis , and if any one speake of them any thing which may make them to bee contemned of the king or his people , an action lies upon this statvte . yelverton iustice was absent , judgement was respited to the intent that the defendant by his submission might give satisfaction to the earle . here you see the difference between words actionable in case of a noble man , and of a common person . for words only of descredit to a nobleman , and which may bring him to contempt with the king or his people are sufficient to maintaine an action de scandalit magnatum , otherwise in case of a common person . i have now reader , quite finished my labour of shewing you for what scandals an action will lie , for what not . but before i conclude , there are two things yet in all actions for words worthy the knowing , which i cannot omit . the first is to declare unto you the use or office of an ( innuendo ) and the next is , to shew you where an averrement will be necessary , and where not . for the first , you may take this for a certaine and infallible rule . that an ( innuendo ) shall never make words actionable , which of themselves are not actionable . and therefore , if words be of a double or indifferent meaning ; and in the one sence actionable , in the other not ; in such , case an ( innuendo ) shall never make them actionable . as if a man bring an action against another for saying that he hath the pox [ innuendo the french pox ] or for saying that the plaintiffe burnt his barne [ innuendo a barne with corne. ] in these cases the [ innuendo ] where the words are of an indifferent meaning , and may be taken so as not to be actionable , shall not straine them to such an intendement , as to make them actionable ; and therefore the [ innuendo ] in these cases is idle and to no purpose . so if the words be incertaine of themselves , or the person of whom they are spoken , an [ innuendo ] shall never make them actionable . if a man bring an action against another for saying that the plaintiffe tooke away money from him with a strong hand [ innuendo felonice ] here the words being incertaine in the intendment , whether of a trespas , or felony the ( innuendo ) cannot extend them to an intendment of felony , thereby to make them actionable , and so it was adjudged . so if a man bring an action against another , for saying that hee forged a warrant [ innuendo quoddam warrantum , &c. as thomas and axworths case is cited before , or for saying that he forged a writing innuendo such a writing ] as harvy and duckins case is likewise cited before . in these cases , because the words themselves are utterly incertain , adjudged that the [ innuendo ] shall never make them actionable . a servant of b. brings an action against one for these words ; one of the servants of b. ( innuendo the plaintiffe . is a notorious felon , or traytor , &c ) and if an action be brought for these words , i know one neere about b. that is a notorious theefe , ( innuendo the plaintiffe : ) in these cases , because of the incertainty of the persons intended by the words the [ innuendo ] shall not make them actionable . i could multiply cases upon this ground , but because these will bee sufficient ; i will adde onely the office of an ( imnuendo . ) the office of an [ innuendo ] is onely to containe and designe the same person , which was named in certaine before : as thus , two are speaking together of b. and one of them saith , hee is a thiefe ; there b. in his count may shew that there was a speech of him betwixt those two , and that one of them said of him , hee ( innuendo the plaintiffe ) is a thiefe . or else to declare the matter or sence of the words themselves , which was certainly expressed before ; as thus , a. and b. speaking of c. a. said that c. was a traytor , to whom b. said that he was so too ; in this case if a. bring an action for these words , he may shew in his count , that there was a speech betwixt him and the defendant of c. and that the plaintiffe said to the defendant that c. was a traytor , and that the defendant said then to the plaintiffe , that hee ( innuendo the plaintiffe ) was so too [ innuendo a traytor . ] in both these cases the ( innuendo ) is good , becuase it doth its office , in designing of the person , as also in declaring of the matter or sence of the words which was certaine before . but an [ innuendo ] cannot make a person certaine , which was incertaine before , nor alter the matter or sence of the words themselves ; for it would be inconvenient , that actions should bee maintained by imagination of an intent , which doth not appeare by the words , upon which the action is founded ; but is utterly incertaine , and subject to deceaveable conjecture . for by this meanes , if i should bee suffered to be the declarer of the meaning or intendment of the incertain and doubtfull speeches of another man ; i might judge him to speake that , hee never thought or intended , and so punish him for that wherein he never offended . the next and last thing to be considered is where an averrement will be necessary in these actions , and where not : and here i shall lay downe this as a ground . that in all cases for words where there is any thing that is the cause or ground of the action , or tends necessarily to the maintenance of it , in such case the action will not lie , without that thing be expresly averred to be , or not to be , as the case requireth . miles brought an action against iacob for these words ; thou ( innuendo &c. ) hast poysoned smith ( quendam , sam. smith ad tuuc defunct . innuendo ) adjudged the action would not lie for this reason [ amongst others ] because that did it not appeare that smith was dead at the time of the words spoken ; and the ( innuendo ) for that purpose is no sufficient averrement . the li●e case was trin. 17. of this king ; a. brought an action against b. for these words , thou hast killed my brother ( innuendo c. &c. fratrem , &c. nuper mortuum ) adjudged the action would not lie , because the plaintiffe did not averre that he was dead at the time when the words were spoken , and it was ruled that the innuendo was not a sufficient averrement . the reason of these cases , is , because the death of the party is the ground of the action , and if hee were not dead ( which shall the rather bee intended , without the plaintiffe do expresly aver him to bee dead ) then the plaintiffe could not bee indamaged by the speaking of the words , and by consequence no action will lye for them . i must confesse that i have a report of a case which was 5. of king iames adjudged against the former cases , sir tho. holt brought an action against taylor for these words , sir thomas holt hath killed his cooke , &c. and did not averre that he had a cooke , nor that the cook was dead , and this was moved in arrest of judgment ; and by the whole court the declaration was moved good , because it shall not bee intended , that there is any such purgation of the slander as this is , except it doth appeare in the record ; as the life of a man , which is reported to be dead . but if it were expressed in the record , that the party reported to be dead , was in life , it were otherwise . as it words were spoken of a woman , that she had murdered her husband , and she and her husband bring the action , in this case the action will not lye , because that it doth appeare by the record , that the slander is not prejuditiall , but is purged notoriously , by the apparent being of the husband in life , like snags case in my lord cookes 4. booke quaere tamen , for i doubt reader the law of this case , because of the cases before adjudged . a. saith that b. told him that c. stole a horse , these words with an averrement that b. did not say any such thing to a. will beare an action , like the lady morrisons case which i have formerly cited , fo . 6. b. whether welsh words , or words in english doubtfull in sense , yet equipollent , and of a common intendment and acceptation iu some certaine place with words actionable , will beare an action , without an expresse averrement of the importance of them , or no ? quare & vide fo . 6. a. hasselwood and garrets case cited before , whosoever is hee that is falsest theefe and strongest in the country of salop , whatsoever he hath stollen , or whatsoever he hath done , thomas hassellwood is faller then he resolved that the words were actionable , with an averrement that there were felons within the count● of salop ; but for default of such averrement the judgement given in the common pleas was reversed in this court. note reader , if there were no felons in that county ( which will rather bee intended , if it be not averred that there were some ] then the speaking of the words could be no slander to the plaintiffe , and so no action can lie . blands case cited before , hee brought an action against a. b. for saying that he was indicted for felony at a sessions holden , &c. and did not averre that he was not indicted , and after a verdict for the plaintiffe , judgement was stayed , because there was no avetrement , ut supra . note if hee were indicted , which he doth tacitly admit , then no cause of action . iohnson against dyer , the defendant having communication with the father of the plaintiffe , said to him , i will take my oath that your son stole my henns ; and the plaintiffe did not averre that he was his sonne or that hee had but one sonne , and therefore adjuged that the action would not lie . in this case if he were not his sonne , then no cause of action . one clarke said that he had a sonne in nottinghamshire who had his chest picked , and a hundred pounds taken out of it , in one lock . smiths house ; and i thank god i have found the theefe who it is , it is one that dwelleth in the next house called robert kinston : upon which kinston brought an action and had a verdict , and it was moved in arrest of iudgement , because that he did not averre that hee dwelt in the next house , crooke one said that prichards man robbed him , who brought an action ; and did not averre that he was prichards man , and therefore it was held that the action would not lie . aud the iustices in this case would not give judgment . non constat in this case that the plaintiffe was the party of whom the words were spoken ; for there might be another of the same name dwelling else where : and therefore hee ought to averre that he dwelt in the next house , that he may be certainly intended to be the same person of whom the words were spoken . where words shall not be actionable without an averrement of a speciall dammage see fo . 28. i have cleerely proved the ground before laid downe , and by these cases you may bee sufficiently instructed , where an averrement will be necessary and where not . and so i have quite finished this small treatise . may the reader find as much profit and delight in the reading of it , as the anthor had in composing of it , such is the ardent desire of your affectionate friend iohn march . arbitrement . the next thing reader , that i have undertaken to discourse of , is , arbitrements , the learning whereof will be very usefull to all men ; in regard that compremises or arbitrements were never more in use then now . and most men either have been or may be arbitrators , or at teast have done , or may submit themselves to the arbitration of others . and as long as differences and contentions arise among men , which will bee to the worlds end , certainly the learning of arbitrements will well deserve our knowledge . which being well observed and learnt by all men , will be a good meanes to prevent many suits and contentions in the law for the future which are now daily occasioned through the defects of arbitrements which rather beget and raise new controversies amongst the parties , then determine the ould . the only cause whereof is the ignorance of men in this learning . the composer hereof , reader , tooke this paines , only out of a desire of the common good , that none might bee ignorant of that which concernes all . and if it shall effect that for which it was made , the instrvcting of the ignorant , and the good of the publike ; the author hath his ends , and abundant recompence for his labour . which that it may accomplish is the earnest and affectionate desire of the true servant to the publike . io march . in my lord dyer it is said that to every award , there are five things incident . 1. matter of controversie . 2. submission . 3. parties to the submission . 4. arbitrators . 5. rendring up of an arbitrement . reader , my purpose is ( god willing ) to prosecute every one of these parts or incidents of an award [ though paradventure not in the order before set downe ] conceiving them to be as exact a discription or delineation of those things that are requisit to every award , as possibly can be made : and indeed teaching to all the cases in the law , which do principally or chiefely concerne awards or arbitrements . first then there must be a matter of debate , question and controversie . secondly , this matter of debate question and controversie must bee submitted . thirdly , there must be parties to the submission . fourthly , there must be arbitrators , to w●om the matter in controversie must be submitted . and lastly the arbitrators must make an award or an arbitrement . vpon these severall branches , i shall raise severall questions , and debate and cleare them as i goe , and first . who may submit to an arbitrement and who not ? i take this to be regularly true , that no person , which is not of ability in judgement of law to make a grant , &c can submit himelfe to an arbitrement as men attainted of treason , felony , or a praemunire , ideots , mad men , a man deafe dumbe , and blind from his nativity ; a feme covert an infant , a man by duress●e for a submission to an arbitrement must be spontanea voluntate . persons ontlawed ; for they have no goods : a dean without the chapter , a major without the commonalty ; the master of a colledge or hospitall without his fellowes , or the like . all these as they are incapble to graut , so i conceive , that they are not of capability to submit to an arbitrement , but that the submission will bee absolutely void in these cases . the reason of these cases may be , because that they have not power of them selves to dispose of their interest or property , and therefore they cannot transferre such power over to another ; for the rule is , quod ●er me non possum , necper alinns . and hill 15. of this king in the kings bench , betwixt rudsten and yates , it was adjudged , that the submission of an infant to an arbitrement was absolutely voyd . but now on the other side , i conceive that all persons whatsoever that are not fettered with these naturall or legall disabilities ; but are of capacity to make a grant , that such persons may submit themselves to an arbitremen , as persons not attainted , compos mentis , deafe dumbe , or blinde , femes sole , men of full age ; and the like , the submission of such persons to an arbitrement is good ; but enough of this ; in the next place i shall consider . what things may be submitted to an arbitrement , and what not ? that is to say , what things are in law arbitrable , and what not ? things and actions which are meerely personall , and incertaine , as trespasse , a ward taken away , and the like , are arbitrable . but things which are of themselves certaine , are not arbitrable , except the submission be by deed , or that they be joyned with others incertaine , as debt with trespasse , or the like . the reason that is given in 4. h. 6. is , because the nature of an arbitrement is , to reduce things to a certainety , which are in themselves incertaine , and not to make things more certaine , which are certaine already . and the reason likewise that is there given , why a thing certaine , which is joyned with a thing incertaine should be arbitrable , is because that the arbitrement is intire , and therefore cannot be good as to that which is arbitrable , and voyd for the residue ; ( which you must understand being of things within the submission ) but being good for the part which is incertaine , it will make the rest also arbitrable . cha●tels reals or mixt , are not of themselves alone arbitrable , as charters of lands , leases , or the like , without the submissien be by specialty . debt upon the arrerages of account before auditors , because such debt is due by record ; annuities , nor freeholdes , none of these are of themselves arbitrable , without the snbmission bee by specialty . i must confesse that some of these bookes say , that arbitrators may award a freehold without deed. others say that the submission must be by specialty [ as you may observe before ) and some say that the arbitrement in these cases must be by deed and that then the arbitrement may be pleaded in barre of an action . bnt i take this as a generall rule , that no chattels reals , or mixt , no debts by deed , or record no annuities nor freeholds are of themselves arbitrable though that the submission bee by deed ; and i shall prove it thus . if they were arbitrable of themselves , then upon an action brought in any of these cases , an arbitrement were a good plea in barre of the action but an arbitrement in such case is no plea in barre of the action as appears by the books before cited therfore i conceive that the argument is plaine & evident that these are not of themselves arbitrable . but for further proofe of this ground that i have laid downe ; it is taken as a generall rule in blaks case in my l. coke 6. book , that an arbitrement is no plea when an action is founded upon a deed , when it is in the realty , or mixt with the realty , but in such cases only , or at least , regularly , where damages alone are to be recovered . i shall conclude this with the booke of 21. e. 3 cited before , that an arbitrement that the one party shall have the land our of the possession of the other , doth not give a freehold ; and if hee refuse to permit him to have the land , he hath no remedy , if hee hath not an obligation to stand to the arbitrement . by this case wee may learne , as also by that which i have told you before , that though these thing are not of themselves arbitrable ; & so the arbitrement not pleadable in barre of an action . yet a man may in such cases bind himselfe by obligation to stand to an award [ as it is usuall so to do ] and for the non performance of the awrd , the bond will be forfeited . and this is the submission by specialty so often spoaken of in the bookes before . and therefore i conceive that the opinion of greuill and pollard in 23. h. 7. is no law , who say that where there is a submission of the right , title , and possession of land , [ without any other parsonall difference ] to an award , that an arbitrement in such case is void ; and that an obligation to obey such an arbitrement is void . it is true , the booke makes a quaere of it ; because that others were , ( as the booke saith ) cleere of another opinion . and certainely the bond is good ; as common experience teaches ; i shall put a case like it , which i conceive will plainely prove it . a man makes a feoffement upon condition that the feostee shall not take the profits , the condition is absolutely repugnant and void . but a bond in such case conditioned that the feoffee shall not take the profits , is good . so i say in this case , though the thing it selfe be not arbitrable ; yet if a man in such case , will bind himselfe to stand to an award , the bond is good . lastly , causes matrimoniall are not arbitrable ; neither are offences criminall as treasons , felonies , &c. because it concerns the commonwealth that such offenders be punished . but of this sufficient ; the nature or kindes of submissions is now to bee considered . submission to an award may be either generall , or speciall . absolute . or conditionall . a generall submission . a generall submission is of all matters , suits , debts , duties , actions , and demands whatsoever . a speciall submission . a speciall submission is only of some certaine matters in controversy , as such land then in question ; or all actions of debt , trespasse , or the like , here i could observe unto you the difference betwixt a generall submission conditionall , and a speciall submission conditionall ; but because it will be more apt and agreeable in case where i shall shew you , what will be a good arbitrement and what not . i shall referre it thether without further saying . an absolute submission . an absolute submission , where the circumstance of time , when ; the manner of the arbitrement , howe ; whether sealed or unsealed or the matter of the arbitrament ; viz : to arbitrate part or all or the like , are wholy left to the arbitrators . a conditionall submission . a conditionall submission , is , where the submission is with an ita quod or proviso &c. the award be made and delivered under in hands and seals of the arbitrators , before such a time ; in such case , if the time manner and matter , are not all exactly obserued , the arbitrement will be void ; but of this more fully hereafter . note reader , that a submission may be by word onely as well as by deed or specealty but the submission by deed is better , for then though the submission be of things not arbitrable , the party forfeites his bond if he doe not obserue it whereas if the submission were by word onely there were no remedy in such case to inforce the party to performe the award who may be arbitrators and who not ? i conceive it most fit , that such onely should be arbitrators who , as they are indifferently chosen ( as it is said in the condition of the obligation ) are men indifferent , just and upright , swayed neither with favoure feare or affection to either party men likewise hauing sufficient parts , and competent understanding and knowledg in the matter or busines referred to arbitrement having neither legall ( as persons attainted , convicted of perjury &c. ) nor naturall impediments , as infants , ideots , madmen , or the like . these qualifications in arbitrators being duly observed a man need not dout of a iust and upright sentence the want of the obseruation of which , causes many vnjust and undue sentences in arbitrations . but i doe not find in our law that either leg●ll ar naturall disabilities , doe hinder any man from being an arbitrator ; or avoide his sentence and certainely they doe not for this differs much from a submission to an arbitration for in such case a man ties his interest and binds his person which every one is not of capacity to doe ; but in this case what he doth as an arbitrator , is onely to charge or discharge others . and besides they are chosen by the parties themselves , and if they they be not competent jvdges , the fault is theirs that chose them . and now i shall proceed to shew you what arbitrators are and their power by which you will easily perceiue , of what high concernement it is to men , to have a speciall care of the choise of arbitrators . what arbitrators are and there power . an arbitrator is as our bookes say , a judge indiff●rently chosen by the parties , to end the matter in controversy betweene them , ad arbitrium and therefore they are said to be arbitrators because they have an arbitrary power , and may judge according to there will aud pleasure , so that their judgment be according to the submission & these judges are not tied to any formalities , or punctuallities in law neither are they s●orne , as other judges established by publike authority are . besides , their power is farre greater , for as they may judge as they please keeping themselves to the submission , so their sentence is absolutely definitive and conclusive from which there lies no appeale ; as it was excellently well said by heath iustice , in arguing of the case of rudston and yates cited before the judgement of arbitrators said he ( provided that they keepe themselves to their jurisdiction ) is higher then any judgement given in any court for if they erre , no writt of error lies to reverse their judgement , no , not so much as equity against them . this is true where they keep themselves close to the submission ; but if they do not , in such case ( though no writt of error lies to reverse their judgement ) upon an action brought upon a bond or promise for not performing an awa●d , if the defendant plead that the arbitrators made no award , and the plaintiffe replies that they did make an award and sets it forth in speciall , if it do appeare that the award is void ( as it may be in many cases which i shall set forth hereafter ) the action in such case will not lie as every dayes experience teaches , and in which our bookes are plentifull . by that which i have said before , it is manifest , how it concerns every man to have a care what arbitrators hee makes choice of ; but of this sufficient . the next thing considerable , is , whether the power of arbitrators be assigenable or not ? the law is cleere that arbitrators cannot assigne over their power , the reason is , because that it is but a nude power or authority ( which is evident in that it is revocable , as i shall shew you hereafter ) and therefore by the law not assignable . to which may be added , that it is a power coupled with a great trust and confidence , and therefore not assignable . i confesse that the booke in 47. e. 3 doth tacitely admit this power to bee assignable where the case is thus , in debt , the defendant pleaded that they submmitted themselves to the arbitrement of two persons , who did award that they should stand to the award of w. p. which w. p. made an award which he hath performed , &c. here it is tacitely admitted that the arbitrators might award that they should stand to the arbitrement of another , but brooke in abridging this case saith , the law seemeth contrary . in 8. e. 4. prototam curiam except yelverton , where a man is bound to stand to the award &c. who award that an action shall be commenced betwixt the parties by the advise of vv. and p. this is a good award for by this w : & p. are not arbitrators , but onely executors of the arbitrement . and in this case the arbitrators judged the title to bee tryed betwixt them ; but know not what action should be brought . but if they had awarded , that the parties should stand to the arbitrement of w and p. this had beene void , because that they cannot assigne ouer their power . yelverton held in the first case , that the award was void for the incertainty because that w. and p. are to give their advise , which is not certaine vntill it be notified , and in this case he hath made them judges . i confesse that i doe somewhat doubt of the case , because the judgment of the arbitrators ought to be finall , and this is no concluding of the matter in controversy ; but a trans●erting of their power over to the lawe , to determine it . besides , w. and p. may never give their advise , or may refuse to doe it , and in such case the arbitrement will prove idle . and i do not conceive this case to be like the case in 19. e. 4. where the arbitrators awarded a certaine sume , and in surety of payment thereof , to be bound by the advise of counsell , for here their judgement of the matter in controversie is certaine , and finall , and here is a some certaine awarded for which an action will lie , only the security is to be advised by counsell ; which is no assignement of their power , but of this more hereafter . emery , and emerys case the chiefe point whereof was thus ; the arbitrators award that the plaintiffe should make such a release as one of the arbitrators should like of ; in this case the arbitrement was held to be void , because this was an appointing of an authority committed to them all , unto one which they cannot do . i shall conclude this point with samons case in co●kes . 5. booke , where the case is ●hus : arbitrators award that the defendant should enter into an obligation to the plaintiffe , and doe not judge of what some the bond shall be adjudged the arbitrement was void for the incertainety , and that the arbitrators could not assigne over their power but that themselves ought to determine it ; and therefore neither the plaintiffe nor the defendant could assesse the some● the next thing considderable is . vvhether the authority of arbytrators be countermandable or not ? in his case also the law will bee strong and evident , that this authoritie is countermandable at any time before the award made ; but not after , because then the authoritie is executed , and cannot be countermanded , and so are all our bookes but 5. e 4. where it is said that if a man be bound to stand to the arbitrement of i n he cannot discharge the arbitrator , contrary if he were not bound to stand to his arbitrement , yet brooke upon this case saith , that it is cleere that he may discharge the arbitrator in both cases ? but in the one case he shall forfeit his bond in the other he shal loose nothing , because that ex nuda submissione non oritur actio , so likewise it is resolved in vinyors case which i shall put you presently . in 28. h 6. by ashton iustice if there be two plaintiffs and one defendant or two defendants and one plaintiffe put themselves to the award of other neither the one plaintiffe with out th●● other , nor the one defendant without the other , may discharge the arbitrators , the reason is obvious , because that they were chosen by the joynt authority of both , and therefore cannot be countermanded by one alone . but that which is the last and best authority , is vinyors case ; where it is resolved that though a man be bound to stand to the arbitrement , &c. yet he may countermand the arbitrators ; the reason that is given is , because a man cannot by his own act make such an authority , powr , or warrant ; not countemandable which by the law , & its ow● proper nature is countermandable , a●● i make a letter of attorney to ma●● livery or to sue an action in my 〈◊〉 or if i assigne auditors to take an account , or if i make one my factor , o● submit my selfe to an arbitrement though that these are done by expresse words irrevocable , or that i grant , or unbound that al these shal stand irrevocable , yet they may be revoked ; so if i make my testament or last with irrevocable , yet i may revoke it . but in this case it was further resolved that by the countermand or revocation of the power of the arbitrator , the bond ( according to the opinion of brooke before cited ) is forfited , because he was bound to stand to his award , which he doth not doe when he discharges the arbitrator . i have sufficiently cleered it , that the authority of arbitrators is countermandable ; but hence arises two questions more , the first is . whether the authority of arbitrators be countermandable without deed , or not ? the resolving of which doubt i conceive will stand upon this difference , where the submission is by deed ▪ and where without deed ; where it is by deed , in such case i conceive the authority cannot be countermanded but by deed and so is 49. e● 3. but where it is without deed , there the authority may be countermanded without deed and this i ground upon that rule of law codom modo qu● 〈◊〉 creatur dissolvitur . it is but agreeable to naturall equity , that every thing should be dissolved by the same me●nes or power that it was created . and in vinyors case which i have ●●ited before , there the submission 〈◊〉 by deed , and the countermand pleade● by deed , the second , and last do●●● or question considerable in this countermand of the authority of arbitrators i● whether there ought to be notice of the countermand or no ? there must be notice of the countermand , fer without notice , it 〈◊〉 no revocation or abrogation of the authority and so it is resolved in the bookes which you : have in the ma●gent . vinyors case cited before was th●● he brought an action of debt upon bond against wilde , conditioned for ●he standing to an award , to which the defendant pleaded that the arbitrator made no award , the plaintiffe replied , that after the making of the said writing obligatory , and before the feast of &c , the defendant by his deed &c. rovocavit & abrogavit 〈◊〉 authoritatem &c. which he had given by his writing obligatory to the arbitrator , upon which the defendant demurred . t is true , that in this case it was resolved that the plaintiffe need not averre that the arbitrator had notice of the countermand ; but the reason that is given , is not because that no notice is requisite , but because notice is implied in these words , revoca●n & abrogavit , is in the words feoffavit , dedit & dimisit , a livery is implied . but it was , resolved that without notice , it is no revocation of the authority ; and therefore if there were no notice in this case ( saith the booke ) the defendant ought to have taken issue quod non revocavit &c , and if there were no notice it shall be found for the defendant . i have done with the countermand of the authority the next thing to be considered is . what an arbitrement is . an award or an arbitrement , is nothing else but the order judgment and decree of the arbitrators upon the matter or thing in controvercy referred or submitted unto them by the parties for their determination , thus in short you see what an arbitrement is , the next and maine seruple or question will be . what arbitrement is good in law and what nor ? an award or an arbitrement may be void in law in severall respects , and first . where the award is not according to the submission . and this threefould either in respect of the persons things submitted , or the circumstances of the submission . and first , an award may be void where it is not according to the submission in respect of the persons ; that is where it doth award a thing to be done by or to a stranger who is not party to the submission . in 22. h. 6. the case is thus ; in debt upon a bond to stand to an award the defendant pleaded that the arbitrators did award him to pay 20 shillings to r. a stranger , which he paid , in this case by the opinion of the whole court , the award was void . so in 17. e. 4 two submitted themselves to the arbitrement of i s of all trespasses &c. who awarded that the one should pay to the other 40 l. 10 l. in hand , and that he should find three severall sverties , every one of them to be bound with him in 10 l. to pay the 30. l. residue at a certain day , by the whole court , the award was void , as to the finding of the suerties which were strangers to the submission . and therefore certainely that oppinion in 5. h. 7. cannot be law , where it is admitted that an award to make a feoffement to a stranger is good moore and bedels case was thus , bedel recovered by default in an action of wast against moore 45 l. damages , after which judgment , they submitted themselves to an award , the arbitrators award that moore should pay to bedel 10 l at certaine daies , and 15 l. at certaine other dayes , and that for the payment of the 15 l. one william salter should be ready to seal● and deliver 15 obligations &c. and that the said william salter should doe other things , not within submission . in this case it was adjudged that as to all that was to be done by william salter , being a stranger to the submission , the award was void , for they are not bound to performe any award but that which is within the submission , so likewise it was adjudged betwixt ecclessield and maliard in the kings bench. two submit themselves to the arbitrement of a. who arbitrates thus , the award of a. indifferently chosen by i. for the behalfe of the obligor of one parte , and the oblige of the other parte , &c. the doubt was whether the award were betwixt the parties o● no , but it was ruled that it was , because that i. was not party to the award , but a deputy or factor &c. a. and b. were bound to stand to the arbitrement of i. s. concerning a matter in controversie which did arise of the part of the wife of b. before covertute , i. s. awarded that a. should pay so much to b. and his wife . in this case it was moved by seriant rolls that the award of paiment of mony to the wife was out of the submission , and therefore nought . but by the whole court the award was held good , because it doth appeare upon the submission that the controversy did arise on the part of the wife . secondly , an award may be void , where it is not according to the submission , in respect of the things or matters submitted . if one be chosen arbitrator to make an arbitrement upon one thing , and he makes an arbitrement upon another thing , the abitrement is void . in the case of moore and bedel cited before , who submitted themselves to an arbitrement of all matters in varience betwixt them ; the arbitrators award ( amongst other things ) that whereas bedle being possessed of a certaine coppy hould ●oulden of the mann●r of l. in the country of b. had made a lease for years of the said copihould by indenture contrary to the custome , that one william salter pro posse suo should cause that no advantage should be taken of the forfeiture , in this case it was adjudged that the award concerning this coppihould not being within the submission was void . two submitted themselves by recognisance to an arbitrement , of the right and interest of 200. acres of land , &c. the arbitrators award that the defendant should have brakes during his life in the land , resolved that the award was not according to the submission , because that , that was of the right and interest in the land ; and the award is only of parcell of the profits out of it . if i. n. and three others put themselves upon an award of i. s. of all actions and demands betwixt them . in this case the arbitrator hath good authority to make an award of all joynt matters betwixt them , and of all severall matters also : but he cannot arbitrate any matter betwixt the three only , because they are one party against the fourth , but he may determine betwixt any of the three and the fourth . in 9. e. 4. two submitted themselves to the arbitrement of one i. l. de omnibus actionibus personalibus sectis & querelis , &c. betwixt them , &c. who awarded that , because the defendant had committed divers offences to the plaintiffe , and that the plaintiffe was seised of such a house in fee , that the defendant should release to the plaintiffe , all the right which he hath in this house , &c in this case i conceive the better opinion to be , that the arbitrement is void , because that the power of the arbitrator who is a judge privatly chosen by the parties , shall be taken stricti juris , in that thing onely of which the compremise is , and not in another thing ; and here the compremise was but of a thing personall , and the arbitrator hath awarded a satisfaction reall , to wit , a●release of a right to a house , which was not comprised within the submission . and littleton in this case said , that if he had awarded that the defendant should serve the plaintiffe two yeares , this would be void . and by choke if we put our selves in arbitrement de jure , titulo , & possession● manerij de dale , and the arbitrator makes an award of the mannor of sale , this is void . haynes against a●nsteed in debt upon an obligation to stand to an arbitrement in all causes that have bin depending betwixt the parties ab initio mundi , the award is that the defendant shall release all causes to the plaintiffe from the beginning of the world , usque &c. tanfield iustice that the award is void for it is , that the defendant shall release all causes generally ; and the submission is of all causes depending then , and so the award void , and then the obligation not forfeited , quod curia concessit ; and judgement was given for the defendant . in a writ of error upon a judgement given in the common bench in debt upon an obligation to stand to the award of i. s. concerning an action of account pending , the arbitrator made an award touching the account ; and further awards that every of the parties should release to the other all actions ; the error in point of law was that the award was void , for though the arbitrement may be good in part and void in part , yet if it be void in any part , the obligation is void ; quod non allocatur ; for per curiam when the award is made for more then is submitted ( as in this case ) it is good for the thing submitted ; and void for the surplusage , but if the award bee made of lesse then is submitted , then it is void for the whole . if divers covenants be , and a man is bound in an obligation to performe them , and some of the covenants are void and against law , and the residue good , yet he ought to performe those that are good , otherwise the obligation is forfeited , and this was one alderman lees case , vide 14. h. 8. wherefore judgement in this case was affirmed . goffe against browne upon an obligation dated the 23 of february to performe an award of all causes untill the day of the date of the bond. the defendant pleaded that the arbitrators made no award . the plaintiffe replyed that the 28 of march following , they made an award ▪ de & super premissis , that the defendant should pay the plaintiffe 20. l. at midsummer following , in full satisfaction of all matters between them , and that they then should make the one to the other generall releases of all matters betweene them , and assigned the breach for the non-payment of the 20. l. the defendant demurred ; because the award did seeme to exceed the submission , being for discharge and satisfaction of all matters to the day of the award , which was more then was submitted , for it may bee that the arbitrators might meane some part of the 20. l. in discharge of the causes that might arise betweene the 23. of february , and the 28. of march , which were not within their power , and so for the release . yet judgment was given for the plaintiffe either because de & super premissis may import a restraint to the thing submitted , or else that no new causes shall be supposed except they were alledged . * as in pleading of awards of causes they neede not averre that these were all , &c. there was a case which was betwixt robert tiderby the father and robert tiderby the sonne , which was thus ; they bound themselves to stand to the award of i. s. concerning all controversies , quarrels , and debates right title , and possession of , or concerning the mannor of dale . i. s. awarded a convayance of the mannor of dale to certaine uses , and that robert tiderby the father should deliver all evidences , and charters concerning the mannor . in this case it was objected that the delivery of the evidences was not within the submission ; for they are neither the right nor title , nor possession of the land . to which it was said that the chart●rs are the nerves and sinewes of the land , and therefore with in the words right and title , for without the charters , neither of these can be maintained also by 8 h. 6 & 16 e. 4. where arbitrators have power over the principall , they have power over the accessory ; and therefore the right and title of the land being put to the award of i. s. which is the principall , he hath power to make an award of the charters which are the accessory . againe , an award may in some cases be void , where it is made of parte onely of things or matters contained in the submission and not of the whole . in 19. h. 6 two submitted themselves to an award upon the right title and possession of land ; the arbitrator made an award of the possession only ; which was objected by yelverton to be nought , because it was of part of the thing in submission onely . but by newton if two submit themselves to an avvard of al actions reals and personals , and an award is made of all actions personals onely , this is good and so was the opinion of the whole court. in 39. h. 6. by prisot where two or three things are put in arbitrement joyntly , and an award is made of part , and not of the whole , this is a void award . and in 22 e. 4. where the submission is of all trespasses , betwixt a. of the one part , and c. and d. of the other part ; and an award is made , that a. shall pay 10 l. to c. and saith nothing of d. yet it is a good award : for it may be that a. hath offended c. and hath not offended d. which books , and all others to this purpose , must hee understood with these differences : first , where the submission is by deed , and where without deed : where it is without deed , there the award may be made of part only , and good . again , where the submission is by deed , there is this difference to be observed ; where the submission is generall of all matters , &c. or in speciall , of some particular things only , with an ita quod , or proviso , the award be made de premissis ; or that the said award be made and given up by such a time : and where the submission is general or special , without such a conditional conclusion . for in the first case the award must be made of all the matters submitted , because of the conditionall reference , and in the last the award may be made of part only , and good . so it is ( where the submission is not conditionall ) in case of divers particular persons ( as the case is put before ) if two of one part , and one of another part submit themselves , the arbitrator may make an arbitrement , betwixt the one of the two of the one part , and the other of the other part , and good . but note reader , that there is this difference to be observed betweene pleading of an award upon a submission general conditional , and pleading of an award upon a submission special conditional . for in the first case , if an award be pleaded de premissis modo & forma sequentibus ; and alledged to be upon one single matter in controversie , this is good ; because it is shown that the award was made de premissis , which doth import an award of all that which was referred to the arbitrators ; and so it shall be intended , untill the contrary be shewn by the other party : for when the submission is generall , generale nihil certi implicat ; and it may well stand with the generality of the words , that there was but one cause depending in controversie betwixt them . but in pleading of an award upon a submission special conditional , there the award must be expresly alleaged to be made of all things within the submission , or otherwise it is nought , because upon the very face of the award it will appear , whether it were made of all things in the submission or no. for if the submission be of several things in special , and an award pleaded only of one , it is apparent that the award is not of all matters contained in the submission . again , if upon the pleading of an award upon a submission general conditional it doth appear either upon the shewing of the other party ( as hath been said ) or by the award it self , that it was not of all matters in controversie in such case also , the award will be void , though the submission were general , because that it was conditional . mote and menerels case in my lord dyer was thus , they were bound to stand to the award of a. for dilapidations , &c. and all other suits , quarrels &c. ita quod , the said award were made , &c. who made an award of the delapidations , with a protestation that hee would not meddle with the rest . in this case the opinion of the book is , that the award is nought , for that it did not extend to all the points in the submission , for he made no arbitrement of the suits and quarrels , &c. but made an expresse protestation that he would not meddle with them ; by which he hath disabled himself to be an arbitrator in the premises , because that he refused to make an arbitrement according to the submission of the parties , who chose him for to arbitrate , conditionally ut supra : viz. so that the same award , &c. which is as well of suits and quarrels , &c. as of dilapidations . in this case ▪ though the latter part of the submission were generall , yet because it was conditional , and it did appear by the award it self , that it was not made of all things submitted , therefore the award was not held void . but in this case i conceive , that if the award had been of the dilapidations generally , without the protestation , that it had been good enough , because that the latter part of the submission is general : and therefore if the award had been pleaded de premissis , and aleage the award of the delapidations , it shall be intended that this was all the matter in controversie betwixt them , untill the contrary be shewed . there is one thing yet in baspoles case worth the noting , which i cannot omit : where it is adjudged , that though there are many matters in controversie , yet if one only be notified to the arbitrator , he may make an award of this ; for the arbitrator is in place of a judge , and his office is to determine secundum allegata & probata ; and the duty of the parties which are grieved , and know their particular griefs , is , to give notice of the causes of controversie to the arbitrator , for they are privy to them , and the arbitrator a stranger , and every one ought to do that which lies in his notice . and if other construction should be made , most arbitrements might be avoided : for the one might conceale a trespasse done , or other secret cause of action given him , & so avoid the arbitrement , & expedit ▪ r●ipub . ut sit finis litium . i shall cite , but one case more upon the former ground , and so passe this , which is thus . barnes brought debt upon an obligation against greenly , dated the 4 of september , to performe an award of all causes , till the day of the date : the plaintiffe pleaded the award de premissis , viz. of all causes till the 3 of december , and assignes a breach : the defendant maintained the bar , that the arbitrator made no award , and verdict for the plaintiff & judgement : here the award was a day short of the submission . upon this a writ of error was brought , but what issue it had , that my lord hobart saith , he doth not know . i doe conceive , reader , that the difference formerly taken , will resolve this case ; for if the submission were conditional , then i think the award is nought , being not so large as the submission ; but if it were absolute , in such case i think it good . but to this it may be said , that the law will not intend any other matter of controversie to arise betwixt the third of september & the fourth , without it be shewn ; and for ought appears , the award is of all causes to the fourth of september , because no other cause appeares then what is awarded : therefore quaere . thirdly and lastly , an award may be void , where it is not according to the submission in respect of the circumstantes of it . page and parkers case was thus , in debt upon a bond conditioned for the performance of an award , so that it be delivered in writing sub manibus & sigillis , &c. the defendant pleaded the delivery of it in writing , and doth not say sub manibus & sigillis , and a performance , the plaintiffe alleaged a breach , and judgement given for him , which was reversed in the chequer chamber , because the defendant did not plead the award sub manibus & sigillis ; for if an arbitrement bee not made according to the submission , it is no arbi●rement ; if no arbitrement , no cause of action . so in this case i conceive , if the award had been pleaded sub manibus , and not sub manibus & sigillis , it had been nought . so likewise , if it had not been pleaded that it was delived in writing , it had been void . and where there is a submission to an award , so that it be made and delivered to the parties in writing , at or before such a day : in such case , if it have not all the circumstances , that is , though it be made , yet if it be not delivered ; and though it bee made and delivered , yet if it be not delivered to the parties , and though it be made and delivered to the parties , yet if it be not in writing ; and though it have all these circumstances , yet if they be not all done , at or before the day , in any of these cases the award will be void , as appears by the books in the margent . and if the arbitrators award any thing after the time limited , it is void . two of one part , and two of another submit themselves to an award , so that the award be made and delivered to both parties , &c. a delivery in this case to one of either party is not sufficient , but it must be to both the entire parties . the reason of all these cases may be because ( as i have formerly said ) that it is but a bare power or authority which is giveu to an arbitrator , and therefore it must be strictly executed according to the qualifications and conditions annexed to it . but the reason that comes more close is , because that the submission is condit●onal ; ita quod , or proviso , the award of the premises , or the said award , &c. now it cannot be an award of the premises , or the said award , if it be not in every thing matter , and circumstance , agreeable to the submission . and now i have done this part , of shewing you where an award shall be void , in regard that it is not according to the submission . i shall now shew you before i go any further , what i intend by saying that the arbitrement is void , and hereupon i shall makes this qua●re . in what case an arbitrement shall be totally void , and where in part only . and here i shall lay down these three several grounds or differences , all warranted by our books . first , where the award is of one single matter only , or of many things , all out of the submission , in such case the award is totally void . secondly , where the award is of one single matter only , or of many things , all within the submission ; yet if it be not lf all submitted , where the award is conditional , or not agreeing in circumstances ( as i have shewed you before ) or if it be uncertain , impossible , &c. though but in part ( as i shall shew you hereafter ) in such cases likewise the award will be totally void . thirdly , and lastly , where the award is of one thing onely , or of severall things , part within the submission , and part out , there the award is void onely as to that which is out of the submission , and good for the residue . to these cases that i have cited , i shall only adde one case remembred before , and that is ▪ cornelius lawrence and carres case , which was thus : they submitted themselves to the award of i. s. concerning an action of account pending ; the arbitrator made an award touching the account , and further award , that every of the parties should release to the other all actions . in this case it was adjudged that the award was good , as to the account , which was submitted , and void for the surplusage . see fol. 9. b. but note , reader , that though an arbitrement may be void in part , and good in part as in the cases aforesaid , yet it cannot be totally void , as to one of the parties to the submission , and good against the o●her ; for as the award must be on both sides ( as i shall shew you hereafter ) so i conceive the award must be equally and reciprocally obligatory to both parties , and if it be void against one , it will be void against both . and i conceive that moore and bedels case cited before , will warrant this : the case was thus , bedel recovered by default in an action of waste , against moore 45. l. damages , and had judgement , after they submitted themselvs to an arbitrement , and an award is made that moore should pay to bedel 10 l. at certain dayes , & 15 l. at certain other dayes ; and that for payment of the 15 l. one william salter should bee ready to seal and deliver 15 obligations , and the award was of other things also out of the submission : and in consideration thereof , that bedel should discharge moore of 20 l. parcel of the said 45 l. recovered in the said writ of waste , and that upon the readines of william salter to seale and deliver the said 15 obligations , bedel should release to moore all actions and demands , &c. in this case moore brought an action against bedel , & shewed how that he payed the 10 l. &c. and assigned a breach of the award , that the defendant had not made the release upon request . it was resolved , that though that many things are awarded to be done in satisfaction of another , ( as in this case ) and some are within the submission ( as here the payment of the mony ) and some out ( as in this case , all to be done by salter being a stranger ) and so void ; and though that all were intended by the arbitrators to be one full and entire recompence , for the things that the other should doe in consideration of this ( as here the discharge of the 20 l. and the release by the defendant ) notwithstanding if any to be done or to be given to the party , though that it be of small value be within the submission , the award is good ; so in this case judgement was given for the plaintiffe . in this case it is apparent , that if what was awarded on the plaintiffes part , had been all out of the submission , and by consequence void , that then the defendant in such case had not been tyed to perform what was awarded on his part , for an arbitrement void against one , is void against both . rudston and yates● , case cited before : an infant and one of full age submitted themselves to an award , it was adjudged that the submission , and by consequence the award , were absolutely void as to the infant ; and being void as to the infant , that it was likewise void as to the man of full age ; for that the award ought to be equally binding . and now i have showne you where an arbitrement shall be void in the whole , and where in part only : it will be necessary that i shew you , where a bond for not abiding such an award shall be forfeited , and where not . where an obligation shall be forfeited for not performing of an award , which is void in part or in the whole , and where not ? the law as to this , takes this difference , betwixt an award void in the whole , and an award void in part only . where the award is totally void ▪ there the bond can never be forfeited or the non-performance of it : because , that a void arbitrement and no arbitrement , are both one in the judgement of law. and therefore no more then a bond can be forfeited , where there is no award made can it be forfeited where there is a void award made . for as in the first case , he cannot observe tha● which is not ; so in the last , the law requires not the observation of that which is void . as for the book in 22 hen. 6. where there was a submission by bond , and an award to pay 20 s. to a stranger ; and it is there said , that the judgement of the court was , that though the award were void , yet it ought to be performed by reason of the bond ; for otherwise the bond is forfeited : and therefore saith the book , the plaintiffe traversed the award , quod mirum , sayes brooke for this is no award between the plaintiffe and the defendant . well might he wonder at it indeed , for certainly this cannot bee law : but because it is sufficiently refused by my lord coke in his tenth book , the place cited before , i shall thus passe it . but now on the other side , where the award is void in part only , there the bond may be farfeited for not observing the award , for as much as is within the submission , though not for that which is not contained in the submission : and therefore if a breach be assigned in that part which is void ▪ the action will not lye . in emery and emerys case cited before , glanvile cited a case betwixt hellier and rendals in the kings bench in which he said , he was of counsel , where the plaintiffe assigned his breach at a void matter , and after verdict for the plaintiffe this was spoken in arrest of judgement ; and judgement quod quer . nihil capiat per billam . but now a breach may be assigned as to that which is within the submission , and the bond forfeited for it . in 18 e. 4. it was ●awarded that one of the parties should pay 40 l. to the other , 10 l. in hand : and that he and three others should be bound for the payment of the thirty pound residue . in this case by brian , neale , and choke , though that the award be void , as to the strangers , yet it is not , void as to the party which submitted , but he must plead the award verbatim , as the arbitrators gave it , and in performance of it he must say , that he himself was bound for the payment of the 30 l. rest at a day , and shall not speak of the sureties . so in cornelius lawrence and carres case cited before ▪ it was adjudged , that where there is an award of more then is submitted , it is good for that which is submitted , and void for the surplusage , and that the bond is forfeited for not performance of that which is within the submission . see fo . 9. b. in 17 h. 7. by vavisor and fronick . if a. b. be bound to stand to the award of certain persons of , &c. who award that the said a. b. and e. his wife shall levie a fine of the same lands to the other party , though that the award be void as to the wife of a. b. yet the said a. b. is bound upon pain of forfeiture of his bond , to do it . and agreeing with these cases , is moor● and bedels case so often remembred before . and we must observe , that where a man is tyed by promise to stand to an award , it wil be the same with the obligation , as to those things before laid down , as you may see in moor● and , bedels case . and now having declared unto you in what case a bond shall be forfeited for not performing of an award , and in what not . it will be necessary in the next place ( before i proceed ) to clear the point of notice of the arbitrement ; that is , whether the compromittors which have bound themselves to stand to an award , are bound to take notice of it at their own peril or not ? this very point is as much controverted and debated in 8 edw. 4. the dutches of suffolks case , by all the judges in the chequer chamber , as it is possible for a case to be : and thee ●s as much variety of judgement and opinion in it , as ever i met with in ●ny one case of the law. and though i do conceive the better opinion in that case to be ( for it is not resolved ) that the party who 〈◊〉 bound himself to stand to the ●ward , must take notice of it at his own perill : because as catesby saith ●●cellently well , though that a man by reason shall not be compelled to 〈◊〉 a thing without having notice of 〈◊〉 , yet a man may binde himself by his deed to do a thing , the which by reason he should not be bound to do . yet i conceive the judgement of these learned men , viz. fairfax , starkey , yelverton , and others , ought not to be so undervalued , especially upon no lesse then four severall debates of the point , as to be called a sudden opinion , as it is in fraunces case in my lord cokes 8 book . but for the law in this point , certainly it is now setlet and in peace , that the compromittor must take notice of it at his own perill , having bound himself to stand to and observe the award . in 1 hen. 7. the opinion was clear ( saith the book ) that the obligor● ought to take notice of the award at his own peril , because he hath bound himself so to do . and in 18 e. 4. by brian , vavisor , and catesby , justices ; where an award is made , the party ought to take notice of it at his own perill , and they say , that so it was adjudged in the time of the same king , in the kings bench. which cases are agreed for law in my lord cokes 4 book , as also in his 8 book fraunces case , where it is said , that so is the law without question . and the reason given there is , because when a man bindes himself to do or performe any thing awarded by a stranger , he doth by this , take notice at his perill , of all things incident to this , for the saving of his obligation . and therefore wee may safely conclude the booke in 7. h. 8. where there is an opinion to the contrary , to be no law : but of this sufficient . i shall now proceede to shew you in what respects or for what other rea●ons an award may be saide to be void in law : the first ground i layde downe , was where the award is not according to the submission , the next shall be the incertainety , where an award shall be voide in lawe for the incertainety ; in all cases where the award is uncertaine , it is void : for the arbitrators ( as i have shewed before ) are iudges , and their judgement must be certain ; for judicium debet esse cer●●● . and the law doth in all cases abhorre uncertainty , because it is the mother of confusion . samons case ; the arbitrator awarded , that the one of the parties should enter into a bond to the other , and doth not award in what summe the bond shall be , adjudged void for the incertainty . for , as the book saith , the arbitrators are judges of the case , and their judgement awarded , ought to be certain , so that by this the controversie be decided , that it may not bee the cause , through the uncertainty of new controversie . martham and iennings's case , in debt upon an obligation to stand to the arbitrement of poly of grayes inne , for the title of coppy hold in question betwixt the parties ; poly awarded , that iennings should pay to the plaintiffe 20 marks , viz. 6 l. 131. 4d . super vicesimum primum diem maii ; and 6 l. 13 s. 4d . at the feast of st. michael next following : and that the plaintiffe should release to the defendant all his right in the coppyhold , super predictum primum diem maii ( omitting vicesimum ) where there was no first day named before . the defendant pleaded , that there was no award made : the plaintiffe replyed , that there was an award made , and sets it forth ; and that the defendant hath not paid the 6 l. 131. 4d . upon the first day of may : the defendant demurred , intending that the arbitrement was void for the uncertainty , viz. in that it was to be paid super predict . primum diem mitij , where there was no first day named before . tanfield justice , the arbitrement is void in the whole , because that the day to which the release is referred to be made it uncertain , and so it doth not appear when it shall be made : and for that it doth appear , that the intent of the arbitrator was , that it should be made at a day certain , and this is not certainly expressed , it is void . and though that the arbitrement consists upon divers parts , and some are certain , yet if any part be uncertain , all is void , if it be materiall and concern a party to the submission , as here it doth . and it is not like the case of 19 e. 4. 1. for there the award which was void for part , that part concerned a stranger not party to the arbitrement , but here it concerns both parties to the arbitrement . and though that there be another clause , that the plaintiffe shall make further assurance ; yet his intent was , that the other should be also done : and because that that is void for the uncertainty , all is void : for an award is like a judgement , which if it be imperfect in any part , it is void for the whole ; and after , judgement was given for the defendant . note here reader , that if an award be made of severall things , all within the submission ; if it be uncertain in part onely , it is totally void , which doth agree with the differences which i have formerly layd down . in 8 e. 4. cited before , by yelverton : if an award be made , that an action shal be conceived betwixt the parties , by the advice of s , and f , the award is void : because saith he , every arbitrement ought to be full and certain , and so it is not here , untill the said s , and f. limit the action . i must confesse the greater opinion in this case is , that the award is good : but i conceive the opinion of yelverton ( as i formerly said ) to bee the better opinion ; because the judgement of arbitrators ought to bee finall ( as i shall shew you hereafter ) and nothing ought to be referred to the judgement of other persons or to the law : for by the submission ( which must be their rule ) they themselves are to end al suits & controversies betwixt the parties ; and if they do not , their award is not according to the submission , and therefore void . rudston and yates's case ( which i have put often before , though to other purposes ) was thus : an infant and a man of ful age submitted themselves to an award ; the arbitrators award , that the infant should pay . 5 l. to the other party , for quite rents and other small things , &c. t is true , that in this case it was adjudged ( as i have formerly said ) that the submission of the infant was absolutely void . but it was also adjudged , that the award in this case was void , because of the uncertainty of those words , other small things , it not appearing what those other things were : and it may bee they were such things , for which an infant by the law may not be chargeable : and by the same reason they have assessed 5 l. they might have assessed 20 l. here likewise note reader , that the award being of things within the submission , was adjudged totally void for the uncertainty of part only . two submit themselves to the award of i. s. who awards , that one of the parties should pay a certaine sum to the other , and that the other in consideration of this , should discharge him of a bond in which they two were bound to a third person in an 100. l. out t● circit●r . in this case it was objected , that the arbitrement is void , because the arbitrators have arbitrated a thing uncertain ; by reason that it doth not certainly appear of what summe the bond was in which they were bound , and the ●o circiter is utterly uncertain . but the opinion of the whole court was , that there was a sufficient certainty ; because that lyes not in the power of the arbitrators to know the direct sum , and a small variation is not materiall , and therefore the award was held good . nichols and grummons case ▪ there the arbitrators award , that one of the parties should pay 3 l. 101. to the other , and doth not say for what ; so that it may appear whether it concerned him or no , it was held void for the uncertainty . and if this should not be void , it might be very mischievous to the party ; for by this means he might be doubly charged . for in an action brought for the same thing , for which this money is awarded to be paid , i doubt the arbitrement could be * no plea in bar of the action ; because it cannot appear , whether it were for the same thing or no. and the avertement of the party can never declare the intent of the arbitrators , and so help the uncertainty or other imperfection in the arbitrement , as it is agreed in this case , and resolved also in 7 and 8 of the queen , dyer : and in girling and gosnolds case , here immediately following . girling and gosuolds case in the kings bench was thus : debt was brought upon a bond for not observing of an award ; which was , that the defendant should pay to the plaintiffe 20 l. per annum , during the continuance of two leases for yeares in being of the parsonage impropriate of yarmouth , &c. and it was not showne in the award for what tearm the leases were ; but the plaintiffe shewed for what tearme they were , and the continuance of them ; and alleaged a breach for non payment of the 20 l. &c. in this case it was objected , that the award was void for the uncertainty , because that it did not expresse for what time or tearme the leases for yeares were , and that it could not bee aided by the averrement of the party : and for the uncertainty samons case was cited ; for the averment my l. dyers case which i put you before . but by popham chief justice the award is good : he agreed that where the award is uncertaine , it is void : and that the parties can never aid it by an averrement ; to shew the intent of the arbitrators , if it be not expressed in the award , either directly , or by circumstance . bu● he said that if samons case in cokes 5. book had been , tha● the party should be bound in such a sum , as hee was bound in to stand to the award , or by other reference , so that it might be reduced to a certainty , and this infallibly ; in such case the award had been good . and in this case the payment of the 20 l. per annum is referred to the continuance of the leafes , which is certain ; and therefo●e he conceived the award to be good . of the same opinion were williams , yelverton , and tanfield , justices . here reader you may observe that an award which is referred or may be reduc'd to a certainty , is good enough , agreeing with that rule in law , certum est quod certum reddi potest . this shall suffice , to shew you in what case an award shall be void for uncertainty . the next thing considerable is , where an award shall be void in law for impossibility . wheresoever the arbitrators award a thing impossible to be done , in such case the award is void , and by consequence the bond not forfeitable for the non-performance of it ( as i have shewed before ) for it were a most unjust and unreasonable thing for to make a man incurre a penalty for the not doing of that which is in it self impossible to be done . in 8 e. 4. by yelverton : if an arbitrement be made to do a thing impossible , the party for the nonperformance of this shall not lose his obligation , notwithstanding that hee bee bound to stand to the arbitrement , because he cannot by any possibility do it . as if they award that i shall make the thames to run over the seller of westminster within a day : or that i shall pull down pauls steeple with my hands within an hour , or the like impossibilities ; because i cannot performe it , i am excused of my obligation . so in 8 e. 4. by moile : if the arbitrators award a thing impossible , as if i put my self upon an arbitrement this day , and they award , that i shall pay a sum certain at a day which was before the submission ; i shall not forfeit my obligation for the non-performance of this arbitrement , because that it was impossible to be performed . in 21 e. 4. by genney : if an award be , that i shall release all the right which i have in the mannor of i , s. in the county of m. to pigot , or levie a fine to him , and in truth there is no such mannor ; this award is void , because it is impossible . so if the award be , that he shall release his suit against b. and he hath no suit against him , this is a void award . but note reader . where the thing awarded is in it self feasable and possible to be done , though in relation to him that is to do it , it may not be possible ; yet because it carries with it no apparent impossibility , the award in such case is good . if the arbitrators award , that hee shall pay a 1000 marks presently , he is bound to do it : and it is the folly of the party to put such confidence in the parties that are chosen arbitrators . so they may arbitrate things , the party cannot do ( which are the very words of the book ) as that the defendant shall pay 10 l. in money , where peradventure hee never had 10 d. or that he shall pay 20 tunnes of wine , or the like ; where he hath not one : in these cases the award is good . in debt upon a bond , to stand to an award ; the defendant pleaded , that the arbitrators did award that the defendant within eight-dayes after the award should go to the house of sir henry collet , and that he should bring a bale of woad , &c. and the defendant saith that there was not any bale of woad in the house of the said henry collet , within eight dayes after the said award . by keble this plea is not good ; because he hath bound himself to stand to the award , and to perform it , which he must do , otherwise his obligation is forfeited . besides this is a thing feasable , for though sir hen , collet had not any bales in his house , if he would have performed the condition , he ought to have bought certain bails , and to have brought them to the house of sir henry collet , &c. and then departed &c. and because he hath tyed himself to perform the arbitrement , he ought to do it , if it may be by any possibility done . the reason of all these cases is , because it is the folly of the parties to make choice of , and to put so great confidence in such persons , whom they chose to be their arbitrators , and it is no newes that a man should suffer through his owne folly . againe , where the thing awarded is in it selfe possible , and possible also as to the party who is to do it , yet , where the thing awarded lies not in the power of the party himselfe , without the aide of a third person , in such case the award is void . two submit themselves to an arbitrement , the arbitrators . award that one of them shall make i. s. to pay 20. l to the other the award is void : because in this case ▪ it lies in the will of i.s. whether he will do it , or no and the party hath no meanes to enforce him . two submit themselves to the award of i.s. who doth award one of the parties to pay to the other 40 l. 10. l. in hand , and for the 30 l. residue that he finde three severall persons to be bound every one in 10. l. to the party . in this case by the opinion of all the iustices , the : award was void . and there it is said that in an arbitrement the law intends , that the arbitrators should be indifferent and equall judges betwixt the parties : bu● what indifferency is this , to cause a man to make such a thing to bee done , which lies in the will of a stranger whether he will do it or n● . as put the case ( saith the book ) that an arbitrator wil award that i must cause the king to giue the tower of london to the other , such an award is clearely void . and by brian in 19 e. 4. an arbitrement that the party before such a day shall levie a fine before us , is good ; but if the arbitrement be , that he shall command us to sit here , and to make him levie a fine this is void for he hath not power to do it . so in 5 h 7. an award that the parties shall discontinue and make retraxits of their suits , is good : the reason of these cases , i conceive may be , because that though these things cannot be done without the act of court , yet heere is concurrence of the act of the party also , which doth produce the act of the court. and 〈◊〉 cheife justice in 21 e. 4. takes the true difference , sayes he there , where the act may be done by my selfe , without the aid of a third person , in such case i ought to do it ; but where it cannot be done without the aid of a third person , there it is otherwise . there was a case which was 15 of this king , which i cited before to another purpose , which was thus ; an award was made , that one of the parties should pay a certaine summe to the other , and that the other in consideration of this , should acquit him of a bond , in which they were both bound to a third person in a 100 l. &c. in this case , the award was held good , and this diversity was taken by the court : where the arbitrators arbitrate a party to do a thing which lies in his power without the aid of a third person there the award is good , otherwise , where it lies not in his power without the aid of a third person . and here it was agreed that the thing awarded was feasable by the party himself , without the aid of the oblig●e , and this difference was taken by the court , where the bond was forfited , and the penalty incurred and where 〈◊〉 where the day of payment was not incurred ; there the payment of the● money , at the day would bee a good discharge of the bond , and by consequence a good acquit 〈◊〉 of the party , but where the bond was forfeited , there it could not . and ion●● iustice said that he might compell the oblige● upon payment of the money , though the bond were forfeited , to de●iver the bond by subpoen● in chancery ; or that he might suffer an action to be brought against him , and then discharge and pay it . according to the opinion of iustice iones in his former case it was ruled , that where arbitrators doe award , that whereas such a one was seised to my use , that i should cause him to make a release to the other being in possession , that the award was good ; because that i have such an interest & power that ▪ i may compell my feoffees to do it by subpoena in the chancery . thus you see ; that where i may do the thing awarded my self , without the aid of another , or may inforce it to be done , in such case the award will be good : the next thing to be considered is , where an award shall be void by reason of the not indifferency of it , or because it is made of out side only . as arbitrator● are indifferently elected , so the law intends ( as it is said in 17 e. 4. ) that the arbitrators should bee indifferent and equall iudges between the parties , which they cannot be , if they do not giue satisfaction to both sides , and therefore in such case , where the award is not mutually satisfactory , it is voide . it was an ingenious saying of hearu an emery & emerys case cited before ; arbitrators , saith he , are indifferently chosen , so that both the parties may have recompence in regard of their bond , which is equale pondus to both ; and an arbitrement , saith he , is like a fine , wherein the iudges are arbitrators , one hath the land , & pro hac concordia the other hath money . if the defendant plead an arbitrement made betwixt him and the plaintiffe of all quarels between them , &c. who award that the defendant should goe quit of all actions and quarrels had by the plaintiffe against him ; aud nothing is spoken of the quarels which the defendant hath against the plaintiffe , the arbitrement , is void . so , if two submit them selves to an award of all trespasses , and an award is made , that the one shall make amends to the other , and nothing is awarded that he shall do to him againe , this is a void award , because all is for the one party , & nothing for the other . in trespesse for taking away of goods , the defendant pleaded an arbitrement , which awarded , that because the defendant had taken away the goods of the plaintiffe , that he should re-deliver them in satisfaction of the trespasse , which he did and ●here by the better opinion the plea is nought , because that re-delivery of his owne goods , can be no satisfaction for the taking and detaining of them . an arbitrement is no plea in trespasse , if the defendant doe not say that the arbitrators awarded that he should giue something to the plaintiffe more , or lesse , in satisfaction for that is a satisfaction to neither side ; the plaintiffe is not satisfied for the trespasse done him , nor the defendant discharged thereof without some satisfaction for the wrong done by him . in trespasse for goods , the defendant pleaded an arbitrement that he should retaine part of the goods , and should deliver the rest , which hee hath been alwaies ready to deliver and demands judgment ; this is , conceived to be no plea : and this case was put , in debt of 10 l. the defendant pleads an arbitrement that he should pay part , and not the rest ; or to pay the moity and retain the other moity , this no plea. ●tis true , that brooke makes a quere of the case , because it was not adjudged ; but withall concludes , that it seems it is no plea : and certainly so is the law. for if an award for the re-delivery of all the goods could be no plea , because no satisfaction ( as the case is in 12 h. 7. cited before ) much lesse an award for the re-delivery of party only : for this is no other then to endeavour to satisfie one wrong with another . for the latter case , as it is said by keble , in 9 h. 7. that it is against the law for the arbitrators to award the party to pay more then of right hee ought to pay . so certainly it is as much against the law , to award the party to pay lesse then of right hee ought to pay , for there is no equality nor satisfaction for that which is more or lesse in either case . nichols and grummons case , cited before : there was an award , that the defendant should depart from his house , wherein he dwelt , &c. and should pay 3 l. 10 s , to the plaintiffe , and it doth not appear for what , &c. in this case it was adjudged , that the award was void , because it was of one side only . but now , where there is either an acquittall or an expresse satisfaction on both sides , or of one side only , with an implyed discharge of the other ; in such case the award will be good . it is a good award , that because that the one party hath done more trespasse to the other , then the other to him , that he shall give a penny in satisfaction , and that the other shall be quit against him . an arbitrement , that the one hath done trespasse to the other , and that the other hath likewise done trespasse to him ; and therefore that the one shall be quit against the other , and that the other likewise shall be quit against him , is a good arbitrement . in trespasse for the taking away of goods , though an award that he shall re-deliver the goods to the plaintiffe in satisfaction , be no good award ; yet by keble and tremaile , if the award had been that he should carry them from such a place to such a place at his own costs , this had been good . and by keble , if a man take my horse from me , and we put our selves upon arbitrement : in this case , if the arbitrators award that he shall keepe the horse untill the feast of easter , and then to deliver the horse ; this is a good award , for he shall be charged with the meat of the horse which is a profit and availe to me : and i am discharged of the keeping and the meat of the horse , which is my proffit . thus you see , that a small or seeming satisfaction only , so the award be on both sides , may be good enough . so in dyer it is said , that there must be something done by either party to the other , commodious in apparance at the least . the reason of these cases , may be , because that the arbitrators are made judges of the matters in controversie betweene the parties : and therefore where the submission is of things uncertaine , as trespasse ▪ or the like ; in such case if the arbitrators shall adjudge the offences to be equall where they are not so , and so a mutuall discharge on both sides : or shall award the payment of 10 l. where there was not 5. s. damage ; or but a peny , where peradventure there might be 10 l : damage . in such case there is no remedy because you have made them your judges , and tied your selfe to stand to their judgment . otherwise it may be where things certaine are submitted , as debt ; or the like , as i have shown you before . and now i shall put you a case or two to the former , where there is an expresse satisfastion of the one part , and an implied discharge of the other only , and yet the award good . an arbitrement , that the defendant shall pay a penny to the plaintiffe in satisfaction of all manner of actions , which he hath paid , is a good harre . nichols and grummons case cited before , if an award be , that an obligor in a single obligation shall pay the debt ▪ this is a void award without there bee a provision for his discharge ; because payment is no discharge in that case without an acquittance . but if the award be , that he shall pay 10 l. for a trespasse , it is good ▪ because a satisfaction implyes a discharge . so an award , that the defendant shall pay a debt that was due to the plaintiffe , which he also promised to pay , is good ; for there the award is as well of the one side as the other ; because the one receives the money , and the other is discharged of the debt , and of his promise to pay it . thus you see , that where an award is expresly of one side , and implyedly only on the other , that in such case the award is good . the next thing to be considered is , that though the award be on both sides , yet , where there is no means by law for either party to attain unto that which is awarded him , the award is void . in trespasse , the defendant pleaded an award , that the plaintiffe should pay to the defendant 10 l ▪ and release to him all actions of trespasse , & after the defendant should release to the plaintiffe all trespasses , which he was alwayes ready to doe , and is yet , if the plaintiffe had paid the 10 l and released . in this case this was held no good plea ; because , that if the plaintiffe had paid the money and released , he could have had no remedy to inforce the defendant to have released ; and therefore this award is no bar of the action . so in a writ of forger of false deeds , the defendant pleaded an arbitrement , that the plaintiffe should be non-suited in that writ ; and that the defendant who hath an assize against the plaintiffe should be non-suit in this , and saith , the day is not yet come , and demanded judgement : in this case the plea was held nought , because , that if he had bin not-suited in this action , he had no remedy by specialty , or otherwise to inforce the defendant to be non-suit in the assize . and here newton said , should this be a good plea in a writ of forger of false deeds for the defendant , to say that there was an award , that the plaintiffe should have an acre of land of the defendant in amends : i say ( saith he ) that it could not , if he doth not say , the which he hath conveyed to him ; for there is no remedy in this case to constraine him to convey it to him . if an arbitrement be that the defendant shall be bound by such a day , which is not come ; he shall not plead this in an action of trespasse , for then the plaintiffe should be barred , and should have no action to compell the defendant to make the obligation . note reader , that these cases must be entended where the submission is without specialty , otherwise he were not without remedy , in this case , there are these three grounds observable , and warranted by the books . first , where the award is for payment of money at a day to come , there the award is good , because an action of debt will lye for the money upon the arbitrement if it be not paid , or the party may resort to his action againe , if he please . secondly , though the award be of a collaterall thing for which there is no remedy , yet if it be executed , it is good . thirdly , and lastly , where the award is of a collaterall thing not executed ; yet if the submission be by speciallty , the award is good . upon these grounds you may observe these four rules to direct you where an arbitement shall be a good plea in barre of an action in these cases . first , where the award is for the payment of money , for which you have remedy , and the day of payment not past ; in such case the award is a good plea in barre of the action . secondly , where the day of payment is past ▪ it is no plea in barre of the action without pleading of payment . thirdly , where the day of payment is past , yet if there be no default in the defendant ; in such case , i conceive , the arbitrement not executed , is a good plea in barre of the action . fourthly , and lastly , where the award is of a thing for which the party hath no remedy , though the day be not yet come , in which the thing ought to be done or delivered , in this case the award is no plea in bar of the action . according to these differences it ▪ hath been ruled in a case in the k. bench , which was thus . the defendant in trespasse pleaded an award that he should instantly pay 20 s. to the plaintiffe , and so demanded judgement of the action : by flemming chiefe iustice , williams and crooke iustices it was holden , that the plea was nought , because that he did not shew the money was paid , and these differences agreed . an arbitrement pleaded in bar of an action , where the defendant hath not performed the thing , and the day past , is no good plea. but where the day of the performance of the thing awarded is to come , and the doing of the thing awarded may be compelled by action , there the arbitrement is a good plea in barre of the action . and by flemming if the arbitrement be ●o make a release , or such other collaterall matter , which the defendant cannot be enforced by action to do , in such case the arbitrement is no good plea in barre of the action , though the day of performance be not yet come . and you must know reader , that where the arbitrement is to make a release , or such other collaterall thing , and the day to come , though the sumission were by specialty , yet the award would be no plea in barre of an action ; because that cannot inforce the doing of it , though it may be forfeited for the thing not done . and so saith nedham in 9 e. 4. though the arbitrement be void to this intent that the plaintiffe hath no action to compell the defendant to make the release ; yet it is good to this intent , if the party do not performe it , that he shall forfeit the penalty of the obligation . but enough of this , the next thing considerable , is , where an award shall be void because it is not finall ? the arbitrators ( as i have often told you ) are iudges of the matters in controversy referred vnto them , and their award is a judgement : now ●udicium , must not only be certum ( as is said before ) but determinatum also , it must determine the matter in controversy . t is true , an award may in some cases ( as i have shewed before ) be good of part of the things only submited , but we must vnderstand this so that the award must be finall as to that parte , or else it will be void . an award that either party shall be non-suit against the other in actions commenced by them is void , because it makes no end of the matters in controversy . and every arbitrement , saith the booke , ought to make an end and finall determination of the things in dispute and controversy ; which it doth not in this case , because that notwithstanding the nonsuits , they may commence their suites , de nove . and vpon this ground , as also the former authority , i conceive that the booke in 5. h. 7. is no law ; where there is an opinion that an award of a nonsuit may be good , but it is vpon this reason , because it is not only the act of the court , but the act of the party also . but if it were wholy the act of the party , yet for the reason before given ▪ because it is no final conclusion , i conceive it cannot be good for this is but like blowing out of a candell , which a man may at his own pleasure light againe . so , in all those cases that i have put you before , where the award is of one side only , it is void also for this reason ; because it doth not determine the controversies between them , and the controversies cannot be ended , without they be ended in respect of both parties . so likewise in the cases that i have put you before , where the award is uncertain , it is also voide for this cause , for that it is not finall . for an uncertaine award cannot decide the matter in controversie , but is more apt to beget new strifes and variances , then to conclude the old . in 8 e. 4. an award is made , that an action shall be conceived betwixt the parties by the advice of s. and f. i do conceive in this case the award is void , because it is not finall : for this concludes not the controversie , but leaves it to the judgement of law : see fo . 16. b. warley and beckwiths case , in debt upon a bond to stand to an arbitrement : the arbitrators award that the defendant shall pay severall sums to the plaintiffe , which were aleaged by the plaintiffe to be done unto him . and further , that if the defendant at , or before the feast of s. andrew the apostle , then next following ▪ should before the said arbitrators disprove the debt , or any part thereof ▪ then so much should be deducted out of the payment of the severall summes aforesaid , &c. t is true , i finde no judgement in this case , yet i conceive the law will be somewhat strong in it , that the arbitrement is void because it leaves the matter in suspence and undecided , whereas it ought to be finall and conclusive . and besides , this is upon the matter a reserving of power to make a second arbitrement , which i conceive they cannot do . i shall conclude this point with that ingenious conceit of herne , in emery and emeryes case , remembred before ▪ only a word or two more of his added . an arbitrement , saith he , is like a fine , wherein the judges are arbitrators : one hath land , & pro hac concordia , the other hath mony ; therfore fines upon condition are refused ▪ because not finall . so the law doth reject all arbitrements that are conditionall , or which leave the matters in controversie in suspence , or unconcluded . for as a fine is so called because that it doth finem li●●bus imponere : so the proper work or office of an arbitrement , is to put an end to controversie . so yelverton in 8 e. 4. an arbitrement , saith he , is used for the common weale , for to decide debates and wrongs amongst the people , as fines are ; here hee likewise joynes them both together . and the very words of the condition in every bond to stand to an award , will sufficiently instruct the arbitrators what they are to do in this behalfe ( which certainly prudent antiquity put in to that very purpose ) where the parties doe submit themselves to the arbitrement ; sentence , and finall determination of the arbitrators : and therefore the award is not according to the submission , if it be not finall : the next thing to be considered , is , where an award against law shall be void . it may be aptly demanded , what i intend by an award against law : for every award that is not according to law ; as where it is uncertaine , impossible , or the like ( as i have shown before ) may bee truly said to bee against law : and therefore this will be but actum agere , to shew , that an award against law shall be void . by billing in 8 e. 4. an award which is impossible is against the law : for ( saies he ) the law is upon possibility and reason , therefore that which is impossible is against law . so by nele and choke , an award which is made in parcels , or which enjoynes a thing not in the power of the party , is against law . by keble also in 9 h. 7. an award that a man shall pay more then of right he ought to pay , is against law . t is true , that all these , or the like , in a general acceptation of the words may be said to be against law , because they do not agree with the law . but in a more particular and restrained acceptation of the words , that is properly said to hee against law ; which is either malum in se , or malum prohibitum ; that is , either against the commandements of god , or the decrees maxims and principles of the law , as appeares by the books in the margine . and in this sense properly i conceive the law is to be understood , where it speaks of an award against law . and therefore if an award be , that the defendant shall kill or rob i. s. or that he shall maintain the plaintiffe in such a suit : or that he shall be bound to the plaintiffe , being a sheriffe , to save him harmelesse if hee shall imbesi●l a writ , or suffer an escape ; or that he shall forge such a deed or writing for the plaintiffe , or the like : in such cases , i conceive , the award will bee void , because it enjoynes things against the law . but of this sufficient . the next and last thing to be considered is , where an award made at several times , or by parcels shall be void ? an award , that the defendant shall pay a certaine sum of money to the plaintiffe , and that the surety for payment thereof should be by the advice of the arbitrators : this by choke is a void award , because that the arbitrators cannot make their ▪ award twice ; for every arbitrement ought to be made entirely , and not by parcels . and here is first an award for the payment of the money : and then here is another part of the award for the sufficiency of the security , and these at severall times , which cannot be . by danby justice , if the arbitrators arbitrate part one day , and part another day , and give their judgement , there the second is void ; but they may commune upon one point one day , and another , another day : so that they do not give their judgment nisi unica vice for all . and by yaxley , an arbitrement told in part , is void in the whole ; for an arbitrement cannot be made , by parcels . i conceive reader , that this point will stand upon this difference , where there are several awards made ▪ and where but one award made at severall times or by parcels . i conceive they cannot make severall a vards : first , because that were not agreeable to the submission ; in which the parties binde themselves to stand to the award and arbitrement of the arbitrators ; and by these words in the submission , they have no power to make severall awards or arbitrements : and when they have made one arbitrement , they have executed their power and authority , and therfore a second arbitrement will bee void . and again ▪ by the same reason that they might make two awards , they might make twenty , which were very inconvenient . but now on the other side , i conceive that an award may be made at severall times or by parcells ▪ so that it be not delivered vnder their hands according to the submission untill the whole be made . and certainly that which is principaly required in every arbitrement is , that it be agreeable in substance and circumstance to the submission ; which it may well be , though it be made at severall times or by parcells , so that it be made and delivered according to the submission , at the time appointed . and i conceive all that is done by the arbitrators , is but as a comuning or discourse concerning the matters in controversy submited unto them ; for that they may vary in their iudgments , as they shall see occasion , for they have liberty to arbitrate according to their discretions , so they have an eye to the submission . i say , i conceive all as nothing untill they have finished , and delivered the arbitrement , which is the complement and perfection of it . besides , where the submission is ▪ of many things , and those of great difficulty , if the law should be that the arbitrators might not make their arbitrement by parcells , it might be very mischeivous to the parties , especially considering that submissions are most commonly to illiterate men . neither is my opinion groundless or without authority ; for by moile in 39. h. 6. an arbitrement may well be made in parcells , so that all be made before any day assigned . i have now finished this poore indeavour of mine of shewing you what arbitrements are good in law and what not . i shall only adde this one rule concerning the vnderstanding or exposition of arbitrements , which will be very vsefull in that particular , and ●o conclude all ; and that is , that an award or an arbitrement shall be construed according to the intent or meaning of the arbitrators ▪ and not according to the words only , as you shall find by the bookes quoted in the margine . finis . notes, typically marginal, from the original text notes for div a51909-e170 cooke , l. 4 fol. 20. b. 1 cor. c. ● verse 5. cooke , lib. 4. f. 15. b. 30. ass. fol : 19. 2 e. 4 , 5 , 15. e. 4. 32 & 4. 3. 27. h. 8. 14 & 22. 30. h. 8. br. acton upon the case 104. 28. h. 8. dr. fo . 19 fol. 112 & fol. 26. fol. 1●● . psal. 37. ver . 1. 2. 30. ass fol 19. 27. h. 8. 14. & 22. cooke lib. 4. fol. 16. dyer . fol. 26. ● . 171 & 236. fol 26. heb. rep : fol. 8 pl. 11. & 247. pl. 196. cooke . l. 4. fol. 20. cooke , l. 4. fol. 16. b. pasch. 5. iac. in the kings bench. mich. 1 5. eli● dyer fo . 317. fol. 8. mich 2 iac. in the kings bench. pasch. 1. iac. in rs. rs. rot. 107. averment pasch. 5. jac. in the kings bench. words in the second person , though the party be not present , actionable cook lib. 4. fol. 5. b hill. 4● lac : in the kings benche : hob. rep : pa : 155. mich. 17 car. in the kings bench. hob. rep. pa : 15● 〈◊〉 so 32. b. cooke lib. 4. fo 1 9. a. b. coke lib. 4. fo 13 pasch. 15. car. in the kings bench. averrement . hob. rep. pa : 165. & 263 pl. 236. gibs and gin kins case . averrement : 6. iac. in the kings bench. pasch. 7. iac. in the kings bench. words slanderous in one county and not in another . pasch. 15. car. vvords spoken by way of interrogation . by way of report or relation . hill. 4. lac . in the kings bench rot. 1153 ▪ pasch. 15 c●r . negative words actionable . mich. 15 ▪ car. in th● kings bench. words of interrogation . i dream● you stole a horse , actionable pasch. 15. car. in the kings bench. pasch. 5. iac. in the kings bench. pasch. 7. jac. in the kings bench. mich. 4. jac. in the kings bench. pasch. 7. jac. in the kings bench. hob : rep. p. 247. pl. 196. hob : rep. p. 309. pl. 289. pasch. 1. jac. in the kings bench. rot. 107. 37 ▪ eliz. chappell and burroughes case . hob : rep : p. 425 pl. 381. h●b : rep : p. 308. pl. 286. fol. 1● . ● . & 11. ● cooke l. 4. fol. 15. b. cooke l. 4. fol. 20. ● c●●ke , l. 4. fol. 17. mich : 20 iac. in the kings bench. hob : rep : p. 106. pl. 97. hob : rep ▪ p. 473. pl. 406. cook ▪ l. ● . 4. so 19. ● . t●in . 18. car. in the k●ngs b●nch . trin. 4. iac. in the kings bench , rot. 1366. vvords must be taken according to common int●nt . hill. 〈◊〉 iac. in the kings bench rot. 115● words taken according unto common intent . mich : 15. eliz. dyer fo . 317 pl. 8 ▪ hob : rep. p● . 350. pl. 323. coke lib. ● . 15 : b. coke ▪ lib. 4. 15. b. ve . fo . 8. ●● fo . 9. hob. rep. p● . 8. pl. 11. hob. rep. pa. 268. pl. 236. mich. 15. car. in the kings bench. 37. eliz. in the common . pl●as . coke lib. 4. fo . 17. b. coke ibi . hob. rep. pa. 375. pl. 351. mich. 3 : in the kings bench. mich. 2. iac. in the kings bench. hob. rep. pa. 122. pl. 118. words certain by relation . cook lib. 4. fo . 19. ● b. coke lib. 4. fo . 19. ● . b. coke ibi . mich. 43. & 44. eliz in the common pleas , mittons case . 6. e. 6. dyer , f. 72. cooke , lib. 4 fol. 16. a ▪ & 19. a cooke , lib. 4. fol. 16. b. eatons case . mic. 32. & 33. eliz. in the kings bench. mich. 4. jac. in the kings bench. pasch. 5. jac. in the kings bench. pasch. 5. jac. in the kings bench. mich. 15. car. in the kings bench. cooke lib. 4. f. 19. a. b. cooke , l. 4. fol. 16. a pasch. 5. iac. in the kings bench. mick . 17. car. in the common pl. a. trin. 17. car. in the common pleas. hob. rep. pag. 159. a pl. 145. pa. 165. a pl. 154. & pa. 261. pl. 236. mich. 40. & 41. of the queene in the common plea ▪ mich. 57. car. in the common pleas. hob. rep. pa. 8. pl. 11. coke lib. 4. fo . 25. 2. e. 4. 5. 15 e. 4. 38 17. e. 4. 3. 13. h. 7 k●ilway fo . 26. b. 27. a. hob. rep. pa. 258. male & . ret● case , & 27 h. 8. 22. cook lib. fo . 15. & 19. br. action upon the case 104. hob. rep. pa. 114. pl. 107 ▪ see fo . 7. a. b. hil. 1. iac. in the kings bench. hob. rep. pa. 396. pl. 360. 34. of the queene cossimans case . mich. 41. & 42. of the queen in the common pleas. coke lib. 4 fo . 15. b. yet quaere whether the iudges can intend this a court of record● ▪ cooke lib. 4. fo . 17. anne dani●s case . trin. 16 car. in the kings bench. trin : 18 car in the kings bench● ●ill ▪ 4. iac. in the kings bench. mic. 17. car. in the kings bench. heb. rep. pa. 183. pl. 188. mich. 4. iac. in the ki●●g● bench. hob. rep. pa , 159. pl : 145. box and barnabies case ▪ hob. rep. pa. 159. pl. 245. pasch : 15 car. in the kings bench. cooke lib ▪ 4. fo , 16 a hob , rep pa , 3 , pl : 4 hob. rep. pa. 36 , pl. hob. rep. pa. 467. pl. 395. coke lib. 4. fo . 19. coke lib. 4. fo . 19. a. and 16. a. cooke , lib. 4 fol. 16. a pasch. 7 iac : in the kings bench. trin. 36. of the queene rot : 223. in the kings bench. pasch. 37. of the queene in the kings bench. rot 147 : pasch. 4. iac. in the kings bench. this case commenced trin. 3 : see fo . 18. a. mic. 4. iac in the kings bench. sir george moore & fosters case . pasch. ●● 17 ▪ car in the kings bench. 8. car. in the kings bench. 9. iac. in the kings bench. 26. of the queene in the kings bench. 18. of the queene in the kings bench. see fo . 23. b. 24. a. hob. rep. pa. 104. pl. 93. note reader this case agrees with the cases immediatly before . hob. rep. pa. 375. pl. 351. 4. e. 6. br. action upon the case 112● hab. rep. pa. 13. pl. 17. hob. rep. pa. 359. pl. 145. coke . lib. 4. fo . 16. a. hob. rep. pa. 183. pl. 188. mic● . 2. ● iac. in the kings bench. p●sch . 24 of the queene in the kings bench. cook lib. 4. fo . 19. 6 ●i . 6. dyer 72. hitt . 3. iac. in the kings bench. rot. 855. pasch. 15. car in the kings bench. this agrees with the former cases see fol : 21. a. b tri● : 37 of the queene in cam. icace . osbeston and stanleys case . pasch. 15. car. in the kings beech. averrement . pasch. 15. car. in the kings bench. averrement . trin. 41. of the queen● in the common pleas. h●b . rep. pa. 159. trin. 17. car. in the common pleas. trin. 13 of the queen● in the knig● bench. rot. 114. co●es entries fo . 22. a. b. pasch. 12. car. in the kings bench. pasch. 17. car. in the common pleas. hill. ● . of the queene in the common pleas adjudged and after affirmed in a write of error , mich. 26. & 27. of the queene in the kings bench. rot. 35. hill. 3. iac rot. 519. b. r. cookes ent●ies ● 35. a. trin. 25. of the queene in the kings bench. coke lib. 4. fo . 18. 2. e. 4. 5. 15. e. 4. 32 coke lib. 4. fo . 16. b. hil : 4. iac. in the kings bench. rot. 11 53 trin. 17. c●r . in the common pleas. mic. 17. car. in the kings bench. cook lib. 4. 10. 15. b averrement . cooke , lib. 4 fol. 17. a & fo . 20. ● . 27. h. 8. 14 the register fo . 54. cook lib. 4. fo . 17. ● pasch. 15. car. in the kings bench. 〈…〉 pasch. 15. car. in the kings bench. mic. 15. ca● in the kings bench. mich. 17● car. in the knigs bench. coke lib. 4. fo . 17. hill. 4. iac. in the kings bench. coke lib. 4. fo . 13. b coke ubi supra . coke lib. 4. fo . 16. 1. coke lib. 4. 10 l 17. a. see fo . 26 : b. 27. a pasch. 15. car. in the kings bench. coke lib. 4. fo . 14. a. coke lib. 4. fo . 13. b. 14. a hob. rep. pa. 252. pl. 213. mich. 4. iac. in the kings bench. hil : 3. iac in the kings bench. tri● . 7. car. in the kings bench. 6. ● . 6. dyer fo . 75. fol : 21. michl ▪ 3. iac. ●n the kings bench ▪ 40. & 41 of the queene in common pleas. trin. 7. car. in the kings bench. sil . 4 iac in the kings bench. 13. h. 7. keilway fo . 26. 11. of the queene dyer . fo . 2 cok● lib. ● . fo . 14● . hob. rep. pa : 268 pl. 238 hob. rep. pa 112 , pl 105 heb rep pa 425 pl 381 hob re● page 93 pl 71 cr pa 112 pl 105 trin : 16. car : in the kings bench. f. n. b 114. d. cook lib. 9 fol. 56. the poulterer● case . pasch. 3. iac : in the kings bench rot. 372. coke lib. 4. fo . 1● . b. 13. a. trin. 5. iac. in th● kings bench. coke lib. 4 ▪ fo . 17. b. & 20. . a. mich. 15. car. in the kings bench. cited before . hob. rep : pa : 3 pl. 4 hob. rep : pa 63 , pl 48. coke lib. 4. fo . 17 b. cook. lib. 4 fol. 17. b cooke lib. fol. 17. b hob rep pag. 8. trin. 17. car. in the common-plea● . pasch. 1. jac. in the kings bench rot. 107. cooke lib. 4 fol. 16. a pasch. 1. iac. in the kings bench. rot. 107. hob rep page 309 mich. 15. car : in the kings bench. pasch. 7. lac . in the kings bench. notes for div a51909-e16320 trin. 4. of the queen dyer . fo . a 17. pl. 6● . hill. 15. car. in the kings bench , rot. 313. see 14. h. 4. 12. 10. h. 6. 14. 22. h. 6. 39 4. h 6. 17. 14. h. 4. 2. 4. h. 16. 17. 2 h. 5. 2. g. h. 6. 60. 14. h. 4. 24 19. h. 6. 37. 4 h. 6. 17. 3. h 4 , 5 , 6 , h. 4. 9. 9. h. 6. 60. 14 h. 4. 18 3. h. 4. 6. 11. h. 4. 12 14. h. 4. 19. & 24. 54. e. 3. 16 12 ass. pl. 26. 21. e. 3 15. 23. h. 7. keilway . 99. pl. 6. 21. e. 3. 26. coke lib. 6. fo . 43. b. 44. 2. 21. e. 3. 26 23. h. 7. keilway fo 99. pl. 6. coke upon littleton fo . 206. b. coke lib. 8. fo . 97. 98 baspoles case . coke ubi supra trin. 4. of queen yer fo 〈◊〉 . b. coke . & dyer ubi supra . coke & dyer . ubi supra . dyel fo . 216. b. pl. 59. & 242. pl. 52. pasch. 91. of the queene dyer fo . 356 : pl. 39 19. h. 6. 36. 37. coke lib. 5. fo . 78. a. 8. e. 4. 1. & 2. mith. 17. car. in kings bench. 47. e. 3. 20 8. e. 4. 1. & 10. 19. e. 4. ● . mich. 41. & 42. of the queen in the common pleas. 28. h. 6. ● . 21. h. 6. 30. 49. e. 3. 9. 18. e. 4. 9. 8. e. 4. 10. 5. e. 4. 3. br. arbitrement 35. 6. h. 7. 1a . b. 28. h. 6. 6. coke lib. 8. fo . 82. 49. 1. 3. 9. 8. e. 4. 10. b. et 11. a. 21. h. 6. 30. 28. h. 6. 6. et 6. h. 7. 10. coke lib. 8. fo . 81. b. 82. a. 22. h. 6. 46. 8. e. 4. 1. & 9. 36. h. 6. 8. acc . 17. e. 4. 5. 19. e. 4. 1. 18. e. 4. 21. b. & 17. ●● . 7. keilway fo . 45. pl. 2 mich. 28. & 29. of the queen in the kings bench , rot. 476. pasch. 24● at the queen in the kings bench. rot. 2417. trin. 4. of the queen dyer . fo . ●16 , b. pl. com. fo . 396. ● 7. et 8. of the q●een dyer fo . 242. pl. 52 2. r. 3. 12. b. 12. e. 4. 25. b. coke lib : 5. fo . 8. a 9. e. ●4 . 43. b. 44. e. 36 h. 6. 8. et 11. acc . trin. 3● iac. in the kings bench , rot. 216. mich. 7. iac. in the kings bench , cornelius lawrence & carres case . an award made for more then is submitted , is good for that which is submitted and void for the residue . hob. rep. pa. 267. pl. 233. * coke lib. 8. fo . 98. basp●les case . mich. 9 ▪ iac. in the kings bench. 39 h. 6. 9. 22 e. 4. 25 ● r. 3. 18. b. ac . coke lib. 8. fo . 98. baspoles case . trin. 4. of the queen dyer . fo . 216. b. & 7 & 8. of the queen . dyer fo . 242. pl. 52. baspoles case , ubi supra . trin. 4. of the queen dyer , fo . 216. b. coke lib. ● fo . 98. a an arbitrator may make an award of one matter only , if he have notice of no more . hob. kep . p. 267. pl. 234. an arbitrement seeming not so large as the submission . page and parkers case in the kin. bench. 1 h. 7. 5. 7 & 8. of the queen dyer , fo . 243. pl. 56 31. h. 8. br. arbitr . 42. 2 r. 3. 13. pl. 32. & 8 e. 4. 11 a. 8 h. 6. f. 18 coke li. 5. fo . 103. hungates case . 22 h. 6. 46 36. h. 6. 1 17. e. 4 5 19. e. 4. 1. pl. com . fo . 396. a. coke lib : 8 fo . 98. baspoles case 4. of the queen dyer fo . 226. b. coke lib. 5. fo . 77. salmons case . rudston & ya●e● case cited afterward : 17. e. 4. 5. 18 e. 4. 22. b. 19 e. 4. 1. 21 e. 4. 75 17 h. 7. keilway 43 & 45. moore & bedels case before an award voide against one of the parties , i● voide against both . in osburns case . coke l. 10. f. 131 hil. 15. car. in the kings bench. rot. 113. coke lib. 10. f. 131. b 7 h. 8. keilway , fo . 175 a. mich. 41. & 42. of the queen in the common-pleas . 18. e. 4. fo . 22. b. 23. a. stiles case 41. & 42. of the qu. in the common pleas , ac . mich. 7. ioc. in the kings b. 17 h. 7. keilway , f. 43. pl 10 & 45. pl ▪ ● in oshorns case . coke lib. 10. 131. b. ● e. 4. 1. 10. 13. & 21. coke lib : 8 fo . 92. b 1 h. 7. f. 5. 18 e. 4. 18 a. coke lib. 4. fo . 82. & li. 8. fo . 9● . b. 7 h. 8. keilway ● . 175. pl. 8 coke lib. 5. fo . 77. b. & 78. a. mich. 4. jac. in the kings bench. rot. 32. ● e. 4. 11. ● hil. 15. car. in the kings b. rot. 313. 8 e. 4. 1. pasch. 15 car in the kings b. hob. kep . p. 68. pl. 54 * tamen quare , be-because hob. kep . ubi supra seemeth contrary . an averment of the parties cannot declare the intent of the arbitrators . mic. 7 & 8 of the queen , dyer fo . 242. pl. 52 pasch. 4. jac. in the kings b. this case commenced pasch. 3 jac. rot. 478. an award which doth refer , or may be reduced to a certainty , is good . 8 e. 4. 10. a. 8. e. 4. 1. b & 12. b 9 h. 6. 16. by keble . 19. e. 4. 1. by nele . & 22 h. 6 46. ac . 21 e. 4. 40 a. 21 e. 4. 31 39. 8. e. 4. 1. by moile . 19 e. 4. 4. by nele & choke . 9 h. 7. 15. b. 8. e. 4. fo 2 a by yelverton 22 h. 6. 46. ●c 17. e 4 fo 5. b 19 e. 4 fo 1. 19 e. 4. 〈…〉 h. 7. 〈◊〉 . b. ac . where i may do the thing awarded my ●●lfe , or inforce it to be don , the award , is good . 5 h 7. ubi sup●a . 21 e. 436 ac . 21. e. 4 fo 4●● pasch 15 car. in the kings bench. 17 e. 4. fo 5. b. 7 h. 6 fo . 40. by strang. ●0 h. 6. 19 a. ac . 39 h. 6 by dris●●● 12 h. 7. 14 15 43. e. 3. 28 45 e 3. 16 b. r , arbitrement ● . 9. h. 716. a. hob : rep pa. 68 l. p. 44. 19. h. 6. 37. 20. h. 6. 19. 22 h. 6 39. 9. e. 4. 44. a. 22. h. 6. 39 19. e. 4. 8. a 10. h. 6. 14 19. of the queene . dyer . fo . 3 56. a. pl. 39 12. h 7. 14 b. 15. a. dyer , u●i supta , 22 h. 6. 3● by moile . hob. rep. p. 68. pl. 54 22 e. 4. 25 ac . coke lib ● fo 68. a. b●ashpoles ▪ case 22 h 6 , 12 18 b. ac 19. a. 19. h. 6 37 b. 38. a. 5 e. 4. 7. ● . 45. e. 3. 16 28. h 6. 12 2. h. 4. 4. 5 e. 4. 7. 19. e. 4. 8. 20 , h. 6. 12 keilway 121 a 19. h. 6. 38. a by nuton p , 5. 28. 19. a. 6. 37 , by ascue , & nut●on . 9 e , 4. 44 , a. qy . nedahm . 20. h 6 18 19 28 h. 6. 12. 2. h 4. 4. 9. e. 4 51. 5. e. 4. 7. 19. e. 4. 8. 45. e. 3. 16 et . 20. h. 6 12. 20. h. 6. 18 br. arbitrement . 3. 2. h. 4. 4. 19. h. 6. 37. 5. e. 4 , 7. a 7. h. 4 31. mich. 9. iac in the kings bench 9 e. 4. 44. a 19 h. 6. 36 5 h. 7. fo . 13. coke li. 5. fo . 78. a. samons case . 8 e. 4. 11. a hob. rep. p. 306. pl. 281. 41 & 42 of the qu. in the common pleas 8 e. 4. 12. ● 8 e. 4. 12. b 19 e. 4. 1. a 9. h. 716. a. b. coke , littleton , fo . 206. b. 42 e. 3. 6. 2 h. 4. 9. 19 h. 6. 55 19 e. 4 1. ● by choke . 39. h 6. 9. 17 h. 7. keilway . f. 43. pl. 10. 39 h. 6. 9. 21. e. 4. 39 a. 19 h. 6. 36 37. coke li. 10 fo . 57. b. the government of the tongue by the author of the whole duty of man, &c. allestree, richard, 1619-1681. 1667 approx. 260 kb of xml-encoded text transcribed from 122 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-11 (eebo-tcp phase 1). a23740 wing a1138 estc r4579 12085446 ocm 12085446 53718 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a23740) transcribed from: (early english books online ; image set 53718) images scanned from microfilm: (early english books, 1641-1700 ; 705:5, 856:1a) the government of the tongue by the author of the whole duty of man, &c. allestree, richard, 1619-1681. fell, john, 1625-1686. sterne, richard, 1596?-1683. pakington, dorothy coventry, lady, d. 1679. henchman, humphrey, 1592-1675. the fifth impression. [17], 224 p. at the theater, oxford : 1667 [i.e. 1677] attributed to richard allestree. cf. bm, dnb. variously ascribed also to john fell, richard sterne, lady dortohy pakington, humphrey henchman, and others. cf. dnb. table of contents: p. [16] both wing and madan distinguish between two "editions" of 1667 [1677]: wing a1137 (madan 3133*), which is 12", lacks a frontispiece, and has an upper case "f" in "fifth impression" on the t.p., and wing a1138 (madan 3133), which is 8", has a lower case "f" and includes the frontispiece. although the film identifies 856:1 as a1137, it is in fact identical to 705:5 with frontispiece, octavo binding, and an "f" on the t.p. reproduction of original in huntington library. item at 856:1a with: the art of contentment / by the author of the whole duty of man, &c. [oxford] : at the theater in oxford, 1677. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng libel and slander -early works to 1800. conduct of life -early works to 1800. 2004-04 tcp assigned for keying and markup 2004-06 spi global keyed and coded from proquest page images 2004-07 emma (leeson) huber sampled and proofread 2004-07 emma (leeson) huber text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion imprimatur , rad. bathvrst . vice-cancel . oxon. januarii 24. 1675. the government of the tongve the government of the tongue . by the author of the whole duty of man , &c. death and life are in the power of the tongue , prov. 18. 21. the fifth impression . at the theater in oxford . m. dc . lxvii . the preface the government of the tongue has ever bin justly reputed one of the most important parts of human regiment . the philosopher and the divine equally attest this ; and solomon ( who was both ) gives his suffrage also ; the perswasions to , and encomiums of it taking up a considerable part of his book of proverbs . i shall not therefore need to say any thing , to justifie my choice of this subject , which has so much better authorities to commend it : i rather wish that it had not the super addition of an accidental fitness grounded upon the universal neglect of it , it now seeming to be an art wholly out-dated . for tho some lineaments of it may be met with in books , yet there is scarce any footsteps of it in practice , where alone it can be significant . the attemt therefore of reviving it i am sure is seasonable , i wish it were half as easy . 2. indeed that skill was never very easy , it requiring the greatest vigilance and caution , and therefore not to be attain'd by loose trifling spirits . the tongue is so slippery , that it easy deceives a drousy or heedless guard . nature seems to have given it some unhappy advantage towards that . 't is in its frame the most ready for motion of any member , needs not so much as the flexure of a joint , and by access of humors acquires a glibness too , the more to facilitate its moving . and alas , we too much find the effect of this its easie frame : it often goes without giving us warning ; and as children , when they happen upon a rolling engine , can set it in such a carriere , as wiser people cannot on a sudden stop ; so the childish parts of us , our passions , our fancies , all our mere animal faculties , can thrust our tongues into such disorders , as our reason cannot easily rectify . the due managery therefore of this unruly member , may rightly be esteemed one of the greatest mysteries of wisdom and vertue . this is intimated by st. james , if any man offend not in word , the same is a perfect man , and able also to bridle the whole body , ja. 3.2 . 't is storied of bembo a primitive christian , that coming to a friend to teach him a psalm , he began to him the thirty ninth , i said i will look to my waies , that i offend not with my tongue ; upon hearing of which first verse , he stopt his tutor , saying , this is enough for me if i learn it as i ought ; and being after six months rebuk'd for not coming again , he replied , that he had not yet learn'd his first lesson : nay , after nineteen years he profest , that in that time he had scarce learn'd to fulfill that one line . i give not this instance to discourage , but rather to quicken men to the study , for a lesson that requires so much time to learn , had need be early begun with . 3. but especially in this age , wherein the contrary liberty has got such a prepossession , that men look on it as a part of their birth-right , nay do not only let their tongues loose , but studiously suggest inordinaces to them , and use the spur where they should the bridle . by this means conversation is so generally corrupted , that many have had cause to wish they had not been made sociable creatures . a man secluded from company can have but the devil and himself to temt him ; but he that converses , has almost as many snares as he has companions . men barter vices , and as if each had not enough of his own growth , transplant out of his neighbors soil , and that which was intended to cultivate and civilize the world , has turned it into a wild desert and wilderness . 4. this face of things , i confess , looks not very promising to one who is to solicite a reformation . but what ever the hopes are , i am sure the needs are great enough to justify the attemt . for as the disease is epidemic , so it is mortal also , utterly inconsistent with that pure religion , which leads to life . we may take james's word for it , if any man seem to be religious , and bridleth not his tongue , that mans religion is vain , james 1.26 . god knows we have not much religion among us : 't is great pity we should frustrate the little we have , render that utterly insignificant , which at the best amounts to so little . let therefore the difficulty and necessity of the task , prevail with us to take time before us , not to defer this so necessary a work till the night come ; or imagine that the tongue will be able to expiate its whole age of guilt by a feeble lord have mercy on me at the last . tho indeed if that were supposable , 't were but a broken reed to trust to , none knowing whether he shall have time or grace for that . he may be surpriz'd with an oath , a blasphemy , a detraction in his mouth : many have bin so . 't is sure there must be a dying moment ; and how can any man secure himself , it shall not be the same with that in which he utters those , and his expiring breath be so emploied ? sure they cannot think that those incantations ( tho hellish enough ) can make them shot-free , render them invulnerable to deaths darts ; and if they have not that , or some other as ridiculous reserves , 't is strange what should make them run such a mad adventure . 5. but i expect it should be objected , that this little despicable tract is not proportionable to the encounter to which it is brought , that besides that unskilful managing of those points it do's touch , it wholly omits many proper to the subject , there being faults of the tongue which it passes in silence . i confess there is color enough for this objection , but i believe if it were put to votes , more would resolve i had said too much , rather then too little . should i have enlarged to the utmost compass of this theme , i should have made the volume of so affrighting a bulk , that few would have attemted it ; and by saying much , i should have said nothing at all to those who most need it . mens stomacs are generally so queasie in these cases , that 't is not safe to over-load them . let them try how they can digest this ; if they can so as to turn it into kindly nurishment , they will be able to supply themselves with the remainder . for i think i may with some confidence affirm , that he that can confine his tongue within the limits here prescrib'd , may without much difficulty restrain its other excursions . all i shall beg of the reader , is but to come with sincere intentions , and then perhaps these few stones and sling used in the name , and with invocation of the lord of hosts , may countervail the massive armor of the uncircumcised philistin . and may that god , who loves to magnifie his power in weakness , give it the like success . the contents . sect. 1. of the use of speech . p. 1. sect. 2. of the manifold abuse of speech . 7 sect. 3. of atheistical discourse . 12 sect. 4. of detraction , 39 sect. 5. of lying defamation . 49 sect. 6. of vncharitable truth . 62 sect. 7. of scoffing and derision . 133 sect. 8. of flattery . 134 sect. 9. of boasting . 155 sect. 10. of querulousness . 174 sect. 11. of positiveness . 188 sect. 12. of obscene talk. 204 the close . 206 of the government of the tongue . sect . i. of the use of speech . 1. man , at his first creation , was substituted by god as his vicegerent , to receive the homage , and enjoy the services of all inferior beings : nay farther , was endowed with excellencies fit to maintain the port of so vast an empire . yet those very excellencies , as they qualified him for dominion , so they unfitted him for a satisfaction or acquiescence in those his vassals : the dignity of his nature set him above the society or converse of mere animals : so that in all the pomp of his roialty , amidst all the throng and variety of creatures , he still remain'd solitary . but god , who knew what an appetite of society he had implanted in him , judged this no agrecable state for him ; it is not meet that man should be alone , gen. 2.18 . and as in the universal frame of nature , he ingraffed such an abhorrence of vacuity , that all creatures do rather submit to a preternatural motion then admit it ; so , in this emty , this destitute condition of man , he relieved him by a miraculous expedient , divided him that he might unite him , and made one part of him an associate for the other . 2. neither did god take this care to provide him a companion , merely for the entercourses of sense : had that bin the sole aim , there needed no new productions , there were sensitive creatures enough : the design was to entertain his nobler principle , his reason , with a more equal converse , assign him an intimate , whose intellect as much corresponded with his , as did the outward form , whose heart , according to solomons resemblance , answered his , as in water face answers face , prov. 27.19 . with whom he might communicate minds , traffic and enterchange all the notions and sentiments of a reasonable soul. 3. but tho there were this sympathy in their sublimer part , which disposed them to the most intimate union ; yet there was a cloud of flesh in the way , which intercepted their mutual view , nay permitted no intelligence between them , other then by the mediation of some organ equally commensurate to soul and body . and to this purpose the infinite wisdom of god ordained speech ; which , as it is a sound resulting from the modulation of the air , has most affinity to the spirit , but as it is uttered by the tongue , has immediate cognation with the body , and so is the fittest instrument to manage a commerce between the rational yet invisible powers of human souls cloathed in flesh . 4. and as we have reason to admire the excellency of this contrivance , so have we to applaud the extensiveness of the benefit . from this it is we derive all the advantages of society : without this men of the nearest neighborhood would have signified no more to each other , then our antipodes now do to us . all our arts and sciences for the accommodation of this life , had remain'd only a rude chaos in their first matter , had not speech by a mutual comparing of notions ranged them into order . by this it is we can give one another notice of our wants , and sollicit relief ; by this we interchangably communicate advises , reproofs , consolations , all the necessary aids of human imbecillity . this is that which possesses us of the most valuable blessing of human life , i mean friendship , which could no more have bin contracted amongst dumb men , then it can between pictures and statues . nay farther , to this we owe in a great degree the interests even of our spiritual being , all the oral , yea and written revelations too of gods will : for had there bin no language there had bin no writing . and tho we must not pronounce how far god might have evidenced himself to mankind by immediate inspiration of every individual , yet we may safely rest in the apostles inference , rom. 10.14 . how shall they believe in him whom they have not heard , and how shall they hear without a preacher ? 5. from all these excellent uses of it in respect of man , we may collect another in relation to god , that is , the praising and manifying his goodness , as for all other effects of his bounty , so particularly that he hath given us language , and all the consequent advantages of it . this is the just inference of the son of syrach , ecclus. 51.22 . the lord hath given me a tongue , and i will praise them therewith . this is the sacrifice which god calls for so often by the prophets , the calves of our lips , which answers to all the oblations out of the herd , and which the apostle makes equivalent to those of the floor and wine-press also , heb. 13.15 . the fruit of our lips , giving thanks to his name . to this we frequently find the psalmist exciting both himself and others , awake up my glory , i will give thanks unto thee , o lord , among the people , and i will sing unto thee among the nations , psal. 57.9 , 10. and o p raise the lord with me , and let us magnify his name together , psal. 34.3 . and indeed whoever observes that excellent magazine of devotion , the book of psalms , shall find that the lands make up a very great part of it . 6. by what hath bin said , we may define what are the grand uses of speech , viz. the glorifying of god , and the benefiting of men . and this helps us to an infallible test by which to try our words . for since every thing is so far approvable as it answers the end of its being , what part soever of our discourses agrees not with the primitive ends of speech , will not hold weight in the balance of the sanctuary . it will therefore nearly concern us to enter upon this scrutiny , to bring our words to this touch-stone : for tho in our depraved estimate the eloquence of language is more regarded then the innocence , tho we think our words vanish with the breath that utters them , yet they become records in gods court , are laid up in his archives as witnesses either for , or against us : for he who is truth it self hath told us , that by thy words thou shalt be justified , and by thy words thou shalt be condemn'd , matth. 12.37 . sect . ii. of the manifold abuse of speech . 1. and now since the original designs of speaking are so noble , so advantageous , one would be apt to conclude no rational creature would be temted to pervert them , since 't is sure he can substitute none for them , that can equally conduce either to his honor or interest . 2. yet experience ( that great baffler of speculation ) assures us the thing is too possible , and brings in all ages matter of fact to confute our suppositions . so liable alas is speech to be depraved , that the scripture describes it as the source of all our other depravation . original sin came first out of the mouth by speaking , before it entred in by eating . the first use we find eve to have made of her language , was to enter parly with the temter , and from that to become a temter to her husband . and immediatly upon the fall , guilty adam frames his tongue to a frivolous excuse which was much less able to cover his sin , then the fig-leaves were his nakedness . and as in the infancy of the first world , the tongue had licked up the venem of the old serpent , so neither could the deluge wash it off in the second . no sooner was that small colony ( wherewith the depopulated earth was to be replanted ) come forth of the ark , but we meet with cham a delator to his own father , inviting his brethren to that execrable spectacle of their parents nakedness . 3. nor did this only run in the blood of that accursed person ; the holy seed was not totally free from its infection , even the patriarchs themselves were not exemt . abraham use a repeted collusion in the case of his wife , and exposed his own integrity to preserve her chastity . isaac the heir of his blessing , was son of his infirmity also , and acted over the same scene upon rebecca's account . jacob obtain'd his fathers blessing by a flat lie . simeon and levi spake not only falsly , but insidiously , nay hypocritically , abusing at once their proselytes , and their religion , for the effecting their cruel designs upon the sichemites . moses , tho a man of an unparellel'd meekness , yet spake unadvisedly with his lips , psal. 106.33 . david uttered a bloody vow against nabal , spake words smoother then oil to vriah , when he had don him one injury , and design'd him another . 't were endless to reckon up those several instances the old testament gives us of these lapses of the tongue : neither want there divers in the new ; tho there is one of so much horror , as supersedes the naming more , i mean that of st. peter in his reiterated abjuring his lord , a crime which ( abstracted from the intention ) seems worse then that of judas : that traitor owned his relation , cried master , master , even when he betraied him , so that had he bin mesured only by his tongue , he might have past for the better disciple . 4. these are sad instances , not recorded to patronize the sin , but to excite our caution . it was a politic inference of the elders of israel in the case of jehu , behold two kings stood not before him , how then shall we stand ? 2 kings 10. and we may well apply it to this ; if persons of so circumspect a piety , have bin thus overtaken , what security can there be for our wretchless oscitancy ? if those who kept their mouths as it were with a bridle , psal. 39.1 . could not alwaies preserve them innocent , to what guilts may not our unrestrained licentious tongues hurry us ? those which , as the psalmist speaketh , psalm 73.9 . go thro the world , are in that unbounded range very likely to meet with him who walks the same round , job 2.2 . and by him be tuned and set to his key , be scrued and wrested from their proper use , and made subservient to his vilest designs . 5. and would god this were only a probable supposition ! but alas , experience supplants the use of conjecture in the point : we do not only presume it may be so , but actually find it is so . for amidst the universal depravation of our faculties , there is none more notorious then that of speech . whither shall we turn us to find it in its pristine integrity ? amidst that infinity of words in which we exhaust our breath , how few are there which do at all correspond with the original designation of speech ; nay , which do not flatly contradict it ? to what unholy , uncharitable purposes is that useful faculty perverted ? that which was meant to serve as the perfume of the tabernacle , to send up the incenses of praises and praiers , now exhales in impious vapors , to eclipse if it were possible the father of light , that which should be the store-house of relief and refreshment to our brethren , is become a magazine of all offensive weapons against them , spears , and arrows , and sharp swords , as the psalmist often phrases it . we do not only fall by the slipperiness of our tongues , but we deliberately dicipline and train them to mischief . we bend our tongues as our bows for lies , as the prophet speaks , jer. 9.3 . and in a word , what god affirmed in the old world in relation to thoughts , is too appliable to our words , they are evil , and that continually , gen. 6.5 . and that which was intended for the instrument , the aid of human society , is become the disturber , the pest of it . 6. i shall not attemt a particular discussion of all the vices of the tongue : it doth indeed pass all geography to draw an exact map of that world of iniquity , as st. james calls it . i shall only draw the greater lines , & distribute it into its principal and more eminent parts , which are distinguishable as they relate to god , our neighbor , and our selves ; in each of which l shall rather make an essay by way of instance , then attemt an exact enumeration or survey . sect . iii. of atheistical discourse . 1. i begin with those which relate to god ; this poor despicable member the tongue , being of such a gigantic insolence , tho not size , as even to make war with heaven . 't is true , every disordered speech doth remotely so , as it is a violation of gods law ; but i now speak only of those which as it were attaque his person , and immediatly fly in the face of omnipotency . in the higest rank of these we may well place all atheistical discourse , which is that bold sort of rebellion , which strikes not only at his authority , but himself . other blasphemies level some at one attribute , some another ; but this by a more compendious impiety , shoots at his very being , and as if it scorn'd those piece meal guilts , sets up a single monster big enough to devour them all : for all inferior profaneness is as much out-dared by atheism , as is religion it self . 2. time was , when the inveighing against this , would have bin thought a very impertinent subject in a christian nation , and men would have replied upon me as the spartan lady did , when she was ask'd what was the punishment for adulteresses , there are no such things here . nay even amongst the most barbarous people , it could have concerned but some few single persons ; no numbers , much less societies of men , having ever excluded the belief of a diety . and perhaps it may at this day concern them as little as ever ; for amidst the various deities and worships of those remoter nations , we have yet no account of any that renounce all . 't is only our light hath so blinded us : so that god may upbraid us as he did israel , hath a nation changed their gods which yet are no gods ? but my people have changed their glory for that which doth not profit , jer. 2.11 . this madness is now the inclosure , the peculiarity of those who by their names & institutions should be christians : as if that natural aphorism , that when things are at a height they must fall again , had place here also , and our being of the most excellent , most elevated religion , were but the preparative to our being of none . 3. 't is indeed deplorable to see , how the professors of no god begin to vie numbers with all the differing perswasions in religion , so that atheism seems to be the gulph that finally swallows up all our sects . it has struck on a sudden into such a reputation , that it scorns any longer to sculk , but owns it self more publicly then most men dare do the contrary . 't is set down in the seat of the scorner , & since it cannot argue , resolves to laugh all piety out of countenance ; and having seized the mint , nothing shall pass for wit that hath not its stamp , and with it there is no metal of so base an alloy , but shall go current . every the dullest creature that can but stoutly disclaim his maker , has by it sufficiently secured its title to ingenuity ; and such mesures being once established , no wonder at its sholes of proselytes , when it gives on the one hand licence to all sensual inordinaces , permits them to be as much beasts as they will , or can ; and yet tells them on the other , that they are the more men for it . sure 't is not strange that a hook thus doubly baited should catch many . either of those allurements single , we see has force enough . the charms of sensuality are so fascinating , that even those who believe another world , and the severe revenges that will there attend their luxuries , yet chuse to take them in present with all the dismal reversions . and then sure it cannot but be very good news to such a one to be told , that that after-reckoning is but a false alarm ; and his great willingness to have it true , will easily incline him to believe it is so . and doubtless were atheism traced up to its first causes , this would be found the most operative ; 't is so convenient for a man that will have no god to controul or restrain him , to have none to punish him neither ; that that utility passes into argument , and he will rather put a cheat upon his understanding , by concluding there is no future account , then leave such a sting in his plesures , as the remembrance of it must needs prove . this seems to be the original and first rise of this impiety , it being impossible for any man that sees the whole , nay but the smallest part of the universe , to doubt of a first and supreme being , until from the consciousness of his provocations , it becomes his interest there should be none . 4. this is indeed , considering the depravation of the world , a pretty fast tenure for atheism to hold by ; yet it has of late twisted its cord , and got that other string to its bow we before mentioned . it s bold monopolizing of wit and reason compels , as the other invited men . this we may indeed call the devils press , by which he hath filled up his troops : men are afraid for being reproached for silly and irrational , in giving themselves up to a blind belief of what they do not see . and this bugbear frights them from their religion ; resolving they will be no fools for christs sake , 1 cor. 4.13 . i dare appeal to the breasts of many in this age , whether this have not bin one of the most prevalent temtations with them to espouse the tenet : and tho perhaps they at first took it up , only in their own defence , for fear of being thought fools , yet that fear soon converts into ambition of being thought wits . they do not satisfie themselves with deserting their religion , unless they revile it also ; remembring how themselves were laught out of it , they essay to do the like by others . yea so zealous propugners are they of their negative creed , that they are importunately diligent to instruct men in it , and in all the little sophistries and colours for defending it : so that he that would mesure the opinions by their industry , and the remissness of believers , would certainly think that the great interest of eternity lay wholly on their side . yet i take not this for any argument of the confidence of this perswasion , but the contrary : for we know they are not the secure , but the desperate undertakings , wherein men are most desirous of partners , and there is somwhat of horror in an uncouth way , which makes men unwilling to travel it alone . 5. the truth is , tho these men speak big , and prescribe as positively to their pupils , as if they had some counter revelation to confute those of moses and christ ; yet were their secret thoughts laid open , there would scarce be found the like assurance there . i will not say to what reprobate sense some particular persons may have provoked god to deliver them , but in the generality , i believe one may affirm , that there is seldom an infidelity so sanguine as to exclude all fears . their most bold thesis , that there is no god , no judgment , no hell , is often met with an inward tremulous hypothesis , what if there be ? i dare in this remit me to themselves , and challenge ( not their consciences , who profess to have none , but ) their natural ingenuity to say , whether they have not somtimes such damps and shiverings within them . if they shall say , that these are but the reliques of prepossession and education , which their reason soon dissipates , let me then ask them farther , whether they would not give a considerable sum to be infallibly ascertained there were no such thing : now no sensible man would give a farthing to be secured from a thing which his reason tells him is impossible ; therefore if they would give any thing ( as i dare say they themselves cannot deny that they would ) 't is a tacite demonstration , that they are not so sure as they pretend to be . 6. i might here join issue upon the whole , and press them with the unreasonableness , the disingenuousness of embracing a profession to which their own hearts have an inward reluctance , nay the imprudence of governing their lives by that position , which for ought they know may be ( nay they actually fear is ) false , and if it be , must inevitably immerse them in endless ruin . but i must remember my design limits me only to the faults of the tongue , and therefore i must not follow this chase beyond those bounds . i shall only extend it to my proper subject , that of atheistical talk , wherein they make as mad an adventure as in any other of their enormous practices , nay perhaps in some respects a worse . 7. in the first place 't is to be considered , that if there be a god , he , as well as men , may be provoked by our words as well as deeds . secondly , 't is possible he may be more . our ill deeds may be don upon a vehement impulse of temtation ; some profit or pleasures may transport and hurry us ; and they may at least have this alleviation , that we did them to please or advantage our selves , not to spight god. but atheistical words cannot be so palliated : they are arrows directly shot against heaven , and can come out of no quiver but malice : for 't is certain there never was man that said , there was no god , but he wished it first . we know what an enhancement our injuries to each other receive from their being malicious : and sure they will do so much more to god , whose principal demand from us is , that we give him our heart . but thirdly , this implieth a malice of the highest sort . human spight is usually confined within some bounds , aims somtimes at the goods , somtimes at the fame , at most but at the life of our neighbor : but here is an accumulation of all those , back'd with the most prodigious insolence . 't is god only that has power of annihilation , and we ( vile worms ) seek here to steal that incommunicable right , and retort it upon himself , and by an anticreative power , would unmake him who has made us . nay lastly , by this we have not only the utmost guilt of single rebels , but we become ring-leaders also , draw in others to that accursed association : for 't is only this liberty of discourse that hath propagated atheism . the devil might perhaps by inward suggestions have drawn in here and there a single proselyte ; but he could never have had such numbers , had he not used some as decoies to ensnare others . 8. and now let the brisk atheist a little consider , what these aggravations will amount to . 't was good counsel was given to the athenians , to be very sure philip was dead , before they expressed their joy at his death , lest they might find him alive to revenge that hasty triumph . and the like i may give to these men , let them be very sure there is no god , before they presume thus to defy him , lest they find him at last assert his being in their destruction . certainly nothing less then a demonstration can justify the reasonableness of such a daring . and when they can produce that , they have so far outgon all the comprehensions of mankind , they may well challenge the liberty of their tongue , and say , they are their own , who is lord over them , psalm 12.4 . 6. but 'till this be don , 't were well they would soberly ballance the hazards of this liberty with the gains of it . the hazards are of the most dreadful kind , the gains of the slightest : the most is but a vain applause of wit , for an impious jest , or of reason for a deep considerer : and yet even for that they must incroach on the devils right too , who is commonly the promter , and therefore if there be any credit in it may justly challenge it . indeed 't is to be feared he will at last prove the master wit , when as for those little loans he makes them , he gets their souls in morgage . would god they would consider betimes , what a woful raillery that will be , which for ought they know may end in gnashing of teeth . 10. the next impiety of the tongue , is swearing , that foolish sin , which plaies the platonic to damnation , and courts it purely for it self ; without any of the appendant allurements which other sins have : a vice , which for its guilt , may justify the sharpest ; and for its customariness , the frequentest invectives which can be made against it . but it has bin assaulted so often by better pens , and has shewed it self so much proof against all homily , that it is as needless as di●couraging a task for me to attemt it . 't is indeed a thing taken up so perfectly without all sense , that 't is the less wonder to find it maintain its self upon the same principle 't is founded , and continue in the same defiance to reason wherein it began . 11. all therefore that i shall say concerning it , is to express my wonder , how it has made a shift to twist it self with the former sin of atheism , by which , according to all rules of reasoning it seems to be superseded : and yet we see none own god more in their oaths , then those that disavow him in their other discourse . nay , such men swear not only to swell their language , and make it sound more full and blustering , but even when they most desire to be believed . what an absurdity of wickedness is this ? is there a god to swear by , and is there none to believe in , none to pray to ? we call it frenzy to see a man fight with a shadow : but sure 't is more so , to invoke it . why then do these men of reason make such solemn appeals ( for such every oath is ) to a mere chimera and phantasm ? it would make one think they had some inward belief of a deity , which they upon surprizal thus blurt out : if it argue not this , it does somthing worse , and becomes an evidence how much the appearance of a sin recommends it to them , that they thus catch at it , without examining how it will consist with another they like better . these are indeed wholesale chapmen to satan , that do not truck and barter one crime for another , but take the whole herd : and tho by reason of their disagreeing kinds they are apt to gore and worry each other , yet he still keeps up his old policy , and will not let one devil cast out another . a league shall be made between the most discordant sins , and there shall be god , or there shall be none , according as opportunity serves to provoke him : so assuming to himself a power which even omnipotence disclaims , the reconciling contradictions . and he succeeds it in as far as his concerns reaches : for tho he cannot solve the repugnancies in reason , yet as long as he can unite the sins in mens practice , he has his design ; nay , has at once the gain and the sport of fooling these great pretenders to ratiocination . 12. a third sort of impious discourse there is , which yet is bottom'd on the most sacred , i mean those profane paraphrases that are usually made upon the holy text , many making it the subject of their cavils , and others of their mirth . some do it out of the former atheistical principle , and i cannot but confess they act consonantly to themselves in it , for 't is but a needful artifice for men to disparage those testimonies , which they fear may be brought against them . but there are others who not only profess a god , but also own the sacred scripture for his word , and yet use it as coursly as the others . and these i confess , are riddles of profaneness , that hang , as some have pictured solomon between heaven and hell , borrow the christian faith , and the atheists drollery upon it : and 't is hard to say in which they are more in earnest . it is indeed scandalous to see , to what despicable uses those holy oracles are put : such as should a heathen observe , he would little suspect them to be own'd by us as the rule of our religion , and could never think they were ever meant for any thing beyond a whet-stone for wit. one tries his logic upon them , and objects to the sense ; another his rhetoric , and quarrels at the phrase ; a third his contrivance , and thinks he could have woven the parts with a better contexture : never considering , that unless they could confute the divinity of their original , all these accusations are nothing else but direct blasphemy , the making god such a one as themselves , psal. 50.21 . and charging him with those defects which are indeed their own . they want learning or industry to sound the depth of those sacred tresures , and therefore they decry the scripture as mean and poor ; and to justify their own wisdom , dispute gods. this is as if the mole should complain the sun is dark , because he dwells under ground , and sees not his splendor . men are indeed in all instances apt to speak ill of all things they understand not , but in none more then this . their ignorance of local customs , idioms of language , and several other circumstances , renders them incompetent judges ( as has bin excellently evinced by a late author . ) t will therefore befit them , either to qualifie themselves better , or to spare their criticisms . but upon the whole , i think i may challenge any ingenious man , to produce any writing of that antiquity , whose phrase and genious is so accomodated to all successions of ages . stiles and waies of address we know grow obsolete , and are almost antiquated as garments : and yet after so long a tract of time , the scripture must ( by considering men ) be confest to speak not only properly , but often politely and elegantly to the present age : a great argument that it is the dictate of him that is , the same yesterday , to day , and for ever , heb. 13.7 . 13. but besides these more solemn traducers , there are a lighter ludicrous sort of profaners , who use the scripture as they do odd ends of plaies , to furnish out their jests ; clothe all their little impertinent conceits in its language , and debase it by the mixture of such miserable trifles , as themselves would be ashamed of , were they not heightned and inspirited by that profaneness . a bible phrase serves them in discourse as the haut-goust do's in diet , to give a relish to the most insipid stuff . and were it not for this magazine , a great many mens raillery would want supplies : for there are divers who make a great noise of wit , that would be very mute if this one topic were barr'd them . and indeed it seems a tacite confession , that they have little of their own , when they are fain thus to commit sacriledg to drive on the trade . but sure 't is a pitiful pretence to ingenuity that can be thus kept up , there being little need of any other faculty but memory to be able to cap texts . i am sure such repetitions out of other books would be thought pedantic and silly . how ridiculous would a man be , that should alwaies enter lard his discourse with fragments of horace , or virgil , or the aphorisms of pythagoras , or seneca ? now 't is too evident , that it is not from any speculative esteem of sacred writ , that it is so often quoted : and why should it then be thought a specimen of wit to do it there , when 't is folly in other instances ? the truth is , 't is so much the reserve of those who can give no better testimony of their parts , that methinks upon that very score it should be given over by those that can . and sure were it possible for any thing that is so bad to grow unfashionable , the world has had enough of this to be cloied with it : but how fond soever men are of this divertisement , 't will finally prove that mirth solomon speaks of , which ends in heaviness , prov. 14.13 . for certainly whether we estimate it according to human or divine mesures , it must be a high provocation of god. 14. let any of us but put the case in our own persons : suppose we had written to friend , to advertise him of things of the greatest importance to himself , had given him ample and exact instructions , back'd them with earnest exhortations and conjurings not to neglect his own concern ; and lastly , enforced all with the most moving expressions of kindness and tenderness to him : suppose , i say , that after all this , the next news we should hear of that letter , were to have it put in doggrel rime , to be made sport for the rabble , or at the best have the most eminent phrases of it pickt out and made a common by-word : i would fain know how any of us would resent such a mixture of ingratitude and contumely . i think i need make no minute application . the whole design of the bible do's sufficiently answer , nay out-go the first part of the parallel , and god knows our vile usage of it do's too much ( i fear too literally ) adapt the latter . and if we think the affront to base for one of us , can we believe god will take it in good part ? that were to make him not only more stupid then any man , but as much so as the heathen idols , that have eies and see not , pselm 115.5 . and 't is sure , the highest madness in the world , for any man that believes that there is a god , to imagine he will finally sit down by such usage . 15. but if we weigh it in the scale of religion ; the crime will yet appear more heinous . mere natural piety has taught men to receive the responses of their gods with all possible veneration . what applications had the delphic oracle from all parts , and from all ranks of men ? what confidence had they in its prediction , and what obedience did they pay to its advice ? if we look next into the mosaical oeconomy , we shall see with what dreadful solemnities that law was promulged , what an awful reverence was paid to the mount whence it issued , how it was fenced from any rude intrusions either of men or beasts : and after it was written in tables , all the whole equipage of the tabernacle , was designed only for its more decent repository , the ark it self receiving its value only from what it had in custody . yea such a hallowing influence had it , as transfused a relative sanctity even to the meanest utensils , none of which were after to be put to common uses : the very perfume was so peculiar and sacred , that it was a capital crime to imitate the composition . afterwards , when more of the divine revelations were commieted to writing , the jews were such scrupulous reverers of it , that 't was the business of the masorites , to number not only the sections and lines , but even the words and letters of the old testament , that by that exact calculation they might the better secure it from any surreptitious practices . 19. and sure the new testament is not of less concern then the old : nay the apostle asserts it to be of far greater , and which we shall be more accountable for , for if the word spoken by angels were stedfast , and every transgression and disobedience received a just recompence , how shall we escape if we neglect so great salvation , which at the first began to be spoken to us by the lord , and was confirmed unto us by them that heard him ? heb. 2.23 . and it is in another place the inference of the same apostle , from the excellency of the gospel above the law , that we should serve god acceptably with reverence and godly fear , heb. 12.28 . and certainly 't is but an ill essay of that reverence and godly fear , to use that very gospel so irreverently and ungodly as men now do . if we pass from the apostolic to the next succeeding ages of the church , we find the primitive christians look'd on their bibles as their most important tresure . such was the outward respects they paid to them , ( of which the standing up at the reading of the gospel , still in use among us , is a faint memorial ) that the heathen persecutors made it one part of their examination of the christians brought to their tribunals , what those books were which they adored while they read them ? such was their intimate esteem , that they exposed all things else to the rapine of their enemies , so they might secure those volumes . nor was this only a heroic piece of zeal in some , but indispensably required of all : insomuch , that when in the heat of persecution , they were commanded to deliver up their bibles to be burnt , the church gave no indulgence for that necessity of the times , but exhorted men rather to deliver up their lives : and those whose courage failed them in the encounter , were not only branded by the infamous name of traditors , but separated from the communion of the faithful , and not readmitted till after many years of the severest penance . 17. i have given this brief narration , with a desire , that the reader will compare the practice of former times with those of the present , and see what he can find either among heathens , jews , or christians , that can at all patronize our profaneness . there was no respect thought too much for the false oracles of a falser god : and yet we think no contemts too great for those of the true . the moral law was so sacred to the jews , that no parts of its remotest retinue , those ceremonial attendants , were to be look'd on as common : and we who are equally obliged by that law , laugh at that by which we must one day be judged . the ritual , the preceptive , the prophetic , and all other parts of sacred writ , were most sedulously , most religiously guarded by them : and we look upon them as a winter nights tale , from which to fetch matter of sport and merriment . lastly , the first christians paid a veneration to , nay sacrificed their lives to rescue their bibles from the unworthy usage of the heathens , and we our selves expose them to worse : they would but have burnt them ; we scorn and vilify them , and outvy even the persecutors malice with our contemt . these are miserable antithesis's ; yet this god knows is the case with too many . i wonder what new state of felicity hereafter these men have fancied to themselves : for sure they cannot think these retrograde steps can ever bring them so much as to the heathens elyzium , much less the christians heaven . 18. it will therefore concern those who do not quite renounce their claim to that heaven , to consider soberly , how inconsistent their practice is with those hopes . a man may have a great estate conveid to him ; but if he will madly burn , or childishly make paper kites of his deeds , he forfeits his title with his evidence : and those certainly that deal so with the conveiances of their eternal inheritance . will not speed better . if they will thus dally and play with them , god will be as little in earnest in the performance , as they are in the reception of the promises ; nay he will take his turn of mocking too , and when their scene of mirth is over , his will begin . a dreadful menace of this we have , prov. 1.24 . which deserves to be set down at large , because i have called , and ye refused , i have stretched out my hand ▪ and no man regarded : but ye have set at noughe all my counsel , and would none of my reproof , i also will laugh at your calamity , i will mock when your fear cometh . when your fear cometh as desolation , and your destruction cometh as a whirlwind : when distress and anguish cometh upon you , then shall they call upon me , but i will not answer , they shall seek me early , but they shall not find me . would god i could as well transcribe this text into mens hearts , and there would need no more to secure the whole canon of scripture from their profanation . could men but look a little before them , and apprehend how in the daies of their distress and agony , they will gasp for those comforts which they now turn into ridicule ; they would not thus madly defeat themselves , cut off their best and only reserve , and with a pitiful contemt cast away those cordials , which will then be the only support of their fainting spirits . as for those who deride scripture upon atheistical grounds , all i shall say , is , to refer to what i have said in the beginning of this section ; they had need be very well assured that foundation be not sandy : for if it be , this reproching gods word will be a considerable addition to the guilt of all their other hostility , and how jolly soever they seem at present , it may be when that question they are so willing to take for granted , is by death drawing near a decision , some of their confidence will retire , and leave them in an amazed expectation of somwhat , which they are sure cannot be good for them , who have so ill provided for it . then perhaps their merry vein will fail them , and not their infidelity , but their despair may keep them from invocating that power they have so long derided . 't is certain it has so happened with some : for as practical , so speculative wickedness , has usually another aspect , when it stands in the shadow of death , then in the dazling beams of health and vigor . it would therefore be wisdom before-hand to draw it out of this deceitful light , and by sober serious thoughts place it as near as may be in those circumstances in which 't will then appear : and then sure to hearts that are not wholly petrified , 't will seem safer to own a god early and upon choice , then late upon compulsion . 19. however , if they will not yield themselves homagers , yet the mere possibility of their being in the wrong , should methinks perswade them at least to be civil adversaries . a generous man will not pursue even a falling enemy with revilings and reproach , much less will a wise man do it to one who is in any the lest probability of revenging it : it being a received maxim , that there is no greater folly , then for a man to let his to●gue betray him to mischief . let it therefore in this case at least stand neuter , that if by their words they be not justified , yet by their words they may not be condemned . they can be no loosers by it : for at the utmost , 't is but keeping in a little unsavory breath , which ( supposing no god to be offended with it ) is yet nauseous to all those men who believe there is one . to those indeed who have a zeal for their faith , there can be no discourse so intolerable , so disobliging : it turns conversation into skirmishing , and perpetual disputes . the egyptians were so zealous for their brutish deities , that moses presumed the israelites sacrificing of those beasts they adored , must needs set them in an uproar , exod. 8.26 . and sure , those who do acknowledge a divine power , cannot contentedly sit by to hear him blasphemed . 't is true , there are some so cool , that , they are of the same mind for god , that gideons father was for baal , judg. 6.31 . let him plead for himself , they will not appear in his defence : yet even these have a secret consciousness that they ought to do so , and therefore have some uneasiness in being put to the test : so that it cannot be a pleasant entertainment even for them . and therefore those who have no fear of god to restrain them , should methinks , unless they be perfectly of the temper of the unjust judg , luke 17.1 . in respect of men , abstain from all sorts of impious discourse ; and at least be civil , tho they will not be pious . sect . iv. of detraction . we have seen in the last section , the insolence of the tongue towards god ; and sure we cannot expect it should pay more reverence to men . if there be those that dare stretch their mouths against heaven , psalm 7.39 . we are not to wonder if there be more that will shoot their arrows , even bitter words , against the best on earth , psalm 64.3 . i shall not attempt to ransack the whole quiver , by shewing every particular sort of verbal injuries which relate to our neighbors , but rather chuse out some few which either for the extraordinariness of their guilt , or the frequency of their practice are the most eminent . i begin with detraction , in which both those qualities concur : for as in some instances 't is one of the highest sins , so in the general 't is certainly one of the most common , and by being so becomes insensible . this vice ( above all others ) seems to have maintained not only its empire , but its reputation too . men are not yet convinced heartily that it is a sin : or if any , not of so deep a die , or so wide an extent as indeed it is . they have , if not false , yet imperfect notions of it , and by not knowing how far its circle reaches , do often like young conjurers , step beyond the limits of their safety . this i am the apter to believe , because i see some degree of this fault cleave to those , who have eminently corrected all other exorbitancies of the tongue . many who would startle at an oath , whose stomachs as well as consciences recoil at an obscenity , do yet slide glibly into a detraction : which yet methinks , persons otherwise of strict conversations should not do frequently and habitually , had not their easie thoughts of the guilt smoothed the way to it . it may therefore be no unkind attemt , to try to dis-entangle from this snare by displaying it ; shewing the whole contexture of the sin , how 't is woven with threds of different sizes , yet the least of them strong enough to nooz and intrap us . and alas , if satan fetter us , 't is indifferent to him whether it be by a cable or a hair . nay , perhaps the smallest sins are his greatest stratagems . the finer his line is spun , the less shadow it casts , and is less apt to fright us from the hook : and tho there be much odds between a talent of lead and a grain of sand , yet those grains may be accumulated till they out-weigh the talent . it was a good reply of plato's , to one who murmured at his reproving him for a small matter , custom , saies he , is no small matter . and indeed , supposing any sin were so small as we are willing to fancy most , yet an indulgent habit , even of that , would be certainly ruinous : that indulgence being perfectly opposite to the love of god , which better can consist with the indeliberate commissions of many sins , then with an allowed persistance in any one . but in this matter of detraction , i cannot yield that any is small , save only comparatively with some other of the same kind which is greater : for absolutely considered , there is even in the very lowest degrees of it , a flat contradiction to the grand rule of charity , the loving our neighbor as our selves . and surely , that which at once violates the sum of the whole second table of the law , for so our saviour renders it , luke 10.7 . must be look'd on as no trifling inconsiderable guilt . to evidence this , i shall in the anatomizing this sin , apply this rule to every part of it : first consider it in gross , in its entire body , and after descend to its several limbs . 1. detraction in the native importance of the word , signifies the withdrawing or taking off from a thing : and as it is applied to the reputation , it denotes the impairing or lessening a man in point of fame , rendring him less valued and esteemed by others , which is the final aim of detraction , tho pursued by various means . 2. this is justly look'd on as one of the most unkind designs one man can have upon another , there being implanted in every mans nature a great tenderness of reputation : and to be careless of it , is lookt on as a mark of a degenerous mind . on which account solon in his ●aws presumes , that he that will sell his own fame , will also sell the public interest . 't is true , many have improved this too far , blown up this native spark into such flames of ambition , as has set the world in a combustion ; such as alexander , caesar , and others , who sacrificed hecatombs to their fame , fed it up to a prodigy upon a canibal diet , the flesh of men : yet even these excesses serve to evince the universal consent of mankind , that reputation is a valuable and desirable thing . 3. nor have we only the suffrage of man , but the attestation of god himself , who frequently in scripture gives testimony to it : a good name is better then great riches , prov. 22.1 . and again , a good name is better then precious ointment , eccles. 7.1 . and the more to recommend it , he proposes it as a reward to piety and vertue , as he menaces the contrary to wickedness . the memory of the just shall be blessed , but the name of the wicked shall rot , prov. 10.7 . and that we may not think this an invitation fitted only to the jewish oeconomy , the apostle goes farther , and proposes the endeavor after it as a duty , whatsoever things are of good report , if there be any vertue , and if there be any praise , think on these things , phil. 4.8 . 4. and accordingly good men have in their estimate ranked their names the next degree to their souls , preferr'd them before goods or life . indeed 't is that which gives us an inferior sort of immortality , and makes us even in this world survive our selves . this part of us alone continues verdant in the grave , and yields a perfume , when we are stench and rottenness : the consideration whereof has so prevailed with the more generous heathens , that they have cheerfully quitted life in contemplation of it . thus epaminondas alacriously expired , in confidence that he left behind him a perpetual memory of the victories he had atchieved for his country . brutus so courted the fame of a patriot , that he brake through all the obstacles of gratitude and humanity to attemt it : he cheerfully bare the defeat of his attemt , in contemplation of the glory of it . 't were endless to recount the stories of the codri , decii , and curtii , with the train of those noble heroes , who in behalf of their countries devoted them selves to certain death . 5. but we need no foreign mediums to discover the value of a good name : let every man weigh it but in his own scales , retire to his breast , and there reflect on that impatience he has when his own repute is invaded . to what dangers , to what guilts does sometimes the mere fancy of a reproach hurry men ? it makes them really forfeit that vertue from whence all true reputation springs ; and , like esops dog , lose the substance by too greedy catching at the shadow ; an irrefragable proof how great a price they set upon their fame . 6. and then , since reason sets it at so high a rate , and passion at a higher , we we may conclude the violating this interest , one of the greatest injuries in human commerce ; such as is resented not only by the rash , but the sober ; so that we must pick out only blocks and stones , the stupid and insensible part of mankind , if we think we can inflict this wound without an afflictive smart . and tho the power of christianity does in some so moderate this resentment , that none of these blows shall recoil , no degree of revenge be attemted ; yet that does not at all justify or excuse the inflicter . it may indeed be a useful trial of the patience and meekness of the defamed , yet the defamer has not the less either of crime or danger : not of crime , for that is rather enhanced then abated by the goodness of the person injured ; nor of danger , since god is the more immediate avenger of those who attemt not to be their own . but if the injury meet not with this meekness ( as in this vindictive age 't is manifold odds it will not ) it then acquires another accumulative guilt , stands answerable not only for its own positive ill , but for all the accidental which it causes in the sufferer , who by this means is robb'd not only of his repute , but his innocence also , provoked to those unchristian returns , which draw god also into the enmity , and set him at once at war with heaven and earth . and tho as to this immediate judgment , he must bear his iniquity , answer for his impatience : yet as in all civil insurrections , the ring-leader is lookt on with a peculiar severity , so doubtless in this case , the first provoker has by his seniority and primogeniture a double portion of the guilt , and may consequently expect of the punishment , according to the doom of our saviour , wo be to that man by whom the offence cometh , matth. 28.7 . 8. indeed there is such a train of mischiefs usually follow this sin , that 't is scarce possible to make a full estimate of its malignity . 't is one of the grand incendiaries which disturbs the peace of the world , and has a great share in most of its quarrels . for could we examine all the feuds which harrass persons , families , nay somtimes nations too , we should find the greater part take their rise from injurious reprochful words , and that for one which is commenced upon the intuition of any real considerable interest , there are many which owe their being to this licentiousness of the tongue . 9. in regard therefore of its proper guilt , and all those remoter sins and miseries which ensue it , 't is every mans great concern to watch over himself . neither is it less in respect both of that universal aptness we have to this sin , and its being so perpetually at hand ; that for others we must attend occasions and convenient seasons , but the opportunities of this are alwaies ready : i can do my neighbor this injury , when i can do him no other . besides the multitude of objects do proportionably multiply both the possibilities and incitations ; and the objects here are as numerous , as there are persons in the world i either know , or have heard of . for tho some sorts of detractions seem confined to those to whom we bear particular malice , yet there are other kinds of it more raging , which fly indifferently at all . lastly , this sin has the aid almost of universal example , which is an advantage beyond all the others , there being scarce any so irresistable insinuation as the practice of those with whom we converse , and no subject of converse so common as the defaming our neighbors . 10. since then the path is so slippery , it had not need be dark too . let us then take in the best light we can , and attentively view this sin in its several branches , that by a distinct discovery of the divers acts and degrees of it , we may the better be armed against them all . sect . v. of lying defamation . 1. detraction being ( as we have already said ) the lessning and impairing a man in his repute , we may resolve , that what ever conduces to that end , is properly a detraction . i shall begin with that which is most eminent , the spreading of defamatory reports . these may be of two kinds , either false , or true ; which tho they seem to be of very different complexions , yet may spring from the same stock , and drive at the same design . let us first consider of the false . 2. and this admits of various circumstances . somtimes a man invents a perfect falsity of another : somtimes he that does not invent it , yet reports it , tho he know it to be false : and a third sort there are , who having not certain knowledg whether it be false or no , do yet divulge it as an absolute certainty , or at least with such artificial insinuations , as may biass the hearer on that hand . the former of these is a crime of so high , so dis-ingenious a nature , that tho many are vile enough to commit it , none are so impudent as to avow it . even in this age of insulting vice , when almost all other wickedness appears bare-fac'd , this is fain to keep on the vizard . no man will own himself a false accuser : for if modesty do not restrain him , yet his very malice will ; since to confess would be but to defeat his design . indeed it is of all other sins the most diabolical , it being a conjunction of two of satans most essential properties , malice and lying . we know 't is his peculiar title to be the accuser of the brethren : and when we transcribe his copy , we also assume his nature , intitle our selves to a descent from him , ye are of your father the devil , joh. 8.44 . we are by it render'd a sort of iacubus brats , the inf●mous progenies of the lying spirit . it is indeed a sin of so gross , so formidable a bulk , that there needs no help of optics to render it discernible , and therefore i need not farther expatiate on it . 3. the next degree is not much short of it ; what it wants is rather of invention then malice : for he that will so adopt anothers lie , shews he would willingly have bin its proper father . it does indeed differ no more then the maker of adulterate wares , does from the vender of them : and certainly there cannot be a more ignominious trade , then the being hucksters to such vile merchandize . neither is the sin less then the baseness : we find the lover of a lie ranked in an equal form of guilt with the maker , rev. 21. and surely he must be presumed to love it , that can descend to be the broker of it , help it to pass current in the world. 4. the third sort of detractors look a little more demurely , and with the woman in the proverbs . chap. 30. wipe their mouths , and say they have don no wickedness . they do not certainly know the falsity of what they report , and their ignorance must serve them as an amulet against the guilt both of deceit and malice : but i fear it will do neither . for first , perhaps they are affectedly ignorant : they are so willing it should be true , that they have not attemted to examine it . but secondly , it does not suffice that i do not know the falsity ; for to make me a true speaker , 't is necessary i know the truth of what i affirm . nay , if the thing were never so true , yet if i knew it not to be so , its truth will not secure me from being a liar : and therefore whoever endeavors to have that receiv'd for a certainty , which himself knows not to be so , offends against truth . the utmost that can consist with sincerity , is to represent it to others as doubtful as it appears to him . yet even that how consonant soever to truth , is not to charity . even doubtful accusations leave a stain behind them , & often prove indelible injuries to the party accused : how much more then do the more positive and confident aspersions we have hitherto spoken of ? let me add only this concerning this latter sort , that they are greater advancers of defamatory designs , then the very first contrivers . for those upon a consciousness of their falsness , are obliged to proceed cautiously , to pick out the credulous and least discerning persons , on whom to impose their fictions , and dare not produce them in all companies for fear of detection : but these in confidence that the untruth ( if it be one ) lies not at their door , speak it without any restraint in all places , at all times ; and what the others are fain to whisper , they proclaim ; like our new engine , which pretends to convey a whisper many miles off . so that as in the case of stealing 't is proverbially said , that if there were no receivers there would be no thieves ; so in this of slander , if there were fewer spreaders , there would be fewer forgers of libels : the manufacture would be discouraged , if it had not these retailers to put off the wares . 5. now to apply these practices to our rule of duty , there will need no very close inspection to discern the obliquity . the most superficial glance will evidence these several degrees of slanderers to do what they would not be willing to suffer . who among them can be content to be falsely aspersed ? nay , so far are they from that , that let but the shadow of their own calumny reflect on themselves , let any but truly tell them that they have falsely accused others , they grow raving and impatient , like a dog at a looking-glass , fiercely combating that image which himself creates : and how smoothly soever the original lie slides from them , the echo of it grates their ears . and indeed 't is observable , that those who make the greatest havock of other mens reputation , are the most nicely tender of their own ; which sets this sin of calumny in a most diametrical opposition to the evangelical precept of loving our neighbors as our selves . 6. thus much is discernable even in the surface of the crime : but if we look deeper , and examine the motives , we shall find the foundation well agrees to the superstructure , they being usually one of these two , malice or interest . and indeed the thing is so dis-ingenuous , so contrary to the dictates of humanity as well as divinity , that i must in reverence to our common nature , presume it must be some very forcible impellent , that can drive a man so far from himself . the devil here plaies the artist : and as the fatallest poisons to man are ( they say ) drawn from human bodies , so here he extracts the venem of our irascible and concupiscible part , and in it dips those arrows , which we thus shoot at one another . 7. 't is needless to harangue severally upon each . the world too experimentally knows the force of both . malice is that whirl-wind , which has shook states and families , no less then private persons ; a passion so impetuous and precipitate , that it often equally involves the agent and the patient : a malicious man being of like violence with those who flung in the three children , dan. 3. consumed by those flames into which he cast others . as for interest , 't is that universal monarch to which all other empires are tributaries , to which men sacrifice not only their consciences and innocence , but ( what is usually much dearer ) their sensualities and vices . those whom all the divine ( either ) threats or promises , cannot perswade to mortify , nay but restrain one lust ; at mammons beck will disclame many , and force their inclinations to comply with their interest . 8. and whilst this sin of calumny has two such potent abettors , we are not to wonder at its growth : as long as men are malicious and designing , they will be traducing ; those cyclops's will be perpetually forming thunder-bolts against which no innocence or vertue can be proof . and alas , we daily find too great effects of their industry . but tho these are the forgers of the more solemn deliberate calumnies , yet this sportive age hath produced another sort ; there being men that defame others by way of divertisement , invent little stories that they may find themselves exercise , and the town talk . this , if it must pass for sport , is such as solomon describes , prov. 26.18 , 19. as a mad man that casteth fire-brands , arrows and death , so is he that deceiveth his neighbor , and saith , am not i in sport ? he that shoots an arrow in jest , may kill a man in earnest ; and he that gives himself liberty to play with his neighbors fame , may soon play it away . most men have such an aptness to entertain sinister opinions of others , that they greedily draw in any suggestion of that kind ; and one may as easily perswade the thirsty earth to refund the water she has soakt into her veins , as them to deposite a prejudice they have once taken up . therefore such experiments upon fame , are as dangerous as that which alexander is said to have made of the force of naptha upon his page , from which he scarce escaped with life . these jocular slanders are often as mischievous as those of deeper design , and have from the slightness of the temtation an enhancement of guilt . for sure , he that can put such an interest of his neighbors in balance with a little fit of laughter , sets it at lower price then he that hopes to enrich or advance himself by it : and tho it pass among some for a specimen of wit , yet it really lists them among solomons fools , who make a mock at sin , prov. 14.9 . in the mean time , since slander is a plant that can grow in all soils ; since the frolic humor as well as the morose betraies to the guilt , who can hope to escape this scourge of the tongue , as the wiseman calls it , ec. 26.6 . which communicates with all ? persons of all ranks do mutually asperse , and are aspersed : so that he who would not have his credulity abused , has scarce a securer way , then ( like that astrologer , who made his almanack give a tolerable account of the weather by a direct inversion of the common prognosticators ) to let his belief run quite counter to reports . yea so epidemic is this disease grown , that even religion ( at least those parties and factions which assume that name ) has got a taint of it ; each sect and opinion seeking to represent his antagonist as odious as it can . and whilst they contend for speculative truth , they by mutual calumnies forfeit the practic : a thing that justly excites the grief of good men , to see that those who all pretend to the same christianity , should only be unanimous in the violating that truth and charity it prescribes . 10. and if these be the weapons of our spiritual warfare , what may we think of the carnal ? how are our secular animosities pursued , when our speculations are thus managed ? how easily do we run down the reputation of any who stand in the way either of our spleen or avarice ? when josephs resolute purity had changed the scene of his mistress's passion , she does readily shift that of guilt too , and fixes her crime upon him , gen. 39.14 . so when ziba had a mind to undermine mephibosheth in his estate , he first practices upon his fame in a false accusation , 2 sam. 16.3 . and alas , how familiarly do we now see both these scenes reacted ? those who will not take vice in their bosoms , shall yet have it bespatter their faces : they who will not run to the same excess of riot , must expect to be evil spoken of , 1 pet. 4.4 . nay not only pious men , but piety it self partakes of the same fate , falls under the two-edg'd slander both of deceit and folly . and if men cannot be permitted quietly to enjoy their piety , much less will they those things whereof the world hath more gust , i mean secular advantages . there are still crimes to be discovered in the possessors of honors or estates , and they wonderfully excite the zeal of those who would supplant them . what artifices are there to make them appear unworthy of what they have , that others more unworthy may succeed them ? nor are those storms only in the upper region , in the higher ranks of men ; but if we pass thro all degrees , we shall find the difference is rather in the value of the things , then in the means of pursuing them . he that pretends to the meanest office , does studiously disparage his competitor , as he that is rival'd for a kingdom . nay , even he that has but a merry humor to gratify , makes no scruple to do it with the loss of another mans reputation . 11. thus do we accomodate every petty temporal interest at the cost of our eternal : and as an unskilful fencer , whilst he is pursuing his thrust , exposes his body ; so whilst we thus actuate our own malice , we abandon our selves to satans , receive mortal wounds from him , only that we may give a few light scratches to one another . for as i have before said , there is nothing does more secure his title to us , then this vice of calumny , it bearing his proper impress and figure . and we may fear , christ will one day make the same judgment of persons as he did of coin , and award them to him whose image and superscription they bear , matth. 22 : 20. 12. and now how great a madness is it to make costly oblations to so vile an idol ? this is indeed the worshipping our own imaginations , preferring a malicious fiction before a real felicity : and is but faintly resembled by him , who is said to have chosen to part with his bishopric , rather then burn his romance . alas , are there not gross corporal sins enough to ruine us , but must we have aëreal ones too , damn our selves with chimera's , and by these forgeries of our brains dream out selves to destruction ? 13. let all those then who thus unhappily employ their inventive faculty , timely consider , how unthriving a trade 't is finally like to prove ; that all their false accusations of others will rebound in true ones upon themselves . it does often so in this world , where many times the most clandestine contrivances of this kind meet with detection . or if they should happen to keep on the disguise here , yet 't will infallibly be torn off at the great day of manifestation , when before god , angels , and men , they will be render'd infinitly more vile , then 't was possible for them here to make others . sect . vi. of vncharitable truth . 1. in the next place we are to consider of the other branch of defamatory reports , viz. such as are true : which tho they must be confest to be of a lower form of guilt then the former , yet as to the kind , they equally agree in the definition of detraction , since 't is possible to impair a mans credit by true reports as well as by false . 2. to clear this i shall first observe , that altho every fault hath some penal effects which are coetanous to the act , yet this of infamy is not so : this is a more remote consequent ; that which it immediatly depends upon , is the publishing . a man may do things , which to god and his own conscience render him abominable , and yet keep his reputation with men : but when this stifled crime breaks out , when his secret guilts are detected , then , and not till then , he becomes infamous : so that altho his sin be the material , yet it is the discovery that is the formal cause of his infamy . 3. this being granted , it follows , that he that divulges an unknown conceled fault , stands accountable for all the consequences that flow from that divulging ; but whether accountable as for guilt , must be determin'd by the particular circumstances of the cause . so that here we must admit of an exception : for tho every discovery of anothers fault be in the strict natural sense of the word a detraction , yet it will not alwaies be the sin of detraction , because in some instances there may some higher obligation intervene , and supersede that we ow to the fame of our neighbor ; and in those cases it may not only be lawful , but necessary to expose him . 4. now all such cases i conceive may summarily be reduced to two heads , justice and charity . first as to justice : that we know is a fundamental vertue , and he that shall violate that , to abound in another , is as absurd , as he that undermines the foundation to raise the walls . we are not to steal to give alms , and god himself has declared , that he hates robbery for a burnt-offering ; so that no pretence either of charity or piety can absolve us from the duty we ow to justice . now it may often fall out , that by conceling one mans fault , i may be injurious to another , nay to a whole community : and then i assume the guilt i concele , and by the laws both of god and man am judged an accessory . 5. and as justice to others enforces , so somtimes justice to a mans self allows the publishing of a fault , when a considerable interest either of fame or fortune cannot otherwise be rescued . but to make loud outcries of injury , when they tend nothing to the repress of it , is a liberty rather assumed by rage and impatience , then authorized by justice . nay , often in that case the complainer is the most injurious person ; for he inflicts more then he suffers , and in lieu of some trivial right of his which is invaded , he assaults the other in a nearer interest , by wounding him in his good name : but if the cause be considerable , and the manner regular , there lies sure no obligation upon any man to wrong himself , to indulge to another . 6. neither does charity retrench this liberty : for tho it be one act of charity to concele another mans faults , yet somtimes it may be inconsistent with some more important charity , which i owe to a third person , or perhaps to a multitude ; as in those cases wherein public benefit is concern'd . if this were not allowable , no history could lawfully be written , since if true , it cannot but recount the faults of many : no evidence could be brought in against a malefactor : and indeed , all discipline would be subverted ; which would be so great a mischief , that charity obliges to prevent it , what defamation soever fall upon the guilty by it . for in such instances 't is a true rule , that mercy to the evil proves cruelty to the innocent . and as in a competition of mischiefs we are to chuse the least , so of two goods the greatest , and the more extensive , is the most eligible . 7. nay , even that charity which reflects upon my self , may also somtimes supersede that to my neighbor , the rule obliging me to love him as , not better then my self . i need not sure silently assent to my own unjust defamation , for fear of proving another a false accuser , nor suffer my self to be made a begger , to concele another mans being a thief . t is true , in a great inequality of interests , charity ●hose character it is , not to seek her own , 1 cor. 13.5 . ) will promt me to prefer a greater concern of my neighbors , before a slight one of my own : but in equal circumstances , i am sure at liberty to be kind first to my self . if i will recede even from that , i may ; but that is then to be accounted among the heroic flights of charity , nor her binding and indispensible laws . 8. having now set the boundaries , the excepted cases ; as all instances within them will be legitimated , so all without them will ( by the known rule of exceptions ) be precluded , and fall under that general duty we owe to our neighbor , of tendring his credit : an obligation so universally infringed , that 't is not imaginable the breach should alwaies happen within the excepted cases . when 't is remembred how unactive the principles of justice and charity are now grown in the world , we must certainly impute such incessant effects , to some more vigorous causes : of which it may not be amiss to point out some of the most obvious , and leave every man to examine which of them he finds most operative in himself . 9. in the first place , i may reckon pride , a humor which as it is alwaies mounting , so it will make use of any foot-stool towards its rise . a man who affects an extraordinary splendor of reputation , is glad to find any foils to set him off ; and therefore will let no fault nor folly of anothers enjoy the shade , but brings it into the open light , that by that comparison his own excellences may appear the brighter . i dare appeal to the breast of any proud man , whether he do not upon such occasions , delight to make some pharisaical reflections on himself , whether he be not apt to say , i am not like other men , or as this publican , luke 18. tho probably he leave out the god i thank thee . now he that cherishes such resentments as these in himself , will doubtless be willing to propagate them to other men ; and to that end render the blemishes of others as visible as he can . but this betraies a degenerous spirit , which from a consciousness that he wants solid worth , on which to bottom a reputation , is fain to found it on the ruines of other mens . the true diamond sparkles even in the sun-shine : 't is but a glow-worm virtue , that ows its lustre to the darkness about it . 10. another promter to detraction is envy , which sometimes is particular , sometimes general . he that has a pique to another , would have him as hateful to all man-kind as he is to him ; and therefore as he grieves and repines at any thing that may advance his estimation , so he exults and triumphs when any thing occurs which may depress it , and is usually very industrious to improve the opportunity , nay has a strange sagacity it hunting it out . no vultur does more quickly scent a carcass , then an envious person does those dead flies which corrupt his neighbors ointment , ecclesiast . 10.1 . the vapor whereof his h●●e , like a strong wind , scatters and disperses far and near . nor needs he any great crime to practice on : every little infirmity or passion , look'd on thro his optics , appears a mountainous guilt . he can improve the least speck or freckle into a leprosy , which shall overspread the whole man : and a cloud no bigger then a mans hand , like that of elisha , 1 kings 18.44 . may in an instant , with the help of prejudice , grow to the utter darkning of the brightest reputation , and fill the whole horizon with tempest and horror . somtimes this envy is general , not confin'd to any man persons , but diffused to the whole nature . some tempers there are so malign , that they wish ill to all , and believe ill of all ; like timon the athenian , who profest himself a universal man-hater . he whose guilty conscience reflects dismal images of himself , is willing to put the same ugly shape upon the whole nature , and to conclude that all men are the same , were they but closely inspected . and therefore when he can see but the least glimmering of a fault in any , he takes it as a proof of his hypothesis , and with an envious joy calls in as many spectators as he can . 't is certain there are some in whose ears nothing sounds so harsh as the commendation of another ; as on the contrary , nothing is so melodious as a defamation . plutarch gives an apt instance of this upon aristides's banishment , whom when a mean person had propos'd to ostracism , being askt what displesure aristides had don him , he replied , none , neither do i know him , but it grieves me to hear every body call him a just man. i fear some of our keenest accusers now a daies may give the same answer . no man that is eminent for piety ( or indeed but moral vertue ) but he shall have many insidious eies upon him , watching for his halting : and if any the least obliquity can be espied , he is used worse then the vilest malefactor : for such are tried but at one bar , and know the utmost of their doom ; but these are arraigned at every table , in every tavern . and at such variety of judicatures , there will be as great variety of sentences ; only they commonly concur in this one , that he is an hypocrite : and then what complacency , what triumph have they in such a discovery ? there is not half so much epicurism in any of their most studied luxuries , no spectacle affords them so much plesure , as a bleeding fame thus lying at their mercy . 11. another sort of detractors there are , whose designs are not so black , but are equally mean and sordid , much too light to be put in ballance with a neighbors credit . of those some will pick up all the little stories they gan get , to humor a patron : an artifice well known by those trencher-guests , who , like rats , still haunt the best provisions . these men do almost come up to a literal sense of what the psalmist spoke in a figurative , psalm 14. and eat up people for bread , tear and worry men in their good names , that themselves may eat . it was a curse denounced against eli's off-spring , that they should come and crouch for a morsel of bread , 1 sam. 2.39 . but such men court this as a preferment , and to bring themselves within the reach of it , stick not to assume that vilest office of common delators . there are others , who when they have got the knowledg of another mans fault , think it an endearing thing to whisper in the ear of some friend or confident . but sure , if they must needs sacrifice some secret to their friendship , they should take davids rule , and not offer that which cost them nothing . if they will express their confidence , let them acquaint them with their own private crimes . that indeed would shew somthing of trust : but those experiments upon another mans cost , will hardly convince any considering person of their kindness . 12. there still remains a yet more trifling sort of defamers , who have no deliberate design which they pursue in it , yet are as assiduous at the trade as the deeper contrivers . such are those who publish their neighbors failings as they read gazets , only that they may be telling news ; an itch wherewith some peoples tongues are strangely over-run , who can as well hold a glowing coal in their mouths , as keep any thing they think new ; nay will somtimes run themselves out of breath , for fear least any should serve them as ahimaaz did cushi , 2 sam. 18.23 . and tell the tale before them . this is one of the most childish vanities imaginable : and sure men must have souls of a very low level , that can think it a commensurate entertainment . others there are who use defamatory discourse , neither for the love of news , nor defamation , but purely for love of talk : whose speech , like a flowing current , bears away indiscriminately whatever lies in its way . and indeed such incessant talkers , are usually people , nor of depth enough to supply themselves out of their own store , and therefore can let no foreign accession pass by them , no more then the mill which is alwaies going , can afford any waters to run wast . i know we use to call this talkativeness a feminine vice ; but to speak impartially , i think , tho we have given them the inclosure of the scandal , they have not of the fault , and he that shall appropriate loquacity to women , may perhaps somtimes need to light diogenes's candle to seek a man : for 't is possible to come into masculine company , where 't will be as hard to edg in a word , as at a female gossiping . however , as to this particular of defaming : both the sexes seem to be at a vie : and i think he were a very critical judg , that could determin between them . 13. now lest these later sort of defamers should be apt to absolve themselves , as men of harmless intentions , i shall desire them to consider , that they are only more impertinent , not less injurious . for tho it be granted , that the proud and envious are to make a distinct account for their pride and envy ; yet as far as relates to the neighbor , they are equally mischievous . anacreon that was choaked with a grape-stone , died as surely as julius cesar with his three and twenty wounds ; and a mans reputation may be as well fool'd and pratled away , as maliciously betraied . nay perhaps more easily ; for where the speaker can least be suspected of design , the hearer is apter to give him credit : this way of insinuating by familiar discourse , being like those poisons that are taken in at the pores , which are the most insensibly sucked in , and the most impossible to expel . 14. but we need not dispute which is worst , since 't is certain all are bad , none of them ( or any that hold proportion with them ) being at all able to pretend their warrant either from justice or charity . and then what our savior saies in another case , will be appliable to this , he that is not for us , is against us , matth. 12.30 . he that is publishing his neighbors faults , acts not upon the dictates of justice or charity , acts directly in contradiction to them : for where they do not upon some particular respects command , they do implicity , and generally forbid all such discoveries . 15. for first , if a fault divulged be of a light nature , the offendor cannot thereby merit so much as to be made a public discourse . fame is a tender thing , and seldom is tost and bandied without receiving some bruise , if not a crack : for reports we know , like snow-balls gather still , the farther they roul : and when i have once handed it to another , how know i how he may improve it ? and if he deliver it so advanced to a third , he may give his contribution also to it , and so in a successive transmitting , it may grow to such a monstrous bulk , as bears no proportion to its original . he must be a great stranger to the world , that has not experimentally found the truth of this . how many persons have laid under great and heavy scandals , which have taken their first rise only from some inadvertence or indiscretion ? of so quick a growth is slander , that the least grain , like that of mustard-seed , mentioned matth. 13.32 : immediatly shoots up into a tree . and when it is so , it can no more be reduced back into its first cause , then a tree can shrink into that little seed from whence it first sprang . no ruins are so irreparable as those of reputation : and therefore he that pulls out but one stone towards the breach , may do a greater mischief then perhaps he intends ; and a greater injustice too : for by how much the more strictly justice obliges to reparation in case of injuries done , so much the more severely does it prohibit the doing those injuries which are uncapable of being repared . in the levitical law , he that knew his ox was apt so gore , and yet kept him not up , stood responsible for any mischief he happened to do , exod. 21.29 . i think there is no considering man can be ignorant how apt little trivial accusations are , to tear and mangle ones fame : and yet if the lavish talker restrain them not , he certainly stands accountable to god , his neighbor , and his own conscience , for all the danger they procure . 16. but if the report concern some higher and enormous crime , 't is true , the delinquent may deserve the less pity , yet perhaps the reporter may not deserve the less blame : for often such a discovery serves , not to reclame , but to enrage the offender , and precipitate him into farther degrees of ill . modestly and fear of shame , is one of those natural restraints , which the wisdom of god has put upon mankind , and he that once stumbles , may yet by a check of that bridle recover again : but when by a public detection he is fallen under that infamy he fear'd , he will then be apt to discard all caution , and to think he owes himself the utmost plesures of his vice , as the price of his reputation . nay , perhaps he advances farther , and sets up for a reverst sort of fame , by being eminently wicked : and he who before was but a clandestine disciple , becomes a doctor of impiety . and sure it were better to let a conceled crime remain in its wish'd obscurity , then by thus rouzing it from its covert , bring it to stand at bay , and set it self in this open defiance ; especially in this degenerous age , when vice has so many well-willers , that , like a hoping party , they eagerly run into any that will head them . 17. and this brings in a third consideration relating to the public , to which the divulging of private ( especially if they be novel unusual ) crimes , does but an ill piece of service . vice is contagious , and casts pestilential vapors : and as he that should bring out a plague-sick person , to inform the world of his disease , would be thought not to have much befriended his neighborhood ; so he that displaies these vicious ulcers , whilst he seeks to defame one , may perhaps infect many . we too experimentally find the force of ill examples . men often take up sins , to which they have no natural propension , merely by way of conforty and imitation . but if the instance happen in a crime , which more suits the practice of the hearers , tho it cannot be said to seduce , yet it may encourage and confirm them ; embolden them not only the more frequently to act , but even to avow those sins wherein they find they stand not single , and by discovering a new accessary to their party , to invite them the more heartily and openly to espouse it . 18. these are such effects as surely do not very well correspond with that justice and charity we owe either to particular persons , or to mankind in general . and indeed no better can be expected , from a practice which to perfectly contradicts the grand rule both of justice and charity , the doing as we would be don to . that this does so , every man has a ready conviction within him , if he please but to consult his own heart . alas , with what solicitude do we seek to hide our own guilts with false dresses , what varnishes have we for them ? there are not more arts of disguising our corporal blemishes , then our moral : and yet whilst we thus paint and parget our own deformities , we cannot allow any the least imperfection of anothers to remain undetected , but tear off the veil from their blushing frailties , and not only expose but proclaim them . and can there be a grosser , a more detestable partiality then this ? god may sure in this instance ( as in many others ) expostulate with us as he did with israel , ezek. 33. are not your waies unequal ? what barbarism , what inhumanity is it thus to treat those of the same common nature with our selves , whom we cannot but know have the same concern to preserve a reputation , and the same regret to lose it , which we have ? and what shame is it , that that evangelical precept , of doing as we would be don to , which met with so much reverence even from heathens , that severus the emperor preferr'd it to all the maxims of philosophers ; should be thus contemned and violated by christians , and that too , upon such slight inconsiderable motives , as usually prevail in this case of defamation ? 19. but we are not to consider this fault only in its root , as it is a defect of ju●tice and charity , but in its product too , as it is a seminary of more injustice and uncharitableness . those disadvantageous reports we make of our neighbors , are almost seen to come round : for let no man perswade himself , that the hearers will keep his counsel any better then he does that of the defamed person . the softest whisper of this kind , will find others to echo it , till it reach the ears of the concerned party , and perhaps with some enhancing circumstances too . and when 't is considered how unwilling men are to hear of their faults , tho even in the mildest and most charitable way of admonition , t is not to be doubted a public defamation , will seem disobliging enough to provoke a return ; which again begets a rejoinder , and so the quarrel is carried on with mutual recriminations ; all malicious inquiries are made into each others manners , and those things which perhaps they did in closets , come to be proclamed upon the house top : so the wild-fire runs round , till sometimes nothing but blood will quench it ; or if it arrive not to that , yet it usually fixes in an irreconcilable feud . to this is often owing those distances we see among friends and relations ; this breeds such strangeness , such animosities amongst neighbors , that you cannot go to one , but you shall be entertain'd with invectives against the other ; nay perhaps you shall lose both , because you are willing to side with neither . 20. these are the usual consequences of the liberty of the tongue : and what account can any man give to himself , either in christianity or prudence , that has let in such a train of mischiefs , merely to gratify an impotent childish humor of telling a tale ? peace was the great legacy christ left to his followers , and ought to be guarded , tho we expose for it our greatest temporal concerns , but cannot without despight to him , as well as our brethren , be thus prostituted . 21. yet if we consider it abstractedly from those more solemn mischiefs which attend it , the mere levity and unworthiness of it sets it below an ingenuous person . we generally think a tatler and busy-body a title of no small reproch : yet truly i know not to whom it more justly belongs , then to those , who busy themselves first in learning , and then in publishing the faults of others : an emploiment which the apostle thought a blot , even upon the weaker sex , and thinks the prevention of such importance , that he prescribes them to change their whole condition of life ; to convert widow-hood ( tho a state which in other respects he much prefers , 1 cor. 7.8 . ) into marriage , rather then expose themselves to the temtation , 1 tim. 5.13.14 . and if their impotence cannot afford excuse for it , what a debasement is it of mens nobler faculties to be thus entertained ? the historian gives it as an ill indication of domitians temper , that he emploi'd himself in catching and tormenting flies : and sure they fall not under a much better character , either for wisdom , or good nature , who thus snatch up all the little fluttering reports , they can meet with to the prejudice of their neighbors . 22. but besides the divulging the faults of others , there is another branch of detraction naturally springing from this root , and this is censuring and severe judging of them . we think not we have well plaid the historians , when we have told the thing , unless we add also our remarks , and animadversions on it . and altho 't is , god knows , bad enough to make a naked relation , and trust it to the severity of the hearers ; yet few can content themselves with that , but must give them a sample of rigor , and by the bitterness of their own censure invite them to pass the like : a process contrary to all rules of law or equity , for the plaintiff to assume the part of a judg. and we may easily divine the fate of that mans fame , that is so unduly tried . 23. 't is indeed sad to see how many private tribunals are every where set up , where we scan and judg our neighbors action , but scarce ever acquit any . we take up with the most incompetent witnesses , nay often suborn our own surmises and jealousies , that we may be sure to cast the unhappy criminal . how nicely and scrupulously do we examine every circumstance ; ( would god we were but half as exact in our own penitential inquisitions ) and torture it to make it confess somthing which appears not in the more general view of the fact , and which perhaps never was in the actors intention ? in a word , we do like witches with their magical chymistry , extract all the venem , and take none of the allay . by this means we confound the degrees of sins , and sentence deliberate and indeliberate , an habit or an act all at one rate , that is commonly , at the utmost it can amount to , even in its worse acception : and sure this were a most culpable corruption in judgment , could we shew our commission to judg our brethren . 24. but here we may every one of us interrogate our selves in our saviours words , who made me a judg ? luke 12.14 . and if he disclaim'd it , who in respect of his divinity had the supreme right , and that too in a case wherein one ( at least ) or the litigants had desired his interposition , what a boldness is it in us to assume it , where no such appeal is made to us , but on the contrary , the party disowns our autority ? nay ( which is infinitly more ) t is superseded by our great law-giver , in that express prohibition , matth. 7.1 . judg not , and that back'd with a severe penalty , that ye be not judged ? as god hath appropriated vengeance to himself , so has he judicature also ; and t is an invasion of his peculiar , for any ( but his delegates the lawful magistrates ) to pretend to either . and indeed , in all private judgment , so much depends upon the intention of the offender , that unless we could possess our selves of gods omniscience , 't will be as irrational as impious to assume his autority . until we know mens hearts , we are at the best but imperfect judges of their actions . at our rate of judging , st. paul had surely pass'd for a most malicious persecutor , whereas god saw he did ignorantly in unbelief , and upon that intuition had mercy on him , 1 tim. 1.13 . 't is therefore good counsel which the apostle gives , 1 cor. 4.5 . judg nothing before the time until the lord come . for tho 't is said , the saints shall judg the world , 1 cor. 6.3 . yet it must be at the great assize , and he that will needs intrude himself into the office before the time , will be in danger to be rather passive then active in the judicatory . i do not here advise to such a stupid charity as shall make no distinction of actions . i know there is a woe pronounced as well to those who call evil good , as good evil . surely when we see an open notorious sin committed , we may express a detestation of the crime , tho not of the actor ; nay it may somtimes be a necessary charity , both to the offender , and to the innocent spectators , as an amulet to keep them from the contagion of the example . but still even in these cases , our sentence must not exceed the evidence , we must judg only according to the visible undoubted circumstances , and not aggravate the crime upon presumtions and conjectures ; if we do , how right soever our guesses may be , our judgment is not , but we are as saint james speaks , judges of evil thoughts , chap. 2.4 . 25. indeed this rash judging is not only very unjust both to god and man , but it is an act of the greatest pride . when we set our selves in the tribunal , we alwaies look down with contemt on those at the bar. and certainly there is nothing does so gratify , so regale a haughty humor , as this piece of usurpt soverainty over our brethren : but the more it does so , the greater necessity there is to abstain from it . pride is a hardy kind of vice , that will live upon the barest pasture : you cannot starve it with the most industrious mortifications : how little need is there then of pampering and heightning it , which we cannot more effectually do , then by this censorious humor ? for by that we are so perpetually emploi'd abroad , that we have no leisure to look homeward , and see our own defects . we are like the inhabitants of ai , jos. 8. so eager upon the pursuit of others , that we leave our selves expos'd to the ambushes of satan , who will be sure still to encourage us in our chase , draw us still farther & farther from our selves , and cares not how zealous we are in fighting against the crimes of others , so he can but keep that zeal from recoiling upon our own . 26. lastly , this judging others , is one of the highest violations of charity . the apostle gives it as one of the properties of that grace , that it thinks no evil ( i. e. ) is not apt to make severe constructions , but sets every thing in the fairest light , puts the most candid interpretations that the matter will bear . and truly , this is of great importance to the reputation of our neighbors . the world we know is in many instances extremely governed by opinion , but in this 't is all in all ; it has not only an influence upon it , but is that very thing : reputation being nothing but a fair opinion and estimation among others . now this opinion is not alwaies swaied by due motives : somtimes little accidents , and often fancy , and oftest prepossession governs in it . so that many times he that puts the first ill character , fixes the stamp which afterwards goes current in the world. the generality of people take up prejudices ( as they do religions ) upon trust : and of those that are more curious in inquiring into the grounds , there are not many who vary on the more charitable hand , or bring the common sentence to review , with intent to moderate but inhance it . men are apt to think it some disparagement to their acuteness and invention , if they cannot say somthing as sharp upon the subject , as has bin said before ; and so 't is the business of many to lay on more load , but of few to take off : and therefore he that passes the first condemnatory sentence , is like the incendiary in a popular tumult , who is chargeable with all those disorders to which he gave the first rise , tho that free not his abettors from their share of the guilt . 27. and as this is very uncharitable in respect of the injury offer'd , so also is it in reflection on the grand rule of charity . can we pretend to love our neighbors as our selves , and yet shall our love to him have the quite contrary effects to that we bear our selves ? on self-love lessen our beam into a mote , and yet can our love to him magnify his mote into a beam ? no certainly , true charity is more sincere , does not turn to us the reverse end of the perspective , to represent our own faults at a distance , and in the most diminitive size , and yet shuffle the other to us when we are to view his . no , these are tricks of legerdemain we read in another schole , even in his , whose stile is the accuser of the brethren . we know how frequently god protests against false weights and false mesures . and sure 't is not only in the shop or market that he abhors them , they are no less abominable inconversation then in traffic . to buy by one mesure and sell by another , is not more unequal , then it is to have these differing standards for our own and our neighbors faults , that our own shall weigh , in the prophet jeremiahs phrase , lighter then vanity , yea nothing , and yet his ( tho really the lighter ) shall prove zacharies talent of lead . this is such a partiallity , as consists not with common honesty , and can therefore never be reconciled with christian charity : and how demurely soever such men may pretend to sanctity , that interrogation of god presses hard upon them , shall i count them pure with the wicked balances , and with the bag of deceitful weights ? mich. 6.11 . such bitter invectives against other mens faults , and indulgence or palliation of their own , shews their zeal lies in their spleen , and that they consider not so much what is don , as who does it : and to such the sentence of the apostle is very applicable , romans 2.1 . therefore thou art inexcusable , o man , whosoever thou art that judgest , for wherein thou judgest another , thou condemnest thy self , for thou that judgest dost the same thing . but admit a man have not the very same guilts he censures in another , yet 't is sure every man has some ; and of what sort soever they be , he desires not they should be rigorously scan'd , and therefore by the rule of charity , yea and justice too , he ought not to do that which he would not suffer . if he can find extenuations for his own crimes , he is in all reason to presume others may have so for theirs : the common frailty of our nature , as it is apt alike to betray us to faults , so it gives as equal share in the excuse ; and therefore what i would have pass for the effect of impotency or inadvertence in my self , i can with no tolerable ingenuity give a worse name to in him . 28. we have now viewed both these branches of detraction , seen both the sin and mischiefs of them ; we may now join them together in a concluding observation , which is , that they are as imprudent as they are unchristian . it has bin received among the maxims of civil life , not unnecessarily to exasperate any body ; to which agrees the advice of an ancient philosopher , speak not evil of thy neighbor , if thou dost thou shalt hear that which will not fail to trouble thee . there is no person so inconsiderable , but may at some time or other do a displesure : but in this of defaming men need no harnessing , no preparation ; every man has his weapons ready for a return : so that none can shoot these arrows , but they must expect they will revert with a rebounded force : not only to the violation of christian unity ( as i have before observ'd ) but to the aggressors great secular demerit , both in fame , and oftentimes interest also . revenge is sharp-sighted , and over-looks no opportunity of a retaliation ; and that commonly not bounded as the levitical ones were , an eye for an eye , a tooth for a tooth , exod. 21.24 . no nor by the larger proportions of their restitutions four-fold , exod. 21.1 . but extended to the utmost power of the inflicter . the examples are innumerable of men who have thus laid themselves open in their greatest concerns , and have let loose the hands as well as tongues of others against them , merely because they would put no restraint upon their own ; which is so great indiscretion , that to them we may well apply that of solomon , a fools mouth is his destruction , and his lips are the snare of his soul , prov. 18.7 . 29. and now who can sufficiently wonder , that a practice that so thwarts our interest of both worlds , should come universally to prevail among us ? yet that it does so , i may appeal to the consciences of most , and to the observation of all . what so common topic of discourse is there , as this of back-biting our neighbors ? come into company of all ages , all ranks , all professions , this is the constant entertainment : and i doubt , he that at night shall duly recollect the occurences of the day , shall very rarely be able to say , he has spent it without hearing or speaking ( perhaps both ) somwhat of this kind . nay even those who restrain themselves other liberties , are often apt to indulge to this : many who are so just to their neighbors property , that as abraham once said , gen. 14.23 . they would not take from him , even from a thred to a shoe latchet , are yet so inconsiderate of his fame , as to find themselves discourse at the expence of that , tho infinitly a greater injury then the robbing of his coffer : which shews what false mesures we are apt to take of things and evinces that many of those , who have not only in general abjur'd the world in their baptism , but do in many instances seem to themselves ( as well as others ) to have gain'd a superiority over it , do yet in this undiscernibly yield it the greatest ensign of soveraignty , by permitting it to set the standards and estimates of things , and taking its customary prescriptions for laws . for what besides this unhappy servility to custom , can possibly reconcile men that own christianity , to a practice so widely distant from it ? 't is true , those that profess themselves men of this world , who design only their portion in this life , may take it up as somtimes conducing ( at least seemingly ) to their end : but for those who propose higher hopes to themselves , and know that charity is one of the main props to those hopes , how foolishly do they undermine themselves , when they thus act against their principles , and that upon no other autority , but that of popular usage ? i know men are apt to excuse themselves upon their indignation against vice , and think that their zeal must as well acquit them for this violation of the second table , as it once did moses for the breaking both , exod. 32.19 . but to such i may answer in christs words , luke 9.55 . ye know not what manner of spirit ye are of . meekness and charity are the evangelical graces , which will most recommend and assimilate us to him , who was meek and lowly in heart . but after all this pretext of zeal , i fear it is but a cheat we put on our selves , the elder brothers raiment only to disguise the supplanter , gen. 27. let men truly ransack their own breasts , and i doubt the best will find there is somthing of vanity that lies at the bottom , if it be not the positive sort mention'd before , of designing to illustrate my self by others blemishes , yet at least the negative , that i am unwilling to incur the contemt incident to those , who scruple at small sins . besides i observe perhaps , that 't is the common entertainment of the world , to defame their neighbors , and if i strike not in upon the theme , i shall have nothing to render me acceptable company ; perhaps i shall be reproched as morose or dull , and my silence shall be construed to proceed not from the abundance of my charity , but the defect of my wit. 20. but sure they that can thus argue , do hereby give a more demonstrative proof of that defect . he whose wit is so precarious , that it must depend only upon the folly or vice of another , had best give over all pretence to it . he that has nothing of his own growth to set before his guests , had better make no invitations , then break down his neighbors inclosure , and feast them upon his plunder . besides , how pitiful an attestation of wit is it , to be able to make a disgraceful relation of another ? no scolding woman but may set up such trophies : and they that can value a man upon such an account , may prefer the scarabes , who feed upon dung , and are remark'd by no other property , before the bee that sucks flowers and returns hony. 31. but in the next place , admit this restraint should certainly expose one to that reproch ; methinks this should be no news to those who know the condition of christianity is to take up the cross : and sure it cannot weigh lighter then in this instance . what am i the worse , if a vain talkative person think me too reserv'd ? or if he , whose frolic levity is his disease , call me dull , because i vapor not out all my spirits into froth ? socrates when inform'd of some gating speeches one had used of him behind his back , made only this facetious reply , let him beat me too when i am absent . and he that gets not such an indifference to all the idle censures of men , will be disturb'd in all his civil transactions , as well as his christian : it being scarce possible to do any thing , but there will be descants made on it . and if a man will regard those winds , he must , as solomon saies , never sow , eccl. 11.4 . he must suspend even the necessary actions of common life , if he will not venture them to the being mis-judged by others . 32. but there is yet a farther consideration in this matter : for he that upon such a despicable motive will violate his duty in one particular , lets satan get a main point of him , and can with no good logic deny to do it in others . detraction is not the only sin in fashion : profaneness , and obscenity , and all sorts of luxury are so too , and threaten no less reproch to those who scruple at them . upon the same grounds therefore that he discards his charity to his neighbor , he may also his piety , his modesty , his temperance , and almost all other virtues . and to speak the truth , there is not a more fertile womb of sin , then this dread of all mens reproch . other corruptions must be gratified with cost and industry , but in this the devil hath no farther trouble then to laugh men out of their souls . so prolific a vice therefore had need be weeded out of mens hearts : for if it be allowed the least corner , if it be indulged too in this one instance , 't will quickly spread it self farther . 33. yet after all , this fear of reproch is a mere fallacy , started to disguise a more real cause of fear : for the greatest danger of reproch does indeed lie on that other side . common estimation puts an ill character upon pragmatic medling people . for tho the inquisitiveness and curiosity of the hearer , may somtimes render such discourses grateful enough to him , yet it leaves in him no good impressions of the speaker . this is well observ'd by the son of sirach , ecclus. 19.8 , 9. whether it be to friend or foe , talk not of other mens lives , and if thou canst without offence , revele them not , for he heard and observ'd thee , and when time cometh he will hate thee . in a word , all considering persons will be ever upon their guard in such company , as fore-seeing that they will talk no less freely of them , then they do of others before them . nor can the commonness of the guilt obviate the censure , there being nothing more frequent then for men to accuse their own faults in other persons . vice is like a dark lantern , which turns its bright side only to him that bears it , but looks black and dismal in anothers hand : and in this particular none has so much reason to fear a defamer , as those who are themselves such : for ( besides the common prudential motive ) their own consciousness gives them an inward alarm , and makes them look for a retribution in the same kind . thus upon the whole matter we see , there is no real temtation , even to our vanity , to comply with this uncharitable custom , we being sure to lose more repute by it then we can propose to our selves to gain . the being esteem'd an ill man , will not be balanced by being thought pleasant , ingenuous company , were one sure to be so . but 't is odds , that will not be acquired by it neither , for the most assiduous tale-bearers , and biterest revilers , are often half-witted people : there being nothing more frequently observed , then such mens aptness to speak evil of things they understand not , jude v. 10. 34. o let not then those that have repudiated the more inviting sins , shew themselves philter'd and bewitch'd by this , but instead of submitting to the ill example of others , set a good one to them , and endeavor to bring this unchristian custom out of fashion . i am sure if they do not , they will be more deeply chargeable then others : for the more command they have over their other corruptions , the more do they witness against themselves . their remissness and willing subjection to this , besides their example when ill , is more ensnaring then other mens , and is apt to insinuate easie thoughts of the sin . men are apt to think themselves safe while they follow one of noted piety , and the autority of his person often leads them blindfold into his failings . thus when peter dissembled , st. paul tells us , that the other jews , and even barnabas also , was carried away with his dissimulation , galat. 2.13 . and i doubt not in this particular many are incouraged by the liberty they see even good men take . so that such have a more accumulative guilt , for they do not only commit , but patronize the fault : the consideration whereof has kept me , i confess , longer upon this head , then is proportionable to the brevity of the rest ; but i think not longer then agrees to the importance of the subject . 35. and now since we have consider'd the malignity of this sin of detraction , and yet withal find that 't is a sin , which as the apostle speaks , doth so easily beset us , 't is but a natural corollary that we inforce our vigilance against it . and where the importance and difficulty are both so great , 't will be a little necessary to consider what are the likliest means , the most appropriate antidote against this so dangerous , and yet so epidemic a disease . 36. and here the common rule of physic is to be adverted to , viz. to examine the causes , that the remedies may be adapted to them . i shall therefore in the first place desire every man seriously to study his own constitution of mind , and observe what are his particular temtations to this sin of detraction , whether any of those i have before mention'd , as pride , envy , levity , &c. or any other which lies deeper , and is only discernible to his own inspection . let him , i say , make the scrutiny , and then accordingly apply himself to correct the sin in its first principle . for as when there is an eruption of humor in any part , 't is not cured merely by outward applications , but by such alterative medicines as purify the blood ; so this leprosy of the tongue will still spread farther , if it be not check'd in its spring and source , by the mortifying of those corrupt inclinations , which feed and heighten it . 37. this is an inquisition i must leave to every mans own conscience , which alone can testify by what impulses he acts . yet as the rabbins were wont to say , that in every signal judgment which befel the jews , there was some grain of the golden-calf ; so i think i may venture to say , that in all detraction , there is some mixture of pride : and therefore i suppose , a caution against that , will be so generally seasonable , that it may well lead the van of all other advices in this matter . and here 't is very observable , that god who has made of one blood all nations of the earth , acts 17. has so equally distributed all the most valuable privileges of human-nature , as if he design'd to preclude all insulting of one man over another . neither has he only thus insinuated it by his providence , but has inforc'd it by his commands in the levitical law we find what a particular care he takes to moderate the rigor of judicial correction , upon this very account , lest thy brother be despised in thine eyes , deut. 25.3 . so unreasonable did he think it , that the crime or misery of one , should be the exultation of another . and s. paul brands it as a great guilt of the corinthians , that they upon the occasion of the incestuous person were puffed up , when they should have mourned , 1 corin. 5.2 . when we see a dead corps , we are not apt to insult over it , or brag of our own health and vigor ; but it rather damps us , and makes us reflect , that it may ( we know not how soon ) be our own condition . and certainly the spectacles of spiritual mortality should have the same operation . we have the same principles of corruption with our lapsed brethren , and have nothing but gods grace , to secure us from the same effects , and by these insulting reflections we forfeit that too ; for he gives grace only to the humble , james 4.6 . saint pauls advice therefore is very apposite to this case , gallat . 6.1 . brethren , if a man be overtaken in a fault , restore such a one in the spirit of meekness , considering thy self , least thou also be temted . in a word , the faults of others ought to excite our pity towards them , our caution as to our selves , and our thankfulness to god , if he hath hitherto preserv'd us from the like , for who made thee to differ from another ? 1 cor. 4.7 . but if we spread our sails and triumph over these wrecks , we expose our selves to worse . other sins like rocks may split us , yet the lading may be preserv'd : but pride like a gulf swallows us up ; our very vertues when so levened , becoming weights and plummets to sink us to the deeper ruine . the counsel therefore of the apostle , is very pertinent to this matter , rom. 11.20 . be not high minded , but fear . 38. but god knows we can insult over others when we are not only under a possibility , but are actually involv'd in the same guilt : and then what are all our accusations and bitter censures of others , but indictments and condemnatory sentences against our selves ? and we may justly expect god should take us at our word , and reply upon us as the prophet did upon david , thou art the man , 2 sam. 12.7 . for tho our officious vehemence against anothers crime , may blind the eies of men , yet god is not so mocked . as therefore when a thief or murderer is detected , it gives an alarm to the whole confederacy ; so when we find our own guilts pursued in ot●er mens persons , t is not a time for us to join in the prosecution , but rather by humble and penitent reflections on our selves to provide for our own safety . when therefore we find our selves ( upon any misdemeanor of our brother ) ready to mount the tribunal , and pronounce our sentence , let us first consider how competent we are for the office , calling to mind the decision christ once made in the like case , he that is without sin let him first cast a stone , job . 8.7 . and if we did this , many perhaps of our fiercest impeachers , would think fit to retire , and leave the delinquent ( as they themselves finally desire to be ) to the merciful indulgence of a savior . in short , would we but look into our own hearts , we should find so much work for our inquisitions and censure , that we should not be at leisure to ramble abroad for it . and therefore as lycurgus once said to one , who importun'd him to establish a popular parity in the state , do thou , saies he , begin it first in thine own family : so i shall advise those that will be judging , to practice first at home . and if they will confine themselves to that , till there be nothing left to correct , i doubt not their neighbor will be well enough secur'd against their detractions . 39. another preservation against that sin is the frequent contemplation of the last and great judgment . this is indeed a catholicon against all : but we find it particularly appli'd by st. paul to this of judging and despising our brethren . why dost thou judg thy brother ? or why dost thou set at nought thy brother ? we shall all stand before the judgment seat of christ , rom. 14.10 . that is the great day of revelation and retribution , and we are not to anticipate it by our private inquests or sentences : we have business enough to provide our own accounts against that day . and as it were a spightful folly for malefactors , that were going together to that bar , to spend their time in exaggerating each others crimes : so surely is it for us , who are all going toward the dreadful tribunal , to be drawing up charges against one another . and who knows but we may then meet with the fate of daniels accusers , see him we censur'd acquit , and our selves doomed . the penitence of the criminal may have numbred him among the saints , when our unretracted uncharitableness may send us to unquenchable flames . i conclude this consideration with the words of st. james , there is one lawgiver who is able to save and to destroy , who art thou that judgest another ? jam. 4.12 . 50. a third expedient may be , to try to make a revulsion of the humor , to draw it into another chanel . if we must needs be talking of other peoples faults , let it not be to defame , but to amend them , by converting our detraction and backbiting into admonition and fraternal correption . this is a way to extract medicine out of the viper , to consecrate even this so unhollow'd a part of our temper , and to turn the ungrateful medling of a busy-body , into the most obliging office of a friend . and indeed had we that zeal for vertue , which we pretend when we inveigh against vice , we should surely lay it out this way ; for this only gives a possibility of reforming the offender . but alas we order the matter so , as if we fear'd to lose the occasion of clamor , and will tell all the world but him that it most concerns . indeed t is a deplorable thing to see how universally this necessary christian duty is neglected ; and to that neglect we may in a great degree impute that strange over-flowing of detraction among us . we know the receiving any thing into our charge , insensibly begets a love and tenderness to it ( a nurse upon this account comes often to vie kindness with the mother : ) and would we but take one another thus into our care , and by friendly vigilance thus watch over each others souls , t is scarce imaginable what an endearment it would create : such certainly as would infallibly supplant all our unkind reportings and severe descants upon our brethren ; since those can never take place , but when there is at least an indifference , if not an enmity . 41. the next cure i shall propose for detraction , is to substract its nurishment , by suppressing all curiosity and inquisitiveness concerning others . were all supplies thus cut off , it would at last be subdued . the king of ethiopia in a vie of wit with the king of egypt , propos'd it as a problem to him , to drink up the sea , to which he repli'd , by requiring him first to stop the access of rivers to it : and he that would drain this other ocean , must take the same course , dam up the avenues of those springs which feed it . he that is alwaies upon the scent , hunting out some discovery of others , will be very apt to invite his neighbors to the quarry ; and therefore t will be necessary for him , to restrain himself from that range : not like jealous states , to keep spies and pensioners abroad to bring him intelligence , but rather discourage all such officious pick-thanks : for the fuller he is of such informations , the more is his pain if he keep them in , and his guilt if he publish them . could men be perswaded to affect a wholesome ignorance in these matters , it would conduce both to their ease and innocence : for 't is this itch of the ear which breaks out at the tongue : and were not curiosity the purveior , detraction woud soon be starved into a tameness . 42. but the most infallible receit of all , is the frequent recollecting , and serious applying of the grand rule , of doing as we would be don to : for as detraction is the violation of that , so the observation of that must certainly supplant detraction . let us therefore when we find the humor fermenting within us , and ready to break out in declamations against our brethren , let us , i say , check it with this short question , would i my self be thus us'd ? this voice from within , will be like that from heaven to st. paul , which stopt him in the heigth of his carrier . act. 9.4 . and this voice every man may hear , that will not stop his ears , nor gag his conscience , it being but the echo of that native justice and equity which is planted in our hearts : and when we have our remedy so near us , and will not use it , god may well expostulate with us , as he did with the jews , why will ye die , o house of israel ? ezek. 33.11 . 43. these are some of those many receits which may he prescrib'd against this spreading disease . but indeed there is not so much need to multiply remedies , as to perswade men to apply them . we are in love with our malady , and as loth to be cured of the luxury of the tongue , as st. augustine was of his other sensuality , against which he praied with a caveat , that he might not be too soon heard . but 't is ill dallying , where our souls are concern'd : for alas t is they that are wounded by those darts , which we throw at others . we take our aim perhaps at our neighbors , but indeed hit our selves : herein verifying in the highest sense that axiom of the wise-man , he that diggeth a pit , shall fall into it , and he that roleth a stone , it shall return upon him , prov. 25.27 . if therefore we have no tenderness , no relenting to our brethren , yet let us have some to our selves ; so much compassion , nay so much respect to our precious immortal souls , as not to set them at so despicable a price , to put them in balance with the satisfying of a petulant peevish vanity . surely the shewing our selves ill-natur'd ( which is all the gain detraction amounts to ) is not so enamouring a design , that we should sacrifice to it our highest interest . t is too much to spend our breath in such a pursuit ; o let not our souls also exhale in the vapor ; but let us rather pour them out in praiers for our brethren , then in accusations of them : for tho both the one and the other will return into our own bosoms , yet god knows to far differing purposes , even as differing as those wherewith we utter them . the charity of the one like kindly exhalations will descend in showers of blessings , but the rigor and asperity of the other , in a severe doom upon our selves : for the apostle will tell us , he shall have judgment without mercy , that hath shewed no mercy , james 2.13 . sect . vii . of scoffing and derision . there is also another fault of the tongue injurious to our neighbor , and that is derision and mockery , and striving to render others as ridiculous and contemtible as we can . this in respect of the subject matter differs from the other of detraction , as much as folly or deformity do's from vice : yet since injuries as well as benefits , are to be mesured by common estimation , this may come in balance with the other . there is such a general aversation in human nature to contemt , that there is scarce any thing more exasperating . i will not deny but the excess of that aversation may be level'd against pride : yet sure scorn and disdain never sprung from humility , and therefore are very incompetent correctors of the other ; so that it may be said of that , as once it was of diogènes , that he trampled on plato's pride with greater of his own . 2. nor is this injury enhanced only by the resentment of the sufferer , but also by the way of inflicting it . we generally think those are the severest marks of infamy , which are the most indelible . to be burnt in the hand or pilloried , is a more lasting reproch then to be scourged or confined ; and it is the same in this case , for here commonly wit is the lictor , which is arm'd with an edg'd tool , and leaves scars behind it . the reproch of rage and fury seem to be writ in chalk or lead , which a dispassionate hearer easily wipes out , but those of wit are like the gravers burine upon copper , or the corrodings of aqua-fortis , engrave and indent the characters that they can never be defaced . the truth of this daily experience attests . a dull contumely quickly vanishes , no body thinking it worth remembring , but when t is steel'd with wit , it pierces deep , leaves such impressions in the fancy of the hearers , that thereby it gets rooting in the memory , and will scarce be eradicated : nay sometimes it happens to survive both speaker and hearer , and conveys it self to posterity ; it being not unusual for the sarcasms of wit to be transmitted in story . and as it thus gives an edg , so also do's it add wings to a reproch , makes it fly abroad in an instant . many a poor mans infirmities had bin confined to the notice of a few relations or neigbors , had not some remarkable strain of drollery scatter'd and dispersed them . the jest recommends the defamation , and is commonly so incorporate with it , that they cannot be related apart . and even those who like it not in one respect , yet are many times so transported with it in the other , that they chuse rather to propagate the contumely , then stifle the conceit . indeed wit is so much the diana of this age , that he who goes about to set any bounds to it , must expect an uproar , acts 19.28 . or at least to be judged to have imposed an envious inhibition on it , because himself has not stock enough to maintain the trade . but how ever sharp or unexpected the censure may seem to be , yet t is necessary that plain downright truth should somtimes be spoken ; and i think that will bear me out , if i say t is possible men may be as oppressive by their parts , as their power ; and that god did no more design the meaner intellectuals of some for triumphs to the pride and vanity of the more acute , then he did the possessions of the less powerful , as a prey to the rapine and avarice of the mighty . 3. and this suggests a yet farther aggravation of this sin , as it is a perverting of gods design , and abuse of the talent he has committed to men in trust . ingenuity and quickness of parts , is sure to be reckoned in the highest ranks of blessings , and an instrument proper for the most excellent purposes : and therefore we cannot suppose the divine wisdom so much short of human , as not in his intention to assign it to uses worthy of it . those must relate either to god , our selves , or our neighbors . in respect of god , it renders us more capable of contemplating his perfections , discerning the equity and excellence of his laws , and our obligations to obedience . in regard of our selves it makes us apprehend our own interest in that obedience ; makes us tractable and perswasible , contrary to that brutish stub bornness of the horse and mule , which the psalmist reproches , psal. 32.9 . besides it accommodates us in all the concerns of human life , forms it self into all those useful contrivances , which may make our being here more comfortable : especially it renders a man company to himself , and in the greatest dearth of society , entertains him with his own thoughts . lastly , as to our neighbors , it renders us useful and assistant . all those discoveries and experiments , those arts and sciences , which are now the common tresure of the world , took their first rise from the ingenuity of particular persons : and in all personal exigencies wherein any of us are at any time involved , we need not be told the usefulness of a wise adviser . now all these are emploiments commensurable to the faculty from whence they flow , and that answer its excellence and value ; and he that so bestows his talent , gives a good account of his trust . but i would fain know under which of these heads derision of our neighbor comes in : certainly not under that of being assistant to him . it would be a sorry relief to a poor indigent wretch , to lavish out wit upon him , in upbraiding of his misery . and is not this a parallel case ? is it not the same barbarism , to mock and reproch a man that wants the gifts of nature , as him that wants those of fortune ? nay perhaps it may be more , for a beggar may have impoverisht himself by his own fault , but in natural defects there is nothing to be charged , unless we will fly higher , and arraign that providence that hath so dispensed . in a word , as the superfluities of the rich are by god assign'd as the store-house of the poor , so the abilities of the wise are of the ignorant : for t is a great mistake , to think our selves stewards in some of gods gifs , and proprietaries in others . they are all equally to be emploied , according to the designation of the donor , and there is nothing more universally design'd by him , then that mankind should be equally helpful to one another . those therefore whom god hath blest with higher degrees of sagacity and quickness , ought not to look down on others as the objects of their contemt or scorn , but rather of their care and pity , endeavoring to rescue them from those mischiefs , to which their weakness may expose them , remembring still , that god might have changed the scene , and made themselves what they see others . it is part of jobs justification of his integrity , that he was eies to the blind , and feet to the lame , job . 29.25 . ( i. e. ) he accommodated his assistances to all the wants and exigencies of others : and sure t is no less the part of a good man to do it in the mental then in the corporeal defects . 4. but alas many of us would rather put a stumbling block in the way of the blind , pull away the crutch from the lame , that we may sport our selves to see them tumble : such a sensuality we have in observing and improving the imperfections of others , that it is become the grand excellence of the age to be dextrous at it , and wit serves some men for little else . we are got indeed into a merry world , laughing is our main business ; as if because it has bin made part of the definition of man , that he is risible , his man-hood consisted in nothing else . but alas , if that be all the use men have of their understandings , they were given them to little purpose , since mere idiots can laugh with as much plesure and more innocence then they ; and it is a great instance how extremes may be brought to meet , that the excess of wit in the one , and of folly in the other , serve to produce the same effect . 5. yet so voracious is this humor now grown , that it draws in every thing to feed it . there is not game enough from the real folly of the world , and therefore that which is the most distant from it must be stampt with its mark . t is a known story of the frier who on a fasting day bid his capon be carp , and then very canonically ate it ; and by such a transubstantiating power our wits bid all seriousness and consideration be formality and foppery , and then under that name endeavor to hunt it out of the world . i fear moral honesty fares not better with some of them then moral prudence . the old philosophical vertues of justice , temperance , and chastity are now hist off the stage , as fit only for the antiquated set of actors , and he that appears in that equipage , is by many thought more ridiculous , then he that walks the street in his ancestors trunk-hose . nay indeed vice its self is scarce secure if it have not the grand accomplishment of impudence : a puny blushing sinner is to be laught out of his modesty , tho not out of his sin ; and to be proof against their scorns he must first be so against all the regrets of his own mind . 6. and if mere ethnic virtue , or shame-fac'd vice have this treatment , christian piety must expect worse : and so indeed it finds , its possessors being beyond all others exposed to their scorn and contemt . nor is it strange it should be so , such men being made , as it is wisd. 2.14 . to reprove their waies , they think in their own defence they are to deride theirs . this is it indeed which gives a secret sting and venem to their reproches : other men they abuse as an exercise of their wit , but these in defence of the party . so julian after his apostacy , thought it a more effectual way to persecute the christians by taunts and ironies , then by racks and tortures , as thinking it more possible to shame , then fright them out of their religion . and the stratagem seems to have bin reassumed by many in this age , and i fear with too great success : for i doubt not there are divers who have herded themselves amongst these profane scoffers , not that they are convinced by their reasons , but terrified by their contumelies ; and as some indians are said to worship the devil , that he may not hurt them ; so these chuse to be active , that they may not be passive in the contemts flung upon religion : such men forget the dreadful denunciation of christ against those that shall be ashamed of him and his words , mat. 8.38 . 7. as for those who , upon a juster estimate , find the advantages of piety worthy to be chosen , and take it with all its necessary ignominies , they have the encouragement of very good company in their sufferings . the psalmist long ago had his share , when not only those that sa●e in the gate spake against him , but the drunkards made songs upon him , psalm . 69.12 . t was also the prophet jeremies complaint , i am in derision daily , every one mocketh me , jer. 20.7 . nay our blessed lord himself was derided in his life by the pharisees , luke 16.14 . mocked and reviled at his death by the priests , the elders , the soldiers ; nay by casual passengers , mat. 27.39 . and shall the servant think himself greater then his lord ? shall a christian expect an immunity from what his savior has born before him ? ( he that do's so , is too delicate a member for a crucified head . ) no sure , let us rather animate our selves , as the apostle exhorts , by considering him who as well despised the shame , as endured the cross for us , heb. 12.3 . and who has not only given an example , but proposed a reward , a beatitude to those who are reviled for righteousness sake , mat. 3.11 . and when this is soberly ponder'd , 't will sure make it easy for us to resolve with holy david in a like case , i will be yet more vile , 2 sam. 6.22 . 8. but to return from this digression , to those who thus unhappily employ their parts , let me propose to them , that they would borrow every day some few minutes from their mirth , and seriously consider , whether this be ( i need not say a christian , but ) a manly exercise of their faculties . alas when they have rallied out the day from one company to another , they may sum up their account at night in the wise mans simile , their laughter has bin but like the crackling of thorns under a pot , ecclus. 6.7 . made a little brisk noise for the present , and with the sparkles perhaps annoied their neighbors , but what real good has it brought to themselves ? all that they can fancy is but the repute of wit. but sure that might be attainable some other way . we find the world affected to new things , and this of derision and abuse to others is so beaten a road , that perhaps the very variety of a new way would render it acceptable . they are the lighter substances that still swim away with the stream , the greater and more solid bodies do somtimes stop the current : and sure 't were a noble essay of mans parts to stem this tide , and by a more useful application of their own faculties , convince others that theirs might be better emploied . t is said of anacharsis , that at a feast he could not be got to smile at the affected railleries of common jesters , but when an ape was brought in he freely laught , saying , an ape was ridiculous by nature , but men by art and study . and truly t is a great contemt of human nature to think their intellects were given them for no better end then to raise that laughter , which a brute can do as well or better . 9. i would not be thought to recommend such a stoical sourness , as shall admit of nothing of the cheerful pleasant part of conversation . god has not sure bin more rigid to our minds then to our bodies : and as he has not so devoted the one to toil , but that he allows us some time to exercise them in recreation as well as labors , so doubtless he indulges the same relaxation to our minds ; which are not alwaies to be scrued up to the height , but allowed to descend to those easinesses of converse , which entertain the lower faculties of the soul. nor do i think those are ill emploied in those little skirmishes of wit , which pass familiarly between intimates and acquaintances , which besides the present divertisement , serve to whet and quicken the fancy . yet i conceive this liberty is to be bounded with some cautions : as first in these encounters , the charge should be powder , not bullets ; there should nothing be said that should leave any ungrateful impressions , or give any umbrage of a spightful intent . the world wants not experiments of the mischiefs have happened by too severe railleries : in such fencing , jest has proved earnest , and florets have oft turn'd to swords , and not only the friendship , but the men have fallen a sacrifice to a jest. 19. secondly this is to have the same restriction with all other recreations , that it be made a divertisement , not a trade . t is an insinuating thing , and is apt to encroch too much upon our time , and god knows we have a great deal of business of this world , and much more for the next , which will not be don with laughing , and therefore t is not for us to play away too much of that time , which is exacted by more serious concerns . t is sure we shall die in earnest , and it will not become us to live altogether in jest. but besides this stealth of our time , t is apt to steal away mens hearts too , make them so dote upon this kind of entertainment , that it averts them from any thing more serious . i believe i may appeal to some who have made this their business , whether it go not against the hair with them to set to any thing else : and having espoused this as their one excellence , they are willing to decry all others , that they may the more value themselves upon this . by this means it is , that the gift of raillery has in this age , like the lean kine , devoured all the more solid worthy qualifications ; and is counted the most reputable accomplishment . a strange inverted estimate , thus to prefer the little ebullitions of wit , before solid reason and judgment . if they would accommodate their diet at the same rate , they shall eat the husk rather then the kernel , and drink nothing but froth and bubbles . but after all , wisdom is commonly at long running justified even of her despisers ; these great idolaters of wit often dashing themselves upon such rocks , as make them too late wish , their sails had bin less , and their ballast more . for the preventing therefore of more such wracks , i wish the present caution may be more adverted to , not to bestow an unproportionable part of our time or value on this slight exercise of mans slightest faculty . 11. a third caution in this matter , is to confine our selves to present company , not to make absent persons the subject of our mirth . those freedoms we use to a mans face as they are commonly more moderate , so they are more equitable , because we expose our selves to the like from him ; but the back blows are disingenuous , and give suspicion we intend not a fair trial of wit , but a cowardly murder of a mans fame . t was the precept of the philosopher , deride not the absent , and i think it may well be so of the politician : there being nothing more imprudent as to our civil concerns then the contrary liberty . for those things never die in the company they are first vented in ( nay perhaps the hearer is not willing his wit should so soon expire ; ) and when they once take air , they quickly come to the notice of the derided person , and then nothing in the world is more disobliging . t was a sober precept given one , not so much as to laugh in compliance with him that derides another , for you will be hated by him he derides . and if an accessary be hated , sure much more the principal : and i think i may say , there are many can sooner forgive a solemn deep contrivance against them , then one of their jocular reproches : for he that designs seems to acknowledg them considerable , but he that mocks them , seems to think them too low for any thing but contemt : and we learn from aristotle , that the mesure of anger is entirely taken thence ; men being so far provoked , as they imagine they were slighted or affronted . in mere secular wisdom it will therefore become men to consider , whether this trade be like to turn to account , or whethere it be worth the while , at once to make a jest and an enemy . 12. and if it be imprudent to make man our enemy , t is much more to make god so , by levelling our blowes at any thing sacred : but of that i have already had occasion to speak , and shall not repete ; only give me leave to say , that besides the profaner sort of jests , which more immediately reflect on him , he is concern'd in all the unjust reproches of our brethren , our love to them being confirm'd by the same divine sanction with our reverence to him : and sure nothing is more inconsistent with that love , then the exposing them to that contemt we are our selves so impatient of . in a word what repute soever this practice now has of wit , it is very far from wisdom to provoke god that we may also disoblige man : and if we will take the scripture estimate , we shall find a scorne is no such honorable epithet as we seem to account it . solomon do's almost constantly set it in opposition to a wise man : thus it is , prov. 9.8 . and again , chap. 13.1 . and many other places ; and on the other side , closely links it with the fool : and that not only in title , but in punishment too , judgments are prepared for scorners , and stripes for the back of fools , prov. 19.29 . so that if our wits think not solomon too dull for their cabal , we see what a turn he will give to their present verdict . 13. and if these reproches which aim only at ostentation of wit , be so unjustifiable , what shall we say to those , that are drawn with blacker lines , that are founded in malice or envy , or some undermining design ? every man that is to be supplanted , cannot alwaies be attaqued with a down-right battery : perhaps his integrity may be such , that , as 't was said of daniel , chap. 6.4 . they can find no occasion against him : and when they cannot shake the main fort , they must try if they can possess themselves of the out-works , raise some prejudice against his discretion , his humor , his carriage , and his most extrinsic adherents , and if by representing him ridiculous in any of these , they can but abate mens reverence to him , their confidence of him will not long hold out ; bare honesty without some other adornment , being lookt on as a leaf-less tree , no body will trust himself to its shelter . thus the enemies of socrates , when they could no other way suppress his reputation , hired aristophanes a comic poet to personate him on the stage , and by the insinuations of those interludes , insensibly conveied first a contemt , and then a hatred of him into the hearts of the people . but i need not bring instances of former times in this matter , these being sufficiently verst in that mystery . 14. it is not strange that men of such designs , should summon all their wit to the service , make their railleries as picquant as they can , that they may wound the deeper : but methinks 't is but a mean office they assign their wit , to be ( i will not say the pander , that being in this age scarce a title of reproch , but ) the executioner or hangman to their malice . christ bids us be wise as serpents , yet adds withall harmless as doves ; mat. 10.18 . but here the serpent has quite eat up the dove , and puts a vultur in the place , a creature of such sagacity and diligence in pursuit of the prey , that 't is hard for any art or innocence to escape its talons . 15. there is yet another sort of contumelious persons , who indeed are not chargeable with that circumstance , of ill employing their wit , for they use none in it . these are people whose sole talent is pride and scorn ; who perhaps have attained the sciences of dressing themselves finely , and eating well , and upon the strength of those excellences , look fastidiously , and speak disdainfully on any that want them ; concluding if a man fall short of their garniture at the knees and elbowes , he is much inferior to them in the furniture of his head. such people think crying , o ridiculous ! is an ample confutation of any thing can be said ; and so they can but despise enough , are contented not to be able to say why they do so . these are , i confess , the most innocent kind of deriders in respect of others , what they say having not edg enough to cause any smart . the greatest hurt they do is to themselves , who tho they much need , yet are generally little capable of a rescue , and therefore i shall not clog the present discourse with any advise to them : i shall chuse rather to conclude with enforcing my suit to the former , that they would soberly and sadly weigh the account they must one day give of the emploiment of their parts , and the more they have hitherto embeazled them , the more to endeavor to expiate that unthriftiness , by a more careful managery for the future ; that so instead of that vain , emty , vanishing mirth they have courted here , they may find a real , full , and eternal satisfaction in the joy of their lord. sect . viii . of flattery . 1. the last of verbal injuries to our neighbor which i shall mention , is flattery . this is indeed the fatallest wound of the tongue , carries least smart , but infinitly more of danger , and is as much superior to the former , as a gangrene is to a gall or scratch ; this may be sore and vexing , but that stupifying and deadly . flattery is such a mystery , such a riddle of iniquity , that its very softnesses are its cruellest rigors , its balm corrodes , and ( to comprize all in the psalmists excellent description ) its words are smoother then oil , and yet be they very swords , psalm . 56.21 . 1. but besides the mischiefs of it to the patient , 't is the most dishonoring , the most vilifying thing to the agent . i shall not need to empannel a jury either of moralists or divines , every mans own breast sufficiently instructing him in the unworthiness of it . t is indeed a collective accumulative baseness , it being in its element a compound and complex of the most sordid , hateful qualities incident to mankind . i shall instance in three , viz. lying , servility , and trechery , which being detestably deform'd single , must in conjunction make up a loathsom monstrous guilt . now tho flattery has two branches , yet these lie so at the root as equally to influence both : for whether you take it as it is the giving of praise where it is not due , or the professing of kindness which is not real , these properties are still its constitutive parts . 3. and first we may take lying to be the very corner stone of the fabric ; for take it away , and the whole falls to the ground . a parasite would make but a lean trade of it , that should confine himself to truth . for tho t is possible so to order the manner and circumstances , as to flatter even in the representing a mans real vertues to him , yet commonly if they do not falsify as to the kind , they are forc'd to do it as to the degree . besides as there are but few such subjects of flattery , so neither are men of that worth so receptive of it . such sort of addresses are less dangerous to those who have the perspicacity to see thro them : so that these merchants are under a a necessity of dealing with the more ignorant chapmen , and with them their counterfeit wares will go off best . it is indeed strange to consider , with what gross impudent falshoods men of this trade will court their patrons . how many in former ages have not only amass'd together all sublunary excellences , but have even ransacked heaven to supply their flattery , deified their princes , and perswaded them they were gods , who at last found they were to die like men ? and tho this strein be now out-dated , yet perhaps t is not that the vice is grown more modest , but that atheism has rob'd it of that topic . those that believe no god , would rather seem to annihilate then magnify the person to whom they should apply the title . but i do not find that the practice has any other bounds . a great mans vices shall still be called vertues ; his deformities , beauties ; and his most absurd follies , the height of ingenuity . such a subtil alchymist is this parasite , that he turns all he touches into gold , imaginary indeed as to the deluded person , but oft-times real to himself . nor is lying less natural to the other part of flattery , the profession of service and kindness . this needs no evidencing , and to attemt it would be a self-confutation : for if those professions be true , they are not flattery , therefore if they be flattery , they must needs be lies . it will be almost as needless to expatiate on the baseness and meaness of that sin ; for tho there is no subject that affords more matter for declamation , yet lying is a thing that is ashamed of it self , and therefore may well be remitted to its own convictions . t is aristotles observation , that all elements but the earth , had some philosopher or other , that gave it his vote to be the first productive principle of all things : and i think we may now say , that all crimes have had their abettors and fautors , some body that would stand up in their defence ; only lying is so much the dregs and refuse of wickedness , that none has yet had chymistry enough to sublimate it , to bring it into such a reputation , that any man will think fit to own it : the greater wonder that what is under so universal a reproch , should be so commonly admitted in practice . but by this we may make an estimate , what the whole body of flattery is , when in one limb of it we find so much corruption . 4. a second is servility and abjectness of humor : and of this there needs no other proof then has bin already given ; this charge being implicitly involv'd in the former of lying , the condescending to that , being a mark of a disingenuous spirit . and accordingly the nobler heathens lookt on it as the vice of slaves and vassals , below the liberty of a free man , as well as an honest . but tho i need no other evidence to make good the accusation , yet every sycophant furnishes me with many supernumerary proofs . look upon such a one , and you shall see his eies immoveably fixt on his patrons face , watching each look , each glance , and in every change of his countenance ( like a star-gazer ) reading his own destiny , his ears chain'd ( like gally-slaves at the oar ) to his dictate , sucking in the most insipid discourses with as much greediness , as if they were the apothegms of the seven sages , his tongue tuned only to panegyrics and acclamations , his feet in winged motion upon every nod or other signification of his plesure : in a word , his whole body ( as if it had no other animal spirits then what it derived from him ) varies its postures , its exercises , as he finds agreeable to the humor he is to serve . and can humanity contrive to debase it self more ? yes it can , and do's to often , by enslaving its diviner part to , taking up not only opinions , but even crimes also in compliance , playing the incarnate devil , and helping to act those villanies which satan can only suggest : and if this be not a state of abject slavery , sure there is none in the world . plutarch tells us , that philoxenus for despising some dull poetry of dionysius , was by him condemed to dig in the quarries : from whence being by the mediation of friends remanded , at his return dionysius produced some other of his verses , which as soon as philoxenus had heard , he made no reply , but calling to the waiters , said , let them carry me again to the quarries . and if a heathen poet could prefer a corporeal slavery before a mental , what name of reproch is low enough for those , who can submit to both , in pursuit of those poor sordid advantages they project by their flatteries ? nor is this baseness more observable in these mean fawnings and observances , then it is in the protestations of kindness and friendship . love is the greatest gift any man has to bestow , and friendship the sacredest of all moral bonds , and to prostitute these to little pitiful designs , is sure one of the basest cheats we can put upon our common nature , in thus debasing her purest and most current coin , which by these frequent adulterations is become so suspected , that scarce any man knows what he receives . but christian charity is yet worse used in the case : for that obliging to all sincerity , is hereby induced to give gold for dross , exhibite that love indeed , and in truth , which is returned only in word and in tongue , 1 joh. 3.18 . and so it do's in those who observe its rules : but in those who own , yet observe them not , 't is yet a greater sufferer , by laboring under the scandal of all their dissimulations . it was once the character given christians , even by their enemies , behold how they love one another : but god knows we may now be pointed out by a very differing mark , behold how they deceive and delude one another . and sure this violation we herein offer to our religion , do's not allay but aggravate the baseness of this practice : for if in the other we sell our selves , in this we sell our god too , sacrifice our interest in him to get a surreptitious title to the favor of a man. and this i conceive do's in the second place not much commend the art of flattery , which is built up of so vile materials . 5. and to compleat this infamous composition , in the third place trechery comes in ; a crime of so odious a kind , that to name it is to implead it : yet how intrinsic a part this is of flattery , will need no great skill to evidence , daily experience sufficiently doing it . t is a common observation of flatterers , that they are like the heliotrope , open only towards the sun , but shut and contract themselves at night , and in cloudy weather . let the object of their adoration be but eclipsed , they can see none of those excellences which before dazled their eies : and however inconstant they may seem in it to others , they are indeed very constant to themselves , true to their fixt principle , of courting the greatness , not the man ; in pursuit whereof their old idol is often made a sacrifice to their new : all malicious discovery is made of their falling friend , to buy an interest in the rising one . of this there are such crouds of examples in story , that it would be impertinent to single out any , especially in an age that is fitter to furnish presidents for the future , then to borrow of the past-times . but supposing the parasite not actually guilty of this base revolt ( which yet he seldom fails to be upon occasion ) yet is he no less trecherous even in the height of his blandishments ; and while he most courts a man , he do's the most ruinously undermine him . for first he abuses him in his understanding , precludes him from that which wise men have judged the most essential part of learning , the knowledg of himself , from which 't is the main business of the flatterer to divert him . and to this abuse there is another inevitably consequent : for this ignorance of his faults or follies , necessarily condemns him to the continuing in them , it being impossible for him to think of correcting either the one or the other , who is made believe he has neither . this is like the trechery of a bribed officer in a garrison , who will not let the weak parts be fortified , and laies the man as open to assaults as that doth the town . yet this is not all , he do's not only provide for the continuance , but the improving of his crimes and errors , which alas are too prolific of themselves , but being cultivated and manured with perpetual soothings and encouragements , grow immesurably luxuriant . and accordingly we see that men used only to applauses , are so swell'd with them , that their insolences are intolerable . and this they are somtimes taught to their cost , when they happen among free-men , who will not submit to all they say , nor commend all they do . and finding these uneasy contradictions when they come abroad , they are willing to retire to their most complaisant company : and so this sycophant devil having once got them within his circle , may enchant them as he pleases , lead them from one wickedness to another , and as caligula and other voluptuous emperors , by being adored as gods , sunk in their sensuality below the nature of man , so these celebrated persons are by that false veneration animated to all those reprochful practices , which may expose them to a real contemt ; their follies , as well as their vices still get head , till they answer the description the wise man gives of the old giants , who fell away in the strength of their foolishness . ecclus. 16.7 . 6. and sure he that betraies a man to all these mischiefs , may well be thought perfidious . but that which infinitly amplifies and enhances the trechery is , that all this is acted under the notion and disguise of a friend ; a relation so venerable , that methinks t is the nearest secular transcript of the treason , which is storied of those who have administred poison in the eucharist . the name of a friend is such an endearment , as nothing human can equal . all other natural or civil ties take their greatest force from this . what signifies an unfriendly parent , or brother , or wife ? t is friendship only that is the cement which really and effectively combines mankind : and therefore we may observe , that god reckoning up other relations , illustrates them by several notes of endearment , but when he comes to that of friendship , t is the friend who is as thine own soul , deut. 13.6 . nothing below the highest instance was thought expressive enough of that union . what a legion of fiends then possesseth men that can break these chains mat. 5.4 . nay that can hammer and forge those very chains into daggers and stillettoes , and make their friendship an engine of ruine ? this is certainly the blackest color wherein we can view a parasite , his false light makes the shadow the more dismal . as the ape has a peculiar deformity above other brutes by that aukward and ungraceful resemblance he has to a man , so sure a flatterer is infinitely the more hateful for being the ugly counterfeit of a friend . and as this trechery lies at the bottom of the panegyrics , so also do's it of all the caresses and exuberant kindness of a flatterer , which if they aimed not at any particular end of circumvention , must yet in the general be trecherous by being false . a man looks on the love of his friend as one of the richest possessions ( upon which account the philosopher thought friends were to be inventoried as well as goods . ) what a defeat and discomfiture is it to a man when he comes to use this wealth , to find it all false metal , such as will not answer any of those purposes for which he depended on it . there cannot sure be a greater trechery , then first to raise a confidence and then deceive it . but besides this fundamental falseness , there are also many incidental trecheries , which fall in upon occasion of particular designs . a pretence of kindness is the universal stale to all base projects : by this men are rob'd of their fortunes , and women of their honor : in a word all the wolfish designs walk under this sheeps clothing ; and as the world goes , men have more need to beware of those who call themselves friends , then those who own themselves enemies . 7. these are the lineaments of this vice of flattery , which sure do together make up a face of most extreme deformity . i might upon a true account add another , and charge it with folly too . i am sure according to the divine estimate it is alwaies so : and truly it do's not seldom prove so in the secular also . men of this art do somtimes drop their vizard before they have got the prize , and then there is nothing in the world that appears to contemtible , so silly ; a barefaced flatterer being every bodies scorn . the short is , wherever this game is plaied there is alwaies a fool in the case : if the parasite be detected , it falls to his share : if he be not , to his whom he deludes . but at the best t is but subtilty and cunning he can boast of ; and if he can in his own fancy raise that to the opinion of true wisdom , t is a sign he is come round to practice his deceits upon him self , and is as much his own flatterer as he has bin others . 8. and now i know not whether it be more shame or wonder , to see that men can so put off ingenuity , and the native greatness of their kind , as to descend to so base , so ignoble a vice : yet alas we daily see it don , and that not only by the scum and refuse of the people , such as job speaks of , who are viler then the earth , cap. 30.8 . but by persons of all conditions . flattery like a spring forc'd upwards ascends , as cares are by the wise man said to descend , ecclus. 40.4 . from him that weareth a linen frock to him that weareth a crown : all intermedial degrees are but like pipes , which as they suck from below , so transmit it still upwards . there are few so low but find some body to cajole and flatter them . some interest or other may somtimes be to be served even upon the meanest ; and those that find themselves thus solicited for benefits , are easily taught by it how to address to their immediate superiors , from whom they expect greater : and as 't is thus handed from one rank to another , the art still is more subtilized and refined ( god help poor princes the while , who commonly meet with the elixir , and quintessence of this venem : ) and thus it passes thro all states and conditions : as they are passive on the one side , and are flattered by some , so they are active on the other , and flatter others . 9. i say all conditions , i do not say all persons in those conditions , for no truly generous soul can stoop so low : but t is too evident to what a low ebb generosity as well as christianity is grown , by the numbers of those who thus degrade themselves , every little petty interest being thought worth these base submissions . and truly it is hard to find , by what topic of perswasion to assault such men . the meanness , or the sin will scarce be disswasives to those who have reconciled themselves to both : if any thing can be pertinently said to them , it must be upon the score of interest , for that being their grand principle , they can with no pretence disclame the inferences drawn thence . 10. let them therefore duly ballance the advantages they project from this practice with the mischiefs and dangers of it . what they expect is commonly either honor or wealth , these they hope may be acquired by their prostrations to those , who can dispense or procure them . t is true , as honor signifies greatness and power , it is somtimes attain'd by it , but then as it signifies reputation and esteem , 't is as sure to be lost . he that thus ascends , may be lookt on with fear , but never with reverence . now i think t is no good bargain to exchange this second notion of honor for the first : for besides the difference in the intrinsic value , t is to be consider'd how tottering a pinacle unmerited greatness is . he that rais'd him to satisfy his humor at one time , can ( with more ease and equal justice ) throw him down at another : and when such a man do's fall , he falls as without pity , so without remedy , has no foundation on which to rebuild his fortune . his sycophanting arts being detected , that game is not to be plaid the second time : whereas a man of a clear reputation , tho his barque be split , yet he saves his cargo , has something left towards setting up again , and so is in capacity of receiving benefit not only from his own industry , but the friendship of others . a sound piece of timber , if it be not thought fit for one use , yet will be laid by for another : and an honest man will probably at one time or other be thought good for something . 11. as for the other aim , that of wealth , 't is very possible that may somtimes be compassed ; and well it may , the flatterer having several springs to feed it by . for he that has a great patron , has the advantage of his countenance and autority , he has that of his bounty and liberality , and he has another ( somtimes greater then both ) that of his negligence and deceivableness . but yet all these acquisitions are many times like fairy mony , what is brought one night is taken away the next . men of this mold seldom know how to bear prosperity temperately , and it is no new thing to see a privado carry it so high , as to awaken the jealousy of his promoter , which being assisted by the busy industry of those who envy his fortune , t will be easy enough to find some flaw in the gettings , by which to unravel the whole web : an event that has bin oft experimented not only in the private managery of families , but in the most public administrations . and these are such hazards , that laid all together would much recommend to any the moral of horaces fable , and make one chuse the country mouses plain fare and safety , rather then the delicacies of the city with so much danger . this then is the state of the prosperous parasite . but alas how many are there who never arrive to this , but are kickt down ere they have climb'd the two or three first rounds of the ladder , whose designs are so humble , as not to aspire above a major-domo , or some such domestic preferment ( for , in this trade there are adventures of all sizes . ) but upon all these considerations , methinks it appears no very inviting one to any . at the long run an honest freedom of speech will more recommend a man , then all these sneaking flatteries : we have a very wise mans word for it , he that rebuketh a man , afterwards shall find more favor , then he that flattereth with his lips , prov. 28.23 . 12. but after all that hath or can be said , the suppression of flattery will most depend upon those persons to whom it is addrest : if it be not repuls'd there , nothing else will discourage it ; and if it be , 't is crusht in the egg , and can produce no viper . these vulturs prey only on carcasses , on such stupid minds , as have not life and vigor enough to fray them away . let but persons of quality entertain such customers with a severe brow , with some smart expression of dislike , those leeches will immediatly fall off . in sparta when all laws against theft prov'd ineffectual , at last they fixt the penalty on them that were robb'd , and by that did the business : and in the present case , if 't were made as infamous to be flatter'd as 't is to flatter , i believe it might have the like effect . indeed there is pretence enough to make it so : for first as to wit , the advantage is clear on the flatterers side : he must be allowed to have more of that ( which in this age is more then a counterpoise to honesty ; and as for vertue , the balance ( as to the principal motive ) seems to hang pretty even : t is the vice of avarice that temts the one to flatter , and the vice of pride that makes it acceptable to the other . the truth is , there is the bottom of the matter : t is that secret confederate within , that exposes men to those assaults from without . we have generally such an appetite to praise , that we greedily suck in without staying to examine whether it belong to us or no , or whether it be design'd as a kindness or an abuse . other injuries rush upon us with violence , and give us notice of their approch : they may be said to come like water into our bowels ; but this like oil into our bones , ps. 109.18 . penetrates easily , undiscernibly , by help of that native propension we have to receive it . t is therefore the near concern of all , especially of those whose quality most exposes them , to keep a guard upon that trecherous immate , not to let that step into the scale to make a base sycophant out-weigh a true friend . and when ever they are attacqued with extravagant encomiums , let them fortify themselves with this dilemma , either they have those excellences they are praised for , or they have not : if they have not , t is an apparent cheat and gull , and he is of a pitiful forlorn understanding that delights to be fool'd ; but if they have , they are too good to be exposed to such worms who will instantly wither the fairest gourd , john. 4.7 . for as it is said of the grand signior , that no grass growes where his horse once treads : so we may say of the flatterer , no vertue ever prospers where he is admitted : if he find any he hugs it till he stifles it , if he find none , he so indisposes the soil , that no future seeds can ever take root . in fine , he is a mischief beyond the description of any character . o let not men then act this part to themselves by being their own parasites ! and then t will be an easy thing to escape all others . sect . ix . of boasting . 1. we have now seen some effects of an ungovern'd tongue , as they relate to god and our neighbor . there is yet a third sort which reflect upon a mans self . so unboundedly mischievous is that petulant member , that heaven and earth are not wide enough for its range , but it will find work at home too ; and like the viper , that after it had devoured its companions , prei'd upon its self , so it corrodes inward , and becomes as fatal to its owner , as to all the world besides . 2. of this there are as many instances , as there are imprudent things said , for all such have the worst reflection upon the speaker : and therefore all that have given rules for civil life , have in order to it put very severe restraints upon the tongue , that it run not before the judgment . t was the advice of zeno to dip the tongue in the mind before one should permit it to speak . theophrastus used to say , it was safer trusting to an unbridled , horse , then to intemperate speech . and daily experience confirms the aphorism ; for those that set no guard upon their tongues , are hurried by them into a thousand indecences , and very often into real considerable mischiefs . by this means men have proved their own delators , discovered their own most important secrets : and whereas their heart should have kept a lock upon their tongues , they have given their tongue the key of their heart , and the event has bin oft as unhappy as the proceeding was preposterous . there are indeed so many waies for men to lose themselves in their talk , that i should do the like if i should pretend to trace them . besides my subject leads me not to discourse ethically , but christianly of the faults of the tongue , and therefore i have all along considered the one no farther then it happens to be twisted with the other . 3. in the present case i shall insist only upon one fault of the tongue , which partakes of both kinds , and it is at once a vice and a folly , i mean that of boasting and vaunting a mans self : a strain to which some mens tongues have a wonderful glibness . no discourse can be administred , but they will try to turn the tide , and draw it all into their own chanel , by entertaining you with long stories of themselves : or if there be no room for that , they will at least screw in here and there some intimations of what they did or said . yea so stupid a vanity is this , that it works alike upon all materials : not only their greater and more illustrious acts or sentences , but even their most slight and trivial occurrences , by being theirs , they think acquire a considerableness , and are forcibly imposed upon the company ; the very dreams of such people strait commence prophesy , and are as seriously related , as if they were undoubted revelations . and sure if we reflect upon our saviors rule , that out of the abundance of the heart the mouth speaketh , we cannot but think these men are very full of themselves ; and to be so , is but another phrase for being very proud . so t is pride in the heart , which is the spring that feeds this perpetual current at the mouth , and under that notion we are to consider it . 4. and truly there is nothing can render it more infamous , pride being a vice that of all others is the most branded in scripture as most detestable to god , and is signalized by the punishment to be so . this turned lucifer out of heaven , nebuchadnezzar out of his throne , nay out of human society . and indeed it seems still to have somthing of the same effect , nothing rendring a man so inconsiderable ; for it sets him above the meaner sort of company , and makes him intolerable to the better , and to complete the parallel , he seldom comes to know himself till he be turn'd a grazing , be reduced to some extremities . 5. but this boasting arrogant humor , tho alwaies bad , yet is more or less so according to the subject on which it works . if it be only on natural excellences , as beauty , wit ; or accidental acquisitions , as honor , wealth , or the like , yet even here t is not only a theft , but a sacriledg ; the glory of those being due only to the donor , not to the receiver , there being not so much as any predisposition in the subject to determine gods bounty . he could have made the most deformed beggar as handsom and as rich , as those who most pride themselves in their wealth and beauty . no man fancies himself to be his own creator , and tho some have assumed to be the architects of their own fortunes , yet the frequent defeats of mens industry and contrivance , do sufficiently confute that bold pretence , and evince , that there is somthing above them , which can either blast or prosper their attemts . what an invasion then is it of gods right , to ingross the honor of those things being don , which were not at all in their power to do ? and sure the folly is as great in respect of men , as the sin is towards god. this boasting like a heavy nurse , over-laies the child : the vanity of that quite drowns the notice of the things in which t is founded ; and men are not so apt to say , such a man is handsom , wise , or great , as that he is proud upon the fancy of being so . in a word , he that celebrates his own excellences , must be content with his own applauses , for he will get none of others , unless it be from those fawning sycophants , whose praises are worse then bitterest detraction . 6. and yet so sottish a vice is pride , that it can make even those insidious flatteries matter of boast , which is a much more irrational object of it then the former . how eagerly do some men propagate every little encomium their parasites make of them ? with what gust and sensuality will they tell how such a jest of theirs took , or such a magnificence was admired ? t is plesant to see what little arts and dexterities they have to wind in such things into discourse : when alas it amounts to no more then this , that some have thought them fools enough to be flatter'd , and t is odds but the hearers will think them enough so to be laught at . 7. but there is yet another subject of boasting more foolish , and more criminal too then either of the former , and that is when men vaunt of their piety , which if it were true , were yet less owing to themselves then any natural endowment . for tho we do not at all assist towards them , yet do we neither obstruct ; but in the operations of grace t is otherwise ; we have there a principle of opposition , and god never makes us his own till he subdue that : and tho he do it not by an irresistible force , but by such sweet and gentle insinuations , that we are somtimes captivated ere we are aware : yet that do's not impeach his right of conquest , but only shews him the more gracious conqueror . t is true in respect of the event we have great cause of exultance and joy , gods service being the most perfect freedom ; yet in regard of the efficiency , we have as little matter of boast , as the surprized city has in the triumphs of its victor . 8. but secondly either this vaunted piety is not real , and then t is good for nothing , or else by being vaunted becomes so . if it be not real , t is then the superadding hypocrisy to the former sacriledg , an attemt at once to rob god and cheat men , and in the event usually renders them hateful to both ; to god ( who cannot be mocked ) it do's so at the instant , and seldom misses to do so at last to men . an hypocrite has a long part to act , and if his memory fail him but in any one scene , his play is spoiled : so that his hazards are so great , that t is as little prudent as t is honest to set up the trade , especially in an age when piety it self is at so low a price , that its counterfeit cannot pass for much . but if the piety be indeed true , the boasting it blasts it , makes it utterly insignificant . this we are told by christ himself , who assures us that even the most christian actions of praier , almes , and fasting , must expect no other reward ( when boasted ) then the sought-for applause of men . mat. 6. when a man shall make his own tongue the trumpet of his alms , or the echo of his praiers , he carves , or rather snatches his own reward , and must not look god should heap more upon him : the recompence of his pride he may indeed look for from him , but that of his vertue he has forestall'd . in short , piety is like those lamps of old , which maintain'd their light some ages under ground , but as soon as they took air expired . and surely there cannot be a more deplorable folly , then thus to lose a rich jewel , only for the pitiful plesure of shewing it : it s the humor of children and idiots , who must be handling their birds till they fly away , and it ranks us with them in point of discretion , tho not of innocence . 9. from the view of these particulars we may in the gross conclude that this ostentation is a most foolish sin , such as never brought in advantage to any man. there is no vice so undermines it self as this do's : t is glory it seeks , and instead of gaining that , it loses common ordinary estimation . every body that sees a bladder puft up , knows t is but wind that so swells it : and there is no surer argument of a light frothy brain then this bubbling at the mouth . indeed there is nothing renders any man so contemtible , so utterly useless to the world : it excludes him almost from all commerce , makes him uncapable of receiving or doing a benefit . no man will do him a good turn , because he fore-sees he will arrogate it to himself , as the effect of his merit : and none ( that are not in some great exigence ) will receive one from him , as knowing it shall be not only proclamed , but magnified much above the true worth . there seems to be but one purpose for which he serves , and that is to be sport for his company : and that he seldom fails to be , for in these gamesome daies men will not lose such an opportunity of divertisement , and therefore will purposely give him hints , which may put him upon his rhodomontades . i do not speak this by way of encouragement to them , but only to shew these vaporers , to what scorn they expose themselves , and what advantage they give to any that have a mind to abuse them : for they need not be at any pains for it , they do but swim with their stream ; an approving nod or smile serves to drive on the design , and make them display themselves more disadvantagiously , more ridiculously , then the most satyrical character could possibly do . 10. but besides these sportive projects , such a man laies himself open to more dangerous circumventions . he that shews himself so enamour'd of praise , that ( narcissus like ) dotes on his own reflections , is a fit prey for flatterers , and such a carcase will never want those eagles : when his weak part is once discern'd ( as it must soon be when himself publishes it ) he shall quickly be surrounded with assailants . the last section has shewed the misery of a man so besieged , therefore i shall not enlarge on it here , this mention being only intended to evince how apt this vain glorious humor is to betray men to it . 11. these are competent specimens of the folly of this vice : but it has yet a farther aggravation , that it precludes all means of growing wiser . t is solomons assertion , seest thou a man wise in his own conceit ? there is more hope of a fool then of him , prov. 26.12 . and the reason is evident , for he discards the two grand instruments of instruction , admonition and observation . the former he thinks superseded by his own perfections , and therefore when any such friendly office is attemted towards him , he imputes it either to envy , and a desire to eclipse his lustre by finding some spot , or else to ignorance and incapacity of estimating his worth : the one he entertains with indignation , the other with disdainful pity . as for observation , he so circumscribes it within himself , that it can never fetch in any thing from without . reading of men has bin by some thought the most facile and expedite method for acquiring knowledg ; and sure for some kinds of knowledg it is : but then a man must not only read one author , much less the one worst he can pick out for himself . t is an old true saying , he that is his own pupil shall have a fool for his tutor : and truly he that studies only himself , will be like to make but a sorry progress . yet this is the case of arrogant men : they lose all the benefit of conversation , and when they should be enriching their minds with foreign tresure , they are only counting over their own store . instead of adverting to those sober discourses which they hear from others , they are perhaps watching to interrupt them by some pompous story of themselves , or at least in the abundance of their self-sufficiency , think they can say much better things , magisterially obtrude their own notions , and fall a teaching when t is fitter they should learn : and sure to be thus forward to lay out , and take no care to bring in , must needs end in a bunkrupt state . t is true i confess the study of a mans-self is ( rightly taken ) the most useful part of learning , but then it must be such a study as brings him to know himself , which none do so little as these men , who in this are like those silly women the apostle describes , 2 tim. 3.7 . who are ever learning yet never attain . and 't is no wonder , for they begin at the wrong end , make no inquiry into their faults or defects , but fix their contemplation only on their more splendid qualities , with which they are so dazled , that when you bring them to the darker parts of themselves , it fares with them as with those that come newly from gazing on the sun , they can see nothing . 12. and now having dissected this swelling vice , and seen what it is that feeds the tumor , the cure suggests it self . if the disease be founded in pride , the abating that is the most natural and proper remedy : and truly one would think that mere weighing of the foregoing considerations , might prove sufficient allaies to it . yet because where humors are turgent , t is necessary not only to purge them , but also to strengthen the infested parts , i shall adventure to give some few advices by way of fortification and antidote . 13. in the first place , that of the apostle offers it self to my hand , look not every man on his own things , but every man also on the things of others . phil. 2.4 . a counsel which in a distorted sense seems to be too much practiced . we are apt to apply it to worldly advantages , and in that notion not to look on our own things with thankfulness , but on other mens with envy . we apply it also to errors and sins , and look not on our own to correct and reform , but on others to despise and censure . let us at last take it in the genuine sense , and not look on our own excellencies , but those of others . we see in all things how desuetude do's contract and narrow our faculties , so that we can apprehend only those things wherein we are conversant . the droiling pesant scarce thinks there is any world beyond his own village , or the neighboring markets , nor any gaity beyond that of a wake or morrice ; and men who are accustom'd only to the admiration of themselves , think there is nothing beside them worthy of regard . the unbred minds must be a little sent abroad , made acquainted with those excellencies which god has bestowed on other men , and then they will not think themselves like gideons fleece to have suckt up all the dew of heaven : nay perhaps , they may find they rather answer the other part of the miracle ; and are drier then their neighbors . let them therefore put themselves in this course , observe diligently all the good that is visible in other men : and when they find themselves mounting into their altitudes , let them clog their wings with the remembrance of those who have out-soar'd them , not in vain opinion , but in true worth . t is nothing but the fancy of singularity that puffs us up to breath , to walk , to hear , to see , are excellent powers , yet no body is proud of them , because they are common to the whole kind : and therefore if we would observe the great number of those that equal , or exceed us , even in the more appropriate endowments , we should not put so excessive a price upon our selves . 14. secondly if we will needs be reflecting upon our selves , let us do it more ingenuously , more equally : let us take a true survey , and observe as well the barren as the fertil part of the soil : and if this were don , many mens value would be much short of what they are willing to suppose it . did we but compare our crop of weeds and nettles , with that of our corn , we must either think our ground is poor , or our selves very ill husbands . when therefore the recollection of either real or fancied worth begins to make us aëry , let us condense again by the remembrance of our sins and folly : t is the only possible service they can do us , and considering how dear they are to cost us , we had not need lose this one accidental advantage . in this sense satan may cast out satan , our vilest guilts help to eject our pride ; and did we well manage this one stratagem against him , 't would give us more cause of triumph , then most of those things for which we so spread our plumes : i do not say we should contract new guilts to make us humble , god knows we need not , we have all of us enough of the old stock if we would but thus employ them . 15. in the last place i should advise those who are apt to talk big things of themselves , to turn into some other road of discourse : for if they are their own theme , their tongues will as naturally turn into eulogies , as a horse do's into that inn to which he is customed . all habits do require some little excess of the contrary to their cure : for we have not so just a scantling of our selves , as to know to a grain what will level the scales , and place us in the right mediocrity . let men therefore that have this infirmity , shun ( as far as prudence and interest permits ) all discourse of themselves , till they can sever it from that unhappy appendage . they will not be at all the less acceptable company , it being generally thought none of the best parts of breeding , to talk much of ones self : for tho it be don so as not to argue pride , yet it do's ignorance of more worthy subjects . 16. i should here conclude this section , but that there is another sort of vaunting talk , which was not well reducible to any of the former heads , the subject matter being vastly distant : for in those the boasting was founded in some either real or supposed worth , but in this in baseness and villany . there are a generation of men , who have removed all the land-marks which their fathers ( nay even the father of spirits ) have set , reverst the common notions of humanity , and call evil good , and good evil , and those things which a moderate impudence would blush to be surprized in , they not only proclame but boast of , blow the trumpet as much before their crimes , as others before their good deeds . nay so much do they affect this inverted sort of hypocrisy , that they own more wickedness then they act , assume to have made practical the highest speculations of villany , and like the devils knights errant , pretend to those romantic atchievements , which the veriest fiend incarnate could never compass . these are such prodigies , such monsters of villany , that tho they are the objects of grief and wonder , they are not of counsel . men who thus rave , we may conclude their brains are turned , and one may as well read lectures at bedlam as treat with such . yet we know that there sharp corrections recover crazed men to sobriety ; and then their cure lies only in the hand of civil justice : if that would take them at their words , receive their brags as confessions , and punish them accordingly , it may be a little real smart would correct this mad itch , and and teach them not to glory in their shame , phil. 3.19 . in the mean time let others who are not ●et arrived to this height , consider betimes , that all indulgent practice of sin is the direct road to it , and according to the degrees of that indulgence , they make more or less hast . he that constantly and habitually indulges , rides upon the spur , and will quickly overtake his leaders . nay if it be but this once vice of vanity , it may finally bring him to their state . he that loves to brag , will scarce find exercise enough for that faculty in his vertues , and therefore may at last be temted to take in his vices also . but that which is more seriously considerable is , that pride is so provoking to almighty god , that it often causes him to withdraw his grace , which is a donative he has promised only to the humble , jam. 4.6 . and indeed when we turn that grace into wantonness , as the proud man do's who is pamper'd by it into high conceits of himself , t is not probable god will any longer prostitute his favors to such abuse . the apostle observes it of the gentiles , who had in contradiction of their natural light abandon'd themselves to vile idolatries , that god after gave them up to a reprobate mind and vile aff●ctions ▪ rom. 1.25 26. but the proud now stifle a much clearer light , and give up themselves to as base an idolatry , the adoration of themselves . and therefore t is but equal to expect god should desert them , and ( as some nations have de●fied their diseases ) permit them to celebrate even their fowlest enormities . the application of all i shall sum up in the words of the apostle , rom. 11.21 . take heed also that he spare not thee . sect . x. of querulousness . 1. to this of boasting may not unfitly be subjoin'd another inordinancy of the tongue , viz. murmuring and complaining . for tho these faults seem to differ as much in their complexions , as sanguine do's from melancholy , yet there is nothing more frequent then to see them united in the same person . nor is this a conjunction of a later date , but is as old as st. j●de's daies , who observe ●hat the murmurers and complainers are the very same with those who speak great swelling words , jude 16. 2. nor are we to wonder to find them thus conjoined , if we consider what an original cognation and kindred they have , they being ( however they seem divided ) streams issuing from the same fountain . for the very same pride which promts a man to vaunt and over-value what he is , do's as forcibly incline him to contemn and disvalue what he has ; whilst mesuring his enjoiments by that vast idea he has form'd of himself , 't is impossible but he must think them below him . 3. this indeed is the true original of those perpetual complainings we hear from all sorts and conditions of men . for let us pass thro all degrees , all ages , we shall rarely find a single person , much less any number of men , exemt from this querulous , this sullen humor : as if that breath of life wherewith god originally inspired us , had bin given us not to magnify his bounty , but to accuse his illiberality , and like the dismaller sort of instruments , could be tuned to no other streins but those of mourning and lamentation . every man contributes his note to this doleful harmony , and after all that god has don to oblige and delight mankind , scarce any man is satisfied enough , i will not say to be thankful , but to be patient . for alas what tragical complaints do men make of their infelicity , when perhaps their prosperity is as much the envious out-cry of others ? every little defeat of a design , of an appetite , every little dis-regard from those above them , or less solemn observance from those below them , makes their heart hot within them , psal. 39.3 . and the tongue ( that combustible part ) quickly takes fire and breaks out into extravagant exclamations . it is indeed strange to see how weighty every the trivialliest thing is when a passion is cast into the scale with it , how every the slightest inconvenience or petty want preponderates hundreds of great substantial blessings : when indeed were it in an instance never so considerable , it could be no just counterpoise . yet so closely is this corruption interwoven with our constitution , that it has somtimes prevail'd even upon good men . jacob tho he had twelve sons , yet upon the supposed death of one de●pis'd the comforts of all the rest , and with an obstinate sorrow resolves to go mourning to his grave , gen. 35.37 . david after that signal victory which had preserv'd his life , reinstated him in his throne , and restor'd him to the ark and sanctuary , yet suffer'd the loss of his rebellious son , who was the author of his danger , to overwhelm the sense of his deliverance , and instead of hymns and praises , breaks out into ejulations and effeminate wailings , 2 sam. 18.33 . 4. but god knows the most of our complaints cannot pretend to such considerable motives : they are not the bowels of a father , the impresses of nature that excite our repinings , but the impulses of our lusts and inordinate appetites . our discontents are usually such as ahab's for his neighbors vineyard , haman's for mordecai's obeisance , achitophel's for having his counsel rejected . every disappointment of our avarice , ambition , and pride , fill's our heart with bitterness and our mouths with clamors . for if we should examine the numerous complaints which sound in every corner , it would doubtless be found that the greatest part of them have some such original : and that , whether the pretended grievances be public or private . for the first : many a man is a state male-content , merely because he sees another advanced to that honor or wealth which he thinks he has better deserv'd . he is alwaies inveighing against such unequal distributions , where the best services ( such you may be sure his own are ) are the worst rewarded : nor do's he ever cease to predict public ruines , till his private are repared . but as soon as that is don , his augury grows more mild : and as if the estate and he were like hippocrates's twins , his recruites give new vigor to that , and till his next suit is denied , every thing is well administred . so full alas men are of themselves , that t is hard to find any the most splendid pretence which has not somthing of that at the bottom : and would every man ransack his own heart , and resolve not to cast a stone till he had first cleer'd it of all sinister respects , perhaps the number of our complainers would be much abated . 5. nor is it otherwise in private discontents . men are apt to think themselves ill used by any man who will not serve their interest or their humor , nay somtimes their vices ; and are prone in all companies to arraign such an unpliant person , as if he were an enemy to mankind , because he is not a slave to their will. nay many have quarrel'd even with their dearest friends , because they would not assist them to their own ruine , or have striven to divert them from it : so forcible are our propensions to mutiny , that we equally take occasions from benefits or injuries . 6. but the highest and most unhappy instance of all is our behavior towards god , whose allotments we dispute with the same or rather greater boldness then we do those of men . what else mean those impatient murmurs at those things which are the immediat issues of his providence ? such are our native blemishes , diseases , death of friends , and the like . nay what indeed are our displesures even at those things which we pretend to fasten upon a second cause ? for those being all under this subordination of the first , cannot move but by its permission . this holy job well discern'd , and therefore do's not indite the chaldeans or sabeans for his plunder , but knowing they were but instruments , he submissly acknowledges , that there was a higher agent in his loss , the lord hath taken away , job . 1.28 . when therfore we ravingly execrate the rapine of one man , the deceit of another for our impoverishment , when we angrily charge our defamation on the malice of our maligners , our disappointments on the treachery or negligence of our friends , we do interpretatively conclude either that there is no over-ruling providence which could have restrained those events , or else ( which is equally horrid ) we accuse it as not having don well in permitting them . so that against whomsoever we direct our clamors , their last rebound is against heaven : this querulous humor carrying alwaies an implicite repugnance to gods disposals : but where it is indulged to , it usually is its own expositor , and explicitely avows it , charges god foolishly , and by impious murmurs blasphemes that power which it cannot resist . indeed the progress is very natural for our impatiences at man to swell into mutinies against god : for when the mind is once imbiter'd , it distinguishes not of objects , but indifferently le ts fly its venem . he that frets himself , the prophet tells us , will curse his king , nay his god , isa. 8.21 . and he that quarrels at gods distributions , is in the direct road to defie his being . 7. by this we may estimate the danger of our discontents , which tho at first they are introduced by the inordinate love of our selves , yet are very apt to terminate in hatred and blasphemies against god. he therefore that would secure himself from the highest degree , must watch against the lowest ; as he that would prevent a total inundation , must avert the smallest breach in his banks . not but that even the first beginnings are in themselves well worth our guarding : for abstracting from all the danger of this enormous increase , these murmurings ( like a mortiferous herb ) are poisonous even in their first spring , before they arrive to their full maturity . to be alwaies moralizing the fable of prometheus upon one's self , playing the vultur upon one's own entrails , is no desirable thing , tho we were accountable to none but our selves for it : to dip our tongues in gall , to have nothing in our mouth but the extract , and exhalation of our inward bitterness , is sure no great sensuality . so that did we consult only our own ease , we might from that single topic draw arguments enough against our mutinies . 8. but besides our duty and ease , our credit and reputation make their plea also . fortitude is one of the noblest of moral vertues , and has the luck to appear considerable even to those who despise all the rest . now one of the most proper and eminent acts of that is , the bearing adverse events with an evenness of temper . this passive valour is as much the mark of a great mind as the active , nay perhaps more , the later being often owing to the animal , this to the rational part of man. and sure we must strangely have corrupted the principles of morality as well as religion , if every turbulent unruly spirit , that fills the world with blood and rapine , shall have his ferity called gallantry ; yet that sober courage , that maintains it self against all the shocks of fortune , that keeps its post in spight of the rudest encounters , shall not be allowed at least as good a name . and then on the contrary we may conclude , that to sink under every cross accident , to be still whining and complaining , crying out upon every touch , is a note of a mean degenerous soul , below the dionity of our reasonable nature . for certainly god never gave us reason for so unkind a purpose , as only to quicken and inhance the resentment of our sufferings , but rather to controle those disorders , which the more tumultuous part of us , our senses , are apt to raise in us : and we are so far men and no farther , as we use it to that end . therefore if the dictates of religion cannot restrain our murmurs , if we are not christians enough to submit to the divine precepts of meekness and acquiescence : yet let us at least keep within these bounds which ingenuous nature has set us , and not by our manly impatiencies enter common with brutes and animals . 9. nay i may farther add , if neither for gods nor our own sakes , yet for others , for humane society sake , this querulous inclination should be supprest ; there being nothing that renders a man more unplesant , more uneasy company . for ( besides that 't is very apt to vent it self upon those with whom he converses , rendring him capricious and exceptious ; and t is a harsh , a grating sound to hear a man alwaies in the complaining key ) no man would willingly dwell within the noise of shreeks and groans ; and the exclamations of the discontented differ from those only by being more articulate . it is a very unwelcome importunity , to entertain a mans company with remonstrances of his own infelicites and misadventures ; and he that will relate all his grievances to others , will quickly make himself one to them . for tho he that is full of the inward sense of them , thinks it rather an ease then oppression to speak them out , yet the case is far otherwise with his auditors : they are perhaps as much taken up with themselves ; as he is , and as little at leisure to consider his concerns , as he theirs . alas we are not now in those primitive daies , when there was as it were one common sense among christians , when if one member suffer'd , all the members suffer'd with it , 1 cor. 12.26 . that charity which gave that sympathetic motion to the whole , is now it self benum'd , flows rarely beyond the narrow compass of our personal interest ; and therefore we cannot expect that men should be very patient of our complaints who are not concern'd in the causes of them . the priests answer to judas do's speak the sense of most men in the case , what is that to us ? see thou to that , mat. 27.4 . i do not deny but that the discharging ones griefs into the bosome of a true friend , is both innocent and prudent : nay indeed he that has such a tresure , is unkind to himself if he use it not . but that which i would disswade , is the promiscuous use of this liberty in common conversation , the satisfying our spleen , when we cannot ease our hearts by it , the loud declamings at our misery , which is seldom sever'd from as severe reflections on those whom we suppose the causes of it ; by which nothing can be acquired but the opinion of our impatience , or perhaps some new grievance from some , who think themselves concern'd to vindicate those whom we asperse . in a word 't is as indecent as it is unacceptable , and we may observe all men are willing to slink out of such company , the sober for the hazards , and the jovial for the unplesantness . so that the murmurer seems to be turn'd off to the company of those doleful creatures which the prophet mentions , which were to inhabit the ruines of babylon , 13.21 . for he is ill conversation to all men , tho the worst of all to himself . 10. and now upon the force of all these considerations , i may reasonably impress the wise mans counsel , therefore beware of murmuring , wisd. 1.11 . and indeed it is not the precept of the wise man alone , but of all who have made any just pretence to that title . for when we consider those excellent lectures of contentation and acquiescence , wherewith the writings of philosophers abound , 't is hard to say whether they speak more of instruction or reproch to us . when their confused notions of a deity had given them such impressions of his wisdom and goodness , that they would not pretend to make any elections for themselves : how do's it shame our more explicite knowledg , who dare not depend on him in the smallest instance ? who will not take his disposals for good , unless our senses become his sureties ? which amounts but to that degree of credit , which the most faithless man may expect from us , the trusting him as far as we see him . this is such a contumely to him , as the ethnic world durst not offer him , and is the peculiar insolence of us degenerated christians , who sure cannot be thought in earnest when we talk of singing hallelujahs in the next world to him , whilst we entertain him here only with the sullen noise of murmurs and repinings . for we are not to think that heaven will metamorphose us on a sudden , and turn our exclamations and wild clamors into lauds and magnificats . it do's indeed perfect and crown those graces which were here inchoate and begun , but no mans conversion ever succeeded his being there : for christ has expresly told us , that except we be converted , we shall not enter into the kingdom of heaven , if we go hence in our froward discontents , they will associate us with those , with whom is weeping and wailing and gnashing of teeth . sect . xi . of positiveness . 1. another very unhandsom circumstance in discourse is the being over confident and peremtory , a thing which do's very much unfit men for conversation , it being lookt on as the common birth-right of mankind , that every man is to opine according to the dictates of his own understanding , not anothers . now this peremtoriness is of two sorts , the one a magisterialness in matters of opinion and speculation , the other a positiveness in relating matters of fact : in the one we impose upon mens understandings , in the other on their faith . 2. for the first , he must be much a stranger in the world who has not met with it : there being a generation of men , who as the prophet speaks , are wise in their own eies , and prudent in their own sight , isa. 5.21 . nay not only so , but who make themselves the standards of wisdom , to which all are bound to conform , and whoever weighs not in their balance , be his reasons never do weighty , they write tekel upon them . this is one of the most oppressive monopolies imaginable : all others can concern only somthing without us , but this fastens upon our nature , yea and the better part of it too , our reason ; and if it meet with those who have any considerable share of that within them , they will often be temted to rally it , and not too tamely resign this native liberty . reason submits only to reason , and he that assaults it with bare autority ( that which is divine alwaies excepted ) may as well cut flame with his sword , or harden wax in the sun . 3. t is true indeed these great dictators do somtimes run down the company , and carry their hypothesis without contest : but of this there may be divers reasons besides the weight of their arguments . some unspeculative men may not have the skill to examine their assertions , and therefore an assent is their safest course ; others may be lazy and not think it worth their pains ; a third sort may be modest and awed by a severe brow and an imperious nod : and perhaps the wiser may providently fore-see the impossibility of convincing one who thinks himself not subject to error . upon these or other like grounds t is very possible all may be silenced when never a one is convinced : so that these great masters may often make very false estimates of their conquests , and sacrifice to their own nets , heb. 1.16 . when they have taken nothing . 4. nay indeed this insolent way of proposing is so far from propagating their notions , that it gives prejudice against them . they are the gentle insinuations which pierce , ( as oil is the most penetrating of all liquors ; ) but in these magisterial documents men think themselves attackt , and stand upon their guard , and reckon they must part with honor together with their opinion , if they suffer themselves to be hector'd out of it . besides , this imposing humor is so unaimable , that it gives an aversion to the person ; and we know how forcible personal prejudices are ( tho t is true they should not be ) towards the biassing of opinions . nay indeed men of this temper do cut themselves off from the opportunities of proselyting others , by averting them from their company . freedom is the endearing thing in society , and where that is control'd , men are not very fond of associating themselves . t is natural to us to be uneasy in the presence of those who assume an authority over us . children care not for the company of their parents or tutors , and men will care less for theirs , who would make them children by usurping a tutorage . 5. all these inconveniencies are evidently consequent to this dogmatizing , supposing men be never so much in the right : but if they happen to be in the wrong , what a ridiculous pageantry is it , to see such a philosophical gravity set to man out solecism ? a concluding face put upon no concluding argument , is the most contemtible sort of folly in the world . they do by this sound a trumpet to their own defeat : and whereas a modest mistake might slip by undiscern'd , these rodomontade errors force themselves upon mens observation , and make it as impossible for men not to see , as it is not to despise them when they do . for indeed pride is as ill linkt with error , as we usually say it is with beggery , and in this as well as that , converts pity into contemt . 6. and then it would be considered , what security any man that will be imposing has , that this will not be his case . human nature is very fallible , and as it is possible a man may err in a great many things , so t is certain every man do's in somthing or other . now who knows at the instant he is so positive , but this may be his erring turn ? alas how frequently are we mistaken even in common ordinary things ! for as the wise man speaks , hardly do we judg aright even in things that are before us , wisd. 9.16 . our very senses do sometimes delude us . how then may we wander in things of abstruse speculations ? the consideration of this hath with some so prevail'd , that it has produc'd a sect of scepticism , and tho i press it not for that purpose , yet sure it may reasonably be urged to introduce some modesty and calmness in our assertions . for when we have no other certainty of our being in the right , but our own perswasions that we are so : this may often be but making one error the gage for another . for god knows confidence is so far from a certain mark of truth , that 't is often the seducer into falshood , none being so apt to lose their way as those who , out of an ungrouded persumtion of knowing it , despise all direction from others . 7. let all this be weighed , and the result will be , that this peremtoriness is a thing that can befit no form of understanding . it renders wise men disobliging and troublesom , and fools ridiculous and contemtible . it casts a prejudice upon the most solid reasoning , and it renders the lighter more notoriously despicable . t is pity good parts should be leven'd by it , made a snare to the owners , and useless to others . and 't is pity too that weak parts should by it be condemn'd to be alwaies so , by despising those aids which should improve them . since therefore 't is so ill calculated for every meridian , would god all climes might be purged from it . 8. and as there are weighty objections against it in respect of its effects , so there are no inconsiderable prejudices in relation to its causes , of which we may reckon pride to be the most certain and universal : for whatever else casually occurs to it , this is the fundamental constitutive principle ; nothing but a great overweening of a mans own understanding being able to instate him in that imaginary empire over other mens . for here sure we may ask the apostles question , who made thee to differ from another ? when god has made rationality the common portion of mankind , how came it to be thy inclosure ? or what signature has he set upon thine , what mark of excellency , that thine should be paramount ? doubtless if thou fanciest thou hast that part of jacobs blessing , to be lord of thy brethren , and that all thy mothers sons should bow down to thee , gen. 27.29 . thou hast got it more surreptiously then he did , and with less effect : for tho isaac could not retract his mistaken benediction , god will never ratify that fantastic , thou hast pronounced to thy self , with his real effective one . 9. but there happens many times to be another ingredient besides pride , and that is ignorance : for those qualities however they may seem at war , do often very closely combine . he who has narrow notions , that knows but a few things , and has no glimpse of any beyond him , thinks there are no such : and therefore as if he had ( like alexander ) no want but that of worlds to conquer , he thinks himself the absolute monarch of all knowledg . and this is of all others the most unhappy composition : for ignorance being of its self like stiff clay , an infertile soil , when pride comes to scorch and harden it , it grows perfectly impenetrable : and accordingly we see none are so inconvincible as your half-witted people , who know just enough to excite their pride , but not so much as to cure their ignorance . 10. there remains yet a 2d kind of peremtoriness which i am to speak to , and that is of those who can make no relation without an attestation of its certainty : a sort of hospitable people , who entertain all the idle vagrant reports , and send them out with passports and testimonials , who when they have once adopted a story , will have it pass for legitimate how spurious soever it originally was . these somwhat resemble those hospitals in italy , where all bastards are sure of reception , and such a provision as may enable them to subsist in the world : and were it not for such men , many a fatherless he would be stifled in its birth . it is indeed strange to see , how suddenly loose rumors knit into formal stories , and from thence grow to certainties ; but ' its stranger to see that men can be of such profligated impudence , as knowingly to give them that advance . and yet t is no rarity to meet with such men who will pawn their honor , their souls , for that unworthy purpose : nay and that too with as much impertinence as baseness , when no interest of their own , or perhaps any mans else is to be served by it . 10. this is so prodigious a thing , as seems to excite ones curiosity to inquire the cause of so wonderful an effect . and here , as in other unnatural productions , there are several concurrents . if we trace it from its original , its first element seems to be idleness : this diverting a man from serious useful entertainments , forces him upon ( the usual refuge of vacant persons ) the inquiring after news ; which when he has got , the venting of it is his next business . if he be of a credulous nature , and believe it himself , he do's the more innocently impose it on others : yet then to secure himself from the imputation of levity and too easy faith , he is often temted to lend some probable circumstance . nay if he be of a proud humor , and have that miserable vanity of loving to speak big , and to be thought a man of greater correspondence and intelligence then his neighbors , he will not bate an ace of absolute certainty ; but however doubtful or improbable the thing is , coming from him it must go for an indisputable truth . this seems to be the descent of this unhappy folly , which yet is often nurst up by a mean or imprudent education . a man that hath converst only with that lower sort of company , who durst not dispute his veracity , thinks the same false coin will pass over the world , which went currant among his fathers servants or tenants : and therefore we may observe that this is more usual in young men , who have come raw into company with good fortunes and ill breeding . but it is too true also that too many never lose the habit , but are as morosely positive in their age , as they were childishly so in their youths . indeed t is impossible they should be otherwise , unless they have the wit to disentangle themselves first from the love of flattery , and after from the company of flatterers : for ( as i have before observ'd ) no vice will ever wither under their shade . i think i shall do the reader no ill office to let in a litle light upon them , and shew him some of those many mischiefs that attend this unworthy practice . 12. first , it engages a man to oaths , and for ought he knows to perjuries . when he has lancht out boldy into an incredible relation , he thinks he has put his credit upon the forelorn hope , and must take care to relieve it : and there is no succor so constantly ready at hand as that of oaths and imprecations , and therefore whole vollies of them are discharged upon the doubtful . thus do we make god a witness , and our souls parties in the cause of every trifling rumor , as if we had model'd our divinity by the scheme of that jesuitical casuist , who legitimates the killing of a man for an apple . 13. a second mischief is , that it betraies man to quarrels . he that is peremtory in his own story , may meet with another that is as peremtory in the contradiction of it , and then the two sr. positives must have a skirmish indeed . he that has attested the truth of a false , or the certainty of a doubtful thing , has brought himself into the same strait with baalams ass , he must either fall down flat , or run upon a sword , num. 22.27 . for if his hearers do but express a diffidence , either he must sink to a downright confession that he was a liar : or else he must huff and bluster till perhaps he raise a counter-storm , and as he fool'd himself out of his truth , so be beaten out of his pretence to it . indeed there is scarce any quality that do's so temt and invite affronts as this do's : for he that can descend to such a meanness , may reasonably enough be presumed to have little ( as of true worth , so ) even of that which the world calls gallantry , and so every puny sword-man will think him a good tame quarry to enter and flesh himself upon . 14. in the third place it exposes him to all the contemt and scorn which either good or ill men can fling upon him : the good abominate the sin , the ill triumph over the folly of it . the truth is there can be nothing more wretchedly mean. to be kinght of the post to every fabu●ous relation , is such a sordid thing , that there can scarce be any name of reproch too vile for it . and certainly he that can pawn his faith upon such miserable terms , will by those frequent mortgages quickly be snapt upon a forfeiture ; or however will have his credit so impar'd by it , that no man will think his word a competent gage for the slightest concern . 15. and this may pass for a fourth consideraton , that this positiveness is so far from gaining credit to his present affirmation , that it destroies it for the future : for he that sees a man make no difference in the confidence of his asserting realities and fictions , can never take his mesures by any thing he avers , but according to the common proverb , will be in danger of disbelieving him even when he speaks truth . and of this no man can want conviction , who will but consult his own observation . for what an allay do we find it to the credit of the most probable event , that it is reported by one who uses to stretch ? this unhappily do such men defeat their own designs : for while they aver stoutly that they may be believed , that very thing makes them doubted , the world being not now to learn how frequently confidence is made a supplement for truth . nor let any man who uses this , flatter himself that he alone do's ( like jobs messenger ) escape the common fate : for tho perhaps he meet with some who in civility or pity will not dispute the probability of his narrations , or with others who for raillery will not discourage the humor , with which they mean ( in his absence ) to divert themselves , yet he may rest assur'd he is discern'd by all , and derided for it . 16. it therefore concerns men who either regard their truth , or their reputation , not to indulge to this humor , which is the most silly way of shipwracking both . for he that will lay those to stake upon every flying story , may as well wager his estate which way the wind will sit next morning , there being nothing less to be confided in , then the breath of fame , or the whispers of private tale-bearers . wise men are afraid to report improbable truths : what a fool-hardiness is it then to attest improbable falsities , as it often is the luck of these positive men to do ? 17. certainly there is nothing which they design by this , which may not be obtain'd more effectually by a modest and unconcern'd relation . he that barely relates what he has heard , and leaves the hearer to judg of the probability , do's as much ( i am sure more civilly ) entertain the company , as he that throws down his gauntlet in attestation . he as much satisfies the itch of telling news ; he as much perswades his hearers : nay very much more ; for these over earnest asseverations serve but to give men suspicion that the speaker is conscious of his own falseness : and all this while he has his retreat secure , and stands not responsible for the truth of his relations . nay indeed tho men speak never so known and certain truths , t is most advisable not to press them too importunately . for boldness , like the bravoes and banditti , is seldom emploied but upon desperate services , and is so known a pander for lying , that truth is but defam'd by its attendance . 18. to conclude , modesty is so amiable , so insinuating a thing , that all the rules of oratory cannot help men to a more agreeable ornament of discourse . and if they will try it in both the foregoing instances , they will undoubtedly find the effects of it : a modest proposal will soonest captivate mens reasons , and a modest relation their belief . sect . x. of obscene talk. 1. there is another vice of the tongue which i cannot but mention , tho i knew not in which of the former classes to place it : not that it comes under none , but that 't is so common to all , that 't is not easy to resolve to which peculiarly to assign it , i mean obscene and immodest talk , which is offensive to the purity of god , dammageable and infectious to the innocence of our neighbors , and most pernicious to our selves : and yet is now grown a thing so common , that one would think we were fallen into an age of metamorphosis , and that the brutes did , not only poetically and in fiction , but really speak . for the talk of many is so bestial , that it seems to be but the conceptions of the more libidinous animals clothed in human language . 2. and yet even this must pass for ingenuity , and this vile descent below humanity , must be counted among the highest streins of wit. a wretched debasement of that sprightful faculty , thus to be made the interpreter to a goat or boar : for doubtless had those creatures but the organs of speech , their fancies lie enough that way to make them as good company , as those who more studiously apply themselves to this sort of entertainment . 3. the crime is comprehensive enough to afford abundance of matter for the most satyrical zeal : but i consider the dissecting of putrid bodies may cast such pestilential fumes , as all the benefits of the scrutiny will not recompence . i shall therefore in respect to the reader dismiss this noisom subject , and thereby give an example with what abhorrence he should alwaies reject such kind of discourse , remembring the advice of st. paul , that all uncleanness should not be once named among those who would walk as becometh saints , eph. 5.3 . the close . 1. i have now touched upon those enormities of speech which i principally design'd to observe , wherein i have bin far from making a full and exact catalogue : therefore i would have no man take this little tract for a just criterion , by which to try himself in reference to his words . yet god grant that all that read it , may be able to approve themselves even by this imperfect essay , and he that do's so , makes fair approches towards being that perfect man st. james speaks of , chap. 3.1 . these being such faults of the tongue as are the harder to avoid , because they are every day exemplified to us in common practice ( nay some of them recommended as reputable and ingenuous . ) and it is a strange insinuative power which example and custom have upon us . we see it in every trivial secular instance , in our very habit : those dresses which we laught at in our fore-fathers wardrobes or pictures , when by the circulation of time and vanity they are brought about , we think very becoming . t is the same in our diet : our very palates conform to the fashion , and every thing grows amiable to our fancies , according as t is more or less received in the world . and upon this account all sobriety and strict vertue lies now under a heavy prejudice , and no part of it more , then this of the tongue , which custom has now enfranchized from all the bonds moralists or divines had laid upon it . 2. but the greater the difficulties are , the more it ought to awake our diligence : if we lie loose and carelesly , t is odds we shall be carried away with the stream . we had need therefore fix our selves , and by a sober recollection of the ends for which our speech was given us , and the account we must one day give of it , impress upon our selves the baseness and the danger of misemploying it . yet a negative innocence will not serve our turns , t will but put us in the condition of him , who wrapt up the talent he was commanded to employ , mat. 25.25 . nay indeed t will be impossible to preserve even that if we aspire no farther . the tongue is a busie active part , t will scarce be kept from motion : and therefore if that activity be not determin'd to good objects , t will be practicing upon bad . and indeed i believe a great part of its licentiousness is owing to this very thing . there are so few good themes of discourse in use , that many are driven to the ill for want of better . learning is thought pedantic , agriculture peasant-like , and religion the most insufferable of all : so by excluding all useful subjects of converse , we come together ( as st. paul in another case saies ) not for the better but for the worse , 1. cor. 11.17 . and if the philosopher thought he had lost that day wherein he had not learnt somthing worthy his notice , how many daies do we worse then lose , by having them not only emty of solid useful acquisitions , but full of noxious and pernicious ones ? and indeed if they be the one , they will not miss to be the other also : for the mind is like the stomac , which if it be not supplied with wholesome nurishment , will at last suck in those humors with which the body most abounds . so that if in our converse we do not interchange sober usefull notions , we shall at the best but traffique toies and baubles , and most commonly infection and poison . he therefore that would keep his tongue from betraying himself or others to sin , must tune it to a quite contrary key , make it an instrument , and incentive to vertue , by which he shall not only secure the negative part of his duty , but comply with the positive also , in employing it to those uses for which it was given him . 3. it would be too vast an undertaking to prescribe the particular subjects of such discourse , nay indeed impossible , because many of them are occasional , such as cannot aforehand be reduced to any certain account . this only in the general we may rest upon , that all speech tending to the glory of god or the good of man , is aright directed . which is not to be understood so restrictively , as if nothing but divinity or the necessary concerns of human life , may lawfully be brought into discourse : somthing is to be indulged to common civility , more to the intimaces and endearments of friendship , and a competency to those recreative discourses which maintain the cherefulness of society ; all which are , if moderatly used , within the latitude of the rule , as tending ( tho in a lower degree ) to the well-being of men , and by consequent to the honor of god , who indulges us those innocent refreshments . but if the subordinate uses come to encroch upon the higher , if we dwell here and look no farther , they then become very sinful by the excess , which were not so in their nature . that inordinacy sets them in opposition to gods designation , in which they were allowed only a secondary place . we should therefore be careful to improve all opportunities of letting our tongues pay their more immediate homage to god , in the duties of praiers and praises , making them not only the interpreters of our pious affections , but the promoters of the like in others . and indeed he can scarce be thought in earnest , who praies , hallowed be thy name , and do's not as much endeavor it with men , as he solicites it from god. 4. and if we answer our obligations in this point , we shall in it discharge the highest part of our duty to man also : for in whose heart soever we can implant a true reverentialaw of god , we sow the seed of immortality , of an endless happy being , the greatest the most superlative good whereof he is capable . besides in the interim , we do by it help to manumit and release him from those servile drudgeries to vice , under which those remain who live without god in the world . and these indeed are benefits worthy the dignity of human nature to communicate . and it is both sad and strange to see among the multitude and variety of leagues that are contracted in the world , how few there are of these pious combinations ; how those who shew themselves concern'd in all the petty secular interests of their friends , never take this at all into their care ; a pregnant evidence how little true friendship there is among men : 5. i know some think they sufficiently excuse themselves when they shift off this office to divines , whose peculiar business they say it is . but this is as if one who sees a poor fainting wretch , should forbear to administer a cordial he has at hand , for fear of intrenching on the physitians faculty . many opportunities a friend or companion may have which a divine may want . he often sees a man in the very fit , and so may more aptly apply : for where there is an intimacy of converse , men lay themselves open , discover those passions those vices , which they carefully veil when a strange , or severer eie approches . besides , as such a one may easier discern the disease , so he has better advantages for administring remedies : so children will not take those medicines from the doctors hand , which they will from a nurse or mother : and we are usually too childish in what relates to our souls ; look on good counsel from an ecclesiastic as a divinity potion , and set our stomacs against it ; but a familiar may insensibly insinuate it into us , and ere we are aware beguile us into health . yet if lay persons will needs give the clergy the inclosure of this office , they should at least withdraw those impediments they have laid in their way , by depositing those prejudices which will certainly frustrate their endeavor . men have in these later daies bin taught to look on preaching as a thing of form to the hearers , and of profit only to the speakers , a craft whereby , as demetrius saies , they get their living , acts 16.25 . but admit it were so in this last respect , yet it do's not infer it should be so in the former . if it be a trade , t was sure thought ( as in all ages but this ) a very useful one , else there would never have bin such encouragement given to it . no state ever alloted public certain salaries for a set of men that were thought utterly useless : and if there be use to be made of them , shall we lose our advantages merely because they gain theirs ? we are in nothing else so senseless , no man will refuse counsel from a physician , because he lives by the profession . t is rather an argument on his side , that because such an interest of his own depends on it , he has bin the more industrious to fit himself for it . but not to run farther in this digression , i shall apply it to my purpose , by making this equitable proposal , that lay men will not so moralize the common fable , as neither to admonish one another themselves , nor suffer ministers to do it without them . and truly t is hard if neither of these can be granted when both ought . i am sure all is little enough that can be don , tho we should have , as the prophet speaks , precept upon precept , line upon line , here a little and there a little , is. 28.13 . mans nature is so unattentive to good , that there can scarce be too many monitors . we see satan , tho he have a much stronger party in our inclinations , dares not rely upon it , but is still employing his emissaries , to confirm and excite them : and if whilst he has so many agents among us , god shall have none , we are like to give but an ill account of our zeal either to god or our neighbor , or of those tongues which were given us to glorify the one , and benefit the other . indeed without this , our greatest officiousness in the secular concerns of others is no kindness . when we strive to advance the fame , to increase the fortune of a wicked man , what do we in it , but enable him to do the more mischiefs , by his wealth to foment his own luxuries , and by his reputation commend them to the practice of others ? he only makes his friend truly rich and great , who teaches him to employ those advantages aright : and would men turn their tongues to this sort of oratory , they would indeed shew they understood for what ends they were given them . 6. but as all good receives enhancement from its being more diffusive , so these attemts should not be confined to some one or two intimates or relatives , but be as extensive as the common needs , or at least as our opportunities . t is a generous ambition to benefit many , to oblige communities : which can no way so well be don , as by endeavoring to subvert vicious customs , which are the pests and poisons of all societies . the heathens had many ceremonies of lustrations for their cities and countries , but he that could purify and refine their manners , would indeed attain to the substance of those shadows . and because the apostle tells us , that evil words corrupt good manners , cor. 15.33 . t would be a fundamental piece of reformation , to introduce a better sort of converse into the world : which is an instance so agreable to my present subject , that i cannot close more pertinently , then to commend the endeavor to the readers ; who , if he have bin by this tract at all convinced of the sin and mischief of those schemes of discourse deciphered in it , cannot be more just to his convictons , then by attemting to supplant them . 7. it were indeed a design worthy of a noble soul , to try to new model the age in this particular , to make it possible for men to be at once conversable and innocent . i know t will be objected , t is too vast a project for one or many single persons to undertake : yet difficulties use to animate generous spirits , especially when ( as here ) the very attemt is laudable . but as christ saies of wisdom , so may we of courage , the children of this world are more daring then the children of light . the great corrupters of discourse have not bin so distrustful of themselves : for t is visible to any that will reflect , that t is within mans memory since much of this monstrous exorbitancy of discourse grew in fashion , particularly the atheistical and blasphemous . the first propugners of it were but few , and durst then but whisper their black rudiments : yet the world now sees what a harvest they have from their devilish industry . 8. and shall we give over our clime as forlorn and desperate , and conclude that nothing which is not venemous will thrive in our soil ? would some of parts and autority but make the experiment , i cannot think that all places are yet so vitiated , but that they may meet with many , who would relish sober and ingenuous discourse , and by their example be animated to propagate it to others : but as long as blasphemy , ribaldry , and detraction set up for wit , and carry it without any competition , we do implicitly yield that title we dispute not : and t is hard to say , whether their triumphs be more owing to the boldness of ill men , or the pusillanimity of the good . what if upon the trial they should meet with the worser part of st. paul's fate at athens , that some will mock , acts 17.32 . yet perhaps they may partake of the better also , and find others that would be willing to hear them again , and some few at least may cleave unto them . and sure they are too tender and delicate , that will run no hazard , nor be willing to bear a little share in that profane drollery , with which an apostle was , and their god is daily assaulted : especially when by this exposing themselves , they may hope to give some check to that impious liberty . however besides the satisfaction of their own consciences , they may also gain this advantage by the attemt , that it may be a good test by which to try their company . for those whom they find impatient of innocent and profitable converse , they may assure themselves can only ensnare , not benefit them ; and he is a very weak gamester , that will be drawn to play upon such terms as make it highly probable for him to lose , but impossible for him to win . therefore in that case the advice of solomon is very proper , go from the presence of a foolish man , when thou perceivest not in him the lips of knowledg , prov. 14.7 . 9. but he that will undertake so heroic an enterprize , must qualify himself for it , by being true to his own pretensions . he must leave no uneven thred in his loom , or by indulging to any one sort of reprovable discourse himself , defeat all his endeavors against the rest . those aëry speculators that have writ of the philosophers stone , have required many personal qualifications , strict abstinences and purities in those who make the experiment . the thing may have this sober application , that those who would turn this iron age into gold , that would convert our rusty drossy converse into a purer strein , must be perfectly clean themselves . for alas what effect can that man hope from his most zealous reprehensions , who laies himself open to recrimination ? he that hears a man bitterly inveigh against blasphemy and profaneness , and ( yet in that almost the same breath ) hears his monitor inveigh as bitterly against his neighbor , will scarce think him a good guide of his tongue , that has but half the mastery of his own . let every man therefore be sure to begin at the right end of his work , to wash his own mouth clean , before he prescribe gargarisms to others . and to that purpose let him impartially reflect on all the undue liberties he has given his tongue , whether those which have bin here remarked , or those others which he may find in all practical books , especially in ( the most practical of all books ) his own conscience . and when he has trac'd his talk thro all its wild rambles , let him bring home his stray ; not like the lost sheep with joy , but with tears of penitence and contrition , and keep a strict watch over it that it break not loose again ; nay farther require it to make some restitution for the trespass it has committed in its former excursions : to restore to god what it has rob'd of his honor , by devoting it self an instrument of his service ; to his neighbor what it has detracted from him , by wiping off that sullage it has cast upon his fame , and to himself by defacing those ill characters of vanity and folly it has imprinted on him . thus may the tongue cure its own sting , and by a kind of sympathetic vertue , the wound may be healed by dressing the weapon . but alas when we have don all , the tongue is so slippery that it will often be in danger to deceive our watch : nay it has a secret intelligence with the heart , which like a corrupted goaler is too apt to connive at its escape . let us therefore strengthen our guards , call in him who sees all the secret practices of our trecherous hearts , and commit both them and our tongues to his custody . let us say with the psalmist , try me , o lord , and seek the ground of my heart , psa. 229.23 . and with him again , set a watch , o lord , before my mouth , and keep the door of my lips , o let not my heart he inclined to any evil thing , psa. 141.3 . and if hand thus join in hand , prov. 16.5 . if gods grace be humbly invoked , and our own endeavour honestly emploied , even this unruly evil of the tongue ( as st. james calls it ) chap. 3.8 . may be in some degree tamed . if now and then it get a little out by stealth , yet it will not like the demoniac be so raving , as quite to break all its chains . if we cannot alwaies secure our selves from inadvertence and surprize , but that a forbidden word may somtimes escape us , yet we may from deliberate wilful offences of the tongue . and tho we should all aspire higher , yet if we can but reach this , we ought not to excuse our selves ( upon remaining infirmities ) from the christian generous undertaking , i was recommending , the reforming of others . indeed i had made a very impertinent exhortation to that , if this degree of fitness may not be admitted ; for i fear there would be none upon earth could attemt it upon other terms : the world must still remain as it is , and await only the tongues of angels to reduce it . nor need we fear that censure of hypocrisy which we find , mat. 7.5 . for the case is very differing . t is indeed as ridiculous as insolent an attemt , for one that has a beam in his own eie , to pretend to cast a mote out of his brothers : but it holds not on the contrary , that he that has a mote in his own , should not endeavor to remove the beam in his brothers . every speck do's not blind a man , nor do's every infirmity make one unable to discern , or incompetent to reprove the grosser faults of others . 10. yet after all let us as much as is possible clear our eies even of this mote , and make our copy as worth transcribing as we can : for certainly the best instrument of reformation is example : and tho admonition may somtimes be necessary , yet there are many circumstances required to the right ordering of that , so that it cannot alwaies be practicable , but a good example ever is . besides it has a secret magnetic vertue : like the loadstone it attracts by a power of which we can give no account : so that it seems to be one of those occult qualities , those secrets in nature , which have puzled the enquirers , only experience demonstrates it to us . i am sure it do's ( too abundantly ) in ill examples , and i doubt not , might do the like in good , if they were as plentifully experimented . and that they may be so , let every man be ambitious to cast in his mite : for tho two make but a farthing , yet they may be multiplied to the vastest sum . however if a man cannot reform others , yet i am sure t will be worth his while , so to save himself from this untoward generation , act. 2.40 . i have now presented the tongue under a double aspect , such as may justify the ancient definition of it , that it is the worst and best part of man , the best in its original and design , and the worst in its corruption and degeneration . in david the man after gods heart it was his glory , ps. 57.8 . the best member that he had , psal. 108.1 . but in the wicked it cuts like a sharp razor , psal. 52.2 . t is as the venem of asps , 140.3 . the tongues from heaven were cloven , act. 2.2 . to be the more diffusive of good : but those that are fired from hell are forked , jam. 3.6 . to be the more impressive of mischief : it must be referred to every mans choice , into which of the forms he will mold his . solomon tells us death and life are in the power of the tongue , and that not only directly in regard of the good or ill we may do to others , but reflexively also , in respect of what may rebound to our selves . let moses then make the inference from solomons premises , therefore chuse life , deut. 30.15 . a proposal so reasonable , so agreable to nature , that no florishes can render it more inviting . i shall therefore leave it to the readers contemplation , and shall hope that if he please but to revolve it with that seriousness which the importance exacts , he will new set his tongue , compose it to those pious divine streins , which may be a proper preludium to those allelujahs he hopes eternally to sing . finis .