To the first reason then ( for I will take them in your owne order ) that Stage-players are infamous by the civill lawe , you aunswere that 3 3 Famosus ergo est quisquis in scenam exiit ? Praetor negabit . they are not all , but onely such as play for gaine sake : which you avouch is proved by the Praetors wordes . But that which you make the Praetor say , as distinguishing , Qui sui spectaculum Mercedis ergô praebet , infamis siet ; the Praetor saith not . Nay , contrariwise g g Praetoris verba dicunt . D. de his qui no tantur infamia . L. 1. he saith without all distinction , generallie and simplie : Infamia notatur , qui artis ludicrae , pronuntiandive causa , in scenam prodierit . And Ulpian ( whose h h L. 2 §. Ait Praetor . place you quote for proofe thereof ) doeth report him so , with these verie words : Ait Praetor , Qui in scenam prodierit , " infamis est " . But Vlpian , expounding these wordes of the Praetor , citeth some i i Pegasus & Nerva filius . lawiers saying , that they are infamous , qui quaestus causa in certamina descendunt , & propter praemium in scenam prodeunt : and hereof you conclude , that 4 4 Non ergo quenquam scena , sed quaestus notat . they , who come not foorth into the stage for gaine sake , are not infamous . By which kinde of reasoning one might conclude likewise , that sith by k k Deut. 23. 18 the scripture a woman taking mony for prostituting her body to men is infamous : therefore she is not so , who doeth it freelie ; much lesse , who giveth mony to haue her lovers companie ; whom yet l l Ezek. 16. 33. the scripture counteth most infamous of all . Howbeit , had those lawiers , in adding , quaestus causa , intended your conclusion ; which I knowe not whether they did , but admitte it : neverthelesse you know that a m m Dionysius Gothofredus comment . in corp. iur . civ . ●…dit . 2. lawier also , perhaps more learned then they , hath made this note thereon , Immò & qui sine quaestu . omnes enim scenici probrosi . August . lib. 2. de civit . Dei , cap. 11. & tribu moveri soliti , Livius lib. 7. wherein , as hee gathereth , that such as come vpon the stage without gaine , are prooved by S. Augustin and Livie to be infamous , because S. Austin and Livie doe shewe that all stage-players ( free players not excepted ) were branded with a marke of infamie & dishonestie , disfranchised in a sort : so he confirmeth hereby ( which was and ought to bee the drift of his note ) that by law the players without gaine are infamous , not onelie such as playe for gaine sake . And this doe their wordes , whom hee alleageth , implie , if they bee vnfolded and weighed indifferentlie , according to the rules of lawe for douts thence rising : to weet , that n n L. 37. D. de legib. Senatusq . consult . custome is the best interpreter of lawes ; and , o o L. 38. D. eod autoritie of thinges still iudged of alike hath the force of law . For S. p p li. 2. de civ . Dei . cap. 13. Augustin groundeth his 5 5 Quisquis civium Romanorum esse scenicus elegisset . &c. generall conclusion vpon the ancient practise and order of the Romans testified by q q De repub. lib. 4. Tullie : who saith that their auncestours , counting all kinde of stage playes shamefull and dishonest , agreed that such persons should not onely want the honour of other citizens , but also be disfranchised by the controlment and checke of Censors . Neither were they checked with this reproch and ignominie of olde time alone , but in Livies age too ; yea , before , and after ; at least , with the blemish and staine in mens opinion , ●…hough not with the punishment . r r Or , Aemilius Probus , de vita excellent . imperat . praefat. Cornelius Nepos saieth , that to come on the stage & be a spectacle to the people , was counted no dishonestie or shame among the Graecians ; among the Romans it was . Laberius , a gentleman of Rome , taking pleasure in writing of poemes , s s Macrob. lib. 2. Satu. ca. 7. when Caesar prayed him to playe them him selfe vpon the stage , he yeelded as constrayned by the Princes request ; but signified so much in his prologue , and declared withall what a blott it was vnto him : Ego his tricenis annis actis sine nota , Eques Romanus è lare egressus meo , Domum revertar mimus : nimirum hoc die Uno plus vixi , mihi quàm vivendum fuit . t t Satyr. 8. fuvenal , rebuking men of noble parentage tainted with like dishonor , doeth touch them vnder Lentulus name , with this censure : Laureolum velox etiam bene Lentulus egit , Iudice me dignus vera cruce . So shamefull a matter seemed it to him for Lentulus to play the parte of Laureolus ( one , who in a Tragedie was fained to be hanged , as Melantho in yours ) that he thought him woorthie to be hanged in ea●… est for it . Moreouer , he prosequuteth the point in such sorte , ●…at hee cutteth off all opposition and replie , whereof else a shewe , but shewe alone , might be made against this testimonie and the former . For the Grecians spoken of by Cornelius Nepos did come vpon the stage for gaine , at least 6 6 As the deg●…nerate Lacedaemonian widowes , whom he mencioneth . some of them : though his speech concerning them ( in the braunch I cited ) bee generall , like v v Li. 4. de repub. August . de civit . Dei , lib. 2. cap. 10 Tullies , without that limitation ; and so must contrariwise be meant touching the Romans . Laberius had a ring and money giuen him by Caesar : though he shewe sufficientlie , that whereas no ambition , 7 7 Nulla unquam largitio . no reward ever , no feare , no force , no authoritie , could make him a stage-player in his youth ; much lesse should it haue done in his olde age at three score yeares : it was necessitie onelie , euen Caesars request , that is , constraint , which brought him to it . The men of noble parentage , whom Iuvenal rebuketh , were hired , as 8 8 Consumtis opibus vocem Damasippe locasti Sipa rio , clamosum ageres vt phasma Catulli . himselfe noteth ; and the storie of 9 9 Nobilium famil●…arum posteros egestate venales in sce●…am deduxit . Tacit. Annal. li. 14 Nero , who bought those needie squires to doe that seruice , recordeth : though Iuvenal adiudgeth them vnworthy of life , not onelie in respect that they played for their fee , but euen that they played too ; as may appeare by that which foloweth , Nec tamen ipse Ignoscas populo : populi frons durior huius , Quisedet & spectat triscurria patriciorum , Planipedes audit Fabios ridere potest qui Mamercorum alapas . For seeing that he findeth fault with the people , who sate & beheld the fowle misorders & scurrilities ( such as your Antinous & other wooers practise ) of persons nobly borne ; who heard the race of Fabius resembling & couterfaiting such base ridiculous things as are expressed in Irus ; who could abide to laugh at blowes & whirrets , giuen to the Mamercians , as you would say vnto Ulysses . he sheweth that the verie action it selfe , all regard of lucre , or what soeuer motiue had brought them to it , sett apart , was dishonorable & shamefull in his iudgement . But his like or sharper inveighing against Nero , touching whom he addeth , 1 1 Res haud mira tamen citharaedo Principe mimus Nobilis . that it was no marvell if noble men were stageplayers when the Prince was a minstrell , doeth put the matter out of doubt : in as much as he , comparing Nero to 2 2 Par Agamemnonidae crimen . Orestes , both murderers of their mothers , maketh Nero worse in manie respectes , and this amongst them : In scena nunquam cantavit Orestes . Wherein , by " cantavit , he meaneth not onely that Nero played a minstrels part vpon the stage , as Phemius on yours : but also that he played the partes of men and women , perhaps with song alone , as your Hippodamia ; perhaps with song and speech both , as Eurymachus ; but partes of Men and Women certainlie . This , obscurelie signified by Iuvenal himselfe , mentioning the 3 3 Ante pedes Domiti , longum tu po●…e Thyestae Syrma , vel Antigonae seu personam Menalippes . tragicall habit of Thyestes , Antigona , Menalippe , worne by the ofspring of Domitius , that is , by Nero ; x x In Ner. ca. 2 Suetonius maketh playner ; saying , Tragoedias cantavit personatus ; and , Inter caetera cantavit Canacen parturientem , Orestem matricidam , Oedipodem excaecatum , Herculem insanum . In the last of which tragedies it is reported that a yong souldier ( one of Neros gard ) being sett to keepe the entrie , when hee sawe Nero attired and bound with Chaines , as the argument required , hee ranne to him to helpe him ; thinking ( poore freshwater creature ) that his maister had bene chained in earnest . Another , better acquainted then hee with stage matters , and having served longer , y y Dio Ner. in Xiphili . epist. when Nero played the firste of them , namely Canace , the souldier beeing asked by some who mett him in the citie what the Emperour was doing , Hee is travailing with childe , quoth hee . The singing then vsed vpon the stage by Nero , for which Iuvenal counteth him worse then Orestes , was his playing of mens and wemens partes in tragedies . But Nero never played for gaine : nay , he was so farre from it , that , when a Praetor , who did sett foorth playes , offered him 4 4 Sesteriûm decies . Suet. Ner. cap. 2●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Dio. about eight thousand pound to be an actor , he tooke the paines , 5 5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . as Dio saieth expreslie : and Suetonius sig nifieth , not saying that it was giuen him but that a Praetor offered it . refused the mony , disdaining to doe ought for hire . Iuvenal therefore counteth all stage-players infamous , not onelie such as played for gaine . And what should I adioyne the testimonies of others , learned , vnlearned ; both sortes declaring what Roman citizens thought hereof ? For beside Suetonius , Tacitus , Dio , &c who hath written of Nero that hath not attainted him with this reproche ? the common people , euen souldiers , reckened his stage-playing among his vitious acts : as , z z Tacit. Annal. lib. 15. in a conspiracie that was made against him , hee heard to his great grief ; when Subrius Flavius , a Tribune , beeing demanded by him why he had sought his death , aunswered , Oderam te , nec quisquam tibi fidelior militum fuit , dum amari meruisti ; odisse caepi , postquam parricida matris , & vxoris , auriga , histrio , & incendiarius extitisti : and Sulpitius Asper , aunswering more brieflie to the same demande , saide , Non aliter tot flavigitiis ejus subveniri posse . Neither was it the basenes thereof in comparison of his imperiall Maiestie , that they detested onelie , as his chariot-driving vpbraided him withall might giue cause to thinke , were it not a whelpe too of 6 6 Circenses ludi . Sueton. Ner. cap. 22. the same litter : but the dishonestie and lewdnesse , which , accompanying commonly that trade , by many occasions incident into stage-playes , made such men infamous ; and therevpon was noted , though as a more eminent fault in him then others , yet as a fault in others also . Pecuniam ob delicta dedit , saith a a Annal. li. 14 Tacitus , telling how Nero brought those poore decayed gentlemen of noble houses to the stage : and blaming 7 7 Eius flagitium est qui pecuniam ob delicta potius de●…it , quàm ne delinquerent him , that hee did not rather giue them mony to keepe them from offending ( so hee termeth stage-playing of it selfe without gaine ) then to driue them to it . And Dio , a Senatour of Rome , well acquainted with their lawes and orders by b b Lib. 43. & 49. sundry great offices of state borne among them , c c Xiphil . epi. amplifying that iniurie done to more also , and to meaner persons then Tacitus speaketh of , nether all rewarded like them peradventure , sure Dio giving no inkling of that as the shame of it , saith , 8 8 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it was most shamefull and grievous that they entred , some willing , some marvelous vnwilling , but they entred , 9 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . as the most infamous persons , to the stage , and played both tragedies & comedies . Wherefore sith the practise and iudgement of the Romans noted all stage-players generally with infamie , not onely such as played for gaine : it foloweth that the meaning of their lawe was generall , and so all stage-players to bee infamous by the civil law . Which lawe , if it deserue , though not the title of 1 1 ●…gregia verò laus & ingenuum decens Agere Histrionem lege famosum optima . the best applyed to it by your Momus , yet of 2 2 Agere histrionem , lege damnatum piâ est . good and godly , giuen it by you in the rehearsall of his wordes , as you will graunt it doeth : I leaue it to your owne consideration , what credit your apologie of those playes deserveth . Chieflie seeing Nero , whom that law condemned , might haue vsed the same defense against his Momus , that you against yours , and knit it vp with the same wordes ; Quis hîc rogavit sportulam , vel quis dedit ? Cui non patebant sponte sine lucro fores ? And thus farr of your aunswer to the first reason .

2 To the next , drawen from the best law indeed , euen the lawe of God d d Deut. 22. 5. which forbiddeth a man to put on womans raiment ; a thing though not distaining all stage-playes , yet welnigh all , and there amongst all yours : you answer that 3 3 Semper●… Quid si cogeret lethi metus Mutare vestem ? publicum quid si bonum suaderet ? and , Non ergo juveni est gr●…de simpliciter nefas , Mollem puellam induere . it is not vnlawfull simply and alwayes , as if one doe it to saue his life , to benefit many ; & hereof you conclude , that to do it in playes is not vnlawfull . Of the which enthymeme ( to call the triall of your argumentes to the touchstone of Logicke ) the consequution doutlesse is vnsound and naught , whatsoever the antecedent bee : and the antecedent , although in the balance of humane reason it may seeme to haue weight , yet if it be weighed in the e e 2 Tim. 3. 16 skales of the sanctuarie , will proove vnsound and light too . For the holy Ghost , the Spirite of trueth teacheth vs that f f Rom. 3. 8. it is not lawfull for vs to doe evill , that good may come thereof . When g g Mat. 12. 〈◊〉 Christ on a Sabbat day went through the corne , and his disciples were an hungred , they began to plucke the eares of corne and to eate . The Phariseis reprooved them for it ; but vniustlie : because it was not evill to woorke vpon the Sabbat day in such a case . For by evill is h h Rom. 3. 7. sinne meant . i i 1 Ioh. 3. 4. Sinne is the transgression of the law . The k k Num. 28. 〈◊〉 . law allowed Priestes to worke on the Sabbat day in offering sacrifices . And l l Hos. 6. 7. sacrifice did not please God in comparison of mercy . m m Matt. 12. 7. Therefore to doe that worke of mercie and charitie for the reliefe of hungrie bodies vpon the Sabbath day , was not euill . Contrariwise , when Peter n n Luke 22. verse 31. being in danger of trouble and vexation , if he had bene known to be of Christes disciples , o o ver. 56. did therevpon denie that hee knew him , or had bene with him : he was put in minde by Christs p p ver. 34. wordes & q q ver. 61. deedes , and he did acknowledge by r r ver. 62. his owne teares , that hee should not haue done so . Why ? Because he lyed , and s s Exod 20. 16 Psal. 15. 2. Zach 8. 16. Ephe. 4. 25. to lye is euill ; not allowed in any case by t t Iam. 4. 12. our Lawgiuer , no v v Iob 13. ver. 4. 7. & 10. not for the defense of the glorie of God , much lesse for the safetie of man a x x Iob 25. 6. woorme . By conference and laying of which thinges together we are taught this difference betwene the morall law , and the ceremoniall , that the ceremoniall was not enioyned to be kept absolutelie and simply ; and therefore y y 1 Sam. 21. 4 Matt. 12. 3. when it could not bee kept without the breach af the morall lawe , the law of loue and charitie it yeelded therevnto : but the morall lawe is simply and absolutely enioyned to be kept , as a paterne of that holinesse which God requireth in z z Rom. 8. 14. Ephe 4. 24. his children , a a Lev. 19. 2. 1 Pet. 2. 15. Be yee holy , for I am holy ; and therefore , b b Rom 3. 7. and 6. 2. who so breaketh any part thereof , though to keepe an other parte , doeth defile himselfe , and displease the Highest . Now , the prohibition of men to be attired as wemen , wemen as men , belongeth to the morall , not to the ceremoniall law . For c c Gal. 4. 9. Col. 2. 16. Heb. 8. 13. & 9. 11. & 10. 1. Christ hath delivered vs from the keeping of the ceremoniall . So that , were this difference of attire a ceremonie , then Christian men and wemen might e●…h continuallie weare the others rayment : as lawfully ; as they may d d Lev. 19. 19. weare a garment made of linen & wollen ; sow their field with maslin ; e e Deut. 22. 10 plow with an oxe and an asse ; f f Lev. 11. 7. eate of swines flesh ; of g g Deut 12. 16 blood ; of strangled : if not more lawfullie rather then these last , which h h Act. 15. 29. and 21. 25. the Apostles did forbid the Gentiles for a time , in respect of the Iewes . But they may not weare ech the others raiment : as the generall precepts absolutelie giuen in i i 1 Cor. 11. 7. 〈◊〉 Iim 2. 9. the new testament touching the distinct and severall attire of both sexes , shew . It is a commandment therfore of the morall law , that wemen shall not attire them selves like men , nether men like wemen . And hereof it foloweth that if a man might saue his life , or benefit many , by putting on womans raiment , yet ought he not to do it , because it is euill . Nay ( which addeth greater weight vnto the reason ) it is a notorious and detestable euill : as k k Deut. 22. 5. the Spirite sheweth by the words ensuing , For all that doe so are abomination to the Lord thy God . And seeing that himself hath giuen this censure , God forbid but we should thinke it most true and iust : although our weake eyesight could discerne no cause , why so small a matter , as flesh and blood might countit , should be controlled so sharpelie . Howbeir , if wee marke with iudgement and wisedome , first , how this precept is referred by learned Divines to the commandment l l Exod. 20. 14 Thou shalt not commit adulterie , some m m Calvin . harmon . in lib. Mos. expos. sept. praecept . Beza leg . Dei mor. cereino . & Posit . D. Babingt . exposit. of the command . expreslie making it a point annexed therto , some impliedlie , in that either n n Procopius in Deut. Thom. Aquin. 2●… . 2●… q. 169. art. 2. Hyperius de fer. penman . they knit it to modestie , a parte of temperance , or o o Cyprian . epi. 61. Chrysost. hom. 38. in Mat. Liran . in Deute. 22. note the breach of it as ioyned with wantonnesse and impuritie : next , among the kindes of adulterous lewdnesse howe filthie and monstrous a p p Rom. 1. 27. sinne against nature mens naturall corruption and vitiousnes is prone to ; the Scripture witnesseth it in q q Gen. 19. 5. Cananites , r r Ind. 19. 22. 1 Kin 14. 24 2 King . 23. 7 Iewes , s s 1 Cor. 6. 11. Corinthians , t t Aristot. polit. lib. 2. ca. 9. Senec. epi. 95 other in other nations , & v v Quintil. li 〈◊〉 cap. 4. & lib. 2 cap. 2. one with speciall caution , Nimium est quod intelligitur : thirdlie , what sparkles of lust to that vice the putting of wemens attire on men may kindle in vncleane affections , as x x Sueton. in Ner. cap. 28. Nero shewed in Sporus , y y Lamprid. in Heliogab . Heliogabalus in him selfe ; yea certaine , who grew not to such excesse of impudencie , yet arguing the same in causing their z z Hora. carm. lib. 2. od . 5. Catul. in nup tias Iuliae Iuvenal Satyr . 8. Acer si comes . boyes to weare long heare like wemen : if we consider these things , I say , we shall perceiue that hee , who a a Deut. 23. verse 17. condemneth the female hoore and male , and , b b ver. 18. detesting speciallie the male by terming him a dogge , reiecteth both their offeringes with these wordes that they both are abomination to the Lorde thy God , might well controll likewise the meanes and occasions whereby men are transformed into dogges , the sooner , to cutt off all incitements to that beastlie filthines , or rather more then beastlie . But whether this were part of the cause that moved the Spirit of God , or no : it is cleere and certaine that hee pronounceth them abominable in his sight , or ( as the Hebrues speake more forciblie ) abomination , whosoeuer put on the different sexes raiment . And so , it being simplie and absolutelie vnlawfull , because it is forbidden by the morall law , and proved to be evill , a fowle abominable evill in Gods sight : the Christian faith instructeth vs that wee may not doe it for any good to come thereof , no not for the saving of honor , wealth , or life , of others , or our selues . The arguments , wherby you striue to proue the contrarie , are drawen from two examples : One of the Macedonians , whose king Amyntas entertaining Persian ambassadors , & having at their request broght noble wemen to the banket , when the embassadours dalying with them did touch their brests , & offred some to kisse them ; 4 4 Veste filius Amyntae indui Iuvenes muli●…bri dum iubet , tot faeminis Claris pudorem ser var , & petulantiam Persis superbam coede praeclara excutit . the kings sonne , misliking their lascivious actions , desired them to giue the wemen leaue to go forth , pretending they should returne neater , & so by his direction there came in their steed yong men , attired like them , with daggers vnder their garmentes , who slew the embassadours as soone as they offered to touch them : The other of Achilles , whose mother Thetis , at the time of the Troian warre , knowing ( as Poëts faine ) that hee should dye at Troy , if he went thither with the Grecians , did thervpo●… attire him ( they say ) as a woman , and committed him as her daughter to Lycomedes king of Scyros , 5 5 Vitam tu●…tur filius Thetidis suam . there to bee kept safe from that danger . For hence you conclude that a man may lawfully putt on womans raiment to benefit others , to saue his life ; because the Macedonians , by their young Princes motion , and Achilles did so . Which argument if it holde , then may a man lye to saue his life , or benefit others , because c c 1 Sam. 21. 2 David did so : then may a man forsweare to saue his life , or benefite others , because d d Mat. 26 72. Peter did so . For the examples of e e Iam. 5. 10. Prophets and f f Mat. 5. 14. Apostles are surer groundes to build on , then of Achilles or Macedonians . But you will not say that wee may forsweare , nor lye ( I hope ) for any cause ; sure the Scripture will not , neither the g g Iustin. Mart. apolog. ad Anton. Impe. August . li. de mendacio , & contra mendacium : and others of the soundest Fathers . Calvin Tremellius , Iunius , in Exod. 1. & the rest of ours . best Divins ; no not h h Magist. sentent . li. 3. dist. 38. Thom. Aquin. 2●… . 〈◊〉 ▪ quaest. 110. ●…rt . 3. & the rest . Schoolemen , or i i cap. Super eo . extra de usuris ▪ & all the Canonists thereon . Canonistes , which yet in many points are farre beneth the best . you must remember therefore that wee are to liue by lawes , not by examples : and regard in Macedonie , and Greece , as in k k L. 13. D. de officio Praefidis . Rome , not what is done there , but what ought to bee done there . Else , by these verie examples that you stand o●… , not onelie kinges , but also their sonnes may put to death ; and that , for wanton touching , not onelie for adulterie ; nor their owne subiects alone , but forein embassadours ; yea , their servants also , though innocent and giltlesse ; and make a bootie of their cariage , their treasure , their furniture ; all against the kinges advise and commaundement : for l l Herodotus in Terpsichore . so did the sonne of Amyntas . And a man , whose countrie doeth need and craue his seruice in lawfull warre against their enemies , may , for feare of death , vse m m Valer. Max. lib. 6. cap. 3. Vettienus his shifts to keepe at home ; a youth , that is in loue , may put on maidens raiment , as n n Terent. Eun. Chaerea did the Eunuches for his Pamphilaes sake ; a sonne may obey his mother , not o o Ephe. 6. 1. in the Lord , but against the Lorde , and by her commaundement behaue him selfe vnduetifullie , cowardlie , wantonlie : for p p Statius A●…hilleid . li. 1. so did the sonne of Thetis . Wherein by the way you may obserue too , both what inconvenience and danger of vncleannesse cleaveth to this practise : and how Heathen men by the light of nature did descry the shamefulnesse of it and condemned it . For as hee whose fact 6 6 Mollem puellam induere , scelus est Clodio ; Non est Achilli : Clodius stuprum parat . your selfe adiudge wicked Clodius I meane , q q Sueton. in Caes. cap. 74. did satisfie his vilanous lust with Caesars wife by cladding him selfe in womans raiment : semblably Achilles deflowred Deidamia , king Lycomedes daughter , by the same occasion . And Statius , who reporteth the storie ( so to terme it with 7 7 Id quod crebra testari p●… test Historia . you ) most exactlie , saith r r Achilleid . lib. 〈◊〉 . that Chiron , the instructer and bringer vp of Achilles , would not haue suffered his mother to haue had him away , Si molles habitus & tegmina foedafateri Ausa foret : that Calchas the Prophet , being filled wth Apollos spirit , cryed out , O scelus , en fluxae veniunt in pectora vestes ; Scinde puer , scinde , & timidae ne crede parenti : that Achilles him selfe did say vnto Deidamia , Neque ego hos cultus , aut foeda subissem Tegmina , ni primo te visa in littore ; and s s Lib. 2. vnto his mother , Paruimus genitrix , quanquam haud toleranda jubebas , Paruimus nimium ; and vnto Ulysses , that Maternum nefas had caused him to put on indecores , fatorum crimina , cultus ▪ The wich resolutions and speeches being attributed to heathen men by an heathen , and him an excellent Poet , who so well discerned what was fitt and seemely for every one to speak and thinke , that in this respect he is preferred by a t t Iulius Caes. Scaliger . Poet . lib. 6. ca. 6 learned iudicious autor before Homer ; doe argue and declare , that wise & vertuous persons , represented in Chiron , would not haue a man for safegard of his life vndergoe the shame of wearing womans raiment ; that religious folke having the Spirit of GOD , as Calchas is imagined , accounted it a heinous crime , and wished children to rent such raiment when it were put on , and therein disobey their parents ; that ingenuous valiant youths , like Achilles , may be ensnared for loue sake to weare it , not for life ; and doo it for reuerence of parents , though with griefe ; and lay the fault afterward vpon their mothers , and the destenies , that they were tainted with such dishonour . Thus is it apparant euen by the example which your selfe commende , that , as S. v v 1 Cor. 11. ●…3 Paul obserueth on the like occasion , nature and scripture ●…each the same : and the moral law of God , and law of nature , agreeing both in one , doo prooue it to be simply vnlawfull and evill for men to put on wemens raiment . But suppose it were not vnlawfull simply & alwayes , because a x x S. Austin , Soliloquior . lib. 2. cap. 16 great Diuine saith it is a great question whether a man may do it to deliuer his countrie from an enemie , though 8 8 In that hee addeth these wordes , Fortasse verior vir futurus . him selfe seeme to approoue the negatiue ; and a certaine y y Thomas of Aquine 2●… . 2●… . q. 169. art. 2. Schoolman , affirming it to be euill and naught of it selfe , saieth that it may neuerthelesse be done for necessitie , perhaps z z 1●… . 2●… . quae. 102. art. 6. vpon I know not what conceit of somewhat ceremonial in it ; but suppose a man might doe it for the sauing of his life or countrie : yet your reason faileth in the consequution , that a man may therefore doe it to play a part in comedies or tragedies . a a Matt. 12. 3. Dauid , when he was hungry , did eate the shewbread , which was not lawfull for him to eate : and our Sauiour sheweth that he did well therein . But if he hath done it in sport and of a meriment , when no neede enforced : the law , which b b Num. 15. 32 condemned a man for gathering stickes vpon the Sabbatday , would haue condemned him too . The graue Athenian Iudges , Areopagitae did never punish any ( I trow ) for killing quailes to supply his want . But , c c Quintil. lib. 5. cap. 9. when a lewd boy did picke out quailes eyes of a wanton humor , they iudged him worthy of death for it . Good Emperours haue d d L. 3. c. de feriis . allowed men to doe their workes of tillage and husbandrie on the Soonday , when other dayes the season serveth not . What ? to haue stage-playes vpon the Soonday therefore , or running of horses , or beare-baytings ? No : they e e L. 11. c. eod. & Cod. Theo. lib. 15. tit. 5. disallowed it . He that should spende his life as f f Iud. 16. 30. Samson did , in avenging him selfe of the Philistines , might haue the same testimonie of faith which g g Heb. 11. 32 Samson had . But if one should spende it to shewe men Theater-pastime , as h h Sueton. in Ner. cap. 12. that fellowe did who played Icarus before Nero , and falling down neere to his chamber , sprinkled him with blood ; wel might he earne the praise of Icarus . Wherefore albeit a man for the performance of necessarie dueties might putt on womens raiment : yet would it not folow thereof , that he may doe it to play a part in Enterludes ; Much lesse will that conclusion followe , which in steede hereof you sett downe generallie , thereby to fetch about this hidden conclusion . For you doe inferre , as proved by those examples with the contrarie of Clodius , that 9 9 Non ergo vestis foeminca iuveni est scelus ; Sed prava mens , libido , malitia ac dolus : nec habitus ullus , sed animus turpem facit . it is no fault for young men to weare womens raiment , but to doe it ( as Clodius ) with a lewde intent of committing whoredome , beguiling , and deceyving : neither doeth anie apparell , but the minde , make a man dishonest . And so assuming hereto , that l l Quid simil●… nobis obijcere quisquam potest ? Quid cogitatum tale ? quis none of your young men , who were attired like women , had anie such intent or meaning ; you implie by consequence that it was no fault for them to be attired so ; and therefore men may lawfully put wemens rayment on to play . But what a foundation this frame is built vpon , the consequence in religion and reason both will shew . The Scripture saith that i i 1 Cor. 11. ver. 5. & 10. wemen , praying , or prophecying , ought to haue a veile or couer on their heads in token of subiection : but k k verse 4. & 7. men ought not to haue so . Nowe , what if a man should preach or pray in the Church with such a veile as women beare in this respect ; with a calle ( for examples sake ) or with a French hoode : should he offende , or no ? Your inference sayeth , Nay , vnlesse he weare it with a lewde intent , as Clodius did . For no apparell , but the minde , doeth make a man dishonest : and therefore * * Non ergo velum foeminae viro est scelus ; Sed prava mens , libido , malitia , ac dolus : Nec habitus ullus sed animus turpem facit . it is no fault for a man to pray with a French hoode on his head . But Saint Paul sayth otherwise : and , though he would graunt the wearing of it with Clodius minde to be a greater fault ; yet a fault would he iudge it to weare it with Penelopes , because the verie wearing of it , is forbidden . The l l L. 23. D. de auro , argento , mundo . Ciuill lawe , speaking of Mens and Womens garmentes , some peculiar to either , some common to them both , defineth those to bee common , which both may weare without reproofe ; peculiar , which both may not . Women shall haue no garmentes peculiar nowe to them , if your speach be true . For men may weare their peticoates , kirtles , and whatsoeuer else without reproofe : beeause it is not any apparell , but the mind , that makes a man blame-worthie . The m m Esai . 3 ●…7 . Soph. 1. 8. Prophetes reprehend the people of Iurie and Ierusalem , for vanitie in apparell . The n n 1. Tim. 2. 10 1. Pet. 3. 3. Apostles require modestie and decencie therein . The o o Clem. Alex. paedag : lib. 2 cap. 10. 11. & 12. lib. 3. cap. 2. 3. & 11. Chrysost. orat . Calend. habit . Hiero. epist. 2. ad Nepot . ep. 4. ad Rusticum . ep. 8. ad Demetriad . ep. 47. de vitando suspecto contubernio . Fathers , instructing folke of seuerall sexes , estates , and professions , giue speciall preceptes of the same . The p p Xenoph. lib. 2. de dict. & fact Socr. ex Prodico Cic. lib 1. de Offic . post . Pane●…um . Philosophers , and q q Cato . Lev. lib. 34. Lysander . Plut ▪ apoph reg●… & imper●…t . Archidamus Zeuxidami . Plut. apophthegm. Lacon . Statemen , haue thought some rayment comelie for honest personages , some vncomelie . All greatlie overseene , if it be no shame for what so euer person to goe attired how so euer ; and euerie one may weare of anie matter , facion , colour , price hee list . But if they were not overseene all , whiche for some of them wee are sure they were not : then must wee acknowledge , that , as in meates and drinkes r r Mat. 15. 11. that which goeth into the mouth , defileth not the man ; yet , if men drinke too much s s Ephe. 5. ●…8 wine , they are defiled by their intemperance and riott : likewise in apparell , that which cometh vpon the backe , dishonesteth not the man ; yet , if men weare costlier garmentes then they ought , they are dishonested by their riotous and vnmodest behaviour . And so , if anie man doe put on Womans raiment , hee is dishonested and defiled , because he transgresseth the boundes of modestie and comelinesse , and weareth that which Gods lawe forbiddeth him to weare , which mans lawe affirmeth hee can not weare without reproofe : though otherwise a Womans raiment of it selfe doeth neither discommende or commende the wearer ; no more then t t 1. Cor. 8. 8 meate maketh vs acceptable to God ; v v Rom. 14. 17 For the kingdome of God is not meate , nor drinke ( I may adde , nor apparell ) but righteousnes and peace and ioy in the holy Ghost . Wherefore you had done better service to the trueth , if , in steede of your egre knitting vp of this point with this epiphonema , 2 2 Maledicta textum glossa quae vitiat bonum . Cursed is the glosse that corrupteth the good text , you had obserued rather as x x De idolotat . cap 16. Tertullian doeth , that the good text you speak of , I meane , the holy Scripture specifieth not any apparell 3 3 Maledictus omnis qui muliebribus induitur . Cursed by God , but onely womans worne by man ; and had applied it also against mens wearing of it in stage-playes , as y y De spectac . cap. 23. hee doeth . At least I could haue wished your censure had bene milder , if not in regard of a younger Preacher , who did so expound that text in a godly Sermon before your booke was printed : yet in consideration of that ancient Father , with z z Cypri . Chrysost. Calvin . & Hyperius , in the places quoted in my letters to D. Thornton . many other worthy men , whose learned writinges doe glosse it in the same sort ; and of a a a Sext. Synod . in Trull . can. 6●… . generall Councell , which noreth mens wearing of wemens , raiment though in playes , as a heinous crime . But if our glosse be cursed , who say that in the general sentence of the Scripture , All men are abomination that put on wemens raiment , the speciall is comprised , Players are abomination that put on wemens raiment ; a thing which your Law-glosses obserue vpon your b b L. 5. C. d●… legib. & constitut. Princ. L. 3. c. quando prouo●… . non est necesse . lawes , as standing with reason , and therevpon doe gather ( agreeablie to a c c L. 147. D. de regulis iuris Semper specialia generalibus insunt . rule of law ) that he , who fordiddeth the generall , will not haue the speciall practised ; and , every speciall is suspended , when the generall is suspended : what maner a glosse is yours , which deduceth out of the generall affirmatiue a particular negatiue , that is , a flat contradictory ; & turneth , Alare , into , Some are not ; and delivereth as a rule that it is no dishonestie for a man to weare whatsoever apparell , if his minde be chast ?