Parliament saith he did notifie and declare that Ecclesiastical Power to be in the King which the Pope had formerly unjustly invaded Yet so that they reserved to themselves the confirming power of all Canons Ecclesiastical so that the person or property of Refusers should not be subjected to temporal penalty without consent of Parliament But certainly there is no such matter in that Act of Parliament in which the submission of the Clergy and the Authority of the King grounded thereupon is notified and recorded to succeeding times nor any such reservation to themselves of a confirming power as our Author speaks of in any Act of Parliament I can knowingly and boldly say it from that time to this Had there been any such Priviledge any such Reservation as is here declared their Power in confirming Ecclesiastical Canons had been Lord Paramount to the Kings who could have acted nothing in it but as he was enabled by his Houses of Parliament Nor is this onely a new and unheard of Paradox an Heterodoxie as I may call it in point of Law but plainly contrary to the practise of the Kings of England from that time to this there being no Synodical Canons or Constitutions I dare as boldly say this too confirmed in Parliament or any otherwise ratified than by the superadding of the Royal assent For proof whereof look we no further than the Canons of 603 and 640 confirmed by the two Kings respectively and without any other Authority concurring with them in these following words viz. We have therefore for Us our Heirs and lawfull Successors of our especial Grace certain knowledge and meer motion given and by these presents doe give our Royal assent according to the form of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and Constitutions and to all and every thing in them contained And furthermore we doe not onely by our said Prerogative Royal and Supreme Authority in causes Ecclesiastical ratifie confirm and establish by these our Letters Patents the said Canons Orders Ordinances and Constitutions and all and every thing in them contained as is aforesaid But doe likewise propound publish and straightly enjoyn and command by our said Authority and by these our Letters Patents the same to be diligently observed executed and equally kept by all our loving Subjects of this our Kingdome both within the Province of Canterbury and York in all points wherein they doe or may concern every or any oâ— them according to this our Will and Pleasure hereby signified and expressed No other Power required to confirm these Canons or to impose them on the People but the Kings alone And yet I trow there are not a few particulars in which those Canons doe extend to the propertie and persons of such Refusers as are concerned in the same which our Author may soon finde in them if he list to look And having so done let him give us the like Precedent for his Houses of Parliament either abstractedly in themselves or in cooperation with the King in confirming Canons and we shall gladly quit the cause willingly submit to his ter judgement But if it be objected as perhaps it may That the Subsidies granted by the Clergy in the Convocation are ratified and confirmed by Act of Parliament before they can be levied either on the Granters themselves or the rest of the Clergy I answer that this makes nothing to our Authors purpose that is to say that the person or property of Refusers should not be subjected to temporal penalty without consent of Parliament For first before the submission of the Clergy to King Henry the 8. they granted Subsidies and other aids unto the King in their Convocations and levied them upon the persons concerned therein by no other way than the usual Censures of the Church especially by Suspension and deprivation if any Refuser prove so refractary as to dispute the payment of the sum imposed And by this way they gave and levied that great sum of an Hundred thousand pounds in the Province of Canterbury onely by which they bought their peace of the said King Henry at such time as he had caused them to be attainted in the Praemunire And secondly there is a like Precedent for it since the said Submission For whereas the Clergy in their Convocation in the year 1585. being the 27 year of Queen Elizabeth had given that Queen a Subsidy of four shâ—llings in the pound confirmed by Act of Parliament in the usual way thâ—y gave her at the same time finding their former gift too short for her present occasions a Benevolence of two shillings in the pound to be raised upon all the Clergy by virtue of their own Synodical Act onely under the penalty of such Ecclesiastical Censures as before were mentioned Which precedent was after followed by the Clergy in their Convocation An 1640. the Instrument of the Grant being the same verbatim with that before though so it hapned such influence have the times on the Actions of men that they were quarreld and condemned for it by the following Parliament in the time of the King and not so much as checkt at or thought to have gone beyond their bounds in the time of the Queen And for the ratifying of their Bill by Act of Parliament it came up first at such times after the Submission before mentioned as the Kings of England being in distrust of their Clergy did not think fit to impower them by their Letters Patents for the making of any Synodical Acts Canons or Constitutions whatsoever by which their Subsidies have been levied in former times but put them off to be confirmed and made Obligatory by Act of Parliament Which being afterwards found to be the more expedite way and not considered as derogatory to the Churches Rights was followed in succeeding times without doubt or scruple the Church proceeding in all other Cases by her native power even in Cases where both the persons and property of the Subject were alike concerned as by the Canons 1603 1640 and many of those past in Queen Elizabeths time though not so easie to be seen doth at full appear Which said we may have leisure to consider of another passage relating not unto the Power of the Church but the wealth of the Churchmen Of which thus our Author Fuller I conceived it Civil to suffer the Animadvertor to use his own phrase parler le tout to speak all out in this long Discourse which although it consisteth of several Notes yet because all treat of the same subject and because a Relative strength might result thereby to the whole I have presented it intire Yet when all is said I finde very little I have learnt thereby and lesse if any thing which I am to alter These my two preparatory Rules as the Animadvertor terms them I have formerly stated and proved and here intend no repetition It is no Beame and but a Moat-fault at most if
certainly before the Statute of Praemunire for that the whole Clergy in their Convocation should publiquely declare and avow a notorious falshood especially in a matter of fact is not a thing to be imagined I must confesse my self to be at a losse in this intricate Labyrinth unless perhaps there were some critical difference in those elder times between a Synod and a Convocation the first being call'd by the Arch-bishops in their several and respective Provinces as the necessities of the Church the other only by the King as his occasion and affairs did require the same But whether this were so or not is not much material as the case now stands the Clergie not assembling since the 25 of King Henry the eighth but as they are convocated and convened by the Kings Writ only I only add that the time and year of this submission is mistook by our Author who placeth it in 1533. whereas indeed the Clergy made this acknowledgement and submission in their Convocation Anno 1532. though it pass'd not into an Act or Statute till the year next following Well then suppose the Clergy call'd by the Kings Authority and all their Acts and Constitutions ratified by the Royals assent are they of force to binde the Subject to submit and conform unto them Not if our Author may be judge for he tels us plainly Fol. 191. That even such Convocations with the Royal assent subject not any for recusancie to obey their Canons to a civil penalty in person or property until confirmed by Act of Parliament I marvel where our Author took up this opinion which he neither findes in the Registers of Convocation or Records of Parliament Himself hath told us fol. 190. that such Canons and Constitutions as were concluded on in Synods or Convocations before the passing of the Statute of Praemunire were without any further Ratification obligatory to all subjected to their jurisdiction And he hath told us also of such Convocations as had been called between the passing of the Statute of Praemunire and the Act for Submission that they made Canons which were binding although none other than Synodical Authority did confirm the same Upon which premisses I shall not fear to raise this Syllogism viz. That power which the Clergy had in their Convocations before their submission to the King to binde the Subject by their Canons and Constitutions without any further ratification than own Synodical Authority the same they had when the Kings power signified in his Royal assent was added to them but the Clergy by our Authors own confession had power in their Convocations before their submission to the King to bind the Subject by their Canons and Constitutions without any further ratification than their own Synodical Authority Ergo they had the same power to bind the Subjects when the Kings power signified by the Royal assent was added to them The Minor being granted by our Author as before is shewed the Major is onely to be proved And for the proof hereof I am to put the Reader in minde of a Petition or Remonstrance exhibited to the King by the House of Commons Anno 1532. in which they shewed themselves agrieved that the Clergy of this Realm should act Authoriâ—atively and Supremely in the Convocations and they in Parliament do nothing but as it was confirmed and ratified by Royal assent By which it seems that there was nothing then desired by the House of Commons but that the Convocation should be brought down to the same level with the Houses of Parliament and that their Acts and Constitutions should not binde the Subject as before in their Goods and Possessions until they were confirmed and ratified by the Regal Power The Answer unto which Remonstrance being drawn up by Dr. Gardiner then newly made Bishop of Winchester and allowed of by both Houses of Convocation was by them presented to the King But the King not satisfied with this Answer resolves to bring them to his bent lest else perhaps they might have acted something to the hindrance of his divorce which was at that time in agitation and therefore on the tenth of May he sends a Paper to them by Dr. Fox after Bishop of Hereford in which it was peremptorily required That no Constitution or Ordinance shall be hereafter by the Clergy Enacted Promulged or put in Execution unlesse the Kings Highnesse do approve the same by his high Authority and Royal assent and his advice and favour be also interponed for the execution of every such Constitution among his Highnesse Subjects And though the Clergy on the receipt of this paper remov'd first to the Chappel of St. Katherines and after unto that of St. Dunstan to consult about it yet found they no Saint able to inspire them with a resolution contrary to the Kings desires and therefore upon the Wednesday following being the fifteenth of the same Moneth they made their absolute submission binding themselves in Verbo Sacerdotii not to make or execute any Canons or other Synodical Constitutions but as they were from time to time enabled by the Kings Authority But this submission being made unto the King in his single person and not as in conjunction with his Houses of Parliament could neither bring the Convocation under the command of Parliaments nor render them obnoxiâ—us to the power thereof as indeed it did not But to the contrary hereof it is said by our Author that Fol. 194. He viz. the King by the advice and consent of his Clergy in Convocation and great Councel in Parliament resolved to reform the Church under his inspection from grosse abuses crept into it To this I need no other Answer than our Author himself who though in this place he makes the Parliament to be joyned in Commission with Convocation as if a joynt Agent in that great businesse of Reforming the Church yet in another place he tels us another tale For fol. 188. It will appear saith he and I can tell from whom he saith it upon serious examination that there was nothing done in the Reformation of Religion save what was acted by the Clergy in their Convocations or grounded on some Act of theirs precedent to it with the Advice Counsel and Consent of the Bishops and most eminent Church-men confirmed upon the Postfact and not otherwise by the Civil Sanction according to the usage of the best and happiest times of Christianity So then the Reformation of the Church was acted chiefly by the King with the advice of the Clergy in their Convocation the confirmation on the post-fact by the King in Parliament and that by his leave not in all the Acts and Particulars of it but in some few onely for which consult the Tract entituled The Way and Manner of the Reformation of the Church of England Now as our Author makes the Parliament a joynt Assistant with the King in the Reformation so he conferreth on Parliaments the Supreme Power of ratifying and confirming all Synodical Acts. Fol. 199. The
and Author's Joynt-desires might have taken Effect there had been no difference about this passage in my Book Tuque domo proprià nos Te Praesul Poteremur Thou hadst enjoy'd thy house and we Prelate had enjoyed Thee But alas it is so He is still and still when all other Bishops are released detained in the Tower where I believe he maketh Gods Service his perfect freedom My words as relating to the time when I wrote them containe too much sorrowfull truth therein Dr. Heylyn Fourthly Archbishop Williams after his restoring unto liberty â—ent not into the Kings Quarters as our Author saith but unto one of his own houses in Yorkshire where he continued till the year 1643. and then came to Oxford not that he found the North too cold for him or the War too hot but to solicit for renâ—wing of his Commendam in the Deanry of Westminster the time for which he was to hold it drawing towards an end Fuller Nothing false or faulty The Arch-bishop of York stayed some weeks after his enlargement at Westminster thence he went privately to the house of Sir Thomas Hedley in Huntingon shire and thence to his Palace at Caâ—ood nigh York where he gave the King a magnificent Intertainment King James setled the Deanry of Westminster under the great Seal on Dr. Williams so long as he should continue Bishop of Lincoln Hinc illa Lacrimae hence the great heaving and hussing at Him because He would not resigne it which was so signal a Monument of his Master's favour unto him Being Arch-bishop of York King Charls confirmed his Deanry unto him for three years in lieu of the profits of his Arch-bishoprick which the King had taken Sede vacante So that it is probable enough the renuing that Tearm might be a Joynt-Motive of his going to Oxford But I see nothing which I have written can be cavilled at except because I call Yorkshire the King's Quarters which as yet was the Kings WHOLE when the Arch-bishop first came thither as being a little before the War began though few Weeks after it became the King's Quarters Such a Prolepsis is familiar with the best Historians and in effect is little more then when the Animadvertor calleth the Gag and Appello Caesarem the Books of Bishop Montague who when they were written by him was no though soon after a Bishop Dr. Heylyn Our Author proceeds fol. 196. Some of the aged Bishops had their tongues so used to the language of a third Estate that more then once they ran on that reputed Rock in their speeches for which they were publickly shent and enjoyned an acknowledgment of their mistake By whom they were so publickly shent and who they were that so ingenuously acknowledged their mistake as my Author telleth us not so neither can I say whether it be true or false Fuller I tell you again It is true The Earl of Essex and the Lord Say were two of the Lords though this be more then I need discover who checked them And of two of those Bishops Dr. Hall late Bishop of Norwich is gone to God and the other is still alive Dr. Heylyn But I must needs say that there was small ingenuity in acknowledging a mistake in that wherein they had not been mistaken or by endeavouring to avoid a reputed Rock to run themselves on a certain Rock even the Rock of Scandall Fuller Their brief and generall acknowledgment that they vvere sorry that they had spoken in this point vvhat had incurred the displeasure of the Temporall Lords was no trespass on their own ingenuity nor had shadovv of scandall to others therein I confess men must not bear fals-witness either against themselves or others nor may they betray their right especially when they have not onely a personall concernment therein but also are in some sort Feoffees in trust for Posterity However vvhen a predominant Power plainly appears which will certainly over-rule their cause against them without scandall they may not to say in Christian prudence they ought to wave the vindication of their priviledges for the present waiting wishing and praying for more moderate and equall times wherein they may assert their right with more advantage to their cause and less danger to their persons Dr. Heylyn For that the English Bishops had their vote in Parliament as a third Estate and not in the capacity of temporal Barons will evidently appear by these reasons following For first the Clergy in all other Christian Kingdoms of these Northwest parts make the third Estate that is to say in the German Empire as appears by Thuanus the Historian lib. 2. In France as is affirmed by Paulus Aemilius lib. 9. In Spain as testifieth Bodinus in his De Repub. lib. 3. For which consult also to the Generall History of Spain as in point of practise lib. 9 10 11 14. In Hungary as witnesseth Bonfinius Dec. 2. l. 1. In Poland as is verified by Thunus also lib. 56. In Denmark as Pontanus telleth us in Historia rerum Danicarum l. 7. The Swedes observing antiently the same form and order of Government as was us'd by the Danes The like we find in Camden for the Realm of Scotland in which antiently the Lords Spirituall viz. Bishops Abbots Priors made the third Estate And certainly it were very strange if the Bishops and other Prelates in the Realm of England being a great and powerfull body should move in a lower Sphere in England then they do elsewhere But secondly not to stand onely upon probable inferences we find first in the History of Titus Livius touching the Reign and Acts of King Henry the fifth that when his Funerals were ended the three Estates of the Realm of England did assemble togeâ—her and declared his Son King Henry the sixth being an Infant of eight months old to be their Soveraign Lord as his Heir and Successor And if the Lords Spirituall did not then make the third Estate I would know who did Secondly the Petition tendred to Richard Duke of Glocester to accept the Crown occurring in the Parliament Rolls runs in the name of the three Estates of the Realm that is to say The Lords Spirituall and Temporall and the Commons thereof Thirdly in the first Parliament of the said Richard lately Crowned King it is said expresly that at the request and by the consent of the three Estates of this Realm that is to say the Lords Spirituall and Temporall and Commons of this Land assembled in this present Parliament and by Authority of the same it be pronounced decreed and declared That our said Soveraign Lord the King was and is the very and undoubted King of this Realm of England c. Fourthly it is acknowledged so in the Statute of 1 Eliz. cap. 3. where the Lords Spirituall and Temporall and the Commons in that Parliament assembled being said expresly and in terminis to represent the three Estates of this Realm of England did recognize the Queens Majesty to be their true
ancient evidence we must take his word which whether those of Cambridge will depend upon they can best resolve For my part I forbear all intermedling in a controversie so clearly stated and which hath lain so long asleep till now awakened by our Author to beget new quarrels Such passages in that History as come under any Animadversion have been reduced unto the other as occasion served which the Reader may be pleased to take notice of as they come before him Fuller Because omitted by Arch-Bishop Parker I have the more Cause and Reason to insert it Otherwise had he handled the Subject before the Animadvertor would have cryed out Crambe that there was nothing novel therein Call it I pray The FRINGE of my Book be it but for the Subjects sake whereof it treats my dear Mother the University of Cambridge I live in the same generation with the Animadvertor and I hope shall acquit my self as honest which truly is as wise as himself CHURCH-ROMANCE parciùs ista As I tell the Reader of the burning of those Original Charters so in the same place I charge my Margin with my Author Dr. Caius and thereby discharge my self Doth the Animadvertor now forbear all intermedling therein in this Controversy Why did he not forbear before when setting forth his last Geography some five years since And is it not as lawful for me to defend as for him to oppose my Mother When where and by whom was this Controversie so clearly stated Was it by the Animadvertor himself Such a Party is unfit for a Iudge Or was it stated by the Parliament mentioned by him 1 mo Iacobi when as he telleth us the Clerk was commanded to place Oxford first But it plainly appears it was not then so clearly decided but that the question was ever started again in the late long Parliament with Arguments on both Sides Witness the printed Speech of Sir Simonds D'EWES on that occasion Dr. Heylyn All these extravagancies and impertinencies which make up a fifth part of the whole Volume being thus discharged it is to be presum'd that nothing should remain but a meer Church History as the Title promiseth But let us not be too presumptuous on no better grounds Fuller The Animadvertor's Words mind me of a Memorable passage which hereafter he hath in his Animadversions on my Sixth Book or History of Abbeys The Intruder payeth to the Sequestred Minister but a NINETEENTH part in stead of a FIFTH But if the FIFTH-PART in relation to my Book be here stated to the same proportion for the NINETEENTH yet will not the Animadvertor's measure be reconciled to the Standard of Truth Dr. Heylyn For on a Melius inquirendum into the whole course of the Book which we have before us we shall find too little of the Church and too much of the State I mean too little of the Ecclesiastical and too much of the Civil History It might be reasonably expected that in a History of the Church of England we should have heard somewhat of the foundation and enlargement of Cathedral Churches if not of the more eminent Monasteries and Religious Houses and that we should have heard somewhat more of the succession of Bishops in their several and respective Sees their personal Endowments learned Writings and other Acts of Piety Magnificence and publick Interess especially when the times afforded any whose names in some of those respects deserv'd to be retain'd in everlasting remembrance Fuller I doubt not but the Reader who hath perused my Church-History will bear me witness that therein there is a competent Representation of all these particulars so far forth as the Proportion of the Book will bear Dr. Heylyn It might have been expected also that we should have found more frequent mention of the calling of National and Provincial Synods with the result of their proceedings and the great influence which they had on the Civil State sparingly spoken of at the best and totally discontinued in a manner from the death of King Henry the fourth until the Convâ—â—â—tion of the yeer 1552. of which no notice had been taken but that he had a mind to question the Authority of the Book of Articles which came out that year though publisht as the issue and product of it by the express Warrant and Command of King Edward the sixth Fuller All Councels before the Conquest with their Canons are compleatly and the most remarkable after it represented in my History With what face can the Animadvertor say that I have discontinued the Acts of the Convocation till the year 1552 The Acts of one critical Convocation in the 27 of Henry the eighth 1535. taking up no less than eight sheets in my Book and another in the same Kings Reign imploying more than a sheet Dr. Heylyn No mention of that memorable Convocation in the fourth and fifth years of Philip and Mary in which the Clergy taking notice of an Act of Parliament then newly passed by which the Subjects of the Temporality having Lands to the yearly value of five pounds and upwards were charged with finding Horse and Armour according to the proportion of their yearly Revenues and Possessions did by their sole authority as a Convocation impose upon themselves and the rest of the Clergy of this Land the finding of a like number of Horses Armour and other Necessaries for the War according to their yearly income proportion for proportion and rate for rate as by that Statute had been laid on the Temporal Subjects Fuller I am confident that this is the self-same Convocation which is thus entered in my Church-History Book 8. p. 39. Anno 1557. quinto Mariae The Clergy gave the Queen a Subsidie of eight shillings in the pound confirmed by Act of Parliament to be paid in four years In requital whereof by Poole 's procurement the Queen Priviledged them from shewing their horses with the Laily yet so that they should muster them up for the defence of the Land under Captains of their own own chusing I cannot therefore be justly charged with no mention of the Acts of this Convocation Dr. Heylyn And this they did by their own sole Authority as before was said Ordering the same to be levyed on all such as were refractory by Sequestration Deprivation Suspension Excommunication Ecclesiastical Censures all without relating to any subsequent confirmation by Act of Parliament which they conceiv'd they had no need of Fuller I took the less notice of and gave the less heed to the transactions of the Clergy therein because then they were in their Hufte and Height furious with Fire and Fagot so that all done by them de facto cannot be justified for Legal who sometimes borrowed a point of Law even with intent never to repay it in their proceedings It may be proved out of Mr. Fox that some at that time by a cruell Prolepsis antedated the burning of some Martyrs before the Writ de Haeretico Comburendo came unto them Wherefore all their actions
humbly desiring your Grace as the same hath heretofore so from henceforth to shew your Graces minde and opinion unto us what your high Wisdome shall think convenient which we shall most gladly hear and follow if it shall please God to inspire us so to doe with all submission and humility beseech the same following the steps of of your most Noble Progenitors and conformably to your our own Acts doe maintain and defend such Laws and Ordinances as we according to our calling and by Authority of God shall for his honour make to the edification of vertue and maintaining Christs faith of which your Highnesse is named Defender and hath been hitherto indeed a special Protector Furthermore whereas your said Lay Subjects say that sundry of the said Laws extend in certain causes to your excellent Person your Liberty and Prerogative Royal and to the interdiction of your Land and Possessions To this your said Orators say that having submitted the tryal and examining of the Laws made in the Church by us and our Predecessors to the just and straight Rule of Gods Laws which giveth measure of Power Prerogative and Authority to all Emperors Kings Princes and Potentates and all other we have conceiv'd such opinion and have such estimation of your Majesties goodnesse and vertue that whatsoever any persons not so well learned as your Grace is would pretend unto the same whereby we your most humble Subjects may be brought in your Graces displeasure and indignation surmising that we should by usurpation and presumption extend our Laws to your most noble Person Prerogative and Realm yet the same your Highnesse being so highly learn'd will of your own most bounteous goodnesse facilly discharge and deliver us from that envy when it shall appear that the said Laws are made by us or out Predecessors conformable and maintainable by the Scripture of God and determination of the Church against which no Laws can stand or take effect Somewhat to this purpose had been before endeavoured by the Commons in the last Parliament of King Edw. 3. of which because they got nothing by it but only the shewing of their teeth without hurting any body I shall lay nothing in this place reserving it to the time of the long Parliament in the Reign of King Charles when this point was more hotly followed and more powerfully prosecuted than ever formerly What sayes our Author unto this Findes he here any such matter as that the Laity at their pleasure could limit the Canons of the Church Or that such Canons in whatsoever touched temporals were subject unto secular Laws and National Customes And here of I desire the Reader to take special notice as that which is to serve for a Catholicon or general Antidote against those many venomous insinuations which he shall meet with up and down in the course of this History As for the case in which our Author grounds this pestilent Position it was the Canon made in a Synod at Westminster in the time of Anselm Anno 1102. prohibiting the sale of men and women like brute beasts in the open Market Which Canon not finding presently an universal obedience over all the Kingdome as certainly ill customes are not easily left when they are countenanced by profit occasioned our Author to adventure upon this bold assertion Fuller I conceived it uncivil to interrupt the Animadvertor in his long discourse until he had ended it and now professe I know not how it maketh in opposition to what I said and heartily wish that the Reader may understand it better than I doe It cannot be denyed but that the Clergy did claim and challenge a power and sometimes de facto executed it over the temporal Estates of the Laâ—ty for I behold the Clergy more bound because binding themselves by their representatives unto their Canons yet they never peaceably injoyed their Power as constantly checkt and controled by the Laws of the Land in such things wherein the Temporal Estate Life and Limb of Persons were concerned We have an eminent instance hereof in the Canon occasioning this discourse Anselme makes a Constitution and that indeed charitable and Christian against the sale of men and women like brute beasts in the open market place Now such persons sold slaves and Vassals as I understand it being the Goods and Chattels of their Masters the proprietaries and owners of their Bodies they would not part with their right in obedience to the Canon Suppose a Convocation some thirty years agoe should have made a Canon without any confirmation from Parliament That no Merchant living in England should by his Factors sell any Negroes or Blacks in the Barbadoes which formerly he had bought in Guinnie it would not oblige to the observation thereof because in such matters wherein propertie was concerned the Canon must say to the Common-Law By your leave Sir I have writen nothing in this point buâ— what I have a good Author for And seeing the Animadvertor in his Geography hath been pleased to tell a passage betwixt him and his fathers man let me relate another wherein my self was concerned knowing it to be as true and hoping it to be as well applyed Some three years since walking on the Lords day into the Park at Copthall the third son a child in coats of the Earl of Dorset desired to goe with me whereof I was unwilling fearing he should straggle from me whilest I meditated on my Sermon And when I told him that if he went with me he would lose himself he returned Then you must lose your self first for I will goe with you This rule I alwayes observe when medling with matters of Law because I my self am a child therein I will ever goe with a man in that faculty such as is most eminent in his profession à cujus latere non discedam so that if he lose me he shall first lose himself as hereafter when we grapple together in this Controversie will appear As for this particular case for I will engage no further for the present this Canon did not dispossesse Masters of their property in their Vassals and no meaner than Mr. Selden is my conductor herein stiled hereafter by the Animadvertor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that renowned Humanitian and Philologer Yea I entred my Author in the Margin had the Animadvertor been pleased to take notice thereof Spiceleg ad Edmerium page two hundred and eight Neque sane Canon hic aut alia apud nos lata Lex id juris hactenus adeo refixit quin in Iurisconsultorum nostratium Commentariis passim Legibus quibus utimur consonum agnoscatur Neither truly this Canon or any other Law made amongst us hath hitherto unfastened this right but that in the Comments or Reports of our Common Lawyers it is acknowledged consonant to those Laws which we use And though in processe of Time first conscientious then all Masters laudibly submitted themselves to this Canon forbearing such sales yet were they not by
to a more pleasant tune from barking for food to the blessing of those who procured it Now let any censure this a digression from my History for though my Estate will not suffer me with Job to be eyes to the blind and feet to the lame I will endeavor what I can to be a tongue for the Dumbe Let the Reader judge betwixt me and the Animadvertor whether in this particular matter controverted I have not done the poor Clergy as much right as lay in my power and more than consisted with my safety Dr. Heylin Our Author proceeds Fol. 357. But this was done without any great cost to the Crown onely by altering the Property of the place from a late made Cathedral to an Abbey Our Author speaks this of the Church of Westminster which though it suffered many changes yet had it no such change as our Author speaks of that is to say from a Cathedral to an Abbey without any other alteration which came in between c. Fuller I said not that it was immediatly changed from a Cathedral to an Abbey but that it was changed and that without any great cost to the Crown so my words want nothing but a candid Reader of them Dr. Heylin Our Author proceeds Fol. 359. Nor can I finde in the first year of Queen Elizabeth any particular Statute wherein as in the reign of King Henry the eight these Orders are nominatim suppressed c. But first the several Orders of Religious Persons were not suppressed nominatim except that of St. Iohns by a Statute in the time of King Henry the eighth Secondly if there were no such Statute yet was it not because those Houses had no legal settlement as it after followeth Queen Mary being vested with a power of granting Mortmains and consequently of founding these Religious Houses in a legal way Thirdly there might be such a Statute though our Author never had the good luck to see it and yet for want of such good luck I finde him apt enough to think there was no such Statute Et quod non invenit usquam esse putat nusquam in the Poets language c. Fuller I could not then finde the Statute and I am not ashamed to confesse it Let those be censured who pretend to have found what they have noâ— and so by their confidence or impudence rather abuse Posterity Since I have found a Copy thereof in Sr. Thomas Cottons Library with many Commissions granted thereupon for the dissolution of such Marian foundations Dr. Heylin Our Author proceeds Fol. 369. Jesuits the last and newest of all Orders The newest if the last there 's doubt of that But the last they were not the Oratorians as they call them being of a later brood The Iesuites founded by Ignatius Loyola a Spaniard and confirmed by Pope Paul the third Anno 1540. The Oratorians founded by Philip Merio a Florentine and confirmed by Pope Pius the fourth Anno 1564. By which accompt these Oratorians are younger Brethren to the Iesuits by the space of four and twenty years and consequently the Iesuites not the last and newest of Religious Orders Fuller Writing the Church-History of Britain I herein confined my expression thereunto The Iesuites are the last and newest Order whose over-activity in our Land commends or condemns them rather to publick notice Idem est non esse non apparere The Oratorians never appeared in England save an handfull of them who at Queen Maries first arrival from France onely came Hither to goe hence a few moneths after THE SEVENTH BOOK Containing the Reign of King Edward the sixth Dr. Heylin WE are now come unto the Reign of King Edward the sixth which our Author passeth lightly over though very full of action and great alterations And here the first thing which I meet with is an unnecessary Quaere which he makes about the Injunctions of this King Amongst which we finde one concerning the religious keeping of the Holy-dayes in the close whereof it is declared That it shall be lawfull for all people in time of Harvest to labour upon Holy and Festival dayes and save that thing which God hath sent and that scrupulosity to abstain from working on those dayes doth grievously offend God Our Author hereupon makes this Quaere that is to say fol. 375. Whether in the 24 Injuâ—ction labouring in time of Harvest upon Holy-dayes and Festivals relateth not onely to those of Ecclesiastical Constitution as dedicated to Saints or be inclusive of the Lords-day also Were not our Author a great Zelot for the Lords-day-Sabbath and studious to intitle it to some antiquity we had not met with such a Quaere The Law and practise of those times make this plain enough c. Fuller It is better to be over doubtfull than over confident It had been much for the credit and nothing against the Conscience of the Animadvertor if he had made quaeries where he so positively and falsly hath concluded against me Now my Quaere is answered And I believe that the Lords Day was included within the numbâ—r of holy dayes and common work permitted thereon This maketh me bespeak my own and the Readers justly suspecting that the Animadvertor will not joyn with us herein on this account thankfulnesse to God That the Reformation since the time of King Edward the sixth hath been progressive and more perfected in this point amongst the Rest in securing the Lords-day from servile imployments Dr. Heylin Our Author proceeds Fol. 386. In the first year of King Edward the sixth it was recommended to the care of the most grave Bishops and others assembled by the King at his Castle at Windsor and when by them compleated set forth in Print 1548. with a Proclamation in the Kings name to give Authority thereunto being also recommended unto every Bishop by especial Letters from the Lords of the Councel to see the same put in execution And in the next year a penalty was imposed by Act of Parliament on such who should deprave or neglect the use thereof Our Author here mistakes himself and confounds the businesse making no difference between the whole first Liturgy of King Edward the sixth and a particular form of Administration c. Fuller Iâ— the Reader by perusing this Note of the Animadvertor can methodize the Confusion charged on me I shall be right glad thereof And I wish that the nice distinction of the Liturgie and the form of Administration may be informative unto him more than it is to me The close of this Animadversion whether this Book brought under a Review much altered in all the parts and offices of it be unto the better or unto the worse Leaves it under a strong suspition of the negative in the Judgement of the Animadvertor And now I shall wonder no more at the Animadvertors falling foul on my Book who as he confesseth am not known unto him by any injurie Seeing such distance in our judgements that he conceiveth the
time but others which were meerly new were Thrice read on the same token that it occasioned the contest betwixt the Prolocutor and Doctor Holdsworth Dr. Heylyn But I needed not to have signified that our Author was one of the Committee he will tell it himself and he will tell us more then that publishing himself for one of the thirty six Dissenters the better to ingratiate himself with the rising side The next day so he lets us knovv We all subscribed the Canons suffering our selves according to the order of such Meetings to be all concluded by the majority of Votes though some of US in the Committee privately dissented in the passing of many particulars So then our Author was content to play the good-fellow at the last and go along hand in hand with the rest of his company dissenting privately but consenting publickly which is as much as can be looked for Fuller It is not worth the while for him who is falling into the grave to endeavour to ingratiate himselfe with any rising-side I appeal to the Animadvertor's own Conscience if I have not written the plaine truth herein Dr. Heylyn Our Author proceeds Ibid. No sooner came these Canons abroad into a publick view but various were mens censures upon them Not possible that in such a confusion both of affections and opinions it should otherwise be Non omnibus una voluntas was a note of old and will hold true as long as there are many men to have many minds And yet if my information deceive me not these Canons found great approbation from the mouths of some from whom it had been least expected particularly from Justice Crook whose Argument in the case of Ship-mony was printed afterwards by the Order of the House of Commons Of whom I have been told by a person of great worth and credit that having read over the Book of Canons when it first came out he lifted up his hands and gave hearty thanks to Almighty God that he had liv'd to see such good effects of a Convocation It was very well that they pleased him but that they should please all men was not to be hoped for Fuller This is all additory nothiâ—g at all opposite to what I have written so we may proceed Dr. Heylyn Our Author proceeds fol. 171. Many took exception at the hollowness of the Oath in the middle thereof having its bowels puffed up with a windy c. a cheveral word which might be stretched as men would measure it Of this c. which has made so much noise in the world I shall now say nothing Somewhat is here subjoyn'd by our Author in excuse thereof the rest made up by the Observator Onely I shall make bold to ask him why he observ'd not this c. when the Oath was first under consideration or why he signified not his dissent when it came to the Vote and shewed some reasons which might move him to object against it It had been fitter for a wise and juditious man to signifie his dislike of any thing when it might be mended then to joyne with others in condemning it when it was past remedy Fuller I was not sensible of any just cause of exception therein The Animadvertor confesseth that I have subjoyned some what in the excuse thereof And set me add that that somewhat is as much to purpose in the defence of that Oath being borrowed from as learned and pious a pen as England then enjoyed as any thing that the Animadvertor or his party can alledge Wherefore except joyning with those who do defend it be the same with joyning with those who do condemne it the Animadvertor hath unjustly ranked me amongst the latter Dr. Heylyn But Mala mens malus animus as the saying is The Convocation had no ill intent in it when they passed it so though some few out of their perversness and corrupt effections were willing to put their own sense on it and spoil an honesâ— meaning Text with a factious Gloss. But let us follow our Author as he leads the way and we shall find that Ibid. Some Bishops were very forward in pressing this Oath even before the time thereof For whereas a liberty was allowed to all to deliberate thereon untill the Feast of Michael the Arch-angel some presently pressed the Ministers of their Diocesses for the taking thereof It seems by this that our Author was so far from taking notice of any thing done in the Convocation when the Canon for the Oath was framed that he never so much as looked into the Canon it self since the Book came out He had not else dreamt of a liberty of Deliberation till the Feast of St. Michael the Arch-angel which I am sure the Canon gives not The Synod did indeed decree that all Arch-bishops and Bishops and all other Priests and Deacons in places exempt or not exempt should before the second day of November next ensuing take the following Oath against all innovation of Doctrine or Discipline By which we see that the Oath was to be given and taken before the second of November but no such thing as Liberty of Deliberation till the Feast of St. Michael And therefore if some Bishops did press the Clergy of their severall and respective Diocesses as soon as they returned home from the Convocation they might well do it by the Canon without making any such essay of their activity if providence as our Author most wisely words it had not prevented them Fuller Though there was no Solemn Order entered or printed yet am I sure having cause to be assured thereof such a condescention was agreed on and I know who did plead the Benefit of such Deliberation on the same token it was denied it him Dr. Heylyn If any of the Bishops did require their Clergy to take the Oath upon their knees as he saies they did though it be more then was directed by the Canon yet I conceive that no wise man would scruple at it considering the gravity and greatness of the business which he was about Fuller The Oath of Allegiance and Supremacy being of as high and holy a nature and concernment are never urged in that posture All things are disposed of by divine Providence and let the Doctor write against me what he pleaseth but take heed how he writes corrective Animadversions on the proceedings of the Greatest and Best of Beeings Dr. Heylyn But then Ibid. The Exception of Exceptions was because they were generally condemned as illegally passed to the prejudice of the fundamentall liberty of the Subject whereof we shall hear enough in the next Parliament Not generally condemned either as illegally passed or as tending to prejudice of the Subjects Rights I am sure of that Scarse so much as condemned by any for those respects but by such whom it concern'd for carrying on of their Deâ—ignes to weaken the authority of the Church and advance their own But because our Author tells us that we shall find enough of this
in the following Parliament we are to follow him to that Parliament for our satisfaction And there we find that Mr. Maynard made a Speech in the Committee of Lords against the Canons made by the Bishops in the last Convocation in which he endeavoured to prove c. Fuller Diogenes being demanded what one should give him to strike on the head as hard as he could Give me sayed he but an Helmet Well fare my Helmet the seasonable interposition of the word ENDEAVOURED which hath secured me from the blowes of the Animadvertor and perchance his hand thereby retunded Besides I have a double Helmet Master now Serjeant Mainard no lesse eminently known for his skill in Law than for his love to the Clergy by pleading so effectually in his success as well as desire for their Tithes Wherefore being weary with this long contest I resolve for a while even to take my naturall rest and will quietly sleep untill Iogged by that which particularly concerneth me Dr. Heylyn Endeavoured to prove that the Clergy had no power to make Canons without common consent in Parliament because in the Saxon's times Lawes and Constitutions Ecclesiasticall had the confirmation of Peers and sometimes of the People to which great Councills our Parliaments do succeed Which Argument if it be of force to prove that the Clergy can make no Canons without consent of the Peers and People in Parliament it must prove also that the Peers and People can make no Statutes without consent of the Clergy in their Convocation My reason is Because such Councels in the times of the Saxons were mixt Assemblies consisting as well of Laicks as of Ecclesiasticks and the matters there concluded on of a mixt nature also Laws being passed as commonly in them in order to the good governance of the Common-wealth as Canons for the regulating such things as concern'd Religion But these great Councels of the Saxons being divided into two parts in the times ensuing the Clergy did their work by themselves without any confirmation from the King or Parliament till the submission of the Clergy to King Henry the Eighth And if the Parliaments did succeed in the place of those great Councells as he saies they did it was because that antiently the Procurators of the Clergy not the Bishops onely had their place in Parliament though neither Peers nor People voted in the Convocations Which being so it is not much to be admired that there was some checking as is said in the second Argument about the disuse of the generall making of such Church-Laws But checking or repining at the proceeding of any Superiour Court makes not the Acts thereof illegall for if it did the Acts of Parliaments themselves would be reputed of no force or illegally made because the Clergy for a long time have checkt and think they have good cause to check for their being excluded Which checking of the Commons appears not onely in those antient Authors which the Gentleman cited but in the Remonstrance tendred by them to King Henry the Eighth exemplified at large in these Animadversions lib. 3. n. 61. But because this being a Record of the Convocation may not come within the walk of a Common Lawyer I shall put him in mind of that memorable passage in the Parliament 51 Edw. 3d. which in brief was this The Commons finding themselves aggrieved as well with certain Constitutions made by the Clergy in their Synods as with some Laws or Ordinances which were lately passed more to the advantage of the Clergy then the Common People put in a Bill to this effect viz. That no Act nor Ordinance should from thenceforth be made or granted on the Petition of the said Clergy without the consent of the Commons and that the said Commons should not be bound in times to come by any Constitutions made by the Clergy of this Realm for their own advantage to which the Commons of this Realm had not given consent The reason of which is this and 't is worth the marking Car eux ne veulent estre obligez a nul de vos Estatuz ne Ordinances faitz sanz leur Assent Because the said Clergy did not think themselves bound as indeed they were not in those times by any Statute Act or Ordinance made without their assent in the Court of Parliament But that which could not be obtain'd by this checking of the Commons in the declining and last times of King Edward 3. was in some part effected by the more vigorous prosecution of King Henry 8. who to satisfie the desires of the Commons in this particular and repress their checkings obtained from the Clergy that they should neither make nor execute any Canons without his consent as before is said so that the Kings power of confirming Canons was grounded on the free and voluntary submission of the Clergy and was not built as the third Argument objecteth on so weak a foundation as the Pope's making Canons by his sole power the Pope not making Canons here nor putting his Prescripts and Letters decretory in the place of Canons but onely as a remedy for some present exigency So that the King's power in this particular not being built upon the Popes as he said it was it may well stand That Kings may make Canons without consent of Parliament though he saith they cannot But whereas it is argued in the fourth place that the clause in the Statute of Submission in which it is said that the Clergy shall not make Canons without the Kings leave doth not imply that by His leave alone they may make them I cannot think that he delivered this for Law and much less for Logick For had this been looked on formerly as a piece of Law the Parliaments would have check'd at it at some time or other and been as sensible of the Kings enchroachments in executing this power without them as antiently some of them had been about the disuse of the like generall consent in the making of them Fuller DORMIT SECURUS Dr. Heylyn Fol. 180. In the next place our Author tells us that Mr. Maynard endeavoured also to prove that these Canons were against the King's Prerogative the Rights Liberties and Properties of the Subject And he saith well that it was endeavoured to be proved and endeavoured onely nothing amounting to a proof being to be found in that which followes It had before been Voted by the House of Commons that the Canons are against fundamentall Laws of this Realm against the Kings Prerogative Property of the Subject the Right of Parliament and do tend to faction and sedition And it was fit that some endeavours should be used to make good the Vote But this being but a generall charge requires a generall answer onely and it shall be this Before the Canons were subscribed they were imparted to the King by the Arch-bishop of Canterbury and by the King communicated to the Lords of the Councill who calling to them the assistance of the Judges and