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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25430	Memoirs of the Right Honourable Arthur, Earl of Anglesey, late lord privy seal intermixt with moral, political and historical observations, by way of discourse in a letter : to which is prefixt a letter written by his Lordship during his retirement from court in the year 1683 / published by Sir Peter Pett, Knight ...	Anglesey, Arthur Annesley, Earl of, 1614-1686.; Pett, Peter, Sir, 1630-1699.	1693 (1693)	Wing A3175; ESTC R3838	87,758	395

above them to him I commit you and in him I am Your Affectionate Friend and Servant ANGLESEY Memoirs Of the Late Earl of Anglesey c. SIR I Have not that time I wish to thank you particularly enough for your Discourse in a Letter to me and writ to me when I was Lord Privy Seal on the Occasion mentioned in your Preface I am so much a lover of my Country that I would be content to have all the Dirt and Shamm again thrown on me by any such Infamous Witness as He was if it might Occasion the Enriching it with the Treasure of such an other Discourse I did not account it a Solamen that not only the Earl of Peterburgh but his Majesty were participants with me in the Calumnious Affidavit Published against me but was sorry and ashamed for the Effrontery of the Infamous Swearer extending it self so far and likewise glad that after I was sufficiently vindicated by your Pen you took the pains so Learnedly to State the Notion of Infamous Witnesses for Illuminating the Age therein I know that in the Hot times of the Martyrocracy as you call it it would not have been for the Advantage of my self or others so unworthily then treated by it for you to have then used Personal Invectives to have rendred any Witness more odious and when likewise it would have proved more dangerous to you than Scandalum Magnatum You having mentioned what Authority of Testimony or real Weight and Worth there should be to Convict a person of such Authority and that Diamonds are not to be Cut but with the dust of Diamonds and that it is not for nothing that the Scripture Cautions the not receiving an Accusation against an Elder but by two or three Witnesses and how the Canon Law requires 72 Witnesses to Convict a Cardinal Bishop accused of any Crime but Heresie and 26 to Convict a Cardinal Deacon and 7 to Convict any Clerk did afterward very justly commend our Iudges for having at a known Tryal acquainted the Iury that they are carefully to weigh the Credibility of Witnesses Pardoned for Perjury and did learnedly shew out of the Canonists and Schoolmen that the Pope himself with the plenitude of his pretended Monarchical Power cannot by his Pardon wash away the infamia facti and thereby did sufficiently rescue my self and other Honest Men from the foul Hands of Infamous Witnesses And that one Notion of yours though softly insinuated and with the Gentleness of a Philosopher that a Man Pardoned for Infamy is to be allowed as a Credible Witness only after it hath been found that he hath acquired anhabit of Virtue by the Series of many Actions in the following part of his Life no Man being supposed able in a desultory way to leap out of a rooted habit of Vice into an Heroical Habit of Virtue and so è contrà was in effect a Thunderclap against the Testimony of the Infamous Person who Slandered me by his Affidavit and which too might serve to Deter all Infamous Persons in that Conjuncture from daring to try to run Men of probity down with the noise of Shamme And your afterwards rendring such Persons capable of being Accusers in the point of Treason and even as Hereticks are allowable by the Canonists to accuse a Pope of Heresy was enough pleasing to me As were likewise the Curious and Soft strokes of your Rhetorick and Reason in the following Page when on the grounds of the dark Colours of such Persons in general who cheated their Countrymen by Retail and who had long acted only Devils parts on the Stage of the World and been Malefactors you lay the bright ones of saving their Country by Whole-Sale and being Benefactors c. and whereby as I may say you have in effect gilded the Pillory for them and have added to the number of the Spectators of their shame and by those soft strokes provided for the Deletion of that Government of the Witnesses better than the most bold touches could then have done That Empire of theirs which you then weighed hath been since naturally destroyed And your having mentioned such having long acted the Parts of Devils brings into my mind what I somewhere met with Cited out of Melchior Adam's Liv●s of the German Divines and with which I shall here Divert you as you have me with some apposit pleasant passages in your Letter Namely that Bucholeer said by way of Counsel to one of his Friends going to live at Court Fidem Diabolorum tibi commendo c. and take heed how you believe Men's promises there otherwise than warily and with fear Your weighty Notion of the Incredibility of any things sworn being to be much regarded in the Depositions of the most Credible Persons inclined me to a necessary Caution and Fear as to the Truth of those Oaths assertory when both Incredible Persons Swearing and Incredible things Sworn were in the Case I was therefore without any fear as I may say an Athanasius against the World of our three Estates when I did as you mention publickly give my Vote that there was no such IRISH PLOT as was Sworn by the Witnesses And what my Sense was of any Irish or English Papists PLOT I shall not here take occasion to express but yet as to some persons Convicted of the Popish Plot in England upon the Oaths of Witnesses who appeared in the Eye of the Law then probi legales homines I was so fearful of the Defects of some Witnesses and their sayings that I being then Lord Privy Seal interceded as earnestly as I could with the King my Master to grant his Pardon particularly in the Case of Mr. Langhorne and the Titular Arch-Bishop Plunkett and was as Active as any in the House of Lords in Exploding the Infamous Accusation of the most Vertuous then Queen Consort And though in the unfortunate Lord Staffords Case I going Secundum allegata probata I gave my Judgment as I did yet his late Majesty did publicly acknowledge that I was an Importunate Solicitor with him for his Lordships Pardon as well as for the Pardon of Langhorne and Plunkett above mentioned And you have done me but Iustice in mentioning that I interceded with his late Majesty for the Releasing of all Lay and Clerical Papists whatsoever out of the Prisons who were not charged with the Popish Plot And which I moved to his Majesty in the warmest time of the late Hot Conjuncture I was always of your Mind in what you mention that 't is easier to give our Account to God for Mercy than Iustice and do more thank you for the Representing my Habitual and Natural Inclination to do all the good I can to all Mankind and to make every miserable Man I know and cannot help yet sure of my Compassion than for your having ventured by your kind Opinion to Multiply or Magnifie any intellectual Talents in me I easily foresaw at that time that my then shewing the Humanity of

called A Manuduction or Introduction unto Divinity containing a Confutation of Papists by Papists c. by Tho. James Doctor of Divinity late fellow of New-Colledge in Oxford and Sub Dean of the Cathedral Church of Wells printed at Oxford 1625. The Book is full of great Learning and Dedicated to the then Lord Keeper Bishop of Lincoln And there under his third proposition viz. the King is not Subject to any Foreign Iurisdiction he tells us in p. 40. that K. Henry the 8th being at Variance with the Pope a Parliament was called within two years and a Motion was made therein that the King should be declared Head of the Church But his Majesty refused till he had Advised with his Universities of that point And whilst the Parliament Sate God in whose Hand the Hearts of Princes are so disposing it the King reflecting belike on Wickliffs former Articles directing his Letters to the University of Ox. about Electing the Bp. of Lincoln into the Chancellorship of the University of Oxford in the room of Arch-Bishop Warham lately Deceased After the Accomplishment whereof saith the King our Pleasure and Commandment is that ye as shall beseem Men of Vertue and profound literature diligently intreating examining and discussing a certain question sent from us to you concerning the Power and Primacy of the Bishop of Rome send again to us in writing under your common Seal with convenient Speed and Celerity your mind Sentence and assertion of the Question according to the mere and sincere Truth of the same willing you to give Credence to our Trusty and Well-beloved this bringer your Commissary As well touching our further pleasure in the premisses as for other matters c. Given under our Signet at our Mannor of Greenwich the 18 th Day of May. 'T is there said in the Margent Ex Registro Act. in archivis Academiae Oxon. Ad Ann. Dom. 1534. p. 127 c. The Doctor then thus goeth on Upon the Receipt of these Letters the University at that time for ought we know consisting all of Papists being assembled in Convocation Decreed as followeth That for the Examination Determination and Decision of this question sent unto them to be Discuss'd from the Kings Majesty whether the Bishop of Rome had any greater Jurisdiction Collated upon him from God in the Holy Scripture than any other Foraign Bishop that there should be Deputed thirty Divines Doctors and Batchelors of Divinity to whose Sentence Assertion or Determination or the greater part of them the Common Seal of the University in the Name thereof should be annexed And then sent up to his Majesty And the 27 th of June in the year of our Saviour 1534. this Instrument following was made and sent up Sealed with the Common Seal of the University The Instrument it self is in Latin but is in English thus To all the Sons of our Mother the Church to whom these present Letters shall come Iohn by the Grace of God Chancellour of the Famous University of Oxon and the whole Assembly of Doctors and Masters Regents and not Regents in the same greeting Whereas our most Noble and Mighty Prince and Lord Hen. the 8 th by the Grace of God of England and France King Defender of the Faith and Lord of Ireland upon the continual Requests and Complaints of his Subjects Exhibited unto him in Parliament against the intolerable exactions of Foreign Jurisdictions and upon divers Controversies had and moved about the Jurisdiction and Power of the Bishop of Rome and for other divers and urgent Causes against the said Bishop then and there expounded and declared was sent unto and humbly desired that he would provide in time some fit Remedy and satisfie the Complaint of his dear Subjects He as a most prudent Solomon minding the good of his Subjects over whom God hath placed him and deeply pondering with himself how he might make good and wholsom Laws for the Government of his Common-Wealth and above all things taking care that nothing be there resolved upon against the Holy Scriptures which he is and ever will be ready to Defend with Hazard of his Dearest Blood out of his deep Wisdom and after great pains taken hereabouts hath Transmitted and sent unto his University of Oxon a certain question to be Disputed viz. whether the Bishop of Rome hath any greater Jurisdiction granted to him from God in the Holy Scriptures to be exercised and used in this Kingdom than any other Foraign Bishop and hath commanded us that disputing the question after a diligent and mature Deliberation and Examination of the premisses we should certifie his Majesty under the Common Seal of our University what is the true meaning of the Scriptures in that behalf according to our Judgments and Apprehensions We therefore the Chancellor Doctors and Masters above Recited daily and often remembring and altogether weighing with our selves how good and godly a thing it is and Congrous to our Profession befitting our Submissions Obediences and Charities to foreshew the way of Truth and Righteousness to as many as desire to tread in her steps and with a good sure and quiet Conscience to Anchor themselves upon Gods Word We could not but endeavour our selves with all the possible care that we could devise to satisfie so Just and Reasonable a Request of so great a Prince who next under God is our most Happy and Supream Moderator and Governor Taking therefore the said question into our Considerations with all Humble Devotion and due Reverence as becometh us and Assembling our Divines together from all parts taking time enough and many days space to Deliberate thereof diligently religiously and in the fear of God with zealous and upright Minds first searching and searching again the Book of God and the best Interpreters thereupon disputing the said questions Solemnly and Publickly in our Schools have in the end unanimously and with joynt consent resolved upon the Conclusion that is to say That the Bishop of Rome hath no greater Jurisdiction given unto him in Scripture than any other Bishop in this Kingdom of England Which our Assertion Sentence or Determination so upon deliberation maturely and throughly discussed and according to the Tenor of the Statutes and Ordinances of this our University concluded upon publickly in the Name of the whole University we do pronounce and testifie to be sure certain and consonant to the Holy Scripture In witness whereof we have caused these our Letters to be written Sealed and ratified by the Seal of our University Given in our Assembly House the 27 th of the Month of Iune in the year of Christ 1534. I took care formerly to satisfie the Curious by my taking a Copy of this Rescript out of the Records in the Registry of the Vniversity of Oxford and which I not being able at present to find among my Papers have sent you this English Translation of it as Printed in that Book of Dr. Iames's That Book of his any one may see in the Catalogue

of the Bodleian Library and of which Library he was the Head-keeper And in that Office very Diligent and Careful and was a Person of great Learning and Probity The Knowledge of this Rescript of that Vniversity and likewise of the other of Cambridge is necessary to all who will be Masters of the Knowledge of the History of those times For the Author of a Book in Quarto Printed in Oxford in the year 1645. called the Parliaments power in Laws for Religion having there in p. 4. said that the third and Final Act for the Popes Ejection was an Act of Parliament 28. H. 8th c. 10. entituled an Act extinguishing the Authority of the Bishop of Rome Saith it was usher'd in by the Determination first and after by the practice of all the Clergy for in the Year 1534. which was two years before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monastery's of the Kingdom That is to say An aliquid authoritatis in hoc Regno Angliae Pontifici Romano de Jure competat plusquam alii cuicunque Episcopo extero By whom it was Determined Negatively that the Bishop of Rome had no more power of Right in the Kingdom of England than any other Foraign Bishop which being Testified and return'd under their Hands and Seals respectively the Originals whereof are still remaining in the Library of Sir Robert Cotton was a good preamble to the Bishops and the rest of the Clergy Assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof Subscribed by the Hands of all the Bishops and others of the Clergy and who afterward confirm'd the same by their Corporal Oaths The Copies of which Oaths and Instruments you shall find in Foxes Acts and Monuments vol. 2. fol. 1203. and 1211. of the Edition of John Day An. 1570. And this was semblably the ground of a following Statute 35. H. 8. c. 1. Wherein another Oath was devised and ratified to be imposed upon the Subject for the more clear asserting of the Kings Supremacy and the utter exclusion of the Popes for ever Which Statutes though they were all Repeal'd by one Act of Parliament 1st and 2d of Phillip and Mary C. 8. Yet they were brought in force again 1 Eliz c. 1. My Lord Herbert in his History of Henry the 8 th under the year 1534. and the 26 th year of his Reign p. 408. telling us that it was Enacted that the King by his Heirs and Successors Kings of England should be Accepted and Reputed the Supream Head on Earth of the Church of Eng. called Ecclesia Anglicana c. saith that that Act though much for the manutention of the Regal Authority seem'd not yet to be suddenly approved by our King nor before he had consulted with his Counsel c. and with his Bishops who having discussed the point in their Convocations declared that the Pope had no Iurisdiction warranted to him by Gods Word in this Kingdom which also was seconded by the Vniversities and by the Subscriptions of the several Colledges and Religious Houses c. Most certainly Hen. the 8 th's gaining this point that the Bp. of Rome hath no more power here by Gods Word than any other Foraign Bishop was of great and necessary use in order to the effectual withstanding the Papal Usurpations and was re verâ the gaining of a Pass and for which end he made use of intellectual Detachments from his Vniversities And suitably to the Wisdom of our Ancestors here in Henry 8 ths time any Popish Prince abroad who intends effectually to Combat the Papal Usurpations must first gain that Pass For the effect of the common sayings in Natural Philosophy that Natura non conjungit extrema nisi per media and that Natura non facit Saltum must likewise obtain in Politicks when the Nature of things is operating there toward a Reformation of Church or State And this weighty Rescript of the Vniversity of Oxford not being Printed in Dr. Burnets excellent Historical Books of the Reformation nor yet in Fox his Martyrology and now Published here as set down in English by Dr. Iames may perhaps serve usefully to illuminate the World abroad about the way of its Transitus from Popery But here I shall observe that though I find in Mr. Fox his Acts and Monuments Printed in 3 Volumes in London for the Company of Stationers An. 1641. the Iudgment of the Vniversity of Cambridge is there set down in p. 338. and relates to the same year with the Oxford Rescript namely the year 1534. yet it doth not there appear to be a Rescript to King Henry 8 th by way of return to a Letter from his Majesty and it begins thus Vniversis sanctae Matris Ecclesiae filijs ad quos praesentes literae perventurae sunt Caetus omnis Regentium non Regentium Academiae Cantabrigiensis salutem in omnium Salvatore Iesu Christo. Cum de Romani Pontificis potestate c. And then follows the Translation of the whole in English and which makes about half of that page 338 and wherein the same Judgment for substance is given with that of the Oxford Rescripts That the Bishop of Rome hath no more State Authority and Iurisdiction given him of God in the Scriptures over this Realm of England than any other extern Bishop hath That Instrument hath not there the Date of any Month to it as the Oxford Rescript hath But in the Body of the Instrument 't is mentioned that the Iudgment of that Vniversity was therein required though not by whom and towards the Conclusion of it 't is Styled an Answer in the Name of that Vniversity and 't is probable that the Iudgment of that Vniversity might have been required by some of the Ministers of King Henry 8 th and by his Order whereas the Oxford Rescript mentioned his Majesties having himself required the Iudgment of that Vniversity in that point What I have here mentioned of the Iudgment of our two Vniversities gives me occasion to take notice of an Oversight of my Lord Herbert in this place of his History by me Cited For he in this p. 408. makes the Vniversities Determining that the Pope had no Iurisdiction warranted to him by Gods Word in this Kingdom whereas he should have Represented their Sense of his not having more here than any other Foraign Bishop And thus you truly express the Sense of their Judgment in this Case when you say p. 70 th of your Book that the Popes Cards were by the Clergy that plaid his Game thrown up as to all claim of more power here by the Word of God than every other Foraign Bishop had And both our Vniversities sent their Iudgments about the same thing to the K. which methinks might make our Papists approach a little nearer to us without any fear of Infection For we allow the Bishop of Rome