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
principal Articles and main branches of it Fuller It is an hard question and yet perchance more dangerous than difficult to answer but the reason I dare alledge is this Even so Father because it pleased thee Let me add that such conscientious observers thereof which have proved unsuccessefull may esteem their losses as Sweet-Bryar and Holy-Thistle and more cordially comfort themselves in such sanctified afflictions than the Infringers of their Charter could content themselves in their successefull oppression I cannot part from this point till I have inserted that Sir Robert Cotton one who had in him as much of the Gentleman Antiquarie Lawyer good Subject and good Patriot as any in England was the Author in his short view of the long reign of King Henry the third who made the observation of those most successefull Kings by whom the Grand-Charter was most conscienciously observed Dr. Heylin Our Author proceeds Fol. 88. The poor Jews durst not goe into France whence lately they had been solemnly banished but generally disposed themselves in Germany and Italy The poor Iews are more beholding to our Author for his commiseration than the high Royalists as he cals them in the former passage But poor or rich they might have passed safely into France had they been so minded For though he tell us that they had been solemnly banished out of France before this time yet either such banishment was repealed or temporary only or as I rather think not so much as sentenced Certain I am our learned Brerewood upon a diligent enquiry hath found it otherwise than our Author doth letting us know That the first Countrey in Christendome whence the Jews were expelled without hope of return was our Countrey of England whence they were banished Anno 1290. by King Edward the first and not long after out of France Anno 1307. by Philippus Pulcher. Not out of France first out of England afterwards as our Author would have it Fuller I wonder any good Christians would be offended with me for pittying them by the name poor Iews If any High royalist as I fear there is too many be in low Estate would it were as well in my power to relieve as to pitty them Till when they shall have my prayers that God would give them patience and support them in their deepest distresse The Author will find that though the Great General and Final banishment of the Jews out of France was Anno 1307. under Philip the Fair yet formely there had been Edicts for their Exile thence Dr. Heylin Our Author proceeds Fol. 100. Thus men of yesterday have pride too much to remember what they were the day before An observation true enough but not well applyed The two Spencers whom he speaks this off were not men of yesterday or raised out of the dirt or dunghill to so great an height but of as old and known Nobility as the best in England insomuch that when a question grew in Parliament whether the Baronesse de Spencer or the Lord of Aburgaveny were to have precedency it was adjudg'd unto de Spencer thereby declar'd the ancientest Barony of the Kingdome at that time then being These two Hughâ—he â—he Father was created Earl of Winchester for term of life and Hugh the Son by marrying one of the Daughters and co-heirs of Gilbert de Clare became Earl of Glocester Men more to be commended for their Loyalty than accused for their pride but that the King was now declining and therefore it was held fit by the prevalent faction to take his two supporters from him as they after did Fuller The two Spencers fall under a double consideration and are beheld in History for their extraction either as Absolutely in themselves Comparatively with others Absolutely they were of honourable parentage and I believe the Elder might be born a Baron whose Baronry by the Heir general is still extant in Mildmay Fane Earl of Westmorland and from the younger House of a Male Heir the Lord Spencer of Wormelayton now Earl of Sunderland doth as I have seen in his Pedigree derive himself Comparatively So were they far inferiour to most of those great persons over whom they insulted being originally Earls and some of them of Royall extraction Again the Two Spencers may and ought by an Historian to be considered as to be 1. Commended for their Loyalty 2. Condemned for their Insolency On the first account they deserve just praise and it is probable enough that they finde the lesse Favour from some Pens for being so Faithfull to so unfortunate a Soveraigne The latter cannot be excused appearing too plain in all our Histories Dr. Heylin Our Author proceeds Fol. 113. The Lord Chancellor was ever a Bishop If our Author by this word ever understands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most commonly or for the most part he is right enough but then it will not stand with the following words viz. as if it had been against equity to imploy any other therein And on the other side if he take the word ever in its proper and more natural sense as if none but Bishops had ever been advanced unto that office he doth not onely misinform the Reader but confute himself he having told us fol. 31. of this present book that Thomas Becket being then but Archdeacon of Canterbury was made Lord Chancellor and that as soon as he was made Archbishop he resign'd that office But the truth is that not onely men in holy Orders but many of the Laity also had attained that dignity as will appear to any who will take the pains to consult the Catalogue of the Chancellors and Keepers of the Great Seal in the Glossary of Sir Henry Spelman in which appear not onely some of inferior dignity as Deans Archdeacons House-hold Chaplains but many also not dignified with any Ecclesiastical Title or Notification and therefore in all probability to be looked on as meer Lay-men Counsellors and Servants to the Kings in whose times they lived or otherwise studied in the Laws and of good affections and consequently capable of the place of such trust and power Fuller May the Reader take notice that this complaint was made by the Commons in the 11th of Edward the 3d Anno 1336. Now Ever I here restrain to the oldest man alive then present in Parliament who could not distinctly remember the contrary from the first of King Edward the first who began his Reign 1272. so that for full 64. years an uninterrupted series of Bishops except possibly one put in pro tempore for a moneth or two possessed the place of Chancellors This complaint of the Commons occasioned that the King some three years after viz. in the fifteenth year of his reign conferred the Chancellors place on a Layman But it was not long before things returned to the old channel of Clergy-men and so generally for many years continued with some few and short interpositions of Lay-men Dr. Heylin Our Author proceeds Fol. 116. This year viz. 1350.
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
have heard my many Sermons on this Subject in London and else where but especially to my Book called TRUTH MAINTAINED made against Mr. Saltmarsh wherein I have heartily to place that first largely and to my power strongly vindicated Non licet Populo renuente Magistratu Reformationem moliri Dr. Heylin Our Author proceeds Fol. 54. This Parliament being very active in matters of Religion the Convocation younger Brother thereunto was little imployed and less regarded Our Author follows this Design of putting matters of Religion into the power of Parliaments though he hath chosen a very ill Medium to conclude the point This Parliament as active as he seems to make it troubled it self so little with matters of Religion that had it done lesse it had done just nothing All that it did was the Repealing of some Acts made in the time of Queen Mary and setling matters in the same State in which she found them at her first coming to the Crown The Common Prayer Book being reviewed and fitted to the use of the Church by some godly men appointed by the Queen alone receiv'd no other confirmation in this present Parliament than what it had before in the last years of King Edward The Supremacy was again restor'd as it had been formerly the Title of Supreme head which seem'd offensive unto many of both Religions being changed into that of Supreme Governor nothing in all this done de novo which could intitle this Parliament to such activity in matters of Religion but that our Author had a minde to undervalue the Convocation as being little imployed and lesse regarded I grant indeed that the Convocation of that year did only meet for forms sake without acting any thing c. Fuller Yea God hath done great things for us already whereof we rejoyce And although the Animadvector is pleased to say That if this Parliament had done lesse it had done just nothing these truly were MAGNALIA so farre as the word is applyable to humane performances Dr. Heylin In the mean time I would fain know our Authors Reason why speaking of the Convocation and the Parliament in the notion of Twins the Convocation must be made the younger Brother Assuredly there had been Convocations in the Church of England some hundreds of years before the name of Parliament had been ever heard of which he that lists to read the collection of Councels published by that learned and industrious Gentleman Sir Henry Spelman cannot but perceive Fuller I confesse Convocations in their general notion more ancient and regular and completely constituted than Parliaments Yet of these Twins I called the Convocation the younger Brother properly enough First Because modern Convocations as modelled since the submission of the Clergy to Henry the eighth are many years junior to Parliaments Secondly The Convocations alwaies began the day after the Parliament the Archbishops and Bishops alwaies attending the King the first day in Parliament Lastly The Parliament hath made a younger Brother of the Convocation And there being a priority in Power he in effect is the Heir and elder Brother who confineth the other to a poor pittance and small portion as our Age can well remember Dr. Heylin Our Author proceeds Fol. 71. This year the spire of Poles steeple covered with lead strangely fell on fire More modestly in this than when he formerly ascribes the burning of some great Abbeys to Lightning from Heaven And so this steeple was both reported and believed to be fired also it being an ordinary thing in our common Almanacks till these latter times to count the time among the other Epoches of Computation from the year that St. Paul-steeple was fired with Lightning But afterwards it was acknowledged as our Author truly notes to be done by the negligence of a Plummer carelesly leaving his Coles therein since which acknowledgement we finde no mention of this accident in our yearly Almanacks But whereas our Author finds no other Benefactors for the repairing of this great Ruine but the Queens bounty and the Clergies benevolence I must needs tell him that these were onely accessories to the principal charge The greatest part hereof or to say better the whole work was by the Queen imposed on the City of London it being affirmed by Iohn Stow that after this mischance the Queens Majesty directed her Letters to the Major willing him to take order for the speedy repairing of the same c. Fuller Non est tanti all this Note The Queen and Clergy are onely mentioned by way of eminence not exclusion of others The Animadvertor commonly layeth it to my charge that in my writing I am injurious to the Church and Clergy and now he is offended with me for giving them too much honour Sure I am Mr. Camden speaking of the repairing of S. Pauls on this occasion ascribes it to the great bounty of the Queen and money gathered of the Churchmen and others where his particular nomination onely of the Queen and Church-men making them paramount Benefactors Dr. Heylin Our Author proceeds Fol. 72. In the Convocation now sitting the nine and thirty Articles were composed agreeing for the main with those set forth in the Reign of King Edward the sixth though in some particulars allowing more liberty to dissenting judgements This is the active Convocation which before I spake of not setâ—ing matters of Religion in the same estate in which they were left by King Edward but altering some Articles expunging others adding some de novo and fitting the whole body of them unto edification Not leaving any liberty to dissenting judgements as our Author would have it but binding men unto the literal and Grammatical sense Fuller But the literal and Grammatical sense is worded in so favourable and receptive terms that two opposite parties both wellâ—skilled in Grammer have with great assurance of successe pleaded them in their defence In such Cases when the Controversie is admissive of a latitude as not necessary to salvation the pious and learned Penners of the Articles though they did not purposely use Cheverel expressions to afford shelter to equivocation yet prudently seeing that all things in the Articles were not of equall concernment and politickly â—ore-seeing men would be divided and differ in their judgements about them selected phrases Grammatically admissive of several senses all consistent with Salvation and would draw their words no closer for fear of strangling tender Consciences Hence is it that in the Question Whether Concupiscence be properly a sin in the Regenerate both parties appeal unto the Article equally perswaded there so finde favour in their several Opinions as indeed like a well drawn Picture it seemeth to Eye them both and yet frown on neither And one may read in the works of King Iames that on this account he highly commendeth the discretion and moderation of the Composers of our Articles Dr. Heylin They had not otherwise attained to the end they aimed at which was ad tollendam opinionum
By the Church of England the Animadvertor meaneth as I believ the Hierarchy the Funerals whereof for the present we do behold However I hope there is still a Church in England alive or else we were all in a sad yea in an unsaluable condition The state of which Church in England I compare to Eutichus I suspect it hath formerly slept too soundly in case and security Sure I am it is since with him fallen down from the third Loft from Honour into Contempt from Unity into Faction from Verity into dangerous Errorsâ— Yet I hope to follow the Allegory that her life is still left in her I mean so much soundness left that persons born living and dying therein are capable of salvation Let such who think the Church of England sick pray for her wonderfull Recovery and such as think her dead pray for her miraculous Resurrection Dr. Heylin But as it seems they feared where no fear was our Author telling us fol. 112. that the Spanish State had no minde or meaning of a Match and that this was quickly discovered by Prince Charles at his coming thither How so Because saith he fol. 112. they demanded such unreasonable liberty in education of the Loyal Offspring and other Priviledges for English Priests c. If this be all it signifies as much as nothing For thus the argument seems to stand viz. The Spaniards were desirous to get as good conditions as they could for themselves and their Party ergo they had no minde to the match Or thus The demands of the Spaniards when the businesse was first in Treaty seem'd to be unreasonable ergo they never really intended that it should proceed Our Author cannot be so great a stranger in the shops of London as not to know that Trades-men use to ask many times twice as much for a Commodity as they mean to take and therefore may conclude as strongly that they doe not mean to sell those wares for which they ask such an unreasonable price at the first demand Iniquum petere ut aequum obtineas hath been the usual practise especially in driving State-bargains or all times and ages And though the Spaniards at the first spoke big and stood upon such points as the King neither could nor would in honour or conscience consent unto yet things were after brought to such a temperament that the Marriage was agreed upon the Articles by both Kings subscrib'd a Proxie made by the Prince of Wales to espouse the Infanta and all things on her part prepared for the day of the Wedding The breach which followed came not from any aversness in the Court of Spain though where the â—ault was and by what means occasioned need not here be said Fuller I expected when the Animadvertor had knocked away my Bowl he would have layed a Toucher in the room thereof but if neither of us have a Bowl in the Alley we must both begin the Game again May the Reader be pleased to know that living in Exeter I had many hours private Converse with the Right Honourable Iohn Digby Earl of Bristow who favoured me so far much above my desert that at his last going over into France where he died he was earnest with me to goe with him promising me to use his own expression that I should have half a loaf with him so long as he had a whole one to himself This I mention to insinuate a probability that I may be as knowing in the Misteries of the Spanish Match as the Animadvertor Double was the Cause of the breach of the Spanish Match One such as may with no lesse truth than safety be related as publickly insisted on in the Parliament viz. the Spanish Prevarication to restore the Palatinate The other secret not so necessary to be known nor safe to be reported And I crave the liberty to conceal it seeing the Animadvertor himself hath his Politick Aposiopaesis breaking off as abruptly as the Spanish Match with this warie reservation though where the fault was and by what Means occasioned need not here to be said Dr. Heylin But well fare our Author for all that who finally hath absolv'd the Spaniard from this breach and laid the same upon King Iames despairing of any restitution to be made of the Palatinate by the way of Treaty Ibid. Whereupon King James not onely broke off all Treaty with Spain but also called the great Councel of his Kingdom together By which it seems that the breaking off of the Treaty did precede the Parliament But multa apparent quae non sunt every is not as it seems The Parliament in this case came before by whose continual importunity and solicitation the breach of the Treaties followed after The King lov'd peace too well to lay aside the Treaties and engage in War before he was desparate of successe any other way than by that of the Sword as was assur'd both of the hands and hearts of his subjects to assist him in it And therefore our Author should have said that the King not onely called together his great Councel but broke off the Treaty and not have given us here such an Hysteron Proteron as neither doth consist with reason nor the truth of story Fuller To be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Covenant-breaker is a foul fault as the Apostle accounteth it Far be it from me to charge it causlesly on any especially on a dead Christian especially on a King especially on King Iames generally represented over-fond of Peace and therefore the more improbable first to infringe it To prevent exception in the next Edition calling the Parliament shall have the precedency of breaking off the Treaty for the Match I suspect that the Animadvertor hath committed a greater transposition when affirming King Iames to have designed the Spanish Match in order to the recovery of the Palatinate Whereas it plainly appears that before any suspicion of troubles in the Palatinate occasioned by P. Fredericks accepting the Crown of Bohemia this Match was projected by K. Iames for P. Henry his eldest Son and after his death resumed for P. Charles without the least relation to the regaining of the not then lost Palatinate I have passed over some additory notes of the Animadvertor in this Kings Reign partly because I perceive my Book swels beyond the expected proportion partly that I may have the more scope to answer every particular objected against me in the Reign of K. Charles in such things which lie level to our own eyes and are within our own remembrance THE ELEVENTH BOOK Containing the Reign of K. Charls Dr. Heylyn THis Book concludes our Authour's History and my Animadversions And if the End be sutable unto the Beginning it is like to finde me work enough our Authour stumbling at the Threshold which amongst Superstitious People hath been counted for an ill Presage Fuller Who I pray stumbled in the beginning of his Animadversions when he said That the Brittains worshipped but one
it would sufficiently secure them from a danger which though suspected was not certain to ensue This afterwards was very eagerly urged against them by a Committee in Parliament and sorry I am that they could not make their answer as clear as the objection Dr. Heylyn But whereas our Author tells us that the whole House consisted but of six score persons it may be thought that he diminisheth the number of set purpose to make his own party seem the greater For in the lower House of Convocation for the Province of Canterbury if all parties summon'd do appear these are no fewer then two and twenty Deans four and twenty Prebâ—ndaries fifty four Archdeacons and forty four Clerks representing the Diocâ—san Clergy amounting in the totall to an hundred forty four persons whereof the thirty six Protestors if so many there were make the fourth part onely Howsoever all parties being not well satisfied with the lawfulness of their continuance his Majesty was advertis'd of it Who upon conference with his Judges and Counsell learned in the Laws caus'd a short Writing to be drawn and subscribed by their severall hands in these following words viz. at White-hall May the 10th 1640. the Convocation being called by the Kings Writ is to continue till it be dissolved by the Kings Writ notwithstanding the dissolving of the Parliament Subscribed by Finch Lord Keeper Manchester Lord Privy Seal Littleton chief Justice of the Common Pleas Banks Atturney Generall whitâ—ield and Heath his Majesties Serjeants Fuller I protest and now will enter my protestation in scriptis that it may be valid I had no designe either to substract from the number in the Convocation or add to those of the Dissentors I believe the Animadvertor is very right in his Arithmetick of Persons in the Provinciall Convocation of Canterbury But concerning the Arch-deacons give me leave once to enlarge my self in stating their true number because it is hard to find either a printed or written Catalogue of them which is exact herein They are generally reckoned up but FIFTY TWO as followeth The two first containing eighteen a piece the last sixteen which are but fifty two in my Arithmetick St. Asaph St. Asaph Bangor Bangor Anglesey Merioneth Bristol Dorset Bath and Wels. Wels. Bath Taunton Canterb. Canterbury Chichest Chichester Lewes Covent Lich. Stafford Derby Covent Salop. Ely Ely Exeter Exeter Cornwall Exeter Toâ—nes Barnstaple Glocester Hereford Hereford Salop. London London Middlesex Essex Colchester St. Albans Lincoln Lincoln Stow. Bedford Buckingham Huntington Leicester Landaff Landaff St. Davids St. Davids St. Davids Carmarthen Cardigan Brecknock Norwich Norwich Norfolk Suffolk Sudbury Oxford Oxford Peterburg Northampton Rochester Rochester Salisbury Wilts Berks. Sarum Winchest Winchester Surrey Worcest Worcester This is the best printed List I have ever seen presented in Weaver's Funerall Monuments having the valuation of each Archdeaconry annexed taken as he saith and I believe him therein out of Sir Cotton's Library and yet I am sure it is not compleat Wherefore I supply Warwick in the Diocesse of Worcester as I find it in a more perfect written Catalogue And yet still one is wanting even Westminster whoâ—e Church was advanced to the See of a Bishop by King Henry the Eighth and though since it hath been set back from a Cathedrall to a Collegiat-Church yet it still retaineth the honour to send one of their Prebendaries by the Title of their Arch-deacon to the Convocation And thus we have our full number of fifty four But whereas the Animadvertor taxeth me for saying The Convocation consisted of six-score I confess when I first read his words I had not a Church-History by me to confute it Yet I conceived such positiveness in a number improbable to fall from my Pen who had learn'd this Lesson from the best of Teachers the Spirit of God not to be peremptory but to leave a latitude in numbers of this nature In Times In Places In Persons Dan. 5.33 Darius being about threescore and two years 〈◊〉 Luk. 24.13 From Ierusalem about sixty furlongs Exod. 12.37 About six hundred thousand men on foot Luk. 3.23 Iesus began to 〈◊〉 about thirty years of age Joh. 6.19 Had rowed about five and twenty furlongs Act. 2.41 Added to the Church about three thousand souls But upon inspection of my Book my words were The whole House consisting of ABOUT six score where about is receptive of more or less Besides the Convocation as to the effectuall managing of matters properly consisted not of the Members belonging thereto but present therein and some five score and ten was the generall and constant appearance the rest being absent for age sicknesse and other detentions Dr. Heylyn Which Writing an Instrument our Author calls it being communicated to the Clergy by the Lord Arch-bishop on the morrow after did so compose the minds of all men that they went forwards very cheerfully with the work in hand The principall of those whom our Author calls Dissenters bringing in the Canon of Preaching for conformity being the eighth Canon in the Book as now they are plac'd which was received and allowed of as it came from his hand without alteration Fuller And calleth it an Instrument properly enough both to the originall notation and modern acception of the word Instrument is so termed ab instruendo from Instructing This Writing did first instruct Us at the present that by the judgment of those great States-men and Lawyers We might legally continue notwithstanding the dissolution of the Parliament And since this Writing hath by the event thereof instructed us that seeing the judgments of the Grandees in the Law were censured erroneous in Parliament it is unsafe in matters of this nature to rely on the opinions of any comparatively private persons As for the modern acception of the word I appeal to the Criticks in Language whether this Writing as the Animadvertor is fain to term it of the Judges may not be called by the generall name of Instrument harmoniously enough to the propriety thereof Dr. Heylyn Howsoever our Author keeps himself to his former folly shutting up his extravagancy with this conclusion fol. 169. Thus was an old Convocation converted into a new Synod An expression borrowed from the speech of a witty Gentleman as he is called by the Author of the History of the Reign of King Charls and since by him declar'd to be the Lord George Digby now Earl of Bristow But he that spent most of his wit upon it and thereby gave occasion unto others for the like mistakings was Sir Edward Deering in a speech made against these Canons Anno 1640. where we find these flourishes Would you confute the Convocation They were a holy Synod Would you argue against the Synod Why they were Commissioners Would you dispute the Commission They will mingle all powers together and answer that they were some fourth thing that neither we know nor imagine that is to say as it followes afterwards pag. 27. a Convocationall-Synodicall-Assembly of
Commissioners More of this fine stuff we may see hereafter In the mean time we may judge by this remnant of the whole Piece and find it upon proof to be very sleight and not worth the wearing For first the Gentleman could not and our Author cannot chuse but know that a Convocation and a Synod as us'd in England of late times are but the same one thing under divers names the one borrowed from a Grecian the other from a Latin Originall The Convocation of the Clergy of the Province of Canterbury being nothing but a Provinciall Synod as a Nationall Synod is nothing else but the Convocation of the Clergy of both Provinces Secondly our Author knowes by this time that the Commission which seems to makes this doughty difference changed not the Convocation into a Synod as some vainly think but onely made that Convocation active in order to the making of Canons which otherwise had been able to proceed no further then the grant of Subsidies Thirdly that nothing is more ordinary then for the Convocations of all times since the Reformation to take unto themselves the name of Synods For the Articles of Religion made in the Convocation Anno 1552. are called in the Title of the Book Articuli de quibus in Synodo Londinensi convenit c. The same name given to those agreed on in the Convocation Anno 1562. as appears by the Title of that Book also in the Latin Edition The Canons of the year 1571. are said to be concluded and agreed upon in Synodo inchoatâ Lond. in aede Divi Pauli c. In the year 1575. came out a Book of Articles with this Title following viz. Articles whereupon it was agreed by the most reverend father in God the Arch-bishop of Canterbury and other the Bishops and the whole Clergy in the Province of Canterbury in the Convocation or synod holden at Westminster The like we find in the year 1597. being the last active Convocation in Queen Elizabeth's time in which we meet with a Book entituled Constitutiones Ecclesiasticae c. in Synodo inchoatâ Londini vicesimo quinto die mensis Octobris Fuller I request the Reader would be pleased to call to his remembrance a passage of the Animadvertors on my fifth Book relating to the Reigne of King Henry the Eighth I must confess my self to be at a loss in this intricate Labyrinth unless perhaps there were some criticall difference between a SYNOD and a CONVOCATION the first being called by the Arch-bishops in their severall and respective Provinces as the necessities of the Church the other onely by the King as his occasions and affairs did require the same I find my self now in the like labyrinth and can meet with no Ariadne's thread to extricate my self I confess commonly CONVOCATION and SYNOD pass for Synonyma's signifying one and the same thing yet some make this nice difference 1. Convocation which is in the beginning and ending parallel with the Parliament 2. Synod which is called by the King out of Parliament I acknowledge my self a Seeker in this point and will not wilfully bolt mine eyes against the beams of Truth by whomsoever delivered Mean time I crave leave to enter this my dissatisfaction herein seeing the Animadvertor so lately did confess his in a thing of the like nature Dr. Heylyn Our Author finally is to know that though the members of the two Convocations of York and Canterbury did not meet in person yet they communicated their counsells the results of the one being dispatcht unto the other and there agreed on or rejected as they saw cause for it Fuller I am not to know it for I knew it before and nothing in my Book appears to the contrary that the two Provinciall Synods privately did communicate their transactions as they were in fieri in the making and at last publickly viz. when We at Westminster had compleated the Canons by Our subscription thereunto Dr. Heylyn Which laid together shewes the vanity of another passage in the Speech of Sir Edward Deering where he vapoureth thus viz. A strange Commission wherein no one Commissioner's name is to be found a strange Convocation that lived when the Parliament was dead a strange holy Synod where one part never saw never conferred with the other Lastly Sir Edward Deering seems to marvell at the Title of the Book of Canons then in question expressing that they were treated upon in Convocation agreed upon in Synod And this saith he is a new Mould to cast Canons in never us'd before But had he looked upon the Title of the Book of Canons Anno 1603. he had found it otherwise The Title this viz. Constitutions and Canons Ecclesiasticall treated by the Bishop of London President of the Convocation for the Province of Canterbury c. and agreed upon with the Kings Majesty's licence in their Synod begun at London Anno 1603. And so much for the satisfaction of all such persons whom either that Gentleman or this our Author have mis-informed and consequently abused in this particular Fuller He hath now vapoured out that which by the Apostle is termed even a vapour which appeareth for a little time and then vanisheth away Being dead the Animadvertor might have spared this expression upon him I believe neither he nor the Author did wittingly or willingly mis-informe any and therefore cannot by any charitable pen be justly condemned for abusing them Dr. Heylyn Our Author proceeds Ibid. Now because great Bodies move slowly c. it was thought fit to contract the Synod into a select Committee of some twenty six beside the Prolocutor No such contracting of the Synod as our Author speaks of There was indeed a Committee of twenty six or thereabouts appointed to consider of a Canon for uniformity in some Rites and Ceremonies of which number were the principall of those whom he calls Dissenters and our Author too amongst the rest who having agreed upon the Canon it was by them presented to the rest of the Clergy in Convocation and by them approv'd And possible it is that the drawing up o◠some other Canons might be referr'd also to that Committee as is accustomed in such cases without contracting the whole House into that small body or excluding any man from being present at their Consultation Fuller I know not what offence the word contracting may give but my meaning obvious to any Reader is this that a select Committee was appointed to prepare matters of greatest importance No member being excluded from being present at but from giving a Vote in that Consultation Dr Heylyn But whereas our Author afterwards tells us that nothing should be accounted the Act of the House till thrice as he takes it publickly voted therein It is but as he takes it or mistakes it rather and so let it go Fuller He might have allowed me the liberty of that modest Parenthesis without carping at it Some things I confesse having since better informed my self passed at the first
to the Tower in the end of December they were released by an Order of the House of Peers on the fifteenth of February being the next day after the Bill for taking away their Votes had passed in Parliament But then the Commons looking on them as devested of their Right of Peerage and consequently as they thought in the same rank with themselves return'd them to the Tower again and having kept them there some few weeks long enough to declare their power discharged them upon Bail and so sent them home Fuller A great cry and a little Wool 1. From the end of December to the fifteen of February was seven weekes 2. They continued afterwards there some few weeks as the Animadvertor confesseth Weeks imply two at the least some few denote 4 or 5 in proper sense Lastly some of the Bishops staid there longer than others even for lack of Money to pay their fees If the Reader be pleased to take all these up he will find them fall little short of 18 Weeks And let not the Animadvertor wilfully persist in an error who may know from Bishop Wren that none of them were released before the sixth of May. Dr. Heylyn Our Author proceedeth Fol. 195. About this time the word Malignant was first born as to common use in England and fixed as a note of disgrace on the Kings Party and because one had as good he dumb as not speak with the volge possibly in that sense it may occur in our ensuing History Nothing more possible then that our Author should make use of any word of disgrace with which the Kings party was reproached Fuller The Animadvertor in this Point proves himselfe a Malignant indeed taxing me with so odious and untrue an Aspersion nothing more improbable then that my hand should hurt that Cause which my Heart did Honour in the Writing of my Book Though this Passage be by me premised by way of prevention if the Word Malignant casually fell from my Pen yet such was my Cautiousnesse that very rarely if at all it is used as mine own word Besides the Ingenuous Reader knoweth that the Writers of Civill Dissentions are sometimes necessitated for differencing of Parties to use those Tearmes they do not approve Dr. Heylyn And if he calls them formerly by the name of Royalists and High-Royalists as he sometimes doth it was not because he thought them worthy of no worse a Title but because the name of Malignant had not then been born Fuller Not so For then since the Name MALIGNANT was born I would have used it on them which I do not Those words of the Animadvertor worthy of no WORSE a TITLE intimate as if ROYALIST and HIGH-ROYALIST were BAD TITLES which if not Honourable must be Inoffensive If ROYAL the Primitive be GOOD a ROYAL Law a ROYAL Priest-hood ROYALIST the Derivative cannot be BAD much lesse HIGH-ROYALIST except Height makes that BAD being added thereunto which was GOOD before Dr. Heylyn He cannot chuse but know that the name of Round-head was born at the same time also and that it was as common in the Kings Party to call the Parliamentarians by the name of Round-heads as it was with those of the Parliament Party to call the King's adherents by the name of Malignants And yet I do confidently say that the word Round-head as it was fixed as a note of disgrace on the Parliament party doth not occur on any occasion whatsoever in our Authors History But kissing goes by favour as the saying is and therefore let him favour whom he pleases and kisse where he favoureth Fuller I confesse the name ROUND-HEAD at the same time Trundled about in the Mouths of many men but I conceived it beneath an Historian to make use thereof because his Majesty in all his Proclamations Declarations and other Acts of State never made mention thereof whilst MALIGNANT was often used in Acts of Parliament But if my bare Mention not using of MALIGNANT be so distastfull I will Cut down all the Ill Wood therein to the last Sprig quench all the ill fire therein to the last Spark I meane God willing totally delete that Paragraph in the next Edition Dr. Heylyn Our Author proceeds Fol. 196. By this time ten of the eleven Bishops formerly subscribing their Protestation to the Parliament were after some months durance upon good Baile given released c. Of the releasing of these Bishops we have spoke already We are now onely to observe such mistakes and errors as relate unto it And first they were not released at or about the time which our Author speaks of that is to say after such time as the word plunder had begun to be us'd amongst us Plunder both name and thing vvas unknovvn in England till the beginning of the War and the War began not till September An. 1642. which vvas some months after the releasing of the Bishops Fuller I hope novv the Animadvertor is dravving to a Conclusion because an Ague commonly is leaving one vvhen beginning to double its Fits Formerly he found fault but once in four Pages novv four times in one Paragraph Here is nothing Mis-timed in this point the name PLUNDER beginning in England some Months the Practise thereof some Weeks before our War Indeed COMMISSION'D PLUNDER begun with the war but UNCOMMISSION'D PLUNDER vvas before it committed by those vvhose activity onely did Authorise or rather Impower them to take avvay the goods of others Such vvere they that PLUNDERED for I am sure they will not say they ROBBED the House of the Countesse Rivers at Long-Mellford in Suffolk before the University of Cambridge sent their Plaâ—e to the King to York and consequently before the Warr. Dr. Heylyn Secondly he telleth us that ten of the eleven which had subscribed were released whereas there were twelve which had subscrib'd as appears fol. 187. whereof ten were sent unto the Tower and the other two committed to the custody of the Black-Rod fol. 188. And if ten onely were releast the other two must be kept in custody for a longer time whereas we find the Bishop of Norwich at home in his Diocess and the Bishop of Durham at liberty in London they being the two whom he makes so far favour'd by the Parliament as they scap't the Tower Fuller The small numerall fault shall be amended to prevent exceptions in my next Edition Dr. Heylyn Thirdly he telleth us that when all others were releast Bishop Wren was still detain'd in the Tower which is nothing so That Bishop was releast upon Bail when the other were returned unto his Diocesse as the others did and there continued for a time when of a suddain he was snatched from his House at Downham in the Isle of Ely carried to the Tower and there imprisoned never being brought unto a Hearing nor any cause shewed for his imprisonment to this very day Fuller Would it were nothing so indeed Si mea cum vestris valuissent Vota If the Animadvertor's
in that time are not Precedential to warrant Posterity and the Air of that Torrid Zone will not fit the Bodyes in our Temperate Climate Dr. Heylyn Nor find we any thing of the Convocations of Queen Elizabeths time except that of the year 1562. and that not fairly dealt with neither as is elsewhere shewed though there passed many Canons in the Convocation of the year 1571. and of the year 1585. and the year 1597. all Printed and still publickly extant besides the memorable Convocation of the year 1555. in which the Clergy gave the Queen a Benevolence of 2 s. in the pound to be levyed by Ecclesiastical Censures without relating to any subsequent confirmation by Act of Parliament as had accustomably been used in the Grant of Subsidies Fuller Bernardus non vidit omnia I could not come to the knowledge of every particular But I confess I cannot conjecture the cause of the Animadvertor's retrogradâ— motion who after so many years in the Reign of Queen Elizabeth goeth back again to the year 1555. Which was four years before she came to the Crown Dr. Heylyn It might have been expected also that we should have found in a Church-History of Brittain the several degrees and steps by which the Heterodoxies and Superstitions of the Church of Rome did creep in amongst us and the degrees by which they were ejected and cast out again and the whole Reformation setled upon the Doctrine of the Apostles attended by the Rites and Ceremonies of the Primitive times Fuller I hope the peruser of my Book will be sensible of no defect but that the same in a good degree is performed by me on several occasions Dr. Heylyn As also that some honorable mention should be found of those gallant Defences which were made by Dr. Bancroft Dr. Bilson Dr. Bridges Dr. Cosins and divers others against the violent Batteries and Assaults of the Puritan Faction in Queen Elizabeths time and of the learned Writings of B. Buckeridge B. Morton Dr. Sutcliff Dr. Burges c. in justification of the Rites and Ceremonies of the Church of England against the remnants of that scattered and then broken Faction in the time of King Iames of which we have Ne gry quidem not a word delivered Nor could it stand with his design which will discover it self in part in this Introduction and shall more fully be discovered in the Animadversions that it should be otherwise Fuller I answer First no Drag-net can be so comprehensive as to catch all Fish and Fry in the River I mean no Historian can descend to every particular Secondly What if I left that piece in the Dish for manners sake I must not ingross all History to my self but leave some to such as shall succeed me in the same Subject Thirdly the Reader in perusing my Book will bear me witness that most of these have their true Encomiums on the same account and especially Dr. Bancroft Dr. Bilson Dr. Cosins Fourthly if my omission of his Book hath offended B. Morton my asking will be having the pardon of so vivacious a piety who being past the age of a man now leads the life of an Angel Lastly I have a Book of the Lives of all English Worthies God send it good success which had been in print if not obstructed by the intervening of this Contest And coming forth will be suppletory of all such defects Dr. Heylyn All which together make it cleer and evident that there is too little of the Church or Ecclesiastical History in our Authors Book And that there is too much of the State or Civil History will be easily seen by that unnecessary intermixture of State-Concernments not pertinent to the business which he hath in hand Fuller I answer first in general Such the sympathy betwixt the embracing Twins Church and State that sometimes 't is both painful and pity to part them More particularly such passages have at the least a cast or eye of Church-colour in them or else they are inserted for necessity Ne detur vacuum for meer lack of Church-matter All the Ecclesiastical History in Mr. Fox during the Reign of Edward the fourth will not fill his hollow Pen the cause why he makes it up with History of the State and I sometimes do the like Lastly it is done for Variety and then commonly I crave the Readers leave which I hope is no offence Must I turn School-boy again and the Animadvertor be my School-master to give me a Theam that I must write on no other Subject but what he appoints me Dr. Heylyn Of this sort to look no further is the long Will and Testament of King Henry the eighth with his Gloss or Comment on the same taking up three whole sheets at least in which there is not any thing which concerns Religion or which relates unto the Church or Church-affairs although to have the better colour to bring it in he tells us that he hath transcribed it not onely for the rarity thereof but because it contained many passages which might reflect much light upon Church-History Fuller I answer first All ancient Wills have something of Sacredness in them beginning In the name of God Amen Secondly they are proved in the Court-Christian which evidenceth something of Ecclesiasticalness in them Thirdly Kings have ever been beheld as mixt Persons wherein Church and State are blended together Fourthly the Will of King Henry the eighth in that Active-juncture of times is more than the Will of an ordinary King Fiftly it is most remarkable even in Church-History if only on this Account to shew that he who had violated the Testaments of so many Founders and Benefactors had hardly any one Particular of his own Will performed Sixthly it never was and perchance had I not done it never had been Printed Seventhly false and imperfect Copies thereof pass about in Manuscript Lastly I have received so much thanks from the Animadvertor's Betters for printing of it that I will freely pardon and pass by his causless cavil against me for the same Dr. Heylyn Lib. 5. fol. 243. Of this sort also is his description of the pomp and order of the Coronation of King Charles which though he doth acknowledge not to be within Pale and Park of Ecclesiastical History yet he resolves to bring it in because it comes within the Purlews of it as his own words are But for this he hath a better reason than we are aware of that is to say That if hereafter Divine Providence shall assign England another King though the transactions herein be not wholly precedential something of State may be chosen out gratefull for imitation Lib. 11. fol. 124. As if the Pomp and order of a Coronation were not more punctually preserved in the Heralds Office who have the ordering of all things done without the Church and are eye-Witnesses of all which is done within than in our Authors second-hand and imperfect Collections Fuller I answer first a Coronation is Church-work performed therein
by an Arch-bishop attended with prayers and a Sermon 2. I never expected that a Chaplain to K. Charles should find fault with any thing tending to the honour of his Lord How can any good Disciple grudge at what is expended 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on the buriall of the Memory of his Master being the last in this kind 3. My Collections I mean printed by me but observed by my most worthy Friend are abating onely the uncertain place of the Lord Maior most critically exact Lastly though the Heralds Office doth carefully preserve all such Ceremonyes yet cannot all persons living at great distance and desiring information herein have on all occasions so facill and convenient access to their Office as to my Printed Book Dr. Heylyn The like may be said also of the quick and active Raigns of Edward the the sixth and Queen Mary in which the wâ—ole Body of the reformed Religion was digested setled and destroyed sufficient of it self to make a competent Volume but contracted by our Author like Homer's Iliads in the Nut-shell into less than 25. sheets And yet in that small Abstract we find many Impertinences as to the work he hath in hand that is to say the great proficiency of King Edward in his Grammar Learning exemplified in three pieces of Latine of his making when he was but eight or nine yerrs old Fuller Just reason of such contraction because of Mr. Fox his dilatation on the same Where he found my fault he if so pleased might have found my defence viz. If Papists preserve the Nailes and Hairs of their supposed Saints give me leave to Record the first Essays of this Pious Prince especially they being unprinted rarieties with which no Divine or Schollar save the Animadvertor alone would or could have found any fault Dr. Heylyn The long Narrative of Sir Edward Montague Chief Justice of the Common Pleas to vindicate himself from being a voluntary Agent in the business of the Lady Iane Gray needlesly inserted Fuller King Edward the sixth his passing the Crown over the heads of his two Sisters to his Cousin the Lady Iane is a piece of Church-History because the continuing of the Protestant Religion is all the plausible Plea for the same and the fair varnish of so foul a Ground-work This passage of Consequence is defectively delivered by our Historians some Circumstances thereof being hitherto lockt from the world Some have endevoured to force the lock by their bold Conjectures I am the first that have brought the true key and opened it from Judge Montague's own hand truely Passive though charged to be most Active therein driven with the Tempest of Duke Dudley's anger against the Tide of his own Inclinations I prize a Dram of acceptance from the Ingenuous Reader above a Pound of the Animadvertor's Cavilling which is offended with my inserting of so authentique and informative a Manuscript Dr. Heylyn Needless the full and punctual relation of Wyats Rebellion and the Issue of it though acted upon some false grounds of Civil Interess without relating to Religion or to Church Affairs Infinitum esset ire per singula c. Fuller This Rebellion was grounded on Erronious Principles of Religion and therefore Goodman Il-man did in his Book of that Subject entitle it GODS-CAUSE and though souly mistaken therein it is enough to reduce this Design to Church-concernment Had I omitted it the Animadvertor would have charged me with Puritanical pardon the Prolepsis compliance so hard it is to please him either full or fasting Dr. Heylyn But well it were if onely Aberrations from Historicall truth were to be met with in our Author In whom we find such a continual vein of Puritanism such dangerous grounds for Inconformity and Sedition to be raised upon as easily may pervert the unwary Reader whom the facetiousness of the style like a Hook baited with a painted Fly may be apt to work on Murthering of Kings avowed for a necessary prudence as oft as they shall fall into the power of their Subjects Lib. 4. fol. 109. Fuller The Page cited by him happily happeneth to be the Initial One of a Section and hath no more therein then as followeth Church-History Book 4. Page 109. Soon after his Death K. Edward was much lamented by those of whom in his liâ—e time he was never beloved Whether this proceeded from the meer mutaâ—ility â—f mens minds weary to loiter long in the lazie posture of the same affection Or whether it proceeded from the Pride of Mortimer whose insolence grew intolerable Or whether because his punishment was generally apprehended too heavy for his fault so that Deposition without Death or at the worst Death without such unhumane cruelty had been sufficient One of our English-Poet-Historians accquainteth us with a passage which to my knowledge appeareth not in any other Author This all in that page Reader I request thee do Me thy Self and Truth right Whether can my avowance of King-murdering be collected from any thing here written by me But because some will say the Quotation possibly may be mistaken If any thing sounding to that sense there or elsewhere be found in my Book may the Ravens of the Valleys whom I behold as loyall Subjects in Vindication of the Eagle their Soveraign pick out my eyes for delivering such rebellious Doctrine Dr. Heylyn The Coronation of Kings and consequently their succession to the Crown of England made to depend upon the suffrage and consent of the People Lib. 11. fol. 122. The Sword extorted from the Supream Magistrate and put into the hands of the common People whensoever the Reforming humor shall grow strong amongst them Lib. 9. fol. 51. The Church depriv'd of her Authority in determining controversies of the Faith and a dispute rais'd against that clause of the Article in which that Authority is declared whether forg'd or not Lib. 9. fol. 73. Fuller Stylus Equabilis Here is a continued Champian large Levell and fair Flat of fourteen untruths at least without any Elevation of Truth interposed No such matter in that place as hereafter shall appear False as the former as in due time and place cited now afterwards by him eagerly improved will appear I am depraved unjustly who never deprived ' the Church of her Authority I raised no such Dispute but would have quel'd it if in my power All which I refer to my Answer to these respective Quotations Dr. Heylyn Her power in making Canons every where prostituted to the lust of the Parliament contrary both to Law and constant practise Fuller Every where is No where And seeing no particular place is instanced to a General Charge a General Deniall shall suffice Let me add that whereas the Animadvertor hereafter taxeth me for calling the two Houses the Parliament we therefore may presume that he not running on the same rock by Parliament meaneth the King Lords and Commons which granted how much of loyalty and Discretion there is in these his words prostituted to the LUST
I have dated the submission of the Clergy to the King not from the first private performance but the passing thereof into Print and publique cognisance Thus the Age of Children are by their Parents reckoned from their birth but by others from their entrance in the Register But the main fault and that a foul one if true layed to my charge is for weakning the Authority of Church and subjecting it to the power of Parliaments But know it is past the might and spight of the most malicious man finally to weaken the just Authority of the Church God having solemnly promised That the Gates of Hell shall not prevail against it Yet Princes as King Henry the eighth did might retrence the Power of the Church or ambitious Church-men rather when they invaded the just priviledges of others I shall onely return a few plain and general answers to what is objected First before I entred on the difficult Subject of Synods and Convocations before and since the Clergies Submission with their respective powers I placed as followeth Church-History Book 1. pag. 191. This I humbly conceive to be the difference betwixt the three kindes of Convocations submitting what I have written to the censure and correction of the learned in the Law conscious of my own ignorance therein as indeed such skill neither is to be expected or required in one of my profession who am ready with willingnesse yea with chearfulnesse yea with thankfulnesse to God and man publickly to recall and retract what any such convince me to have mistaken herein hoping that my stumbling in so dark a subject may prevent the failing of others Having thus humbly desired I say not deserved favour I hope it will be indulged unto me Secondly I presume to tender this I hope reasonable motion to the Reader that seeing the Animadvertor not onely freely confesseth this Subject to be an intricate Labyrinth but also fairly acknowledgeth that he findeth the Positions I maintain in SOME OTHER AUTHORS that I may be discharged and that the guilt if any may be derived on such Authors as have misguided me Thirdly When I use the word Parliament it expoundeth it self what was meant thereby capable in that age of no other comment viz. The aggregation of the King Lords and Commons Fourthly I distinguish betwixt a consultive conclusive and punitive power in matters of Religion The consultive power God hath intrusted his Church with and the Clergy as the Representative thereof The conclusive power also is invested in them so far forth as to declare what is Orthodox and what Heretical But the punitive power especially when exceeding Church Censors and extending to Life Limb and Estate is in the Parliament that so neither Royal Prerogative nor Subjects Right may be injured Fifthly I distinguish betwixt the power which the Convocation had over the Clergy and what they have over the Laity Over the Estates of the latter they have no power As for the Clergy they are all represented by their voluntary elections in their Clerks or Proctors Volenti non fit injuria A man that is willing is not wronged What summes therefore they give away of the Clergy they may be presumed impowred therein with the consent of the Clergy However to clear all doubts the consent of Parliament hath since the Submission of the Clergy been required unto it As for the black Swan in the reign of Queen Elizabeth I mean that single and signal instance of thaâ— Unparliament-impowred-Convocation which gave that supplimental Subsidie to Queen Elizabeth I humbly conceive that the popularity of so peerlesse a Princesse the necessity of her occasions and the tranquilitie of those times a happinesse denyed in our Age made that unquestioned which might be questionable if any turbulent Clergy-man had proved recusant in payment As to the Convocation 1640. let me request the Reader that I may without danger humbly tender my opinion therein That Convocation as all others consisted of Bishops Deans Archdeacons and Clerks Of these the three former acted onely in their personal capacities and carrying their own Purses in their own pockets might give Subsidies to the King to what proportion they pleased and justifie the doing thereof Not so the fourth and last Members being Clerks chosen for their respective Cathedrals and Diocesses legally to sit as long as the Parliament lasted After the dissolution whereof they desisted to be publique Persons lost the notion of Representatives and returned to their private condition In which capacity they might have given for themselves what sums they pleased but could not vote away the estates of other Clergy-men except the respective Cathedrals and Diocesses had re-Elected them which had it been done they might no doubt have justifyed the giving away of Subsidies as authorized thereunto though the Parliament had been dissolved seeing every man may doe with his owne as he pleaseth and the diffusive Clergy were justly interpreted to doe what was done by their Proctors Truth may be blamed but cannot be shamed and I have unbosomed my thoughts and judgment herein But this outswelleth the proportion of my booke and let me make a faire motion to the Animadvertor I resume my two former Propositions viz. 1 The proceedings of the Canon Law in what touched temporals of Life Limb and Estate was alwaies limited with the secular Lawes and Nationall Customes of England 2 That the King by consent of Parliament directed the proceedings of Ecclesiasticall Courts against declared Hereticks so that they could not punish them in Life or Limbe but as limited by the Statute If the Animadvertor who hath leisure and abilitie be pleased in confutation of these my Propositions to write a few sheets it being richly worth his and the Readers paines cleerly briefly fully and fairly without the least dash of ill language subscribing his name thereunto I will God willing returne him my answere qualified accordingly and though I confesse the Animadvertor hath the advantage of me at the weapon of Law yet my confidence of a good Cause will make mee undertake the Challenge alwaies provided That no advantage be taken against us by any for delivering our Judgements and Consciences in so nice a Controversie For the present I forbeare because this dispute is substantive enough to stand by it self and too large to bee adjected to this booke Dr. Heylin Our Author proceeds Fol. 253. I have heard saith he that Queen Elizabeth being informed that Dr. Pilkington Bishop of Durham had given ten thousand pounds in marriage with his Daughter and being offended that a Prelates daughter should equall a Princesse in Portion took away one thousand pounds a year from that Bishoprick and assigned it for the better maintenance of the Garrison of Barwick In telling of which story our Author commits many mistakes as in most things else For first to justifie the Queens displeasure if she were displeased he makes the Bishop richer and the Portion greater than indeed they were The ten thousand pounds Lib
makes no Truce but a perfect peace never hereafter to let the least disgracefull drop of Inke to fall upon it Dr. Heylyn From the Arch-bishop of Canterbury I should proceed to Dr. Williams Archbishop of York but that I must first remove a Block which lyes in my Way Our Author having told us of the making and Printing the Directory is not content to let us see the cold entertainment which it found when it came abroad but lets us see it in such tearms as wee did not looke for Fuller This Block is no bigger then a Straw so that a flea may leap over it but the Animadvertor is pleased to see all things thorough a Magnifying-Glasse as will appear hereafter Dr. Heylyn Fol. 222. Such saith our Author was call it constancy or obstinacy love or doting of the generality of the Nation on the Common prayer that the Parliament found it fit yea necessary to back their former Ordinance with a second Assuredly the generality of the people of England is much beholding to our Author for making Question whether their adhering to the Liturgy then by Law established were not to be imputed rather to Obstinacy and Doting than to Love and Constancy Fuller It is no Question in my Iudgement or Conscience when it is out of all Question as either never started or soon decided therein but a Question it is in the practise of our distracted age which I behold like the Citty of Ephesus Some cryed one thing some another for the Assembly was confused Till this Tumult be appeased I desire to stand by in silence and give every Man his own Words Some call Constancy and Love which side I doe seem secretly to favour for giving it the upper hand and naming it in the first place Others call it Obstinacy and Doting as they are severally perswaded What is my Offence or where is the Block the Animadvertor complaineth of as if he needed to call for Leavers to remove it Dr. Heylyn The Liturgy had been lookt on as a great Blessing of God upon this Nation by the Generality of People for the space of fourscore years and upwards they found it established by the Law seal'd by the Bloud of those that made it confirm'd by many Godly and Religious Princes and had almost no other forme of making their addresses to Almighty God but what was taught them in the Book of Common Prayer And could any discreet man think or wise man hope that a Form of Prayer so universally receiv'd and so much esteem'd could be laid by without Reluctancy in those who had been so long accustomed to it or called Obstinacy or Doting in them if they did not presently submit to every New Nothing which in the Name of the then disputable Authority should be laid before them And though our Author doth professe that in the Agitating of this Controversie pro and Con he will reserve his private opinion to himselfe yet he discovers it too plainly in the present passage Quid verba audiam cum facta videam is a good rule here He must needs shew his private Opinion in this point say he what he can who makes a Question whether the Adhesion of the People generally to the publick Liturgy were built on Obstinacy and Doating or on Love and Constancy Fuller I concurre with the Animadvertor in his Encomiastick Expressions on the Common Prayer Otherwise nothing new occurs in this which was not in the former Paragraph And therefore the Blow being the same onely layed on with a little more eagernesse I conceive the same Guard will serve to defend it without any further repetition Dr. Heylyn But if it must be Obstinacy or Doating in the generality of the People to adhere so cordially to the Book of Common Prayer I marvell what it must be called in Stephen Marshall of Essex that great Bell-Weather for a time of the Presbyterians who having had a Chief hand in compiling the Directory did notwithstanding Marry his owne Daughter by the forme prescribed in the Common-Prayer-Book and â—aving so done paid down â—ive pounds immediately to the Church-Wardens of the Parish as the Fine or Forfeiture for using any other forme of Marriage then that of the Directory The like to which I have credibly been informed was done by Mr. Knightly of Fawsley on the like occasion and probably by many others of the same Straine also Fuller All this is Nothing to me who am not bound to answer for the Actions of other Men. I know there was in England a Juncture of Time which in this point may be compared to the Evening TWILIGHT so called from TWALIGHT or double Light the one of the Day not wholly gon down the other of the Candle but newly set up Such the Crepusculum vespertinum in our Land when the Day of the Liturgy yet dimly shined and the Candle of the Directory was also lighted a short Candle which presently burnt down to the Socket It is possible that in this Coincidence some in Majorem Cautelam twisted the Liturgy and Directory together as since some have joyned to both Marriage by a Iustice of Peace that so a Threefold Cable might not be broken Let them which best can given an account of their own Carriage herein Dr. Heylyn With the like Favour he beholds the two Universities as he doth the Liturgy and hard it is to say which he injureth most Fuller I injure neither of them But in this passage the Animadvertor onely whets his Sword and I scoure my Shield preparing against his deadly blow in the next Paragraph Dr. Heylyn And first beginning with Oxford he let us know that Fol. 231. Lately certain Delegates from the Univesity of Oxford pleaded their priviledges before the Committee of Parliament that they were onely visitable by the King and such who should be deputed by him But their Allegations were not of proof against the Paramount power of Parliament the rather because a passage in an Article at the rendition of Oxford was urged against them wherein they were subjected to such a Visitation Our Author here subjects the University of Oxford to the power of the Parliament and that not onely in regard of that Paramount power which he ascribes unto the Parliament that is to say the two Houses of Parliament for so we are to understand him above all Estates but also in regard of an Article concerning the surrendry of Oxford by which that University was subjected to such Visitations Fuller When I see a Corslet shot thorough with a Musket bullet and the Person wounded that wore it I may safely say that Corslet is not of proof against the Musket So when I behold the Pleadings of the Delegates neglected and null'd I may say that de Facto they were not of proof against Parliamentary power A passage possibly written by me such my affection to my Aunt Oxâ—ord with more griefe then it is read by the Animadvertor with anger but Truth is truth whether it be