in the following Parliament we are to follow him to that Parliament for our satisfaction And there we find that Mr. Maynard made a Speech in the Committee of Lords against the Canons made by the Bishops in the last Convocation in which he endeavoured to prove c. Fuller Diogenes being demanded what one should give him to strike on the head as hard as he could Give me sayed he but an Helmet Well fare my Helmet the seasonable interposition of the word ENDEAVOURED which hath secured me from the blowes of the Animadvertor and perchance his hand thereby retunded Besides I have a double Helmet Master now Serjeant Mainard no lesse eminently known for his skill in Law than for his love to the Clergy by pleading so effectually in his success as well as desire for their Tithes Wherefore being weary with this long contest I resolve for a while even to take my naturall rest and will quietly sleep untill Iogged by that which particularly concerneth me Dr. Heylyn Endeavoured to prove that the Clergy had no power to make Canons without common consent in Parliament because in the Saxon's times Lawes and Constitutions Ecclesiasticall had the confirmation of Peers and sometimes of the People to which great Councills our Parliaments do succeed Which Argument if it be of force to prove that the Clergy can make no Canons without consent of the Peers and People in Parliament it must prove also that the Peers and People can make no Statutes without consent of the Clergy in their Convocation My reason is Because such Councels in the times of the Saxons were mixt Assemblies consisting as well of Laicks as of Ecclesiasticks and the matters there concluded on of a mixt nature also Laws being passed as commonly in them in order to the good governance of the Common-wealth as Canons for the regulating such things as concern'd Religion But these great Councels of the Saxons being divided into two parts in the times ensuing the Clergy did their work by themselves without any confirmation from the King or Parliament till the submission of the Clergy to King Henry the Eighth And if the Parliaments did succeed in the place of those great Councells as he saies they did it was because that antiently the Procurators of the Clergy not the Bishops onely had their place in Parliament though neither Peers nor People voted in the Convocations Which being so it is not much to be admired that there was some checking as is said in the second Argument about the disuse of the generall making of such church-Church-Laws But checking or repining at the proceeding of any Superiour Court makes not the Acts thereof illegall for if it did the Acts of Parliaments themselves would be reputed of no force or illegally made because the Clergy for a long time have checkt and think they have good cause to check for their being excluded Which checking of the Commons appears not onely in those antient Authors which the Gentleman cited but in the Remonstrance tendred by them to King Henry the Eighth exemplified at large in these Animadversions lib. 3. n. 61. But because this being a Record of the Convocation may not come within the walk of a Common Lawyer I shall put him in mind of that memorable passage in the Parliament 51 Edw. 3d. which in brief was this The Commons finding themselves aggrieved as well with certain Constitutions made by the Clergy in their Synods as with some Laws or Ordinances which were lately passed more to the advantage of the Clergy then the Common People put in a Bill to this effect viz. That no Act nor Ordinance should from thenceforth be made or granted on the Petition of the said Clergy without the consent of the Commons and that the said Commons should not be bound in times to come by any Constitutions made by the Clergy of this Realm for their own advantage to which the Commons of this Realm had not given consent The reason of which is this and 't is worth the marking Car eux ne veulent estre obligez a nul de vos Estatuz ne Ordinances faitz sanz leur Assent Because the said Clergy did not think themselves bound as indeed they were not in those times by any Statute Act or Ordinance made without their assent in the Court of Parliament But that which could not be obtain'd by this checking of the Commons in the declining and last times of King Edward 3. was in some part effected by the more vigorous prosecution of King Henry 8. who to satisfie the desires of the Commons in this particular and repress their checkings obtained from the Clergy that they should neither make nor execute any Canons without his consent as before is said so that the Kings power of confirming Canons was grounded on the free and voluntary submission of the Clergy and was not built as the third Argument objecteth on so weak a foundation as the Pope's making Canons by his sole power the Pope not making Canons here nor putting his Prescripts and Letters decretory in the place of Canons but onely as a remedy for some present exigency So that the King's power in this particular not being built upon the Popes as he said it was it may well stand That Kings may make Canons without consent of Parliament though he saith they cannot But whereas it is argued in the fourth place that the clause in the Statute of Submission in which it is said that the Clergy shall not make Canons without the Kings leave doth not imply that by His leave alone they may make them I cannot think that he delivered this for Law and much less for Logick For had this been looked on formerly as a piece of Law the Parliaments would have check'd at it at some time or other and been as sensible of the Kings enchroachments in executing this power without them as antiently some of them had been about the disuse of the like generall consent in the making of them Fuller DORMIT SECURUS Dr. Heylyn Fol. 180. In the next place our Author tells us that Mr. Maynard endeavoured also to prove that these Canons were against the King's Prerogative the Rights Liberties and Properties of the Subject And he saith well that it was endeavoured to be proved and endeavoured onely nothing amounting to a proof being to be found in that which followes It had before been Voted by the House of Commons that the Canons are against fundamentall Laws of this Realm against the Kings Prerogative Property of the Subject the Right of Parliament and do tend to faction and sedition And it was fit that some endeavours should be used to make good the Vote But this being but a generall charge requires a generall answer onely and it shall be this Before the Canons were subscribed they were imparted to the King by the Arch-bishop of Canterbury and by the King communicated to the Lords of the Councill who calling to them the assistance of the Judges and
at this present Fuller It is a sad Truth which the Animadvertor sayeth And here I cannot but remember David his expression when flying from Absalom If I shall find favour in the Eyes of the Lord he will bring me again But if he say I have no delight in thee behold here I am c. If it be coâ—sistent with the good will and pleasure of God in due time he will Boy up again the sunk credit of the Clergy if not all must submit to him whose wayes are often above reason never against right Dr. Heylin Our Author proceeds Fol. 156. Yea this very Statute which gave power to a Bishop in his Diocess to condemn an Heretick plainly proveth that the King by consent of Parliament directed the proceedings of the Ecclesiastical Court in Cases of Heresie The Bishops and Clergy in their Convocations had anciently the power of declaring Heresie the Bishops singly in their Consistories to proceed against them by injoyning penance and recantation or otherwise to subject them to Excommunication The Statute which our Author speaks of being 2 H. 4. c. 15. proceedeth further and ordain'd in favour of the Church that the Ordinary might not onely convent but imprison the party suspected of Heresie and that the party so convented and convicted of Heresie and continuing obstinate in the same should upon a certificate thereof made and delivered to the Secular Judge be publickly burned before the People In order whereunto as in a matter which concern'd the life of a Subject the King with the advice of his Parliament might lay down some rules for the regulating the proceedings of the Bishops and other Ordinaries Fuller There be two distinct things which in this Point must be severally considered 1. To declare and define what shall be accounted Heresie 2. To condemne to Death a declared Heretick The Power of the former was in this Age fixed in the Bishops without any competition and is so clear none can question it Yea by the same Power they might proceed against a declared Heretick without any leave or liceence from King or Parliament so far as Church-Censures Suspensions Excommunications c. could extend But as for the latter to condemn them to Death herein the common-Common-Law began where the Cannon Law ended and regulated their proceedings accordingly Dr. Heylin But certainly it is a sorry piece of Logick to conclude from hence that generally in all cases of Heresie the King with advice of his Parliament directed the proceedings of the Ecclesiastical Courts A piece of Logick shall I call it or a Fallacy rather a Fallacy à dâ—cto secundum quid ad dictum simpliciter committed commonly when from a proposition which is true onely in some respect with reference to time place and other circumstances the Sophister inferreth something as if simply true though in it self it be most absolutely false As for example The Pope even in matters of spiritual cognisance for so it followeth in our Author had no power over the life 's of the English Subjects and therefore had then no power to proceed against them in point of Heresie Fuller I intended not nor have I abused the Reader with any fallacious argumentation It is true 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the King and Parliament directed the proceedings of the Ecclesiastical Court in cases of Heresie I mean not to decide which were Heresies but to order the Power of the Bishop over declared Hereticks without the direction of the Statute not to proceed to Limb and Life And I believe my words will be found transcribed out of Sir Edward Coke his most elaborate Report of the Kings power in Ecclesiastical matters Dr. Heylin Our Author proceeds Fol. 161. Henry the seventh born in the Bowels of Wales at Pembroke c. some years after plucked down the Partition Wall betwixt them Neither so nor so For first Pembroke doth not stand in the Bowels of Wales but almost on the outside of it as being situate on one of the Creeks of Milford-Haven Fuller Pembroke though verging to the Sea may properly be called in the Bowels of Wales beholding the Marches next England as the outward Skin thereof Bowels are known to the Latines by the name of Penetralia à penetrando one must pierce and passe so farre from the outward skin before one can come at them So is Pembroke placed in the very Penetrals of Wales seeing the Travailer must goe six-score miles from England before he can come thither Dr. Heylin And secondly King Henry the seventh did not break down the Partition Wall between Wales and England That was a work reserved for King Harry the eighth in the 27. of whose Reign there past an Act of Parliament by which it was enacted That the Country of Wales should be stand and continue for ever from thenceforth incorporated united and annexed to and with this Realm of England And that all and singular person and persons born and to be born in the said Principality Country or Dominion of Wales shall have enjoy and inherit all and singular Freedoms Liberties Rights Priviledges and Laws within this Realm and other the Kings Dominions as other the Kings Subjects naturally born within the same have and injoy and inherit And thirdly between the time which our Author speaks of being the 14 year of King Henry the fourth and the making of this Act by King Henry the eighth there passed above an hundred and twenty years which intimates a longer time than some years after as our Author words it Fuller Far be it from me to set variance betwixt Father and Son and to make a Partition Wall betwixt them which of them first did break down the Partition Wall betwixt Wales and England The intentions of King Henry the seventh were executed by King Henry the eighth and all shall be reformed in my Book accordingly Dr. Heylin Our Author proceeds Fol. 168. I will not complain of the dearnesse of this Universitie where seventeen weeks cost me more than seventeen years in Cambridge even all that I had The ordinary and unwary Reader might collect from hence that Oxford is a chargeable place and that all commodities there are exceeding dear but that our Author lets him know that it was on some occasion of disturbance Fuller He must be a very Ordinary and unwary Reader indeed or an Extraordinary one if you please of no common weakness or willfulnesse so to understand my words which plainly expound themselves Dr. Heylin By which it seems our Author doth relate to the time of the War when men from all parts did repair to Oxford not as a University but a place of safety and the seat Royal of the King at which time notwithstanding all provisions were so plentifull and at such cheap rates as no man had reason to complain of the dearnesse of them No better argument of the fertility of the soil and richnesse of the Country in which Oxford standeth than that the Markets were not raised on
have thought that to call him an Advocate for the Stews had not been enough But that Doctor was not half so wise as our Author is and doth not fit each Argument with a several Antidote as our Author doth hoping thereby but vainly hoping that the arguments alledged will be wash'd away Some of our late Criticks had a like Designe in marking all the wanton and obscene Epigrams in Martial with a Hand or Asterism to the intent that young Scholars when they read that Author might be fore-warn'd to passe them over Whereas on the contrary it was found that too many young fellows or wonton wits â—s our Author calls them did ordinarily skip over the rest and pitch on those which were so mark't and set out unto them And much I fear that it will so fall out with our Author also whose Arguments will be studied and made use of when his Answers will not Fuller The commendable Act of King Henry the eighth in suppressing the Stews may well be reported in Church-History it being recorded in Scripture to the eternal praise of King Asa that he took away the Sodomites out of the Land I hope my collection of arguments in confutation of such Styes of Lust will appear to any rational Reader of sufficient validity Indeed it is reported of Zeuxes that famous Painter that he so lively pictured a Boy with a Rod in his hand carrying a Basket of Grapes that Birds mistaking them for real ones peckt at them and whilest others commended his Art he was angry with his own work-manship confessing that if he had made the Boy but as well as the Grapes the Birds durst not adventure at them I have the same just cause to be offended with my own indeavors if the Arguments against those Schools of Wantonnesse should prove insufficient though I am confident that if seriously considered they doe in their own true weight preponderate those produced in favour of them However if my well-intended pains be abused by such who onely will feed on the poisons wholy neglecting the Antidotes their destruction is of themselves and I can wash my hands of any fault therein But me thinks the Animadvertor might well have passed this over in silence for fear of awaking sleeping wontonnesse jogged by this his Note so that if my Arguments onely presented in my Book be singly this his Animadversion is doubly guilty on the same account occasioning loose eyes to reflect on that which otherwise would not be observed Dr. Heylin Our Author proceeds Fol. 253. Otherwise some suspect had he survived King Edward the sixth we might presently have heard of a King Henry the ninth Our Author speaks this of Henry Fitz Roy the Kings natural Son by Elizabeth Blunt and the great disturbance he might have wrought to the Kings two daughters in their Succession to the Crown A Prince indeed whom his Father very highly cherished creating him Duke of Somerset and Richmond Earl of Nottingham and Earl Marshal of England and raising him to no small hopes of the Crown it self as appears plainly by the Statute 22 H. 8. c. 7. But whereas our Author speaks it on a supposition of his surviving King Edward the sixth he should have done well in the first place to have inform'd himself whether this Henry and Prince Edward were at any time alive together And if my Books speak true they were not Henry of Somerset and Richmond dying the 22 of Iuly Anno 1536. Prince Edward not being born till the 12 of October Anno 1537. So that if our Author had been but as good at Law or Grammar as he is at Heraldry he would not have spoke of a Survivor-ship in such a case when the one person had been long dead before the other was born Fuller Terms of Law when used not in Law-Books nor in any solemn Court but in common Discourse are weaned from their critical sense and admit more latitude If the word surviving should be tied up to legal strictnesse Survivour is appliable to none save onely to such who are Ioint-tenants However because co-viving is properly required in a Survivor those my words had he survived shall be altered into had he lived to survive Prince Edward and then all is beyond exception Dr. Heylin These incoherent Animadversions being thus passed over we now proceed to the Examination of our Authors Principles for weakning the Authority of the Church and subjecting it in all proceedings to the power of Parliaments Concerning which he had before given us two Rules Preparatory to the great businesse which we have in hand First that the proceedings of the Canon Law were subject in whatsoever touched temporals to secular Laws and National Customes And the Laitie at pleasure limited Canons in this behalf Lib. 3. n. 61. And secondly that the King by consent of Parliament directed the proceedings of the Ecclesiastical Court in cases of Heresie Lib. 4. n. 88. And if the Ecclesiastical power was thus curbed and fettered when it was at the highest there is no question to be made but that it was much more obnoxious to the secular Courts when it began to sink in reputation and decline in strength How true and justifiable or rather how unjustifiable and false these two principles are we have shewn already and must now look into the rest which our Author in pursuance of the main Design hath presented to us But first we must take notice of another passage concerning the calling of Convocations or Synodical meetings formerly called by the two Archbishops in their several Provinces by their own sole and proper power as our Author grants fol. 190. to which he adds Fol. 190. But after the Statute of Premunire was made which did much restrain the Papal power and subject it to the Laws of the Land when Arcbishops called no more Convocations by their sole and absolute command but at the pleasure of the King In which I must confesse my self to be much unsatisfied though I finde the same position in some other Authors My reasons two 1. Because there is nothing in the Statuâ—e of Praemunire to restrain the Archbishops from calling these meetings as before that Act extending onely to such as purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such Translations Processes Sentences of Excommunication Bulls Instruments or any other things whatsoever which touch the King against him his Crown and his Regality or his Realm or to such as bring within the Realm or them receive or make thereof notification or any other Execution whatsoever within the same Realm or without c. And secondly because I finde in the Statute of the submission of the Clergy that it was recognized and acknowledged by the Clergie in their Convocation that the Convocation of the said Clergie is alwaies hath been and ought to be assembled alwaies by the Kings Writ And if they had been alwaies call'd by the Kings Writ then
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
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
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
by Pope Adrian the fourth b. 3. p. 29. ¶ 49. ALL-SOULS Colledge in Oxford founded by Hen. Chichely Arch-bishop of Cant. b. 4. p. 182. ARROW a small city in Switzerland where a Congregation of English Exiles in the Reign of Q. Mary b. 8. p. 26. ¶ 41. ALCUINUS or Albinus an eminent Scholar and opposer of Image-worship Cent. 8. ¶ 40. ALFRED the Saxon Monarch his admirable act Cent. 9. ¶ 25. c. foundeth an University at Oxford ¶ 29. c. a solemn Councill kept by him ¶ 42. with the Canons made therein ibidem his death ¶ 44. ALIEN Priors b. 6. p. 33. ¶ 1.2 of two natures ¶ 3. shaken by other Kings ¶ 4. but dissolved by King Henry 5. ¶ 5. William ALLEN Cardinal his death and character b. 9. p. 229. ¶ 12. William AMESE his bitter Sermon against Cards and Dice Hist. of Cam. p. 159. ¶ 41.42 leaveth Christs Colledge for his non-Conformity ¶ 43. AMPHIBALUS so named first by I. Munmoth Cent. 4. ¶ 6. Martyred at Redbourn in Hartfortshire ¶ 7. The fancies about his stake confuted ibidem ANABAPTISTS their beginning in England b. 5. p. 249. ¶ 11. discovered in London b. 9. p. 104. ¶ 12. eleven condemned and two burnt ¶ 13. Lancelot ANDREWS his death and character b. 11. ¶ 46 47 48 49. ANNA King of the East-Saxons happy in his children Cent. 7. ¶ 82. Q. ANNE Wife to King Iames her signal letter to the Town of Rippon b. 10. ¶ 15. ANSELME Arch-bishop of Cant. b. 3. p. 11. ¶ 30. refuseth to lend King Rufus a 1000. pounds ¶ 32. Variance betwixt him and King Rufus p. 12. ¶ 36. c. holdeth a Synod at Westminster p. 16. ¶ 3. the constitutions thereof p. 16 17 18 19. sent to Rome p. 20. ¶ 5. forbids Priests marriage ¶ 7. but dyeth re infecta p. 23. ¶ 18. Io. ARGENTINE challengeth all Cambridge to dispute with him Hist. of Cam. p. 64. ¶ 28. c. ARIMINUM British Bishops present at the Councell kept therein Cent. 4. ¶ 20. And why they refused to receive a Salary from the Emperour ibidem ARLES British Bishops present at the Councell kept therein Cent. 4. ¶ 20. ARISTOBULUS fabulously made by Grecian writerâ— a Bishop of Britain Cent. 1. ¶ 8. ARMES la noble Families still extant relating to the Atchievements of their Ancestours in the holy Land b. 3. p. 40 41 42 43. ARRIANISME infected England as appeares by Gildas his complaint Cent. 4. ¶ 21. King ARTHUR a real worthy of Britain though his actions be much discredited with Monkish fictions Cent. 6. ¶ 2. The SIX ARTICLES contrived by Bishop Gardiner b. 5. p. 203 ¶ 17. to the great trouble of poore Protestants ¶ 18. The 39. ARTICLES composed b. 9. p. 72. ¶ 51. why drawn up in generall terms ¶ 52. by those who had been Confessours 53. confirmed by Statute 55. imposed onely on the Clergy ¶ 56. The 20th ARTICLE concerning the Authority of the Church questioned b. 9. p. 73. inserted in some omitted in other Editions p. 74. ¶ 85. defended by Bishop Laud against Mr. Burton ¶ 59. ARTICLES of Lambeth see Lambeth Thomas ARUNDEL when Arch-bishop of York a cruel persecutour b. 4. p. 151. ¶ 42. when Arch-bishop of Cant. active in deposing King Rich. the second p. 153. ¶ 54. visiteth the Vniversity of Cambridge and all the Colledges therein Hist. of Cam. p. 59 60 c. Affronted at Oxford b. 4. p. 164. ¶ 125. but by the Kings help too hard for the Students p. 165. ¶ his wofull death p. 166. ¶ 30. St. ASAPH his pious Expression Cent. 6. ¶ 13. Iohn ASCHWELL challengeth all Camb. Hist. of Camb. p. 104. ¶ 44. his bad successe ¶ 45. c. Anne ASCOUGH b. 5. p. 242. ¶ 44. Plea for leaving her Husband ¶ 45. first wracked then burnt 46. her prose and poetry 47. Mr. ASHLEY his difference at Frankford with Mr. Home book 8. p. 32 33. ¶ 11. The sad consequences occasioned thereby ¶ 12.13 ASSEMBLEY of Divines their first meeting b. 11. ¶ 1. consisteth of four English quarters p. 198. ¶ 2. besides the Scotish Commissioners p. 199. ¶ 3. the reasons of the Royalists why they would not joyne with them b. 11. p. 199. ¶ 5. first petition for a fast p. 200. ¶ 8. troubled with Mr. Selden b. 11. p. 213. ¶ 54. and with the Erasâ—ians ¶ 55. c. shrewdly checkt for exceeding their bounds p. 214. ¶ 58. their Monuments p. 215. ¶ 66. rather sinketh then endeth ¶ 67. King ATHELSTAN his principle Laws enacted at Greatlea Cent. ¶ 9.10 ATHELWOLPHUS Monarch of the Saxons maketh equivalently a Parliament act for the paying of Tithes Cent. 9. ¶ 8. Objections against the validity thereof answered ¶ 9 10. et sequentibus Granteth Peter-Pence to the Pope ¶ 15. St. AUDRE her chastity Cent. 7. ¶ 108. twice a Wife still a Maid ¶ 109. c. her miraculous monument confuted ¶ 111. c. St. AUGUSTINE the worthy Father Bishop of Hippo said to be born on the same day with Pelagius the Heretick Cent. 5. ¶ 2. AURELIUS AMBROSIUS erecteth a monument in Memory of his Conquest over the Britans Cent. 5. ¶ 25. Causelesly slandered by an Italian writer ¶ 28. AUGUSTINE the MONK sent by P. Gregory to Convert England b. 2. Cent. 6. ¶ 2. by him shrinking for fear is encouraged ¶ 3. mocked by women in his passage ¶ 4. landeth in England ¶ 5. why chusing rather to be Arch-bishop of Cant. then London C. 7. ¶ 1. summons a Synod under his AKE ¶ 2. his proud carriage therein towards the British Clergy ¶ 3. c. his prophesy ¶ 8. arraigned as guilty of murderâ—ng the Monks of Bangor ¶ 10. c. acquitted by the moderation of Mr. Fox ¶ 14. baptiseth ten thousand in one day ¶ 19. his ridiculous miracle ¶ 22. death and Epitaph ¶ 24. without the date of the year ¶ 25. a farewell to him with his character ¶ 26. AUGUSTINEAN Monks b. 6. p. 268. ¶ 67. Colcheâ—er their chief seat ibidem AUGMENTATION court the erection use cause name abolishing thereof b. 6. p. 348 349. AUGUSTINEAN Friers b. 6. p. 273. ¶ 1. The same in Oxford turned into Wadham Coll. b. 10. p. 68. ¶ 30. learned writers of their Order bred in Cambridge Hist. of Camb. p. 30. B. Gervase BABINGTON Bishop of Worcester his death and praise b. 10. p. 56. ¶ 32 33. Roger BACON a great School-man and Mathematician falsly accused for a Conjurer C. 14. p. 96. ¶ 17. many of that name confounded into one ¶ 18. John BACONTHORP a little man and great Scholar p. 97. ¶ 20. BAILIOL COLL. founded by J. Bailiol b. 3. p. 67. and 68. Philip BAKER Provost of Kings an honest Papist Hist. of Cam. p. 142. ¶ 4. John BALE Bishop of Ossory his death character and excusable passim b. 9. p. 67. ¶ 37 38 39. Bishop BANCROFT causlesly condemned for keeping Popish Priests in his house b. 10. ¶ p. 1. his behaviour
ancient evidence we must take his word which whether those of Cambridge will depend upon they can best resolve For my part I forbear all intermedling in a controversie so clearly stated and which hath lain so long asleep till now awakened by our Author to beget new quarrels Such passages in that History as come under any Animadversion have been reduced unto the other as occasion served which the Reader may be pleased to take notice of as they come before him Fuller Because omitted by Arch-Bishop Parker I have the more Cause and Reason to insert it Otherwise had he handled the Subject before the Animadvertor would have cryed out Crambe that there was nothing novel therein Call it I pray The FRINGE of my Book be it but for the Subjects sake whereof it treats my dear Mother the University of Cambridge I live in the same generation with the Animadvertor and I hope shall acquit my self as honest which truly is as wise as himself CHURCH-ROMANCE parciùs ista As I tell the Reader of the burning of those Original Charters so in the same place I charge my Margin with my Author Dr. Caius and thereby discharge my self Doth the Animadvertor now forbear all intermedling therein in this Controversy Why did he not forbear before when setting forth his last Geography some five years since And is it not as lawful for me to defend as for him to oppose my Mother When where and by whom was this Controversie so clearly stated Was it by the Animadvertor himself Such a Party is unfit for a Iudge Or was it stated by the Parliament mentioned by him 1 mo Iacobi when as he telleth us the Clerk was commanded to place Oxford first But it plainly appears it was not then so clearly decided but that the question was ever started again in the late long Parliament with Arguments on both Sides Witness the printed Speech of Sir Simonds D'EWES on that occasion Dr. Heylyn All these extravagancies and impertinencies which make up a fifth part of the whole Volume being thus discharged it is to be presum'd that nothing should remain but a meer Church History as the Title promiseth But let us not be too presumptuous on no better grounds Fuller The Animadvertor's Words mind me of a Memorable passage which hereafter he hath in his Animadversions on my Sixth Book or History of Abbeys The Intruder payeth to the Sequestred Minister but a NINETEENTH part in stead of a FIFTH But if the FIFTH-PART in relation to my Book be here stated to the same proportion for the NINETEENTH yet will not the Animadvertor's measure be reconciled to the Standard of Truth Dr. Heylyn For on a Melius inquirendum into the whole course of the Book which we have before us we shall find too little of the Church and too much of the State I mean too little of the Ecclesiastical and too much of the Civil History It might be reasonably expected that in a History of the Church of England we should have heard somewhat of the foundation and enlargement of Cathedral Churches if not of the more eminent Monasteries and Religious Houses and that we should have heard somewhat more of the succession of Bishops in their several and respective Sees their personal Endowments learned Writings and other Acts of Piety Magnificence and publick Interess especially when the times afforded any whose names in some of those respects deserv'd to be retain'd in everlasting remembrance Fuller I doubt not but the Reader who hath perused my Church-History will bear me witness that therein there is a competent Representation of all these particulars so far forth as the Proportion of the Book will bear Dr. Heylyn It might have been expected also that we should have found more frequent mention of the calling of National and Provincial Synods with the result of their proceedings and the great influence which they had on the Civil State sparingly spoken of at the best and totally discontinued in a manner from the death of King Henry the fourth until the Convâ—â—â—tion of the yeer 1552. of which no notice had been taken but that he had a mind to question the Authority of the Book of Articles which came out that year though publisht as the issue and product of it by the express Warrant and Command of King Edward the sixth Fuller All Councels before the Conquest with their Canons are compleatly and the most remarkable after it represented in my History With what face can the Animadvertor say that I have discontinued the Acts of the Convocation till the year 1552 The Acts of one critical Convocation in the 27 of Henry the eighth 1535. taking up no less than eight sheets in my Book and another in the same Kings Reign imploying more than a sheet Dr. Heylyn No mention of that memorable Convocation in the fourth and fifth years of Philip and Mary in which the Clergy taking notice of an Act of Parliament then newly passed by which the Subjects of the Temporality having Lands to the yearly value of five pounds and upwards were charged with finding Horse and Armour according to the proportion of their yearly Revenues and Possessions did by their sole authority as a Convocation impose upon themselves and the rest of the Clergy of this Land the finding of a like number of Horses Armour and other Necessaries for the War according to their yearly income proportion for proportion and rate for rate as by that Statute had been laid on the Temporal Subjects Fuller I am confident that this is the self-same Convocation which is thus entered in my Church-History Book 8. p. 39. Anno 1557. quinto Mariae The Clergy gave the Queen a Subsidie of eight shillings in the pound confirmed by Act of Parliament to be paid in four years In requital whereof by Poole 's procurement the Queen Priviledged them from shewing their horses with the Laily yet so that they should muster them up for the defence of the Land under Captains of their own own chusing I cannot therefore be justly charged with no mention of the Acts of this Convocation Dr. Heylyn And this they did by their own sole Authority as before was said Ordering the same to be levyed on all such as were refractory by Sequestration Deprivation Suspension Excommunication Ecclesiastical Censures all without relating to any subsequent confirmation by Act of Parliament which they conceiv'd they had no need of Fuller I took the less notice of and gave the less heed to the transactions of the Clergy therein because then they were in their Hufte and Height furious with Fire and Fagot so that all done by them de facto cannot be justified for Legal who sometimes borrowed a point of Law even with intent never to repay it in their proceedings It may be proved out of Mr. Fox that some at that time by a cruell Prolepsis antedated the burning of some Martyrs before the Writ de Haeretico Comburendo came unto them Wherefore all their actions
that the King should never be restored to his place and Power by which he might be called to a reckoning for them Fuller It Seems Multa videntur quae non sunt The Inference is false and forced Titus Livius lived in Imperial yet wrote of Regal Consulatory Tribunitial at Rome without the least imputation of falshood I conceive Monarchical Aristocratical and Democralical truth to be One and the Same It followeth not that two-faced Ianus as beholding two worlds one before the other after the Flood had also two Hearts I did not attemper my History to the Palat of the Government so as to sweeten it with any Falshood but I made it Palatable thus far forth as not to give a wilful disgust to those in present Power and procure danger to my self by using any over-salt tart or bitter Expression better forborn than inserted without any prejudice to the Truth Dr. Heylyn For in the second Book he reckons the Cross in Baptism for a Popish Trinket by which it appears not I am sure to have been written in the time of Kingly Government that being no expression sutable unto such a time Fuller Should I simply and absolutely call the Cross in Baptisme a Popish Trinket my fore-head Signed therewith would give my Tongue the lye and return the Popery in the teeth thereof I behold it as an Ancient and Significant Ceremony but in no degree essentiall to or completory of the Sacrament witness the wisdome of the Church of England which in private Baptism permitteth the omitting thereof But when Ceremonyes shall devour their distance and intrude themselves necessary and essential it is high time to term them Superstititious Trinkets The rest I referr to what I have written when this passage recurreth in the place cited by the Animadvertor Dr. Heylyn Secondly speaking of the precedency which was fixt in Canterbury by removing the Archiepiscopal See from London thither he telleth us that the matter is not much which See went first when living seeing our Age hath laid them both alike level in their Graves But certainly the Government was not changed into a State or Commonwealth till the death of the King and till the death of the King neither of those Episcopall Sees nor any of the rest were laid so level in their Graves but that they were in hope of a Resurrection the King declaring himself very constantly in the Treaty at the Isle of Wight as well against the abolishing of the Episcopal Government as the alienation of their Lands Thirdly In the latter end of the same Book he makes a great dispute against the high and sacred priviledge of the Kings of England in curing the disease comonly called the Kings Evil whether to be imputed to Magick or Imagination or indeed a Miracle next brings us in an old Wives Tale about Queen Elizabeth as if she had disclaimed that power she daily exercised and finally manageth a Quarrel against the form of Prayer used at the curing of that Evil which he arraigns for Superstition and impertinencies no inferior Crimes Are all these passages proper to that Government also Finally in the third Book he derogates from the power of the Church in making Canons giving the binding and concluding Power in matters which concern the civil Rights of the Subjects not to the King but to the Lay-people of the Land assembled in Parliament which game he after followeth in the eighth and last And though it might be safe enough for him in the eighth and last to derogate in this manner from the King's supremacy in Ecclesiastical affairs yet certainly it was neither safe for him so to do nor proper for him so to write in the time of the Kingly Government unless he had some such wretched hopes as before we spake of Fuller I desire the Reader to remember my late words as the Animadvertor recited them FOR THE MAIN I confess though these Books were written in the Reign of King Charles yet after his Death I interpolated some lines and amongst others that of levelling all Bishopricks I raised no dispute against the Kings curing the Evil it being raised before I was born and which I endeavoured to allay referring it to Miracle as to the peruser of my History in that place will appear I tell no old Wives Tale of Queen Elizabeth it being a Masculine Truth from most authentick Authors I derogate not in the least degree from the power of the Church but the Animadvertor doth arrogate unto it more then is due by the Lawes of God and Man maintaining that Church-men may go beyond Ecclesiastical Censures even to the Limbs and Lives of such as are Recusants to their Constitutions WRETCHED and what formerly he said DISLOYAL HOPES I defie and return them in the Teeth of him that wrote the words He had WRETCHED AND DISLOIAL HOPES who wrote that King Iames went to New-market as Tiberius to his Capreae he waved his Loyalty and Discretion together who so saucily and un-subject-like counted how often King Charles waved his Crown Here give me leave to tell the Animadvertor that such whom he slighteth for LOW-ROYALISTS were whilst they had a King in England as HIGH in their Loyalty to him Prayers and Sufferings for him as those HIGH-ROIALISTS who maintain that all goods of the Subjects are at the King 's absolute Dispose and yet since those Kings are departed this life can write of them in so base and disparaging Language that any one of the LOW-ROIALISTS would have his right hand cut off rather then write the like Reader pardon my too just passion when DISLOIALTY is laid to my charge It is with me Either now speak or else for ever hereafter hold your Peace Dr. Heylyn I must needs say that on the reading of these Passages and the rest that follow I found my self possest with much Indignation And I long expected when some Champion would appear in the Listes against this Goliah who so reproachfully had defied the whole Armyes of Israel And I must needs confess withal that I did never enter more unwillingly on any undertaking But beeing solicited thereunto by Letters Messages and several personal Addresses by Men of all Orders and Dignityes in the Church and of all degrees in the Universities I was at last overcome by that Importunity which I found would not be resisted Fuller Indignation is grief and anger boiled up to the height What just cause I have given for so great passion the Reader will judge If I be a Goliah in this point may I have his Success to be conquered killed and my head cut off even with my own Sword If I be none May the Animadvertor be graciously pardoned And it may be he shall never come off any undertaking more unhappily I could mate him with telling him that Men of all Sorts and Sizes their Equals in Number and Quality have likewise importuned me not tamely to sit down but to vindicate my own credit and conscience Dr. Heylyn
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
the Canon devested of the power of Doing it such vendition and emption being by the Common-Law preserved unto them though now very commendably long disused And whereas the Clergy in their Answer pretend all their Canons grounded on the Word of God I would fain be informed where they finde in the New-Testament which ought to regulate their proceedings that the power of the Church extendeth to life limb or estate Sure I am her censures appear spiritual on the soul by those expressions Binde on Earth Cast out Deliver to Satan c. But because the Reader reserveth a lager prosecution of this point for another time we will also respit our larger answer hereunto Dr. Heylin Our Author proceeds Fol. 24. Indeed 1. Davids had been Christian some hundred of years whilest Canterbury was yet Pagan Not many hundred years I am sure of that nor yet so many as to make a plural number by the Latin Grammer Kent being conquered by the Saxons who brought in Paganism Anno 455. Converted unto Christianity by the preaching of Austin Anno 569. Not much more than 140. years betwixt the one and the other Fuller The Christian Antiquity of St. David bare a double Date one native or inherent the other adopted and Reputative 1. The Inherent from the time that St. David fixed there on which account I believe it was no more than 140. years senior to Canterbury 2. The Reputative from the first founding of a Bishoprick at Carleon by King Lucius which indifferently stated was about the year of our Lord 169 which was four hundred years before Canterbury Now it is notoriously known that the antiquity of Carleon whence the See was removed in computation of the seniority is adjected to St. Davids her adopted Daughter Hence was it that the Abbot of Bancar in his Answer unto Austin acknowledged himself and his Convent under the Government of the Bishop of Carleon upon Uske though then no Bishop therein meaning St. Davids thereby as Dr. Hammond and others doe unanimously allow Thus grafting St. Davids as it ought on the Stock of Carleon it is senior in Christianity to Canterbury four hundred years and FOUR may be termed Some in the stricktest propriety of Language Dr. Heylin Our Author proceeds Fol. 29. To whose honour he viz. King Stephen erected St. Stephens Chappel in Westminster neer the place where lately the Court of Requests was kept Our Author is here mealy mouth'd and will not parler le tout as the French men say For otherwise he might have told us that this Chappel is still standing and since the surrendry of it to King Edward the sixth hath been used for a Parliament House imployed to that purpose by the Commons as it still continueth What might induce our Author to be thus reserved I can hardly tell unless it be to prevent such inferences and observations which by some wanton wits might be made upon it Fuller I hope rather some gracious hearts will make pious improvement thereupon praying to God that seeing so many signal persons are now assembled therein the very place once dedicated as a Chappel to St. Stephen may be their more effectual Remembrancer to imitate the purity and piety of that renowned Saint That so God may be invited graciously to be present amongst them to over-rule all their consultations to his Glory the Good of the Church and State and the true honour of the Nation And to this let every good man say Amen Dr. Heylin Our Author proceeds Fol. 40. By the same title from his Father Jeffery Plantagenet be possessed fair lands in Anjou and Maine I had thought he had possessed somewhat more in Anjou and Maine than some fair Lands onely his Father Ieffrey Plantagenet being the Proprietary Earl of Anjou Maine and Toureine not a titular onely succeeded in the same by this King Henry and his two sons Richard and Iohn till lost unhappily by the last with the rest of our Estates on that side of the Sea From this Ieffery descended fourteen Kings of the name of Plantagenet the name not yet extinguished though it be improverished Our Author speaking of one of them who was found not long since at the Plow Lib. 2. p. 170. Another of that name publishing a Book about the Plantation of New-Albion Anno 1646. or not long before Fuller The frequent and familiar figure of MOISIS will rectifie all wherby lesse is said than meant and therefore more must be understood than is said Besides it made me mince my expression being loath to exceed because this Ieffery did not to me appear though the Earl so intire in those Dominions but that the Kings of France and England had Cities and Castles interposed therein Dr. Heylin Our Author proceeds Fol. 53. King John sent a base degenerous and unchristian Embassage to Admitalius Mutmelius a Mahometan King of Morocco then very puissant and possessing a great part of Spain This Admiralius Murmelius as our Author and the old Monks call him was by his own name called Mahomet Enaser the Miramomoline of Morocco to whom if King Iohn sent any such Message it was as base unchristian and degenerate as our Author makes it Fuller I will ingenuously confesse that the first time I found this Story was in the Doctors Miâ—ro-cosm the novelty making me take the more notice thereof Though since I have met with it in M. Paris the fountain and other Authors the channels thereof I conceive it was as lawfull for me to relate it as for the Animadvertor who epitheis this Embassy BASE DEGENEROUS and UNCHRISTIAN the words which in me he reproveth Dr. Heylin But being the credit of the Tale depends upon the credit of the Monkish Authors to which brood of men that King was known to be a prosessed Enemy hating and hated by one another it is not to be esteemed so highly as a piece of Apocrypha and much lesse to be held for Gospel Fuller Here he rather speaks aliter than alia from what I had written on the same Subject who thus concluded the Character of King Iohn Church-Hist Book 3. pag. 54. We onely behold him Him thorough such a Light as the Friers his foes shew him in who so hold the candle that with the Shadow thereof they darken his virtues and present onely his Vices yea and as if they had also poysoned his memory they cause his faults to swell to a prodigious greatnesse making him with their pens more black in conditions than the Morocco King whose aid he requested could be in complexion Here I desire to give the Reader a â—aste of what doth frequently occur in this Book and of what I justly did complain viz. the Animadvertor sometimes not liking my language as not proper and expressive enough substituteth his own with little or no variation of matter I confesse he is not bound to use my words and such variations simply in it self is no wrong unto me but it becometh
was made Knight of the Bath at the Coronation of King Iames Anno 1603. and afterwards created Lord Montague of Boughton in the nineteenth year of that King Anno 1621. which honourable Title is now enjoyed by his Son another Edward Anno 1658. And thirdly though I grant that Dr. Iames Montague Bishop of Winchester the second Brother of the four was of great power and favour in the time of King Iames. Thus far Dr. Heylin out of his Advertisements written in correction of Mr. Sandersons History of the Reign of King Iames. To rectifie this heap of Errors not to be paralleled in any Author pretending to the emendation of another I have here plainly set down the Male-pedegree of this Noble Numerous and successfull Family 1 Sir Edward Montague Lord Chief Justice in the Reign of King Henry the eighth 2 Sir Edward Montague a worthy Patriot in the Reign of Queen Elizabeth Sir Walter Montague Knight second Son died without Issue Sir Henry Montague third Son Earl of Manchester Lord Chief Justice Lord Treasurer c. Edw. Montague now Earl of Manchester besides other Sons 3 Sir Edward Montague made Knight of the Bath at the Coronation of King Iames never a Martialist and created by Him Baron Montague of Boughton dying in the beginning of the Civill Warres William Mountague Esq of the Middle-Temple second Son 4 Edward now Lord Montague of Boughton Ralfe Montague Esq second Son Edward Montague Esq eldest Son Christopher Montague third Son died before his Father being a most hopefull Gentleman Sir Charles Montague fourth Son who did good service in Ireland and left three Daughters and Co-heirs Iames Montague fifth Son Bishop of Winchester died unmarried Sir Sidney Montague sixth Son Master of the Requests Edward Montague now Admirall and one of the Lords of the Councel I presume the Animadvertor will allow me exact in this Family which hath reflected so fauourably upon me that I desire and indeed deserve to live no longer than whilest I acknowledg the same THE FOURTH BOOK From the first preaching of Wickliffe to the beginning of the Reign of King Henry the eighth Dr. Heylin OUR Author begins this Book with the Story of Wickliffe and continueth it in relating the successes of him and his followers to which he seems so much addicted as to Christen their Opinions by the name of the Gospel For speaking of such incouragements and helps as were given to Wickliffe by the Duke of Lancaster with other advantages which the conditions of those times did afford unto him he addeth That Fol. 129. We must attribute the main to Divine Providence blessing the Gospel A name too high to be bestowed upon the Fancies of a private man many of whose Opinions were so far from truth so contrary to peace and civil Order so inconsistent with the Government of the Church of Christ as make them utterly unworthy to be look'd on as a part of the Gospel Or if the Doctrines of Wickliffe must be call'd the Gospel what shall become of the Religion then establisht in the Realm of England and in most other parts of the Western World Were all but Wickliffes Followers relaps'd to Heathenism were they turn'd Jews or had imbrac'd the Law of Mahomet If none of these and that they still continued in the faith of Christ delivered to them in the Gospels of the four Evangelists and other Apostolicall Writers Wickliffes new Doctrines could not challenge the name of Gospel noâ— ought it to be given to him by the Pen of any But such is the humor of some men as to call every separation from the Church of Rome by the name of Gospel the greater the separation is the more pure the Gospel No name but that of Evangelici would content the Germans when they first separated from that Church and reformed their own And Harry Nichols when he separated from the German Churches and became the Father of Familists bestows the name of Evangelium Regni on his Dreams and Dotages Gospels of this kinde we have had and may have too many quot Capita tâ—t Fides as many Gospels in a manner as Sects and Sectaries if this world goe on Now as Wickliffes Doctrines are advanc'd to the name of Gospel so his Followers whatsoever they were must be called Gods servants the Bishops being said fol. 151. to be busie in persecuting Gods servants and for what crime soever they were brought to punishment it must be thought they suffered onely for the Gospel and the service of God A pregnant evidence whereof we have in the story of Sir Iohn Oldcastle accused in the time of King Harry the fifth for a design to kill the King and his Brethren actually in Arms against that King in the head of 20000 men attainted for the same in open Parliament and condemn'd to die and executed in St. Giles his Fields accordingly as both Sir Roger Acton his principal Counsellor and 37 of his Accomplices had been before For this we have not onely the Authority of our common Chronicles Walsingham Stow and many others but the Records of the Tower and Acts of Parliament as is confessed by our Author fol. 168. Yet coming out of Wickliffes Schools and the chief Scholar questionlesse which was train'd up in them he must be Registred for a Martyr in Fox his Calendar And though our Author dares not quit him as he sayes himself yet such is his tendernesse and respect to Wickliffes Gospel that he is loath to load his Memory with causlesse Crimes fol. 167. taxeth the Clergie of that time for their hatred to him discrediteth the relation of T. Walsingham and all later Authors who are affirm'd to follow him as the Flock their Belweather and finally leaves it as a special verdict to the last day of the Revelation of the righteous Iudgements of God Fuller First I fain would know whether the Animadvertor would be contented with the Condition of the Church of England as Wickliffe found it for Opinions and Practise and doth not earnestly desire a Reformation thereof I am charitably confident that He doth desire such an Emendation and therefore being both of us agreed in this Point of the convenience yea necessity thereof in the second place I would as fain be satisfied from the Animadvertor whether He conceived it possible that such Reformation could be advanced without Miracle all on a sodain so that many grosse Errors would not continue and some new one be superadded The man in the Gospel first saw men walking as trees before he saw perfectly Nature hath appointed the Twilight as a Bridge to passe us out of Night into Day Such false and wild opinions like the Scales which fell down from the Eyes of St. Paul when perfectly restored to his sight have either vanished or been banished out of all Protestant Confession Far be it from me to account the rest of England relapsed into Atheism or lapsed in Iudaism Turcism c. whom I behold as Erronious Christians
alive to present it intire defecated from the calumniations of his Adversaries and therefore impossibilities are not to be expected from me Yet am I not such an Admirer of Wickliffe but that I beleeve he did defend some grosse Errors and it had been no wonder if it were but had been a miracle if it had not been so considering the frailty of flesh darknesse of the Age he lived in and difficulty of the Subject he undertook But because the Animadvertor referres to something following in my fifth Book I will also reserve my self for his Encounter in time and place appointed Dr. Heylin Our Author proceeds Fol. 152. He lies buried in the South Isle of St. Peters Westminster and since hath got the company of Spencer and Drayton Not Draytons company I am sure whose body was not buried in the South-Isle of that Church but under the North wall thereof in the main body of it not far from a little dore which openeth into one of the Prebends houses This I can say on certain knowledge being casually invited to his Funeral when I thought not of it though since his Statua hath been set up in the other place which our Author speaks of Fuller I follow the Information in his Epitaph on his Tombe near the South dore in Westminster Abbey Doe Pious Marble let the Readers know What they and what their Children owe To DRAITONS name whose sacred Dust We recommend unto thy trust Preserve his Memory and protect his Story Remain a lasting Monument of his Glory And When thy Ruine shall disclaim To be the Treasurer of his name His name which cannot dye shall be An Everlasting Monument to thee Have Stones learnt to Lye and abuse posterity Must there needs be a Fiction in the Epitaph of a Poet If this be a meer Cenotaph that Marble hath nothing to doe with Draitons Dust but let us proceed Dr. Heylin Our Author proceeds Fol. 153. The right to the Crown lay not in this Henry but in Edmund Mortimer Earl of March descended by his Mother Philippa from Lionel Duke of Clarence elder son to Edward the third I shall not now dispute the Title of the House of Lancaster though I think it no hard matter to defend it Fuller I think it is not onely difficult but impossible except the Animadvertor can challenge the Priviledge of the Patriarch Iacob to crosse his Hands and prefer the younger before the Elder Child in succession Again the Title of Lancaster may be considered either 1. As it was when Henry the fourth first found it 2. As it was when Henry the sixth last left it The latter of these was countenanced with many Laws corroborated with three descents and almost threescore years possession Know Reader my words are of the right where it was when Henry the fourth first seized the Crown and then he had not a Rag of Right to cover his Usurpation Instead of justifying whereof let us admire Gods free Pleasure in permitting the House of Lancaster to last so long his Iustice in assisting York afterwards to recover their Right and his Mercy at last in uniting them both for the happinesse of our Nation Dr. Heylin And much lesse shall I venture on the other controversie viz. whether a King may Legally be depos'd as is insinuated by our Author in the words foregoing Fuller If seems the Animadvertor finds little in my Book above ground for his purpose to cavil at because fain to Mine for my insinuations But let the Reader judge whether any man alive can from those my words the right lay not in this Henry but in Mortimer Earl of March infer an INSINUATION that Kings may legally be deposed This Insinuation must be in Sinu in the Bosom of the Animadvertor which never was in the breast of the Author More perspicacitie must be in the Organ than perspicuity in the Object to perceive such an Insinuation Dr. Heylin But I dare grapple with him in a point of Heraldry though I finde him better studied in it than in matter of History And certainly our Author is here out in his own dear Element Edmund Mortimer Earl of March not being the Son but Husband of the Lady Philippa Daughter of Lionel Duke of Clarence and Mother of Roger Mortimer Earl of March whom Richard the second to despite the house of Lancaster declared Heir apparent to the Kingdome of England 'T is true this Edmund was the Son of another Philippa that is to say of Philip Montacute wife of a former Roger Earl of March one of the founders of the Garter So that in whomsoever the best Title lay it lay not in this Edmond Mortimer as our Author makes it Fuller It is a meer casual slip of my Pen Edmund for Roger and this is the first time I crave the Benefit of this Plea in my defence Dr. Heylin Our Author proceeds Fol. 154. This is one of the clearest distinguishing Characters betwixt the Temporal and Spiritual Lords that the former are to be tryed per Pares by their Peers being Barons of the Realm Not shall I here dispute the point whether a Bishop may not challenge to be tryed by his Peers but whether the Bishops were not Barons and Peers of the Realm Our Author intimates that they were not but I think they were Fuller From a late Insinuation the Animadvertor now proceeds to a new Intimation of mine utterly unextractable from my words But know it never came into my minde to think that Bishops were not Peers who to my power will defend it against any who shall oppose it Dr. Heylin And this I think on the authority of the learned Selden in whom we finde that at a Parliament at Northampton under Henry the second the Bishops thus challenge their own Peerage viz. Non sedemus hic Episcopi sed Barones Nos Barones vos Barones Pares hic sumus that is to say We sit not here as Bishops onely but as Barons We are Barons and you are Barons here we sit as Peers Which last is also verified in terminis by the words of a Statute or Act of Parliament wherein the Bishops are acknowledged to be Peers of the Land And for further proof hereof Iohn Stratford Archbishop of Canterbury if I remember it aright being fallen into the displeasure of King Edward the third and denyed entrance into the House of Peers made his Protest that he was Primus par Regni the first Peer of the Realm and therefore not to be excluded from his place and Suffrage Fuller This indeed is one of the most ancient and pregnant Evidence of our Bishops sitting as Peers in Parliament But I suspect it may be mis-improved by the Back-friends to Bishops that they sate there onely in the Capacity of Peers and not a THIRD ESTATE Dr. Heylin But of this Argument enough if not too much as the case now stands it being an unhappy thing to consider what they have been formerly and what they are
Ghostly Father cannot give or enjoyn any penance at all 11. That it is sufficient for a Man or Woman to make their confession to God alone 12. That it is as lawfull at all times to confesse to a Lay-man as to a Priest 13. That it is sufficient that the sinner doe say I know my self a sinner 14. That Bishops Ordinaries and Eccelesiastical Iudges have no Authority to give any sentence of Excommunication or censure ne yet to absolve or loose any man from the same 15. That it is not necessary or profitable to have any Church or Chappel to pray in or to doe any divine service in 16. That buryings in Churches and Church-yards be unprofitable and vain 17. That the rich and costly Ornaments in the Church are rather high displeasure than pleasure or honour to God 18. That our Lady was no better than another Woman and like a bag of Pepper or Saffron when the spice is out 19. That Prayers Suffrages Fasting or Alms-deeds doe not help to take away sin 20. That Holy-dayes ordained and instituted by the Church are not to be observed and kept in reverence in as much as all dayes and times be alike 21. That Plowing and Carting and such servile work may be done in the same without any offence at all as on other dayes 22. That it is sufficient and enough to beleeve though a man doe no good works at all 23. That seeing Christ hath shed his blood for us and Redeemed us we need not to doe any thing at all but to believe and repent if we have offended 24. That no humane Constitutions or Laws do binde any Christian man but such as be in the Goâ—pels Pauls Epistles or the New Testament and that a man may break them without any offence at all 25. That the singing or saying of Mass Mattens or Even song is but a roring howling whistling mumming tomâ—ing and jugling and the playing on the Organs a foolish vanity This is our Authors golden Oare out of which his new Protestant Religion was to be extracted So happily refin'd that there is nothing of the Old Christian Religion to be found therein Which though our Author doth defend as Expressions rather than Opinions the Careers of the Soul and Extravagancies of humane infirmity as he doth the rest yet he that looks upon these points and sees not in them the rude draught and lineaments of the Puritan Plat-form which they have been hammering since the time of Cartwright and his Associates must either have better eyes than mine or no eyes at all I see our Author looks for thanks for this discovery for publishing the paper which contain'd these new Protestant truths and I give him mine Fuller I have many things to return in this Contest First had I garbled the Opinions of my own Head and not presented them to the Reader as I found them presented in the Records of the Convocation then the Animadvertor had had just advantage against me Secondly He taketh exception at me in his Introduction for not giving in the Degrees by which Heterodoxies in Religion were ejected and cast out Yet not he is offended at me because I goe about to doe it shewing how bad Religion was before the Reformation even in the best Professors thereof Thirdly It is more than probable that these Opinions presented by such as were disaffected to the Reformation were not over favourably stated but rather worded to the disadvantage Fourthly Some of these Opinions thus condemned by the Animadvertor are â—ound in themselves I instance in that which in this his List is the eleventh in number viz That it is sufficient for a man or woman to make confession to God alone This at this day is defended by the Protestanâ— Church which though commending Confession as expedient in some cases especially when the afflicted Conscience cannot otherwiâ—e get any eaâ—e yet doth it not command it on any as necessary necessitate precepti so that the omission thereof should amount to a sin I am confident that the Animadvertor himself never solemnly confessed his sins to any but to God aloâ—e And it is injurious in him to demand of another to doe that which was never done by himself Lastly How unjust were it to put all Ieremies bud figs by themselves and thence to conclude all the rest which indeed were very good to be like unto them Such the dealing of the Animadvertor herein who hath called out the very Refuse and Dross of the Dross in these Opinions and left out the rest then maintained by Gods People in opposition to the Errors and Superstition of that Age some whereof are here inserted 1. They deny Extreme Unction to be any Sacrament 2. That all those are Antichrists who deny the Laity the Sacrament under both kindes 3. That it is plain Idolatry to set up any Lights before any Images or in any place of the Church in time of Divine Service as long as the Sun giveth light 4. That Auâ—icular Confession is invented to know the secrets of mens hearts and to pull money out of their purse 5. That Sainâ—s are not to be invocated and that they understand not nor know nothing of our Petitions nor can be Mediators or Intercessors betwixt us and God 6. That Diriges Massâ—s c. done for the Souls of those which are departed out of this World are buâ— vain and of no profit 7. That Souls departed goe strait to Heaven others to Hell 8. That there is no mean place betwixt Heaven and Hell where Souls departed may be affâ—cted 9. That there is no distinction of Sin to be Venial and Mortal 10. That hallowed Water Bread Candles Ashes Palmes are of none effect and are onely used to seduce people The rest I refer to my Church-History Had that all been like these I would have called them the Gold but because of many Errors mixed amongst them I resume my Metaphor and term them the Golden Oare out of which the Reformed Christian Religion was extracted And let the Author and Reader joyn in their thanks to Gods Goodnesse by whose blessing on the pious endeavors of the Reformers thâ— bad Figs I mean those false indiscreet scandalous and dangerous Doctrines are cashired and condemned and the good ones understand me the Positions which were pious and orthodox retained defended and practised at this day in the Church of England Dr. Heylin Our Author proceeds Fol. 239. At this time also were the Stews suppressed by the Kings command And I could wish that some command had been laid upon our Author by the Parliament to suppresse them also and not to have given them any place in the present History especially not to have produc'd those arguments by which some shamelesse persons endeavoured to maintain both the conveniency and necessity of such common Brothel-houses Had Bishop Iewel been alive and seen but half so much from Dr. Harding pleading in behalf of the common women permitted by the Pope in Rome he would
certainly before the Statute of Praemunire for that the whole Clergy in their Convocation should publiquely declare and avow a notorious falshood especially in a matter of fact is not a thing to be imagined I must confesse my self to be at a losse in this intricate Labyrinth unless perhaps there were some critical difference in those elder times between a Synod and a Convocation the first being call'd by the Arch-bishops in their several and respective Provinces as the necessities of the Church the other only by the King as his occasion and affairs did require the same But whether this were so or not is not much material as the case now stands the Clergie not assembling since the 25 of King Henry the eighth but as they are convocated and convened by the Kings Writ only I only add that the time and year of this submission is mistook by our Author who placeth it in 1533. whereas indeed the Clergy made this acknowledgement and submission in their Convocation Anno 1532. though it pass'd not into an Act or Statute till the year next following Well then suppose the Clergy call'd by the Kings Authority and all their Acts and Constitutions ratified by the Royals assent are they of force to binde the Subject to submit and conform unto them Not if our Author may be judge for he tels us plainly Fol. 191. That even such Convocations with the Royal assent subject not any for recusancie to obey their Canons to a civil penalty in person or property until confirmed by Act of Parliament I marvel where our Author took up this opinion which he neither findes in the Registers of Convocation or Records of Parliament Himself hath told us fol. 190. that such Canons and Constitutions as were concluded on in Synods or Convocations before the passing of the Statute of Praemunire were without any further Ratification obligatory to all subjected to their jurisdiction And he hath told us also of such Convocations as had been called between the passing of the Statute of Praemunire and the Act for Submission that they made Canons which were binding although none other than Synodical Authority did confirm the same Upon which premisses I shall not fear to raise this Syllogism viz. That power which the Clergy had in their Convocations before their submission to the King to binde the Subject by their Canons and Constitutions without any further ratification than own Synodical Authority the same they had when the Kings power signified in his Royal assent was added to them but the Clergy by our Authors own confession had power in their Convocations before their submission to the King to bind the Subject by their Canons and Constitutions without any further ratification than their own Synodical Authority Ergo they had the same power to bind the Subjects when the Kings power signified by the Royal assent was added to them The Minor being granted by our Author as before is shewed the Major is onely to be proved And for the proof hereof I am to put the Reader in minde of a Petition or Remonstrance exhibited to the King by the House of Commons Anno 1532. in which they shewed themselves agrieved that the Clergy of this Realm should act Authoriâ—atively and Supremely in the Convocations and they in Parliament do nothing but as it was confirmed and ratified by Royal assent By which it seems that there was nothing then desired by the House of Commons but that the Convocation should be brought down to the same level with the Houses of Parliament and that their Acts and Constitutions should not binde the Subject as before in their Goods and Possessions until they were confirmed and ratified by the Regal Power The Answer unto which Remonstrance being drawn up by Dr. Gardiner then newly made Bishop of Winchester and allowed of by both Houses of Convocation was by them presented to the King But the King not satisfied with this Answer resolves to bring them to his bent lest else perhaps they might have acted something to the hindrance of his divorce which was at that time in agitation and therefore on the tenth of May he sends a Paper to them by Dr. Fox after Bishop of Hereford in which it was peremptorily required That no Constitution or Ordinance shall be hereafter by the Clergy Enacted Promulged or put in Execution unlesse the Kings Highnesse do approve the same by his high Authority and Royal assent and his advice and favour be also interponed for the execution of every such Constitution among his Highnesse Subjects And though the Clergy on the receipt of this paper remov'd first to the Chappel of St. Katherines and after unto that of St. Dunstan to consult about it yet found they no Saint able to inspire them with a resolution contrary to the Kings desires and therefore upon the Wednesday following being the fifteenth of the same Moneth they made their absolute submission binding themselves in Verbo Sacerdotii not to make or execute any Canons or other Synodical Constitutions but as they were from time to time enabled by the Kings Authority But this submission being made unto the King in his single person and not as in conjunction with his Houses of Parliament could neither bring the Convocation under the command of Parliaments nor render them obnoxiâ—us to the power thereof as indeed it did not But to the contrary hereof it is said by our Author that Fol. 194. He viz. the King by the advice and consent of his Clergy in Convocation and great Councel in Parliament resolved to reform the Church under his inspection from grosse abuses crept into it To this I need no other Answer than our Author himself who though in this place he makes the Parliament to be joyned in Commission with Convocation as if a joynt Agent in that great businesse of Reforming the Church yet in another place he tels us another tale For fol. 188. It will appear saith he and I can tell from whom he saith it upon serious examination that there was nothing done in the Reformation of Religion save what was acted by the Clergy in their Convocations or grounded on some Act of theirs precedent to it with the Advice Counsel and Consent of the Bishops and most eminent Church-men confirmed upon the Postfact and not otherwise by the Civil Sanction according to the usage of the best and happiest times of Christianity So then the Reformation of the Church was acted chiefly by the King with the advice of the Clergy in their Convocation the confirmation on the post-fact by the King in Parliament and that by his leave not in all the Acts and Particulars of it but in some few onely for which consult the Tract entituled The Way and Manner of the Reformation of the Church of England Now as our Author makes the Parliament a joynt Assistant with the King in the Reformation so he conferreth on Parliaments the Supreme Power of ratifying and confirming all Synodical Acts. Fol. 199. The
to a more pleasant tune from barking for food to the blessing of those who procured it Now let any censure this a digression from my History for though my Estate will not suffer me with Job to be eyes to the blind and feet to the lame I will endeavor what I can to be a tongue for the Dumbe Let the Reader judge betwixt me and the Animadvertor whether in this particular matter controverted I have not done the poor Clergy as much right as lay in my power and more than consisted with my safety Dr. Heylin Our Author proceeds Fol. 357. But this was done without any great cost to the Crown onely by altering the Property of the place from a late made Cathedral to an Abbey Our Author speaks this of the Church of Westminster which though it suffered many changes yet had it no such change as our Author speaks of that is to say from a Cathedral to an Abbey without any other alteration which came in between c. Fuller I said not that it was immediatly changed from a Cathedral to an Abbey but that it was changed and that without any great cost to the Crown so my words want nothing but a candid Reader of them Dr. Heylin Our Author proceeds Fol. 359. Nor can I finde in the first year of Queen Elizabeth any particular Statute wherein as in the reign of King Henry the eight these Orders are nominatim suppressed c. But first the several Orders of Religious Persons were not suppressed nominatim except that of St. Iohns by a Statute in the time of King Henry the eighth Secondly if there were no such Statute yet was it not because those Houses had no legal settlement as it after followeth Queen Mary being vested with a power of granting Mortmains and consequently of founding these Religious Houses in a legal way Thirdly there might be such a Statute though our Author never had the good luck to see it and yet for want of such good luck I finde him apt enough to think there was no such Statute Et quod non invenit usquam esse putat nusquam in the Poets language c. Fuller I could not then finde the Statute and I am not ashamed to confesse it Let those be censured who pretend to have found what they have noâ— and so by their confidence or impudence rather abuse Posterity Since I have found a Copy thereof in Sr. Thomas Cottons Library with many Commissions granted thereupon for the dissolution of such Marian foundations Dr. Heylin Our Author proceeds Fol. 369. Jesuits the last and newest of all Orders The newest if the last there 's doubt of that But the last they were not the Oratorians as they call them being of a later brood The Iesuites founded by Ignatius Loyola a Spaniard and confirmed by Pope Paul the third Anno 1540. The Oratorians founded by Philip Merio a Florentine and confirmed by Pope Pius the fourth Anno 1564. By which accompt these Oratorians are younger Brethren to the Iesuits by the space of four and twenty years and consequently the Iesuites not the last and newest of Religious Orders Fuller Writing the Church-History of Britain I herein confined my expression thereunto The Iesuites are the last and newest Order whose over-activity in our Land commends or condemns them rather to publick notice Idem est non esse non apparere The Oratorians never appeared in England save an handfull of them who at Queen Maries first arrival from France onely came Hither to goe hence a few moneths after THE SEVENTH BOOK Containing the Reign of King Edward the sixth Dr. Heylin WE are now come unto the Reign of King Edward the sixth which our Author passeth lightly over though very full of action and great alterations And here the first thing which I meet with is an unnecessary Quaere which he makes about the Injunctions of this King Amongst which we finde one concerning the religious keeping of the Holy-dayes in the close whereof it is declared That it shall be lawfull for all people in time of Harvest to labour upon Holy and Festival dayes and save that thing which God hath sent and that scrupulosity to abstain from working on those dayes doth grievously offend God Our Author hereupon makes this Quaere that is to say fol. 375. Whether in the 24 Injuâ—ction labouring in time of Harvest upon Holy-dayes and Festivals relateth not onely to those of Ecclesiastical Constitution as dedicated to Saints or be inclusive of the Lords-day also Were not our Author a great Zelot for the Lords-day-Sabbath and studious to intitle it to some antiquity we had not met with such a Quaere The Law and practise of those times make this plain enough c. Fuller It is better to be over doubtfull than over confident It had been much for the credit and nothing against the Conscience of the Animadvertor if he had made quaeries where he so positively and falsly hath concluded against me Now my Quaere is answered And I believe that the Lords Day was included within the numbâ—r of holy dayes and common work permitted thereon This maketh me bespeak my own and the Readers justly suspecting that the Animadvertor will not joyn with us herein on this account thankfulnesse to God That the Reformation since the time of King Edward the sixth hath been progressive and more perfected in this point amongst the Rest in securing the Lords-day from servile imployments Dr. Heylin Our Author proceeds Fol. 386. In the first year of King Edward the sixth it was recommended to the care of the most grave Bishops and others assembled by the King at his Castle at Windsor and when by them compleated set forth in Print 1548. with a Proclamation in the Kings name to give Authority thereunto being also recommended unto every Bishop by especial Letters from the Lords of the Councel to see the same put in execution And in the next year a penalty was imposed by Act of Parliament on such who should deprave or neglect the use thereof Our Author here mistakes himself and confounds the businesse making no difference between the whole first Liturgy of King Edward the sixth and a particular form of Administration c. Fuller Iâ— the Reader by perusing this Note of the Animadvertor can methodize the Confusion charged on me I shall be right glad thereof And I wish that the nice distinction of the Liturgie and the form of Administration may be informative unto him more than it is to me The close of this Animadversion whether this Book brought under a Review much altered in all the parts and offices of it be unto the better or unto the worse Leaves it under a strong suspition of the negative in the Judgement of the Animadvertor And now I shall wonder no more at the Animadvertors falling foul on my Book who as he confesseth am not known unto him by any injurie Seeing such distance in our judgements that he conceiveth the
Reformation in the Reign of King Edward more perfect than what was afterwards Let us make us a Captain and return unto Egypt I have too much advantage in my own hand and a principle in my bosome will not give me leave to make use thereof to the utmost Dr. Heylin Our Author proceeds Fol. 404. At last the great Earl of Warwick deserted his Chaplain in open field to shift for himself Indeed he had higher things in his head than to attend such trifles A man may easily discern a Cat by her Claw and we may finde as easily by be scratches of our Authors Pen to what party in the Church he stands most inclined He had before declared for the Dominicans and Rigid Calvinists in some points of Doctrine and now declares himself for the Non-Conformists in point of Ceremonie He had not else called the Episcopal Ornaments particularly the Rochet Chimere and Square-cap by the name of trifles such trifles as were not worth the contending for if Resolute Ridley had been pleased to dispense therein c. Fuller I say not that they were trifles but that Iohn Dudley Earl of Warwick afterwards Duke of Northumberland counted them so in respect to his high designes to the Crown yea it is more than suspicious that his ambition esteemed greater matters than Ceremonies meer trifles even Religion it self which he so often changed If the Cat hath put in her claw let her put in her whole foot I conceive such vestments comparatively trifles as to things necessary to salvation And thus I prove it I dare wager with the Animadvertor That take the Clergy of England as constituted 1640 that three parts of four did not know what a CHIMERE was Nor is this any diminution to their Learning and Religion seeing they were not bound to take cognisance thereof And therefore I beleeve one may safely call it a trifle without the knowledge of which word and what was meant thereby so many flocks of pious and learned Shepheards have gone to Heaven As for the Animadvertors additory Note which followeth concerning the singing of Psalmes in Churches I am not concerned therein Nor will I here insert his Instances of some fortunate Subjects who married Queens seeing I say not alwaies but often such matches prove unprosperous Dr. Heylin Our Author proceeds Fol. 421. This barren Convocation is intituled the Parent of those Articles of Religion fourty two in number which are printed with this Preface Articuli de quibus in Synodo Londinensi c. Our Author here is guilty of a greater crime than that of Scandalum Magnatum making King Edward the sixth of pious memory no better than an impious and leud Impostor For if the Convocation of this year were barren as he saith it was it could neither be the Parent of those Articles nor of the short Catechism which was printed with them countenanced by the Kings Letters Patents prefixt before it c. Fuller Here is an high charge indeed I believeâ—hat â—hat I am generally believed to have as high a reverence for the Memory of King Edward as the Animadvertor himself The Journals of the Convocation in this Kings Reign I have carefully perused which aâ—e no better than blanck paper containing onely the names of the Members therein daily meeting without any matter of moment yea any matteâ— at all Registred to be performed by them But I wholy refer my self to what I have written in my Church-History of this hard Subject making it there as plain as I could which the Animadvertor hath a mind again to involve and perplex THE EIGHTH BOOK The Reign of Queen Mary Dr. Heylin WE next proceed unto the short but troublesome Reign of Queen Mary in which the first thing that occurs is Fol. 1. But the Commons of England who for many years together had conn'd Loyalty by-heart out of the Statute of the succession were so perfect in their Lesson that they would not be put out of it by this new started design In which I am to note these things first that he makes the Loyaly of the Commons of England not to depend upon the primogeniture of their Princes but on the Statute of Succession and then the object of that Loyalty must not be the King but the Act of Parliament by which they were directed to the knowledge of the next successor and then it must needs be in the power of Parliaments to dispose of the Kingdome as they pleas'd the Peoples Loyalty being tyed to such dispositions c. Fuller I make not the loyalty of the Commons to depend on but to be directed by the Statute of Succession In such Intricacies it was good to have such a Guide to lead mens Judgements in the right And though some male-contents started from their Loyalty the Generality of the Commons of England kept constant unto it Dr. Heylin Our Author proceeds Fol. 11. Afterwards Philpot was troubled by Gardiner for his words spoken in the Convocation In vain did he plead the priviledge of the place commonly reputed a part of Parliament I cannot finde that the Convocation at this time nor many yeares before this time was commonly reputed as a part of the Parliament c. Fuller I onely say that Mr. Philpot pleaded it and that in vaine that it was so reputed as may plainly appear in Mr. Fox so that my words are liable to no just exception Dr. Heylin Our Author proceeds Fol. 27. The Letany Surplice and other Ceremonies in Service and Sacraments they omitted both as superfluous and superstitious Our Author speaks this of the Schismaticall Congregation at Franckford who turn'd the Publique Church Liturgy quite out of their Church fashioning to themselves a new forme of Worship which had no warrant and foundation by the Lawes of this Realm And first saith he the Letany Surplice and other Ceremonies they omitted both as superfluous and supersticious Superfluous and supersticious in whose opinion In that of the Schismaticks at Franckford our Authors or in both alike Most probable in our Authors as well as theirs for otherwise he would have added some note of qualifications c. Fuller This note might well have been spared I appeal to such as knew my conformity in the Colledge Chappel Country Parishes and Cathedrall of Sarum to be my Cumpurgators in this unjust accusation Dr. Heylin Thirdly having laid down an abstract of the form of worship contriv'd by the Schismaticks at Franckford he honoureth them with no lower Title than that of Saints and counts this liberty of deviating from the Rules of the Church for a part of their happinesse For so it followeth fol. 28. This faith he is the Communion of Saints who never account themselves peaceably possest of any happinesse untill if it be in their power they have also made their fellow-sufferers partakers thereof If those be Saints who seperate themselves schismatically from their Mother Church and if it be a happinesse to them to be permitted so to doe our
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
busie to throw dirt on others Any man may be witty in a biting way and those who have the dullest brains have commonly the sharpest teeth to that purpose But such caâ—nal mirth whilest it tickleth the flesh doth wound the soul. And which was the 〈◊〉 these baâ—â— Books would give a great advantage to the General foe and Papists would make too much uâ—e thereof against Protestant Religion especially seeing an Archangel thought himself too good to bring and Satan not bad enough to have railing speeches brought against him Reader what could I have written more fully and freely in the cordial detestation of such abhominal Libels Dr. Heylin For if our Authors rule be good fol. 193. That the fault is not in the Writer if he truly cite what is false on the credit of another they had no reason to examine punctually the truth of that which tended so apparently to the great advantage of their cause and party c. Fuller I say again the Writer is faultless who truly cites what is false on the CREDIT of another alwayes provided that the other who is quoted hath Credit and be not a lying Libeller like these Pasauls If this Rule be not true the Animadvertor will have an hard task of it to make good all in his Geography on his own knowledge who therein hath traded on trust as much as another Dr. Heylin But I am weary and ashamed of raking in so impure a kennel and for that cause also shall willingly pass over his apology for Hacket that blasphemous wretch and most execrable Miscreant justly condemned and executed for a double Treason against the King of Kings in Heaven and the Queen on earth Fuller I appeal to the Reader whether I have not in my Church History wrote most bitterly and deservedly against Him only I took occasion by Hackets badness to raise our thankfulness to God If my meat herein please not the Animadvertors pallat let him leave it in the Dish none shall eat thereof against their own stomacks for fear of a surfeit Dr. Heylin Of whom he would not have us think fol. 204. that he and his two Companions his two Prophets for so they called themselves were not worse by nature than all others of the English Nation the natural corruption in the hearts of others being not less headstrong but more bridled And finally that if Gods restraining grace be taken from us we shall all run unto the same excess of Riot Which Plea if it be good for Hacket will hold good for Iudas and pity it is that some of our fine wits did never study an apology for him c. Fuller Dr. Heylin Our Author proceeds Fol. 214. At Antwerp he was ordained Minister by the Presbytery there and not long after that he was put in Orders by the Presbytery of a forain Nation Here have we Ordination and putting into Orders ascribed to the Presbytery of Antwerp a Mongrel company consisting of two blew Aprons to each Cruel night cap and that too in such positive terms and without any the least qualification that no Presbyterian in the pack could have spoke more plainly c. Fuller It is better to weare a Cruel Night-cap than a cruel heart causelesly cavilling at every man Mr. Travers was ordained Minister or Priest by the Presbytery of Antwerp and never had other Ordination I only relate that it was so de facto and appeal to the Reader whether my words import the least countenance and approbation thereof though the sin had not been so hainous if I had so done Dr. Heylin Only I shall make bold to quit my Author with a merry tale though but one for an hundred and 't is a tale of an old jolly popish Priest who having no entertainment for a friend who came to him on a Fasting day but a piece of Pork and making conscience of observing the appointed Fast dipt it into a tub of water saying down Pork up Pike Satisfied with which device as being accustomed to transubstantiate he well might be he caused it to be put into the pot and made ready for dinner But as the Pork for all this suddain piece of wit was no other than Pork so these good fellowes of the Presbytery by laying hands upon one another act as little as he The parties so impos'd upon impos'd upon indeed in the proper notion are but as they were Lay-bretheren of the better stamp Ministers if you will but not Priests nor Deacons nor any wayes Canonically enabled for divine performances Fuller It is not a fortnight since I heard proclamation against the selling of Porke because about London fatted with the flesh of diseased horses I suspect some unwholsomness in the Animadvertors Pork-story especially as applyed and therefore will not meddle therewith Dr. Heylin But fearing to be chidden for his levity I knock off again following my Author as he leaâ—s me who being over shoes will be over boots also He is so lost to the High Royalist and covetous Conformist that he cannot be in a worse case with them than he is already Fuller If I be lost with the high Royalists and covetous Conformists I hope I shall be found by the low Royalists and liberal Conformists However may God be pleased to finde my soul and I pass not with whom I be lost There are a sort of men who with Dr. Manwaring maintain that Kings may impose without Parliaments what taxes they please and the Subjects bound to payment under pain of Damnation a principle introductory to tyranny and slavery These I term high Royalists and I protest my self as to dissent in judgement from them so not to be at all ambitious of their favour Dr. Heylin And therefore having declared himself for a Presbyterian in point of Government he will go thorough with his work c. Fuller Where have I declared my self for a Presbyterian in point of Government who never scattered sylable and if I did I would snatch it up again to countenance such presumption I confess I said That Mr. Travers was made Minister or Priest by the Presbytery at Antwerp that is made Minister so far forth as they could give and he receive the Ministerial Character who never had it otherwise impressed upon him Suppose a Knightâ— Might not a Historian say such a man was made a Knight by such a power of person not engaging himself to justifie his Authority that made him And by the same proportion I relating Mr. Travers made Minister at Antwerp am not concerned to justifie nor by my expression doe I any way approve their Minister-making if they have no Commission thereunto I cannot close with the Animadvertor in his uncharitable censure of the Ministery of forain Protestant Churches rendring them utterly invalid because ordained by no Bishops Cain as commonly believed is conceived to have killed a fourth part of mankinde by murthering Abel but the Animadvertors cruelty to Protestants hath exceeded this proportion in spiritually killing more than
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
likewise fear that the Animadvertor will lay so much weight of ill words upon me that the profit I shall reap will not countervail the pain I must endure in my rectification Dr. Heylyn Our Author saith Ibid. It would be of dangerous consequence to condemn him by the Canons of forrain Councils which were never allowed any Legislative power in this Land Which words are very ignorantly spoken or else very improperly Fuller Did I not foretell aright that my rectification would cost me dear even the burden of bad words Here I have a dolefull Dilemma presented unto me to confesse my self speaking either very ignorantly or very improperly But might not one of these two VERY's have very well been spared Well è malis minimum if it must be so that my choice must be of one of these let it be rather but Impropriety than Ignorance But Reader I see no necessity of acknowledging either but that my words are both knowingly and properly spoken and now to the triall Dr. Heylyn For if by Legislative power he means a power of making Lawes as the word doth intimate then it is true That the Canons of forrain Councells had never any such power within this Land But if by Legislative power he means a Power or Capability of passing for Lawes within this Kingdom then though he use the word improperly it is very fals that no such Canons were in force in the Realm of England The Canons of many forrain Councells Generall Nationall and Provinciall had been received in this Church and incorporated into the body of the Canon-Law by which the Church proceeded in the exercise of her Jurisdiction till the submission of the Clergy to King Henry the Eighth And in the Act confirmative of that submission it is said expresly That all Canons Constitutions Ordinances and Synodals Provinciall as were made before the said Submission which be not contrary or repugnant to the Laws Statutes and Customs of this Realm nor to the dammage or hurt of the Kings Prerogative Royall were to be used and executed as in former times 25 H. 8. c. 19. So that unlesse it can be proved that the proceedings in this case by the Canons of forrain Councels was either contrary or repugnant to the Laws and Customs of the Realm or to the dammage of the Kings prerogative Royall There is no dangerous consequence at all to be found therein Fuller By Legislative power of the Canons of forrain Councels I understand their power to subject the People of our Nation to Guiltiness and consequently to Penalties if found infringing them Now I say again such forrain Canons though not against but onely besides our Common Law and containing no repugnancy but disparateness to the Lawes of our Land either never had such power in England since the Reformation or else disuse long since hath antiquated it as to the rigid exercise thereof For instance a Bishop I am sure and I think a Priest too is in the old Canons rendred irregular for playing a game at Tables Dice being forbidden by the Canons Yet I conceive it would be hard measure and a thing de facto never done that such irregularity should be charged on him on that account We know it was the project of the Pope and Papall party to multiply Canons in Councels meerly to make the more men and men the more obnoxious unto him that they might re-purchase their innocence at the price of the Court of Rome I believe the Animadvertor himself would be loth to have his canonicalness tried by the Test of all old Canons made in rigorem disciplinae yet not contrariant to our Laws and Customs seeing they are so nice and numerous that Cautiousnesse it self may be found an offendor therein I resume my words That it would be of dangerous consequence to condemn the Arch-Bishop by Canons of forrain Councels which never obtained power here either quoad reatum or poenam of such as did not observe them Dr. Heylyn But whereas our Author adds in some following words That eversince he means ever since the unhappy accident he had executed his jurisdiction without any interruption I must needs add That he is very much mistaken in this particular Dr. Williams Lord Elect of Lincoln Dr. Carew Lord Elect of Exeter and Dr. Laud Lord Elect of St. Davids and I think some others refusing to receive Episcopall Consecration from him on that account Fuller Must the Animadvertor needs add this I humbly conceive no such necessity being but just the same which I my self had written before Church-History Book 10. Pag. 88. Though some squemish and nice-conscienced Elects scrupled to be consecrated by him But I beheld this as no effectuall interrupting of his Jurisdiction because other Bishops more in number no whit their inferiour received Consecration Dr. Davenant Dr. Hall and King Charls himself his Coronation from him Dr. Heylyn Far more mistaken is our Author in the next when he tells us fol. 128. Though this Arch-bishop survived some years after yet hence-forward he was buried to the world No such matter neither For though for a while he stood confined to his house at Ford yet neither this Confinement nor that Commission were of long continuance for about Christmas in the year 1628. he was restored both to his Liberty and Jurisdiction sent for to come unto the Court received as he came out of his Barge by the Arch-Bishop of York and the Earl of Dorset and by them conducted to the King who giving him his hand to kiss enjoyned him not to fail the Councill-Table twice a vveek After which time we find him sitting as Arch-Bishop in Parliament and in the full exercise of his Iurisdiction till the day of his death which happened on Sunday August the 4th 1633. And so much of him Fuller An Historian may make this exception but not a Divine my words being spoken in the language of the Apostle The world is crucified unto me and I unto the world I had said formerly that the Keeper's death was this Arch-Bishop's mortification But from this his Suspension from the exercise of his Iurisdiction he was in his own thoughts buried it reviving his obnoxiousness for his former casuall Homicide so that never he was seen hartily if at all to laugh hereafter though I deny not Much Court-savour was afterwards on designe conferred on him Here I hope it will be no offence to insert this innocent story partly to shew how quickly tender guiltiness is dejected partly to make folk cautious how they cast out gaulling speeches in this kind This Archbishop returning to Croidon after his late absence thence a long time many people most women whereof some of good quality for good will for novelty and curiosity crouded about his Coach The Archbishop being unwilling to be gazed at and never fond of Females said somewhat churlishly What make these women here You had best said one of them to shoot an arrow at us I need not tell the Reader
how neare this second arrow went to his heart Dr. Heylyn Our Author goeth on Fol. 137. My pen passing by them at present may safely Salute them with a God-Speed as neither seeing nor suspecting any danger in the Designe Our Author speakes this of the Feoffees appointed by themselves for buyingâ—in such Impropriations as were then in the hands of Lay-persons I say appointed by themselves because not otherwise authorised either by Charter from the King Decree in Chancery or by Act of Parliament but only by a secret combination of the Brother-hood But secondly this will further appear by their proceedings in the businesse not laying the Impropriations by them purchased to the Church or Chappelry to which they had antiently belonged nor setling them on the Incumbent of the place as many hoped they would That had been utterly destructive to their main design which was not to advantage the Regular and established Clergy but to set up a new body of Lecturers in convenient places for the promoting of the Cause And therefore having bought an Impropriation they parcelled it out into annual Pensions of 40 or 50 l. per annum and therewith salared some Lecturers in such Market-Towns where the people had commonly lesse to do and consequently were more apt to Faction and Innovation than in other places Our Author notes it of their Predecessors in Cartwrights dayes that they preached most diligently in populous places it being observed in England that those who hold the Helm of the Pulpit alwayes steer peoples hearts as they please Lib. 9. fol. 195. And he notes it also of these Feoffees that in conformity hereunto they set up a Preaching Ministry in places of greatest need not in such Parish-Churches to which the Tithes properly belonged but where they thought the Word was most wanting that is to say most wanting to advance their project Thirdly if we behold the men whom they made choice of and employed in preaching in such Market-Towns as they had an eye on either because most populous or because capable of electing Burgesses to serve in Parliament they were for the most part Non-conformists and sometime such as had been silenced by their Ordinary or the High-commission for their Factious carriage And such an one was placed by Geering one of the Citizen-Feoffees in a Town of Glocestershire a fellow which had been outed of a Lecture neer Sandwich by the Archbishop of Canterbury out of another in Middlesex by the Bishop of London out of a third in Yorkshire by the Archbishop of York out of a fourth in Hartfordshire by the Bishop of Lincoln and finally suspended from his Ministry by the High-Commission yet thought the fittest man by Geering as indeed he was to begin this Lecture Fourthly and finally these Pensions neither were so setled nor these Lecturers so well establisht in their severall places but that the one might be withdrawn and the other removed at the will and pleasure of their Patrons if they grew slack and negligent in the holy cause or abated any thing at all of that fire and fury they first brought with them Examples of which I know some and have heard of more And now I would fain know of our Author whether there be no danger to be seen or suspected in this design whether these Feoffees in short time would not have had more Chaplains to depend upon them than all the Bishops in the Kingdom and finally whether such needy fellowes depending on the will and pleasure of their gracious Masters must not be forced to Preach such Doctrines onely as best please their Humours And though I shall say nothing here of their giving under-hand private Pensions not onely unto such as had been silenced or suspended in the Ecclesiasticall Courts but many times also to their wives and Children after their decease all issuing from this common-stock yet others have beheld it as the greatest piece of Wit and Artifice both to encourage and encrease their Emissaries which could be possibly devised If as our Author tels us fol. 143. The Design was generally approved and that both discreet and devout men were doleful at the ruine of so pious a Project it was because they neither did suspect the danger nor foresee the mischiefs which unavoidably must have followed if not crusht in time Fuller The Feoffees being now all Dead save one I may say that in this Suit all the Councell is for the Plantiffe and none allowed the Deâ—endaâ—t Were any number of them still alive probably they might plead something in defence of their Proceedings However I believe this Narrative of the Animadvertor hath very much of Truth therein and seeing it is not Opposite but Additional to what I have written my Answer is not required thereunto Onely the close thereof treadeth on the Toes of my History and that but lightly too the Animadvertor not denying that discreet and Devout men were dolefull at the ruine of so pious a Project And seeing he went so far with my words would he had gon a little farther and added that such Good men were desirous of a Regulation of this Designe it being pitty that so fair a Tree should be rent up Root and Branch for bearing bad which might and would have born better fruit with a little good digging about it and well husbanding thereof Dr. Heylyn Our Author proceeds fol. 148. However there was no Express in this Declaration that the Ministers of the Parish should be pressed to the publishing Our Author doth here change his style He had before told us That on the first publishing of the Declaration about lawfull Sports on the Lords Day no Minister was de facto enjoyned to read it in his Parish lib. 10. fol. 76. and here he tells us that there was no express order in the Declaration when reviv'd by King Charls that the Minister of the Parish should be prest to the publishing of it adding â—ithall that many thought it a more proper work for the Constable or Tithing-man than it was for the Minister But if our Author mark it well he may easily find that the Declaration of King Iames was commanded to be published by order from the Bishop of the Diocess through all the Parish-Churches of his Jurisdiction And the Declaration of King Charls to be published with like order from the severall Bishops through all the Parish-Churches of their severall Diocesses respectively The Bishop of the Diocess in the singular number in the Declaration of King Iames because it principally related to the County of Lancaster The Bishops in the plurall number in that of King Charls because the benefit of it was to be extended over all the Realm In both the Bishops are commanded to take order for the publishing of them in their severall Parishes and whom could they require to publish them in the Parish Churches but the Ministers onely The Constable is a Lay-Officer meerly bound by his place to execute the Warrants and Commands of the Iustices but
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
some of the Kings Councill learned in the Laws of this Realm caus'd the said Canons to be read and considered of the King being then present By all which upon due and mature deliberation the Canons were approv'd and being so approv'd were sent back to the Clergy in the Convocation and by them subscribed And certainly it had been strange that they should pass the approbation of the Judges and learned Lawyers had they contained any thing against the fundamentall Laws of the Land the Property of the Subject and the Rights of Parliament or been approv'd of by the Lords of his Majesties Councill had any thing been contained in them derogatory to the Kings Prerogative or tending to faction and sedition So that the foundation being ill laid the superstructures and objections which are built upon it may be easily shaken and thrown down To the first therefore it is ansvvered that nothing hath been more ordinary in all former times than for the Canons of the Church to inflict penalties on such as shall disobey them exemplified in the late Canons of 1603. many of which extend not onely unto Excommunication but even to Degradation and Irregularity for which see Can. 38.113 c. To the second that there is nothing in those Canons which determineâ—h or limiteth the Kings Authority but much that makes for and defendeth the Right of the Subject for which the Convocation might rather have expected thanks then censure from ensuing Parliaments To the third That when the Canon did declare the Government of Kings to be founded on the Law of Nature it was not to condemn all other Governments as being unlawfull but to commend that of the Kings as being the best Nor can it Logically be inferr'd that because the Kingly Government is not receiv'd in all places that therefore it ought not so to be or that the Government by this Canon should be the same in all places and in all alike because some Kings do and may lawfully part with many of their Rights for the good of their Subjects which others do and may as lawfully retain unto themselves To the fourth That the Doctrine of Non-Resistance is built expresly on the words of St. Paul Rom. 13. v. 2. and therefore to condemn the Canon in that behalf is to condemn the Word of God upon vvhich it is founded Finally to the fifth and last That the Statute of 5 6 Edw. 6. declaring that the daies there mentioned shall be kept for Holy-daies and no other relates onely to the abolishing of some other Festivalls which had been formerly observ'd in the Realm of England and not to the disabling of the Church from ordaining any other Holy-dayes on emergent causes in the times to come Fuller DORMIT SECURUS Dr. Heylyn Assuredly that able Lawyer would have spoke more home unto the point could the cause have born it Eloquentem facit causae bonitas in the Orator's language And therefore looking on the heads of the Arguments as our Author represents them to us I must needs think that they were rather fitted to the sense of the House than they were to his own Fuller I now begin to awake and rub my Eyes hearing somewhat wherein I am concerned as if I had unfaithfully related these Arguments I confesse it is but a Breviat of them accommodated to the proportion of my Book and had they been at large much lustre must be lost whilst related seeing none but Mr. Mainard can repeat the Arguments of Mr. Mainard to equal advantage However I had them from as observant and judicious a Person as any in house of Lords and if I should name Him the Animadvertor would believe me herein Dr. Heylyn What influence these Arguments might have on the House of Peers when reported by the Bishop of Lincoln I am not able to affirm But so far I concur with our Author that they lost neither life nor lustre as they came from his mouth who as our Author sayes was a back friend to the Canons because made during his absence and durance in the Tower A piece of ingenuity which I did not look for Fuller There are some Pens that if a Man do look for Ingenuity from them he may look for it Dr. Heylyn The power of Convocation being thus shaken and endangered that of the High Commission and the Bishops Courts was not like to hold the one being taken away by Act of Parliament and the other much weakned in the coercive power thereof by a clause in that Act of which our Author tell us that Fol. 182. Mr. Pim triumphed at this successe crying out digitus Dei it is the finger of God that the Bishops should so supinely suffer themselves to be surprised in their power And well might Mr. Pim triumph as having gain'd the point he aim'd at in subverting the coercive power and consequently the whole exercise of Ecclesiastical Jurisdiction But he had no reason to impute it to the finger of God or to the carelesnesse of the Bishops in suffering themselves to be so supinely surpris'd For first the Bishops saw too plainly that those general words by which they were disabled from inflicting any pain or penalty would be extended to Suspension Excommunication and other Ecclesiastical censures But secondly they saw withall that the stream was too strong for them to strive against most of the Lords being wrought on by the popular party in the House of Commons to passe the Bill Thirdly they were not without hope that when the Scots Army was disbanded and that Nation satisfied by the Kings condescensions to them there might be such an explication made of those general words as to restrain them unto temporal pains and civill penalties by which the censures of the Church might remain as formerly And fourthly in order thereunto they had procured a Proviso to be entred in the House of Peers That the general words in this Bill should extend onely to the High Commission Court and not reach other Ecclesiastical jurisdiction for which consult our Author fol. 181. Having thus passed over such matters as concern the Church we will now look upon some few things which relate to the Parliament And the first is that Fuller I said not Mr. Pim had just cause to triumph yea somewhat followeth in my History to the contrary shewing He had no reason to rejoyce and condemn the Bishops herein seeing not Supinesse but Prudentiall condescention for the time made them rather sufferers then surprized herein Onely I say there are many alive who heard him sing aloud this his Victoria and the Eccho thereof it still soundeth in their Eares The Animadvertor himselfe sometimes triumpheth over my mistakes and carrieth me away in his own conceit whilst still I am sensible of my owne Liberty that I am in a free condition Dr. Heylyn Fol. 174. Dr. Pocklinton and Dr. Bray were the two first that felt the displeasures of it the former for preaching and printing the latter for licensing two Books
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
and Author's Joynt-desires might have taken Effect there had been no difference about this passage in my Book Tuque domo proprià nos Te Praesul Poteremur Thou hadst enjoy'd thy house and we Prelate had enjoyed Thee But alas it is so He is still and still when all other Bishops are released detained in the Tower where I believe he maketh Gods Service his perfect freedom My words as relating to the time when I wrote them containe too much sorrowfull truth therein Dr. Heylyn Fourthly Archbishop Williams after his restoring unto liberty â—ent not into the Kings Quarters as our Author saith but unto one of his own houses in Yorkshire where he continued till the year 1643. and then came to Oxford not that he found the North too cold for him or the War too hot but to solicit for renâ—wing of his Commendam in the Deanry of Westminster the time for which he was to hold it drawing towards an end Fuller Nothing false or faulty The Arch-bishop of York stayed some weeks after his enlargement at Westminster thence he went privately to the house of Sir Thomas Hedley in Huntingon shire and thence to his Palace at Caâ—ood nigh York where he gave the King a magnificent Intertainment King James setled the Deanry of Westminster under the great Seal on Dr. Williams so long as he should continue Bishop of Lincoln Hinc illa Lacrimae hence the great heaving and hussing at Him because He would not resigne it which was so signal a Monument of his Master's favour unto him Being Arch-bishop of York King Charls confirmed his Deanry unto him for three years in lieu of the profits of his Arch-bishoprick which the King had taken Sede vacante So that it is probable enough the renuing that Tearm might be a Joynt-Motive of his going to Oxford But I see nothing which I have written can be cavilled at except because I call Yorkshire the King's Quarters which as yet was the Kings WHOLE when the Arch-bishop first came thither as being a little before the War began though few Weeks after it became the King's Quarters Such a Prolepsis is familiar with the best Historians and in effect is little more then when the Animadvertor calleth the Gag and Appello Caesarem the Books of Bishop Montague who when they were written by him was no though soon after a Bishop Dr. Heylyn Our Author proceeds fol. 196. Some of the aged Bishops had their tongues so used to the language of a third Estate that more then once they ran on that reputed Rock in their speeches for which they were publickly shent and enjoyned an acknowledgment of their mistake By whom they were so publickly shent and who they were that so ingenuously acknowledged their mistake as my Author telleth us not so neither can I say whether it be true or false Fuller I tell you again It is true The Earl of Essex and the Lord Say were two of the Lords though this be more then I need discover who checked them And of two of those Bishops Dr. Hall late Bishop of Norwich is gone to God and the other is still alive Dr. Heylyn But I must needs say that there was small ingenuity in acknowledging a mistake in that wherein they had not been mistaken or by endeavouring to avoid a reputed Rock to run themselves on a certain Rock even the Rock of Scandall Fuller Their brief and generall acknowledgment that they vvere sorry that they had spoken in this point vvhat had incurred the displeasure of the Temporall Lords was no trespass on their own ingenuity nor had shadovv of scandall to others therein I confess men must not bear fals-witness either against themselves or others nor may they betray their right especially when they have not onely a personall concernment therein but also are in some sort Feoffees in trust for Posterity However vvhen a predominant Power plainly appears which will certainly over-rule their cause against them without scandall they may not to say in Christian prudence they ought to wave the vindication of their priviledges for the present waiting wishing and praying for more moderate and equall times wherein they may assert their right with more advantage to their cause and less danger to their persons Dr. Heylyn For that the English Bishops had their vote in Parliament as a third Estate and not in the capacity of temporal Barons will evidently appear by these reasons following For first the Clergy in all other Christian Kingdoms of these Northwest parts make the third Estate that is to say in the German Empire as appears by Thuanus the Historian lib. 2. In France as is affirmed by Paulus Aemilius lib. 9. In Spain as testifieth Bodinus in his De Repub. lib. 3. For which consult also to the Generall History of Spain as in point of practise lib. 9 10 11 14. In Hungary as witnesseth Bonfinius Dec. 2. l. 1. In Poland as is verified by Thunus also lib. 56. In Denmark as Pontanus telleth us in Historia rerum Danicarum l. 7. The Swedes observing antiently the same form and order of Government as was us'd by the Danes The like we find in Camden for the Realm of Scotland in which antiently the Lords Spirituall viz. Bishops Abbots Priors made the third Estate And certainly it were very strange if the Bishops and other Prelates in the Realm of England being a great and powerfull body should move in a lower Sphere in England then they do elsewhere But secondly not to stand onely upon probable inferences we find first in the History of Titus Livius touching the Reign and Acts of King Henry the fifth that when his Funerals were ended the three Estates of the Realm of England did assemble togeâ—her and declared his Son King Henry the sixth being an Infant of eight months old to be their Soveraign Lord as his Heir and Successor And if the Lords Spirituall did not then make the third Estate I would know who did Secondly the Petition tendred to Richard Duke of Glocester to accept the Crown occurring in the Parliament Rolls runs in the name of the three Estates of the Realm that is to say The Lords Spirituall and Temporall and the Commons thereof Thirdly in the first Parliament of the said Richard lately Crowned King it is said expresly that at the request and by the consent of the three Estates of this Realm that is to say the Lords Spirituall and Temporall and Commons of this Land assembled in this present Parliament and by Authority of the same it be pronounced decreed and declared That our said Soveraign Lord the King was and is the very and undoubted King of this Realm of England c. Fourthly it is acknowledged so in the Statute of 1 Eliz. cap. 3. where the Lords Spirituall and Temporall and the Commons in that Parliament assembled being said expresly and in terminis to represent the three Estates of this Realm of England did recognize the Queens Majesty to be their true
lawfull and undoubted Soveraign Liege Lady and Queen Add unto these the Testimony of Sir Edward Cook though a private person who in his Book of the Jurisdiction of Courts published by order of the long Parliament chap. 1. doth exprâ—sly say That the Parliament consists of the Head and Body that the Head is the King that the Body are the three Estates viz. the Lords Spirituall and Temporall and Commons In which words we have not onely the opinion and testimony of that learned Lawyer but the Authority of the long Parliament also though against it selfe Those aged Bishops had been but little studied in their owne concernments and betray'd their Rights if any of them did acknowledge any such mistake in challenging to themselves the name and priviledges of the third Estate Fuller In this long discourse the Animadvertor hath given in the severall Particulars whereof I in my Church-History gave the Totall summe when saying that there were passages in the old Statutes which did countenance the Bishops sitting in Parliament in the Capacity of a THIRD ESTATE I have nothing to returne in Opposition and heartily wish that his Arguments to use the Sea-man's phrase may prove stanche and tight to hold water when some Common-Lawyer shall examine them But seeing the Animadvertor hath with his commendable paines goâ— so farre in this point I could wish he had gon a little further even to answer the two Common Objections against the THIRD-ESTATE SHIP of Bishops The First is this The Bishop not to speak of Bishops Suffragan of the Isle of Man is a Bishop for all purposes and intents of Jurisdiction and ordination yet hath he no place in Parliament because not holding per In egram Baroniam by an Intire Barony Now if Bishops sat in Parliament as a THIRD-ESTATE and not as so many Barons why hath not the Bishop of Man being in the Province of York a place in Parliament as well as the rest Secondly If the Bishops sit as a THIRD-ESTATE then Statutes made without them are manâ— and defective which in law will not be allowed seeing there were some Sessions of Parliament wherein Statutes did passe Excluso Clero at least wise Absente Clero which notwithstanding are acknowledged Obligatory to our Nation I also request him when his Hand is in to satisfie the Objection taken from a passage in the Parliament at Northampton under Henry the Second when the Bishops challenged their Peerage viz. Non sedemus hîc Episcopi sed Barones Nos Barones vos Barones Pares hîc sumus We sit not here as Bishops but as Barons We are Barons You are Barons here we are peers which is much inforced by Anti-Episcopists And whereas the Animadvertor translated it not as Bishops onely it is more then questionable that this interpolation ONLY will not be admitted by such who have a mind curiously to examine the matter I protest my integrity herein that I have not started these Objections of my selfe having had them urged against me and though I can give a bungling Answer unto them I desire that the Animadvertor being better skill'd in Law would be pleased if it ever comes again in his way to returne an Answer as short and clear as the Objections are and I and many more will be bound to returne him thanks Dr. Heylyn Our Author proceeds Fol. 196. The Conâ—ocation now not sitting and matters of Religion being brought under the cognizance of the Parliament their Wisdoms adjudged it not onely convenient but necessary that some prime Clergy men might be consulted with It seems then that the setting up of the new Assembly consisting of certain Lords and Gentlemen and two or more Divines out of every County must be ascrib'd to the not sitting of the Convocation Whereas if that had been the reason the Convocation should have been first warned to re-assemble with liberty and safe conducts given them c. Fuller The Animadvertor now enters the list with the WISDOMS in Parliament who are most able to justifie their owne Act. Mean time my folly may stand by in silence unconcerned to return any Answer Dr. Heylyn Fol. 198. It savours something oâ— a Prelaticall Spirit to be offended about Precedency I see our Author is no Changeling Primus ad extremum similis sibi the very same at last as he was at the first Certainly if it savour of a Prelaticall Spirit to contend about Precedencies that Spirit by some â—ythagorean Metempsychosis hath passed into the bodies of the Presbyterians whose pride had swell'd them in conceit above Kings and Princes and thus cometh home to our Author c. Fuller If it cometh home unto me I will endeavour God-willing to thrust it far from me by avoiding the odious sin of Pride And I hope the Presbyterians will herein make a reall and practicall refutation of this note in Evidencing more Humility hereafter seasonably remembring they are grafted on the Stock of the Bishops and are concerned not to be high-minded but feare lest if God spared not Episcopacy for what sins I am not to enquire peaceably possessed above a Thousand years of Power in the Church of England take heed that he spare not Presbytery also which is but a Probationer on its good behaviour especially if by their insolence they offend God and disoblige our Nation the generality whereof is not over-fond of their Goâ—ernment Dr. Heylyn Our Author proceeds Fol. 203. We listen not to their fancy who have reckoned the words in the Covenant six hundred sixty six c. I must confesse my selfe not to be so much a Pythagorean as to find Divinity in Numbers nor am taken with such Mysteries as some fancy in them And yet I cannot chuse but say that the Number of Six hundred sixty six words neither more nor less which are found in the Covenant though they conclude nothing yet they signifie something Our Author cannot chuse but know what pains were taken even in the times of Irenaeus to find out Antichrist by this number Some thinking then that they had found it in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with reference to the persecuting Roman Emperours Some Protestants think that they had found it in a Dedication to Pope Paul the fifth which was Paulo V to Vice-Deo the numerall letters whereof that is to say D.C.L.V.V.V.I. amount exactly unto six hundred sixty six which is the Number of the Beast in Revelation The Papists on the other side find it in the name of Luther but in what language or how speld I remember not And therefore whosoever he was which made this Observation upon the Covenant he deserves more to be commended for his wit then condemned for his idlenesse Fuller The Animadvertor might herein have allowed me the Liberty of Preterition a familiar figure in all Authors managed by them with Taceo praetermitto transeo we passe by listen not c. when relating things Either Parva of small moment Nota generally known Ingrata unwelcome to many Readers Under which of
these three notions the point in hand doth fall I am not bound to discover Dr. Heylyn Our Author proceeds Fol. 207. Now began the great and generall purgation of the Clergy in the Parliaments Quarâ—ers c. Some of whose offences were so foul it is a shame to report them crying to justice for punishment And it was time that such a purgation should be made if their offences were so â—oul as our Author makes them But first our Author might have done well to have satisfied himselfe in all particulars before he rais'd so foul a scandall on his Christian Brethren and not to have taken them up upon hear-say or on no better grounds then the credit of the first Century which he after mentions Which modesty he might have learnt 1. From the Author of that scandalous and infamous Pamphlet whatsoever he was desisting from the writing of a second Century as being sensible that the Subject was generally odious And certainly if it were odious in that party to write the same it must be much more odious in our Author to defend the writing He might have learnt it 2. from the most excellent Master in the Schools of Piety and Morality which this Age hath given us even the King himselfe who as our Author telleth us fol. 208. would not give way that any such Book should be written of the vicious lives of some Parliament Ministers when such an undertaking was presented to him But if their Offences were so foul the Writer of the Century had some reason for what he did and our Author had some reason for what he saith especially if the putting in of one Herb had not spoil'd all the Pot of Pottage But first Qui alterum incusat probri seipsum intueri oporiet is a good rule in the Schools of Prudence and therefore it concerns our Author to be sure of this that all things be well at home both in his owne Person and in his Family before he throw so much foul dirt in the face of his Brethren In which respect Manutius was conceived to be the unfittest man in Rome as indeed he was to perform the Office of a Ceâ—sor though most ambitiously he affected and attain'd that Dignity of whom it is affirmed by Velleius Paterculus Nec quicquam objicere potuit Adolescentibus quod non agnosceret Senex that is to say that he was able to object no crime to the younger sort of which himselfe being then well in years was not also guilty And secondly Non temerè de fratre malt aliquid credendum esse was antiently a Rule in the Schools of Charity which our Author either hath forgotten or else never learned He would otherwise have examin'd the Proofs before he had pronounced the Sentence and not have positively condemned these poor men for such foul offences as cryed to justice for punishment and of such scandalous enormities as were not fit to be covered with the Mantle of Charity But he takes himselfe up at last with a doubt that there might want sufficient proof to convict them of it Nothing saith he can be said in their excuse if what was the main matter their crimes were sufficiently proved And if they were not sufficiently proved as indeed they were not no witnesse coming in upon Oath to make good the Charge our Author hath sufficiently prov'd himselfe an unrighteous Iudge an Accusator stratrum as we know who is in accusing and condemning them for scandalous enormities and foul offences branding them by the name of Baal and calling them unsavory Salt not fit to be thrown upon the Dunghill yet all this while to be unsatisfied in the sufficiency of the proof Decedis ab Officio Religiosi Iudicis is the least that can be said here and I say no more Onely I note what sport was made by that Century then and may be made hereafter of this part of the History in the Court of Rome to which the libellous Pamphlets of Martin-Mar-Prelate publisht in Queen Elizabeths time serv'd for Authentick Witnesses and sufficient evidence to disgrace this Church Nor have they spar'd to look upon this whole businesse as an act of divine Retaliation in turning so many of the Regular and Orthodox Clergy out of their Benefices and Preferments by our new Reâ—ormers under colour of some Scandalous Enormities by them committed under pretence whereof so many poor Monks and Fryers were as they say turn'd out of their Cells with like humanity by those which had the first hammering of the Reformation here by law estalisht Fuller First as to my selfe who am most knowing of my owne infirmities I will confesse them to God and not plead for them before man If God's restraining grace hath bridled â—e from Scandalous obnoxiousnesse may he alone have the honour thereof As for other paines and spots in my Soul I hope that He be it spoken without the least verball reflection who is the Fullers sope will scoure them forth with his Merit that I may appear clean by Gods Mercy I know full well who it is that is tearmed the Accuser of his Brethren even Satan himself Hence it is that one observeth he hath his name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diabolus Divell and so also in Italian French Spanish with some small variation It being good reason that he should keep his name in all Countries who keeps his nature in all places being a constant delator and traducer of Gods servants often without cause alwayes without measure But I hope I may say in this point Get thee behind me Satan I meane I may justly thrust both Name and Thing farre from me even to light where it deserveth Some of my Brethren or Fathers rather I reverence and admire for their eminences others I commend and will endeavour to imitate others guilty of humane infirmities I desire to conceale their faults and that not taking effect to excuse their persons Such as are past my pleading for fall under my pitty and have my Prayers that God would amend them But willingly much lesse causlessely I will not accuse any and my Pen and Tongue hath been and shall be tender of their Reputations Proceed I now to what I have written concerning the Sequestred Clergy of England wherein I will freely God-willing unbosome my mind and if I perish I perish I appeal to the Searcher of hearts if I did not desire to do them all just favour as I hope to find favour from him when I most need it But as Marriners when they have both Wind and Tide against them cannot make their desired Port in a straight Line and therefore are fain to fetch a compass Semnably I desiring to graâ—ifie my Brethren and not destroy my selfe was â—aine to go about that in any measure I might with safety do it And there was no compassing of it without compaceing it No reaching the End without going out of the Way First therefore I did acknowledge what indeed could not be concealed and what
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
writ by one Sighing or singing readd by one Smiling or Frowning The Reader needs no Interpreter to expound the word Parliament as taken generally at this time Successe having beaten the sâ—â—se thereof into Mens Heads for the two Houses Loqui cum â—ulgo in this case I hope is no fault These two Houses at this time maintained their ENTHYMEM to be a compleat SYLLOGISM concluding all Persons under them presuming that the King though not Personally was Vertually with them A position which I have no calling to examine As for the Clause in the Article which hooked the University under Parliamentary Visitation heare how the Animadvertor reports it Dr. Heylyn I find indeed that it was agreed on by the Commissioners on both sides touching the Surrendry of that City That the Chancellor Masters and Scholars of the University of Oxon and the Governors and Students of Christ-Church of King H. 8. his Foundation and all other Heads and Governors Masters Fellows and Scholars of the Colledges Halls and Bodies Corporate and Societies of the same University and the publick Professors and Readers and the Orator thereof and all other persons belonging to the said University or to any Colledges or Halls therein shall and may according to their Statutes Charters and Customs enjoy their antient form of government subordinate to the immediate Authority and power of Parliament But I find not that any of the Heads or Delegates of that University were present at the making of this Article or consented to it or thought themselves oblig'd by any thing contained in it Fuller This last Clause was eagerly urged by the Committee against the Delegates of the University and I could wish they could as easily have untied the Knot as Answered the hardest Objection of Bellarmine in the Divinity-Schools The King when privately departing Oxford left if not a Commission at least Leave with the Lords to make as good â—earmes for themselves and all with them in the Citty besieged as the Enemy would give and they could get in that streightned condition The Vniversity therefore was urged by the Committee to have given an Implicite consent to these Articles and enjoying the Benefit they must share in the Burthen thereof To this the Delegates made many faire and Civill Answers strengthned with Law and Reason but alasse great are the Odds though Learning be the Answerer where Power is the Opponent Dr. Heylyn Nor indeed could it stand with reason that they should wave the patronage of a gracious Soveraign who had been a Nursing Father to them and put themselves under the arbitrary power of those who they knew minded nothing but destruction toward them And that the University did not think it selfe oblig'd by any thing contained in that Article appears even by our Author himselfe who tells us in this very passage that the Delegates from the University pleaded their priviledges before the Committee of Parliament that they were onely visitable by the King and such as should be deputed by him which certainly they had never done unlesse our Author will conclude them to be fools or madmen had they before submitted to that Paramount power which he adscribes unto the Houses Nor did the Houses of Parliament find themselves impowered by this clause of the Article to obtrude any such Visitation on them And therefore when the Delegates had pleaded and prov'd their priviledges a Commission for a Visitation was issued by the two Houses of Parliament in the name of the King but under the new broad Seal which themselves had made which notwithstanding the University stood still on their own defence in regard that though the Kings name was us'd in that Commission yet they knew well that he had never given his consent unto it Whereupon followed that great alteration both in the Heads and Members of most Colledges which our Author speaks of Fuller The Animadvertor endeavours to runne me on one of these dangerous Rocks either to condemne the University for Fools and Mad men whom I Love and Honour for Wise and Sober Persons or else to make me incurre the Displeasure of the Parliament And the Philosopher's Answer to the Emperour is well known That it is ill Disputing with them that can command LEGIONS The best is I am not bound to answer to this dangerous Dilemma keeping my selfe close to my Calling viz. Reporting vvhat vvas done but whether Iustly or unjustly let others decide The Animadvertor's Boldnesse herein is for me to admire not Imitate When an Old Man vvas demanded the Cause of his Confidence hovv he durst so freely tell a King of his faults he rendred a double Reason of his Boldnesse Orbitâ—s et Senectus One that he had no Children and therefore Careless to preserve Posterity the other that he vvas extreamely Old therefore lesse curious to keep that Life that vvas leaving him How it fareth vvith the Animadvertor in these two Particulars I know not sure I am for my self that I am not so old to be Weary of the World as I hope it is not of me and God having given me Children I vvill not destroy them and hazard my selfe by running into needlesse Dangers And let this suffice for an Answer Dr. Heylyn Nor deals he much more candidly in relating the proceedings of the Visitation vvhich vvas made in Cambridge the Visitors vvhereof as acting by the Paramount power of Parliament he more sensibly favoureth than the poor sufferers or malignant Members as he calls them of that University Fuller The Animadvertor sees more in me then I can see in my selfe and because vve are both Parties engaged the lesse to be credited in our owne Cause be it reported to the Reader if pleased to peruse the Conclusion of my History of Cambridge whether I cast not my Graines of Favour into the Scales of the poor Sufferers These I call not MALIGNANT MEMBERS but with this Qualification so tearmed And let not me be condemned for the Ill Language of others I say again As as an Historian I have favoured no side but told the Truth so I could not so far unman my selfe but that for Humanity sake to say no more I did pitty the Sufferers on which Account I incurred the displeasure of the Opposite Party the best is causelesse Anger being an Edglesse Sword I feare it the lesse Dr. Heylyn For whereas the Authour of the Book called Querela Cantabrigiensis hath told us of an Oath of Discovery obtruded by the Visitors upon severall persons whereby they were sworn to detect one another even their dearest friends Our Author vvho vvas out of the storm seeming not satisfied in the truth of this relation must vvrite to Mr. Ash who vvas one of those Visitors to be inform'd in that which he knew before Fuller No Person more proper or probable to inform me herein than Mr. Ash one of the Visitors who I believed did both know the Truth and would not tell a falsehood herein I was so far from desiring Information in
by Parsons to die a Jew ¶ 38. his bones burnt by Card. Poole p. 135. ¶ 54. BUCKINGHAMSHIRE paramount for Martyrs b. 5. p. 163. ¶ 2. Dr. Cernelius BURGES his speech against Deans and Chapters b. 11. p. 179. ¶ 73 74. Henry BURTON his character b. 14. p. 152. ¶ 59. cause of disconsent ¶ 60. degradea p. 143. ¶ 68. his words on the Pillory ¶ 69 70. brought back from Exile in Triumph p. 172. ¶ 32. C. Jack CADE his rebellion b. 4. p. 186. ¶ 22. CADOCUS his discreet devotion C. 6. ¶ 7. CADVVALLADER last K. of VVaks foundeth at Rome a Hospitall for the VVelch C. 7. ¶ 104. since injuriously taken from them ¶ 105. CAIUS Colledge in Cambridge founded by Dr. Caius Hist. of Camb. p. 133. ¶ 45. who bestowed good Lands building statutes Name and Armes thereon ¶ 46 47 c. fruitfull with famous Physicians ¶ 52. CAMBRAY a Nunnery therein founded for English women by the Spanish Ambassadour b. 6. p. 363. CAMBRIDGE reported to have received divers privileges from King Lucius C. 2. ¶ 12. her Christian Students reported slain by the Pagan Britans C. 4. ¶ 9. persecuted to the dissolution of the University by Pelagius C. 5. ¶ 2. reputed first founded by King Sâ—gebert C. 7. ¶ 46. Arguments to the contrary answered ¶ .47 c. called Schola which was in that Age the same with an Academy ¶ 54. restored by King Edward the Elder C. 10. ¶ 6 7. mistaken by John Rouâ—e for the founder thereof ¶ 8. renounceth the Popes supremacy in a publick instrument Hist. of Camb. p. 106. ¶ 50. the first generall visitation thereof jure Regio Hist. of Camb. p. 109. ¶ 55. King Henry his Injunctions thereunto p. 112. ¶ 56. Edmund CAMPIAN sent over by the Pope to pervert England B. 9. p. 114. ¶ 41. his journall letter p. 115 116 117. catch'd by secretary Walsingham ibid. falsly pretends to be cruelly racked p. 117. ¶ 117. ¶ 2. is at last executed CANONS made in the last Convocation with the c. Oath therein b. 11. p. 168 169. severall opinions about them p. 171. Mr. Maynard his speech against them p. 180. ¶ 77. the Clergy are judged in a Praemunire for making them ¶ 78. King CANUTUS his cruelty C. 11. ¶ 5. conversion and charity ibidem c. Jo. CAPON Bishop of Salisbury a cruell persecuter under Q. Mary b. 8. S. 2. ¶ 5. the bane of his Bishoprick b. 9. ¶ 21. Nic. CARR his Epitaph Hist. of Camb. p. 141. George CARLTON Bishop of Landaf sent by K. James to the Synod of Dort B. 10. p. 77. ¶ 63. dieth Bishop of Chichester b. 11. ¶ 67. CARMELITES their first coming into England p. 271. ¶ 18. great priviledges ¶ 19. most carefull keepers of the Records of their order ¶ 20. a Catalogue of their Provincials p. 272. their first coming to Cambridge Hist. of Camb. p. 20. ¶ 5. where they would not commence Doctors and why ibid. till Humphry Necton first brake the ice ¶ 6. learned writers of their order which were Cambridge-men Hist. Camb. p. 30. ¶ 27. CARTHUSIAN Monks b. 6. p. 269. ¶ 9. Tho. CARTWRIGHT presents his admonition to the Parliament b. 9. p. 102. ¶ 5. bandying betwixt him and Dr. Whitgift ¶ 6 7. examined in the high Commission on 29. Articles b. 9. p. 198 c. sent to the Fleet for refusing to answer p. 203. discharged the Star-Chamber by favour of Arch-bishop Whitgift p. 204. ¶ 31. groweth rich at Warwick b. 10. ¶ 7. and very moderate ¶ 8. The reasons thereof ibid. His character ¶ 9. dedicates a Book to King James ¶ 18. His strange infirmity and death ¶ 19. his first cause of discontentment Hist. of Camb. p. 139. ¶ 2. clasheth with Dr. Whitgift p. 140. ¶ 3. by whom he is summoned p 141. and banished the University p. 142. John CASE Dr. of Physick b. 8. S. 3. ¶ 45. the great favour done by the University to his Scholars at Oxford ibidem CAURSINES what they were b. 3. p. 59. ¶ 6. the form of their cruell Obligations p. 60. with some notes thereon ibidem why they were called Caursines p. 61. ¶ 8. St. CEDDE his difference from St. Chad C. 7. ¶ 84. St. CHAD his difference from St. Cedde C. 7. ¶ 84. teacheth Wulfade the Christian faith ¶ 86. CHANTEREYES given to the King b. 6. p. 250. ¶ 3. what they were ¶ 5. Fourty seven founded in St. Pauls Church in London p. 351 352 c. vast though uncertain their number in England p. 354. ¶ 18. Free CHAPPELS given to the King b. 6. p. 354. ¶ 15. King CHARLES his solemn coronation b. 11. ¶ 19 c. restoreth Impropriations of Ireland to the Church p. 149. ¶ 45. unwillingly consenteth to the taking away of Bishops votes in Parliament p. 195. ¶ 29 and 30. his severall papers in the Isle of Wight in defence of Episcopacie p. 230 231 c. his death which endeth the eleventh Book CHARLES eldest Son to Kâ—ng Charles hâ—s short life b. 11. p 135. ¶ 1. an excellent Tetrastâ—ck on his death ¶ 2. CHARTER-HOUSE founded by Mr. Sutton b. 10. p. 65. in some respect exceeding the Annuntiata at Naples p. 66. ¶ 21. Thomas CHASE cruelly martyred b. 5. p. 164. ¶ 3. Geffery CHAWCER the famous Poet b. 4. p. 151. ¶ 46. his Parentage Armes and praise p. 152. ¶ 47 48. his enmity to Friers ¶ 49. Student sometimes in Cambridge Hist. Camb. p. 52. ¶ 38. as also in Oxford ibidem CHEALSEY Colledge a large dâ—scourse of the foundation thereof b. 10. p. 51 52 53 c. Sr. J. CHEEK Tutour to King Edward the sixth b. 7. p. 422. ¶ 12. restored to health by King Edward's prayers p. 424. ¶ 13. A prime Exile in the Reign of Q. Mary b. 8. S. 2. ¶ 24. his sad return into England ¶ 30. orally recanteth ¶ 31. and dyeth for the grief thereof ibidem vindicated from slandring and mistaking Pens in his Parentage Parts and Posterity ¶ 32. Henry CHICHELEY Arch-bishop of Canterbury foundeth All-Souls Colledge b. 4. p. 181. ¶ 10. soberly returneth a tart jear p. 182. ¶ 11. saveth Abbies by sending King Henry the fifth into France b. 6. p. 205. ¶ 5. CHRIST-CHURCH in Oxford b. 5. p. 169. ¶ 28 c. confirmed by King Henry the eighth ¶ 30. the Deans Bishops Benefactours c. thereof ¶ 32. John CHRISTOPHERSON Bishop of Chichester a learned man but great persecuter under Q. Mary b. 8. S. 2. ¶ 8. CHRISTS COLLEDGE founded by Margaret Countesse of Darby Hist. of Camb. p. 90. ¶ 55. endowed it with richlands ¶ 56. augmented by King Edward the sixth p. 91. ¶ 7. Their numerous worthies of this foundation ¶ 9. CIRCUMSPECTE AGATIS the form thereof b. 3. p. 79. ¶ 15. both a statute a writ grounded thereon p. 80. a large discourse of the severall branches thereof p. 81 82 83. CISTERTIANS being refined Benedictines b. 6. p. 266. ¶ 2. exempted by