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A40706 A dialogue betwixt Philautus and Timotheus in defence of Dr. Fullwood's Legas AngliƦ against the vindicator of Naked truth, stiling himself Phil. Hickeringill. Fullwood, Francis, d. 1693. 1681 (1681) Wing F2499; ESTC R7930 24,716 36

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it said Take thou Authority to preach the word of God or administer the Sacraments Here Phil. thy understanding fail'd thee the political power of the Keys do in a sence belong to our Kings but not the purely Spiritual power except mediately as at first was granted the King is a Priest in tanto not in Toto But if thou canst prove our Kings to be Priests in all respects Look to it Mr. Baxter you are undone for then we have a proper Spiritual head of the Church of England yea look to it Phil. for near thou hast undone thy self in thy state Religion For if the Head be properly a Priest what body can fit him acting as a Priest in making Canons and governing the Church but a body of Priests Is the Parliament with whom he maketh other Laws or the Judges Sheriffs Justices c. by whom he governs the Kingdom a fit body for a Priestly head Do not these act under him rather as a King and a Convocation of Priests and Spiritual Courts more congruously act under him as a Priest if he be in all points a Priest and have all the Spiritual power of the Keys both in making Canons i. e. Spiritual Laws and governing the Church by them Poor Ape why art thou venturing still At this so subtle game and play'st so ill SECT II. Another piece of his Logick against Chancellors c. SEcondly We have another such trial of thy honest Logick upon a part of his Proem which if thou hadst quite as thou say'st thou hadst almost forgotten little had been lost 'T is this the Doctor intimates that Chancellors Registers c. are Assistants by Law allowed to Bishops c. and that in 1 Cor. 12. 28. we read of helps in Government which he intimates is a general warrant to the Law of the Land for such allowance Now reflect upon thy answer Phil. in stead of an answer thou very honestly imposest and intrudest another Conclusion Thou say'st he would prove these inferior Officers to be all Church-officers Jure Divino which was the very objection he went about to remove he doth deny them to be Church-officers strictly speaking neither doth he affirm them to be Jure Divino but he saith and thou say'st nothing to the contrary but a great truth that Esquire Dun is so too he saith that if making and keeping Acts of Court if managing and ordering Causes aright if serving Summons and executing Mandates of the Judge if these be reasonable things and expedient in government then the persons appointed by Law to perform these things are useful in government and agreeable to that general word and warrant in Scripture and upon the very same moral and prudential ground Deacons were at first appointed by the Apostles Acts 6. and many other things justly practised even in the first 300. years though not found in use in the Apostles time for the succeeding Ages of the Church inherited Reason and prudence whose proper use is to apply general Rules in Scripture with particular conveniency to times and places but Phil. if thou hast neither Reason nor Prudence how shall a man beat this into thy head Pag. 25. Thou say'st the Doctor has no guts in his brains one would think thou hadst been in Devonshire and that some body had taken out thy brains and put in White-pot So much upon the Proem too CHAP. VII A step towards the matter of the Doctors Book and the main Battle Phil. THese things Tim. are about the out-works only but do not I quit my self like a man when I come into the open field or at least like a crafty combatant Tim. At present I shall only remark to thy eternal honour that thou preparest thy self like a man of war indeed and viewest thy enemy in all the strength of his five Propositions in opposition to thine Pag. 5. against Ecclesiastical Government but durst thou have stood to any one of them thou hadst been a Man indeed But instead of that thou fliest from his and thy own Propositions too and leavest them to defend themselves And as a man knock'd o th' head and stun'd with the blows received before thou staggerest and ramblest from one impertinent story to another but always avoidest the main point Phil. Perhaps I had reason the point was sharp CHAP. VIII PROP. I. Our Ecclesiastical Jurisdiction was not derived from the Pope but from the Crown before the Reformation by Hen. 8. Tim. NOW for the Rancounter as thy War-like word is Is this Proposition true or no If it be not true why dost thou grant it at last If it be true why dost oppose it and shew all thy little Wit and impertinent story to obscure or weaken it thou art the Author of Naked Truth Phil. I will speak plain anon but I 'le have liberty to shew my Parts and Reading therefore quomodo probas Domine D. D. Pag. 5. Tim. The Doctor begins his proof by minding thee of the Ancient Constitution of the English Church and teaching thee if thou be not too old or too stubborn to learn That it was a known Law 25 Edw. 1. and 25 Edw. 3. long before Hen. 8. that the Church of England was founded in Episcopacy by our Kings c. and not in the Papacy To this great ground of truth how wild an Answer have we Pag. 5. Thou say'st with equal ignorance and scorn I always thought till now that our Church of England I know not for his Church of England was neither founded upon Episcopacy nor the Papacy but on Christ the Rock of Ages Would any man alive beside Phil. have had so many blunders in so few words 1. The Doctor saith as the Law saith that our Church was founded in Episcopacy thou provest by thy wise thought I always thought that it was not founded VPON Episcopacy thou art it seems a thinking black-coat however that may pass for thy first Blunder 2. And the second is like unto it the Doctor says our Church was founded in Episcopacy thou thinkst it was founded ON Christ as if the Church could not be founded in Episcopacy and ON Christ too thy second blunder 3. A Church may be founded on Christ his Person and doctrine principally as the chief Corner-stone and yet mediately secondarily and doctrinally too on his Apostles and their Successors the Bishops thou wast not aware of this Phil. thy third blunder 4. A Church may be said to be founded two ways in its constitution essentially considered and so ours was founded by Christ through the means of his Ministers first calling us secondly Organically by way of Donation Endowment Investiture and Secular advantages thus our Church was at first founded by our Kings as the Law saith this not heeded made thy fourth blunder 5. But the heaviest blunder is thy stumbling over the main observation for which the Doctor cited that Law Viz. that seeing our Church was founded by our Kings in Episcopacy therefore the Bishops power did not
struck out of thy Head SECT II. Of King James 's Canons and power of making new Canons by the Statute of Hen. 8. Tim. DOst not perceive Phil. our task is almost done we have gained three great points easily out of thy hard hand and fairly out of thy foul mouth For thou hast confess'd though sore against thy genius 1. That our Courts have legal Authority 2. That certain Causes do properly belong to them 3. That the old Canons are kept in force by the Statute of Hen. 8. to try those Causes by I mean with the Statute such of them as are not repugnant to the Kings Prerogative and the Laws of the Land Now Phil. thou hangest but upon one twig and if that fail thee thou art quite sunk that is the denial of the force of King James 's Canons and the Kings power with his Convocation to make new ones Phil. 'T is false what the Doctor would make the 25 Hen. 8. 19. speak as though by that Statute the Convocation hath power reserved of making Pag. 19. new Canons provided the Convocation be called by the Kings Writ and have the Royal assent c. If this be true I do not know but the Lambeth-Canons exploded and condemned by Act of Parliament and those of King James are all Statute-Law i. e. Law by Statute or non-sence for they were so made Tim. Good Phil. discover his falshood herein with Naked Truth Is not such power reserved to the Convocation by the Statute seeing they used that power before and seeing it is conceded and not taken away by that Statute What is the meaning of reservation else Thy other paragraph is as modest as 't is true Are the Canons of King James confirmed by the Royal assent and never questioned by any Act of Paraliament of no more force than those of Lambeth Which are as thou say'st condemned by Act of Parliament that is no better than waste-paper take heed Phil. of a thing call'd crimen laesae Majestatis Phil. But is not this Doctor an honest man when the Statute only binds them to their good behaviour namely not to presume without the Royal assent but does not enable them to make any new Canons with the Royal assent Vid. Stat. Tim. Meddle not Phil. with the Doctors honesty that 's above thy reach mind thy own morals and the Doctors Logick his argument is from a legal implication upon the negative in the Statute He grounds his argument upon a known rule in Law Exceptio confirmat Regulam in non exceptis the Statute was made on purpose to limit the power formerly abused and can any inference be plainer than that the Statute supposeth and alloweth the power of the Convocation so far as it doth not prohibit or limit them 'T is evident the Judges thought so when at the Committee of the Lords my Lord Coke tells us they declared that those restraints mentioned by him were grounded on the Statute which Statute he adds was but an affirmance of the Common Law Rep. 12. p. 720. I know Phil. if thou hadst been Lord Chancellor and its pity thou hadst not that thou would'st have declared more roundly there is no need of these limitations the Convocation has no power at all to make Canons either without or with the Kings assent So would those Judges had they been of Phil's mind Now Phil. bethink thy self what a wild-Goose chase thou hast run thou art out of breath sure if not out of thy Wits In this venturous course thou may'st at length without more heed out-run the Constable or be caught by him for thy running down the Doctor my Lord Coke all the Judges the Kings Prerogative and Acts of Parliament In sober sadness Phil. what wilt thou do thou seest thou art dead in Law thy Fabrick is ruined thou art lost in the Rubbish and hast written thy own Epitaph Here lies Phil. notorious for his pitiful Descants his silly Cants and shameless Recantations For after all his Bravadoes and Rhodomantades he hath plainly allow'd what he had condemn'd and granted what he denied and with all confidence argued against namely these Five points 1. That our Ecclesiastical Jurisdiction was not really or de jure derived from the Pope before Hen. 8. 2. That that King did not dissolve but confirm the same 3. That our Spiritual Courts have Authority by Law at this day 4. That Spiritual Causes do belong to and are to be tried in them 5. That the old Canons at least which are not repugnant to the Kings Prerogative or Law are still in force Yet Phil. hadst thou gained thy Cause I must say thou hadst lost the credit of a man and a disputant Thou handlest the matter the Doctor and Authority it self so scoundrelously and so far below the Rules of all Logick and Morality Religion and Humanity as thou art a Just scandal both to thy Profession and Nature CHAP. XIV Of Procurations Synodals Canonical Oaths Fees c. Phil. SPare a little Tim. for though I have lost my weapons and quit the field I have some stones to throw back at my Enemy Tim. Thus Insects do riggle when their heads are off Phil. Peace Tim. I have seen the dying blow of a Cock of the Game strike home I am sure my reserve hath a sting in it and my Pebbles will fall like mountains upon their Courts at least in the opinion of my Friends and their Enemies Tim. Mysterious Phil. speak plainly what 's the project Phil. To be plain then the truth is I had taken much pains to prove the unlawfulness of the Spiritual Courts with this I began my Naked Truth and laid it down first as the foundation of my grievances but the Doctor in his Leges Angliae baffled me in that and put me out of all hopes of doing mischief that way Now I declare boldly that was not the main drift and design of Naked Truth I declare and proclaim boldly and frequently no matter for Naked Truth now that the Doctor saith not one word to my main design namely in answer to the Vindication of the Canons Authority to keep Ecclesiastical Courts c. Tim. Stop Phil. has not the Doctor ONE WORD dost not find a whole Chapter c. 7. to prove the Canons Authority and doth not thy own Vindication take notice of it as hath appeared to little purpose besides was it not the scope of the Doctor 's Book to prove their Authority to keep Ecclesiastical Courts Is thy memory bad too Phil. Or to impose Oaths of Canonical obedience upon the Clergie Tim. That 's proved with the Authority of the Canons which have force upon the Clergie if any at all besides the Statute that confirms our manner of ordering c. imposeth the same upon all that are ordained Phil. Or to impose Oaths upon Church-wardens Tim. I am ashamed of thy trifling that 's done both by Canon and Common and Statute-Law as my Lord Chief Justice Hales declared upon the Bench if the Wardens