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A40651 The appeal of iniured innocence, unto the religious learned and ingenuous reader in a controversie betwixt the animadvertor, Dr. Peter Heylyn, and the author, Thomas Fuller. Fuller, Thomas, 1608-1661. 1659 (1659) Wing F2410; ESTC R5599 346,355 306

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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 o● 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 sh●llings in the pound confirmed by Act of Parliament in the usual way th●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
Countrey conquered to change the Laws alter the Language or new mould the Government or finally to translate the Scepter from the old Royal Family to some one of their own None of which things being done in the Invasions of the Scots and Picts they cannot properly be said to have subdued the South parts of the Island as our Author out of love perhaps to the Scots would perswade the Reader Fuller I confesse of all Five the Picts and Scots had the most short and uncertain abode in the South The distinction is very nice betwixt harrassing or depopulating of a Countrey and subduing it If I could but harrasse and depopulate that is but deargumenta●e the Animamadvertors Book against me I doubt not but I should be accounted to subdue it Why is not my Pen charged with a love to the Picts whom I also equally with the Scots intitle to this subduing and is a Nation now no where extant to be the object of my affection But this five-times subduing of the South of this Island is in all Authors as generally known and received as that a man hath five fingers on his hand Wherefore no more in Answer to just nothing THE THIRD BOOK From the time of the Norman Conquest to the first preaching of Wickliffe Dr. Heylin WE are now come unto the times of the Norman Government when the Church began to settle on a surer bottom both for power and polity the Bishops lesse obnoxious to the Kings than formerly because elected by the Monks and Canons of their own Cathedrals their Consistories free from the intermixture of Lay-assistance and their Synods manag'd by themselves Wherein though they had power of making such Synodicall Constitutions as did ipso facto binde all parties yet our Author is resolv'd to have it otherwise Fuller All this is but perfatary and therefore my Answer not necessary thereunto The Animadvertor seemeth to congratulate the Condition of the English Church as better hereafter in the following than in foregoing Ages He instanceth in two particulars POWER and POLITIE omitting a third worth Both Piety to which Purity in Doctrine may be reduced which now began more and more to be impaired Let me add that after the Kings of England had parted which indeed was wrested from them with the Investing of Bishops Bishops became lesse managable by and dutiful to their Prince and more insulting over the People and being lesse OBNOXIOUS to use the Animadvertors word to the Soveraign were more NOXIOUS to the Subjects Dr. Heylin Our Author proceeds Fol. 19. The Proceedings saith he of the Canon Law were never wholly received into practice in the Land but so as made subject in whatsoever touched temporals to Secular Lawes and National Customes And the Laity as pleasure limited Canons in this behalf How false this is how contrary to the power and practice of the Church before the submission of the Clergy to King Henry the eight and finally how dangerous a ground is hereby laid to weaken the Authority of Convocations will best appear by laying down the sum of a Petition presented by the House of Commons to the same King Henry together with the Answer of the Prelates and inferior Clergy then being Synodically assembled to the said Petition The substance of the Petition was as followeth viz. THat the Clergy of this your Realm being your Highnesse Subjects in their Convocation by them holden within this your Realm have made and daily make divers Sanctions or Laws concerning Temporal things and some of them be repugnant to the Laws and Statutes of your Realm not having ne requiring your most Royal assent to the same Laws so by them made nother any assent or knowledge of your Lay Subjects is had to the same nother to them published and known in their Mother tongue albeit divers and sundry of the said Laws extend in certain causes to your excellent Person your Liberty and Prerogative Royal and to the interdiction of your Laws and Possessions and so likewise to the Goods and Possessions of your Lay Subjects declaring the infringers of the same Laws so by them made not onely to incur the terrible censure of Excommunication but also to the detestable crime and sin of Heresie by the which divers of your humble and obedient Lay Subjects be brought into this Ambiguity whether they may doe and execute your Laws according to your jurisdiction Royal of this Realm for dread of the same Censures and pains comprised in the same Laws so by them made in their Convocations to the great trouble and inquietation of your said humble and obedient Lay Subjects c. the impeachment of your Jurisdiction and Prerogative Royal. The Answer thereunto was this TO this we say that forasmuch as we repute and take our Authority of making Laws to be grounded upon the Scripture of God and the determination of holy Church which must also be a rule and squier to try the justice and righteousnesse of all Laws as well Spiritual as Temporal we verily trust that considering the Laws of this Realm be such as have been made by most Christian religious and devout Princes and People how both these Laws proceeding from one fountain the same being sincerely interpretrd and after the good meaning of the makers there shall be found no repugnancy nor contrariety but that the one shall be found as aiding maintaining and supporting the other And if it shall otherwise appear as it is our duty whereunto we shall alwayes most diligently apply our selves to reform our Ordinances to Gods Commission and to conform our Statutes and Laws and those of our predecessors to the determination of Scripture and holy Church so we hope in God and shall daily pray for the same that your Highnesse will if there appear cause why with the assent of your People temper your Graces Laws accordingly Whereby shall ensue a most happy and perfect conjunction and agreement as God being Lapis angularis to agree and conjoyn the same And as concerning the requiring of your Highnesse Royal assent to the authority of such Laws as have been by our Predecessors or shall be made by us in such points and Articles as we have by Gods authority to rule and order by such Provisions and Laws we knowing your Highness wisdome and vertue and learning nothing doubt but the same perceiveth how the granting hereunto dependeth not upon our will and liberty And that we your most humble Subjects may not submit the execution of our charge and duty certainly prescribed by God to your Highnesse assent although in very deed the same is most worthy for your most Noble Princely and excellent vertues not onely to give your Royal assent but also to devise and command what we should for good order and manners by Statutes and Laws provide in the Church neverthelesse considering we may not so ne in such sort refrain the doing of our office in the feeding and ruling of Christs people your Graces Subjects we most
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 Authori●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 obnoxi●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
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 Conv●●●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
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 no● 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 t●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
that the Doctor sayes is this that as the University of Cambridge was of a later foundation then Oxford was so it was long before it grew into esteem that is to say to such a measure of esteem at home or abroad before the building of Kings Colledge and the rest that followed but that the King might use those words in his discourse with the Bishop of Winchester And for the Narrative the Doctor whom I have talked with in this businesse doth not shame to say that he borrowed it from that great Treasury of Academical Antiquities Mr. Brian Twine whose learned Works stand good against all Opponents and that he found the passage justified by Sir Isaack Wake in his Rex Platonicus Two Persons of too great wit and judgement to relate a matter of this nature on no better ground than common Table-talk and that too spoke in merriment by Sir Henry Savil. Assuredly Sir Henry Savil was too great a Zealot for that University and too much a friend to Mr. Wake who was Fellow of the same Colledge with him to have his Table-talk and discourses of merriment to be put upon Record as grounds and arguments for such men to build on in that weighty Controversie And therefore when our Author tells us what he was told by Mr. Hubbard Mr. Hubbard by Mr. Barlow Mr. Barlow by Mr. Bust and Mr. Bust by Sir Henry Savil. It brings into my minde the like Pedegree of as true a Story even that of Mother Miso in Sir Philip Sidney telling the young Ladies an old Tale which a good old woman told her which an old wise man told her which a great learned Clerk told him and gave it him in writing and there she had it in her Prayer-book as here our Author hath found this on the end of his Creed Not much unlike to which is that which I finde in the Poet Quae Phaebo Pater omnipotens mihi Phoebus Apollo Praedix●t vobis Furiarum ego maxima pando That is so say What Iove told Phoebus Phoebus told to me And I the chief of Furies tell to thee Fuller The controversie betwixt us consists about a pretended Speech of King Henry the sixth to Bishop Wainfleet perswading him to found a Colledge at Oxford To whom the King is said to return Yea rather at Cambridge that if it be possible I may have two Universities in England A passage pregnant with an Inference which delivereth it self without any Midwifry to help it viz. that till the time of King Henry the sixth Cambridge was no or but an obs●ure University both being equally untrue The Animadvertor will have the speech grounded on good Authority whilest I more than suspect to have been the frolick of the fancie of S. Isaack Wake citing my Author for my beliefe which because removed four descents is I confesse of the lesse validity Yet is it better to take a Truth from the tenth than a Falshood from the first hand Both our Relations ultimately terminate in Sir Isaack Wake by the Animadvertor confessed the first printed Reporter thereof I confess S. I. Wake needed none but Sr. Isaack Wake to attest the truth of such thing which he had heard or seen himself In such Case his bare Name commandeth credit with Posterity But relating a passage done at distance some years before his great Grandfather was rockt in his Cradle we may and must doe that right to our own Iudgement as civily to require of him security for what he affirmeth especially seeing it is so clog'd with such palpable improbabilitie Wherefore till this Knights invisible Author be brought forth into light I shall remain the more confirmed in my former Opinion Rex Platonicus alone sounding to me in this point no more than Plato's Commonwealth I mean a meer Wit work or Brain-Being without any other real existence in Nature Dr. Heylin But to proceed Fol. 190. This was that Nevil who for Extraction Estate Alliance Dependents Wisdome Valour Success and Popularity was superiour to any English Subject since the Conquest Our Author speaks this of that Richard Nevil who was first Earl of Warwick in right of Anne his Wife Sister Heir of Henry Beauchamp the last of that Family and after Earl of Salisbury by discent from his Father a potent and popular man indeed but yet not in all or in any of those respects to be match'd with Henry of Bullenbrook son to Iohn of Gaunt whom our Author must needs grant to have lived since the time of the Conquest Which Henry after the death of his Father was Duke of Lancaster and Hereford Earl of Leicester Lincoln and Darby c. and Lord High Steward of England Possessed by the donation of King Henry the third of the County Palatine of Lancaster the forfeited Estates of Simon de Montfort Earl of Leicester Robert de Ferrars Earl of Darby and Iohn Lord of Monmouth By the compact made between Thomas Earl of Lancaster and Alice his Wife of the Honor of Pomfret the whole Estate of the Earl of Lincoln and a great part of the Estates of the Earl of Salisbury of the goodly Territories of Ogmore and Kidwelly in Wales in right of his descent from the Chaworths of the Honor and Castle of Hartford by the grant of King Edward the third and of the Honor of Tickhill in Yorkshire by the donation of King Richard the second and finally of a Moity of the vast Estate of Humphry de Bohun Earl of Hereford Essex and Northampton in right of his Wife So royal in his Extraction that he was Grandchilde unto one King Cousin-german to another Father and Grand-father to two more So popular when a private person and that too in the life of his Father that he was able to raise and head an Army against Richard the Second with which he discomfited the Kings Forces under the command of the Duke of Ireland So fortunate in his Successes that he not onely had the better in the Battail mentioned but came off with Honor and Renown in the War of Africk and finally obtained the Crown of England And this I trow renders him much Superior to our Authors Nevil whom he exceeded also in this particular that he dyed in his bed and left his Estates unto his Son But having got the Crown by the murther of his Predecessor it stai'd but two descents in his Line being unfortunately lost by King Henry the sixth of whom being taken and imprisoned by those of the Yorkish Faction our Author telleth us Fuller It never came into my thoughts to extend the Parallel beyond the line of Subjection confining it to such as moved only in that Sphere living and dying in the Station of a Subject and thus far I am sure I am ●ight that this our Nevil was not equal'd much lesse exceeded by any English-man since the Conquest As for Henry Duke of Lancaster his Coronet was afterwards turned into a Crown and I never intended comparison with one who became a
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 no● 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 Inju●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 numb●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 I● 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
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 determine●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
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 ●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 ren●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 Ca●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 toge●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 expr●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 go● 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 man● 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 Con●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 o● 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 ●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 Go●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
Bill of Charges the Church paid the reckoning the Dominican Fryer who translated it being rewarded with a Benefice and a good Prebend as the Bishop himselfe did signifie by letter to the Duke of Buckingham Fuller I have been credibly informed by those who have best cause to know it That it was done not onely by his procurement but at his Cost Though I deny not but that a benefice might be conferred on the Fryer in reward of his paines Thus far I am assured by such as saw it That the Bishop who had more skill in the Spanish then his policy would publiquely own did with his owne hand correct every sheet therein Dr. Heylyn And as for the printing of the book I cannot think that it was at his charges neither but at the charges of the Printer it not being usuall to give the Printer money and the copy too Fuller The Animadvertor so well practised in printing knowes full well That though i● be usuall to give Money and Copies too for a saleable book which being Printed in our owne tongue is every mans Money yet a Spanish Book printed in England is chargeable meeting with few buyers because few understanders thereof Dr. Heylyn And Thirdly Taking it for granted that the Liturgy was translated and printed at this Bishop's charges yet does not this prove him to be so great an honourer of it as our Author makes him For had he been indeed a true honourer of the English Liturgy he would have been a more diligent attendant on it than he shewed himself never repairing to the Church at Westminster whereof he was Dean from the 18. of February 1635. when the businesse of the great Pew was judged against him till his Commitment to the Tower in Iuly 1637. Fuller One reason why he seldome came to Prayers to Westminster Church was because he was permitted but little to live there after he fell into the King's displeasure being often sent away the day after he came thither On the same token that once Sr. Iohn Cook being sent unto him to command him to avoid the Deanery Mr. Secretary said the Bishop what Authority have you to command a Man out of his owne House Which wrought so much on the old Knight that he was not quiet till he had gotten his owne pardon Dr. Heylyn Nor ever going to the Chappell of the Tower where he was a Prisoner to attend the Divine Service of the Church or receive the Sacrament from Iuly 1637. when he was committed to November 1640. when he was enlarged A very strong Argument that he was no such Honourer of the English Liturgy as is here pretended A Liturgy most highly esteemed in all places wheresoever it came and never so much vilified despis'd condemn'd as amongst our selves and those amongst our selves who did so vilifie and despise it by none more countenanced then by him who is here said to be so great an Honourer o● it Fuller Though for reasons best known to himselfe he went not to Prayers in the Tower Chappell yet was he his own Chaplain to read them in his own Chamber And let me add this memorable passage thereunto During his durance in the Tower there was a Kinsman of Sr. William Balforés then Lieutenant a Scotish man and his name Mr. Melvin too who being mortally sick sent for Bishop Williams to pray with him The Bishop read to him the Visitation of the sick having fore-acquainted this dying man That there was a form of Absolution in this Prayer if he thought fit to receive it Wherewith Mr. Melvin was not onely well satisfied but got himselfe up as well as he could on his knees in the bed and in that posture received Absolution Dr Heylyn But for this Blow our Author hath his Buckler ready telling us Ibid. Not out of Sympathy to Non-conformists but Antipathy to Arch-bishop Laud he was favourable to some select Persons of that Opinion An Action somewhat like to that of the Earl of Kildare who being accused before Henry the Eighth for burning the Cathedrall Church of Cassiles in Ireland profess'd ingeniously That he would never have burnt the Church if some body had not told him that the Bishop was in it Hate to that Bishop an Arch-Bishop of Ireland incited that mad Earl to burn his Cathedrall Church And hate to Bishop Laud the Primate and Metropolitan of all England stir'd up this Bishop to raise a more unquenchable Combustion in the Church of England So that we may affirm of him as Tertullian in another case of the Primitive Christians viz. Tanti non est bonum quanti est odium Christianorum But are we sure that he was favourable to the Non-Conformists out of an antipathy to Bishop Laud onely I believe not so His antipathy to the King did as strongly byass him that way as any thing else For which I have the Testimony of the Author of the History of King Charls publisht 1656. who telleth us of him That being malevolently inclin'd about the losse of the great Seal c. Fuller I will not advocate for all the actions of Bishop Williams and though the Animadvertor beholds my pen as over-partiall unto him yet I know who it was that wrote unto me Semper es iniquior in Archiepiscopum Eboracensem I am a true honourer of his many excellent virtues and no excuser of his Faults who could heartily wish That the latter part of his Life had been like the beginning thereof Dr. Heylyn And so I take my leave of this great Prelate whom I both reverence for his Place and honour for his Parts as much as any And yet I cannot choose but say that I find more reason to condemn then there is to commend him so that we may affirm of him as the Historian doth of Cajus Caesar Son of Agrippa and Nephew to the great Augustus viz. Tam variè se gessit ut nec laudaturum magna nec vituperaturum mediocris materia deficiat as my Author hath it And with the same Character accommodated to our Author and this present History I conclude these Notes subjoyning onely this old Saying as well for my comfort as defence viz. Truth though it may be blam'd can never be sham'd Fuller Here the Animadvertor doth Tickle and Pinch me both together yet neither will I laugh nor cry but keep my former composure I will take no notice of a piece of MEZENTISM in his joyning of the Dead and Living together and conceive my selfe far unworthy to be parallel'd in the least degree with his Eminences However I will endeavour with the Gladiators 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 honestè decumbere that when I can fight no longer I may fall handsomely in the Scene of this Life May God who gave it have the glory of what is good in me my selfe the shame of what is bad which I ought to labour to amend To the Reverend and his Worthy Friend Dr. Iohn Cosin Dean of Peter-burgh SIR You may be pleased to remember