A DIALOGUE BETWIXT PHILAUTUS AND TIMOTHEUS In Defence of Dr FVLLWOOD's LEGES ANGLIAE Against the Vindicator of Naked Truth Stiling himself PHIL. HICKERINGILL LONDON Printed for Rich. Royston Bookseller to His most Sacred MAJESTY 1681. TIMOTHEVS and PHILAVTVS CHAP. I. Of the Author's Name Phil. Hickeringill TImotheus Well met Philautus Philautus Why Philautus Tim. I know you call your self Phil. Hickeringill but that Dutoh-Hobgoblin name is so rugged and harsh in the mouth and so unsutable to the smoothness of your Vindication of Naked Truth that neither my self nor a Thousand others can endure it at the first time they heard it it brought a Curse with it and they wish they had never heard it since and are frightned at the very sound of it as if it were conjuring Indeed Hickeringill speaks ill and hears worse therefore as you have faced about and chang'd your countenance as to Religion or against it I thought it not amiss to change your name too Phil. How now Tim hast an itchy endeavour to be witty forsooth in Vindic. p. 35. spite of Nature and thy Stars enough of Hickeringill but why must Phil. be added to autus why Philautus thou thinkst thou hast a trick for that too Tim. To deal plainly with thee every body perceives that this Phil. Hickeringill is the same Person that lies prostrate under the name of Edmond at the foot of Naked Truth and it is known that Phil. and Edmond are all one that is Ned loves Hickeringill and Hickeringill is in love with himself and for this Reason I have made bold for the better sounds sake to call thee Philautus But prethee Phil. why art thou pleased with that throatling name Phil. Hickeringill is it not for the same reason good wits may jump Phil. Say nothing Tim and I will tell thee the naked truth and whether I thought of thy reason or not I am resolved upon good reason to love my self for I see little in the world that a Man should be fond of and but few that regard me as I deserve or merit my kindness Nor can I expect otherwise Plain dealing has few friends and that 's my Talent besides I have flown at all sorts of People Fift-Monarchists p. 35. Anabaptists Quakers Independents Presbyterians Papists and I trow in a very civil manner at our own Church-men too and thus have provoked them all against me and is it not time to take care of my self I had once some hopes of favour from the Church of England but now I despair for I saw little was to be got by her kindness and occurr'd her displeasure to speak the truth she hath always been a Step-Mother Vind p. 2. to the Author of the Naked Truth and he never had any thing from her but frowns and blows at best but a Bitt and a Knock and now alas she is in the Wane and not worth the courting I found her lately in the Frontispiece of a Book called Leges Angliae a pretended answer to Naked Truth pictured in a very low and weeping posture groaning under the Cross and I hate her in her very picture but seeing it is so sad with her I will pity and love my self therefore call me what thou wilt I am Phil. Hickeringill and will be so in spight of the World and the Church too CHAP. II. Of the Title Leges Angliae one Fullwood a libelling Pamphlet Tim. THou mentionest a Book called Leges Angliae prethee what 's thy opinion of it Phil. That Book I have not patience to speak of it it so scandalously handles my beloved Naked Truth it proves it to be all lies and then cloaths it with Bears-skins and all shapes of Villany and then exposeth it and hectors and beats and kills it and all that under the detestable name of my chief old enemy the Laws of England Many years agon these Laws of England had like to have done me a mischief and I could never endure the name of them since especially when the wind blows West-ward and I wonder at my heart how these Laws can give warrant to others in a Hectoring way to say â—ind p. 6. Come Clergyman deliver your Purse your Purse But with what Title his pitiful Pamphlet can challenge so swelling a Title shall be considered only by the sequel 〈…〉 2. Tim. Good Phil. why so angry the Title did thee a kindness Some think had it not been for this Title and a small Jest thou hadst had little to say to the whole Book and it seems to be true too because thou so often makest mention and makest so much advantage of them But to speak my mind a serious Book that consists chiefly of our Laws and Vindicates a legal Government by Arguments of express Laws may wear this Title of Leges Angliae modestly enough though I must tell thee I am well assured that that Title was put to the Book by another hand and not by the Authors who knew it not certainly till he saw it in Print He hath often said he did not like it because he had twit Mr. Cary for stiling his lesser Book The Law of England though that seems to be a greater Title But good Phil. why must thy Vindication carry so much folly and rage in the front of it Scornfully calling thy Adversary one Fullwood though he tells the world both his Name and his Title and Dignity If he be a Doctor in Divinity and a Dignitary in the Church or but an aged Spectacle-Divine thou shouldest have used him with less disdain if not with reverence Some think he honoured thee too much in condescending to take notice of and answer thy Book and dishonour'd himself Phil. Why did he not let Naked Truth alone then why did he write so libelling a Pamphlet against it Tim. I know thou hast betray'd thy wit as well as manners in calling a serious Book touching lawful government written by an Ancient D. D. a libelling Pamphlet But Phil. if he write that which is true and set his name to it how is his Book a Libel That thou against whom his Book is written wer 't guilty enough was evident because thou fled'st for it not daring to put thy name at first to thy Naked Truth as the Doctor doth to his Book I say thou didst thus fly for it and that out of a sense of guilt or great fear Fear what the men or the Leges Angliae thou hadst offended by thy Naked Truth would do with thee should they find thee out as thou often confessest in that Book Indeed when thou hadst got thy Friends about thee I mean the Rabble that like not the Laws of England and as thou thought'st secured thy self among thy Abettors then thou appearest and shewest thy self though sneakingly at the Tail of thy Book Seeing thy self then in the face of those moveable waters thou seemest to fall in love with and pride thy self as the Author of a Book so highly esteemed by the weak and disturbed Populacy and had I not given thee a name before thou mightest well be called after thy great Grandfather
thine ear wiser and better and greater Men than thy self expressed their trouble to the Doctor when they heard he was about to reflect upon thy scandalous Book for so they called it that he should condescend so far as to honour it with an Answer and feared that thou wouldst value thy self those were the words upon thy being taken so much notice of by a Dignitary of the Church of England which indeed had almost prevented the Print But at length Phil. thou art a Gentleman and will have the world know thou hast 200 l. per An. Land of Inheritance Well Phil be it so but we must take thy word for both seeing thou livest by ill neighbours We have thy Picture drawn to the life by a Modern Dawber no primitive Painter in all thy Books but it is well that Gentleman is written by otherwise a Man would swear 't were the Picture of a Cock or Bull rather than a Gentleman a Cock for his Crowing or a Bull for his Rage CHAP. V. A Specimen of his Wit Doctor 's Expressions vindicated Phil. WHat 's the matter Tim. art quite lost and turn'd Enemy Tim. I had almost done with thee but thy wonderful Witticisms which I lately discovered have pretty well reconciled me and made me amends for all together How smoothly runs that viz. a Protestant Head must have a Protestant Face how Ingenuous that the Proem takes up too much room in another character least the best of Puns should escape unobserved which without the cost of a costive Anagram more than pays the Doctor for his Hobby Warr-Hawks but there 's no end of this Topick every Line has its Salt and therefore passing all the rest I shall crown my observation with a little further notice of that Anagram we hinted at which crowns thy wit at the end of thy Book 't is this Fra. Fullwood war dul-fool Now Phil. let 's be serious a-while and war-dull-fool indeed is his name as much too hard for thy wit as his Arguments for thy Reason what makes thee deal so barbarously with it O Phil. thy wit is cruel and short for War-dull fool can reach but to Fra. Vlwood and short and cruel what cut off the lower half of his Christian name and the Head of his Sirname I now find thy knack at capping of Verses and uncapping of Names and am not much concern'd tho' his Name thus suffers seeing his reputation is above thy reach Phil. Would any Man alive beside thee have been such a fool in print and without shame have boasted of this subtle Sylly Anagram as thou callest it thy self such folly calls for the fury of a chastizing Paedagogue and whipping Tom indeed Phil. What because it is not true to a letter the troth is Tim for a phansie or a humour we Wits regard neither truth nor sense nor good manners But now I am provoked I 'le expose two such instances of the Doctor 's wit that are strangers enough to sence and as much as any of mine 1. What dost think of his rock of Sand upon which he supposeth me to triumph I never heard of a Rock of Sand before Tim. It may be so Phil. but I think the expression is at least pardonable but thy Reading in Philosophy is hardly so hast forgot or didst never hear of that question about the generation of Stones and Rocks But cease thy wonder he never intended a natural real and firm Rock for he knew well enough that thou hadst none such to stand upon but he meant such as thou hadst and such as thy matter depended upon a fictitious false counterfeit rock and such a one may easily be made of Sand mix'd with the slime and dirt which so much defiles Naked Truth Phil. But thou canst never bring him off for his other extravagancy for lying envy malice c. he saith I am a very Angel of light Tim. What Phil. fail in thy Rhetorick too hast forgotten the figure that warrants such manners of expression I wonder what thou wouldst be called for such kind of virtues as lying c. or any of thy other excellencies An Angel of Darkness and Confusion the Prince of the Air the Accuser of the Brethren or a Devil-incarnate And in this Sphear this Wilderness of Evils None prosper highly but the perfect Devils CHAP. VI. A previous attempt of Mr. Phil's Judgment and Logick SECT I. Tim. THough thou approachest towards the main battle timidè and with deal of modesty even to despair yet I observe thou makest some on-sets that give tokens of some braveness in thee I acknowledge thou art strangely qualified with stoutness of body resoluteness of mind invincible passions haughtiness of expression accurateness in History and Law especially against the Church and Ecclesiastical Courts all managed with a singular stream of wit and fancy as I lately noted Yet to deal plainly with thee Phil. there is a small gift or two that seem not to be altogether so compleat in thee I mean that clearness of mind and foundness of wisdom and that dexterous faculty of reasoning that should crown a disput an t of thy strange adventure Phil. How man why that 's my glory and in the knack of arguing I challenge the world But if it should be with me as thou saist yet thou maist perceive I am even with this Archdeacon for he lai'th out his whole strength in a little point which I denied and indeed argued against with all my might and skill in Law and Story Namely the Lawfulness of Ecclesiastical Government and seems to neglect those Weightier things of Pag. ◠Procurations Synodals Fees of Courts c. and is not that as ill in him as for me to shew my manhood in those noble points of resolution passion fancy story and expression though I should be found less and less concerned in the inconsiderable points of wisdom and reason However Tim. I know no Nakedness in my discourse but the Naked Truth If thou dost shew it Tim. This Nakedness appears in the whole body of thy Book not to prevent that discovery I shall here only instance in two of thy attempts 1. The Doctor had said our Laws exclude the purely Spiritual power of the keys from the Supremacy of our Kings except it be to see that Spiritual men do their duty therein Here upon I am ashamed to see how thou triumphs before the Victory and how pury like how poorly and fallaciously thou attack'st him First Thou say'st K. Hen. 3. preacht in Pulpit ergo c. Secondly Emperors called Councils and approved their Canons Ergo Thirdly Our Kings are ordained Priests as Baker relates therefore thou strongly concludest they have the power of the Keys but the conclusion should have been that they have the purely Spiritual power of the Keys doest not perceive it Phil. Our Laws do say that the King is mixta persona cum sacerdote and all those ensigns at his Coronation import as much but in which of them is
opposest stoutly by way of exception and then thou comest off as mildly by way of Concession 1. By way of exception thou say'st many things to no purpose 1. Thou repeatest thy illegal error that Hen. 8. was made when he was only declared to be Head of the Church by Act of Parliament but had it been both a truth and Law what had that done to dissolve the Jurisdiction 2. Thou recitest an impertinent Assertion viz. That the King and Parliament advised about new Church-Laws must we have a new Government every time we have new Laws 3. Thou tellest according to thy wont some old stories about Abby-Lands as much to the business 4. Thou laugh'st at a resemblance which the Doctor brought from a Mannor where though the Lord be changed the Customs Officers and Courts may not be changed Here thou namest some particular Customs that were actually changed by Law in Hen. 8's time never considering how thou undoest thy self For the change of those particular Customs mentioned are a clear confirmation of those Customs much more the Courts and Officers which are left unaltered 5. Thou givest us the old Crambe that the Popish Convocation of Q. M. thought otherwise and that thou may'st think as the Papists do 2. Phil. I see thou wilt not be convinc'd by Reason nothing will please except I yield the cause Tim. Now thou art kind and just too what should a man do when he can fight no longer but cry quarter But speak out man for I love to hear thy Concessions plain and full Phil. No body denies as if Phil. had never done so but K. Hen. 8. did enable the Kings Courts Spiritual and Temporal but that Statute 24 Hen. 8. 12. limits the cognisance of matters cognoscible in the Spiritual Courts to these three sorts reckon well Phil. causes Testamentary Matrimonial Tithes and Oblations and Obventions Tim. This is pretty well for 1. Thou here grantest what thou hadst denied that Spiritual Courts were allow'd by Law after Hen. 8. had renounced the Popes Supremacy 2. Some matters of moment were legally cognizable in those Courts 3. I find no reason to trust thee Phil. for I find no words in that Statute limiting the Ecclesiastical Jurisdiction to those three causes Upon the whole I conclude that Phil. is a singular disputant Some of his friends are excellent indeed at confuting an Adversary by denying the Conclusion but Phil. by granting it CHAP. X. Of the Three other PROPOSITIONS Tim. IT hath appeared that the Popes headship was but a Lawless Innovation a lawless and needless usurpation upon the Crown and a superinduction to the confirmation of our Bishops c. and their power of Jurisdiction that did really operate nothing upon their efficacy and legality and that they stood firm enough as having their power from the Crown and our own Laws without any real dependance on the Pope before Hen. 8. which was the clear sence of our Laws long before Hen. 8. and of the whole Kingdom in his time and since as my Lord Coke in Cawdries Case and Sir John Davies in Lalors Case have so fully proved that thou durst not look them in the face though so often by the Doctor urged to it It hath also appeared that thus the Bishops c. and their Jurisdictions were continued and confirmed by Hen. 8. and the Doctors two first Propositions are yielded by thee under thy own hand and thou hast quit thy self bravely Phil. in first denying them and long contesting them and at last honestly yielding and granting both with a boon-grace But Phil. where shall we find the Doctor 's three other Propositions that more nearly concern'd thee Thou should'st have had courage to set them before thee as distinctly as thou didst the former though thou hadst treated them as confusedly But methinks thou art more afraid of them Phil. I was in haste and I had more important affairs in hand than to ◠ult spend much time with such a scribling D. D. my Book is worth the reading for my useful Stories and Poetry Thou wilt find upon a diligent search that I have said as much as I had a mind to to each of those Propositions though I am sensible enough 't is somewhat loosely Tim. For once Phil. I am content to rake among thy Rubbish though no man else would endure the scent Indeed I find something or nothing about the third Proposition and by the by a lap and away as Canis ad Nilum in pag. 16. though here I expected thy whole strength Give me leave to set it down before thee and see how thou lookest upon it CHAP. XI The Doctors Third PROPOSITION Ecclesiastical Jurisdiction is lawfully exercised without the King's Name or Stile in Processes c. notwithstanding the 1 Edw. 6. 2. Tim. THe Doctor thought himself concerned to prove this substantially by giving good evidence that the 1 Edw. 6. 2. was repealed He argued it largely from Authority common practice and Law shewing plain Statutes now in force to maintain his Point Here Phil. the world expected thou should'st speak to purpose or be silent for ever but how and where shall we find this expectation or the Doctor answered Phil. I have not willingly omitted to give answer to all and every the idle cavils and exceptions in his Book pag. 26. My answer is 1. I deny the Authority of the Twelve Judges that declared that 1 Edw. 6. 2. is repealed 〈◊〉 16. take in the King and Council too my own is better especially having a Vote of the House of Commons in 1640. on my side Tim. Now Phil. I am afraid of thee and of thy cause nay thou art afraid thy self what flie to a House of Commons in 40 and to a vote of that House and to a Vote of that House that speaks not one word to the point in hand the very words of it as set down by thy self disprove thee to thy face thou know'st that Vote hath not a tittle in it touching this Statute of 1 Ed. 6. 2. which is the thing in debate nor yet concerning Ecclesiastical Jurisdiction and is only concerning the power of the Convocation to make Canons without a Parliament But thou closest the Point with a sweet Note Indeed none are so fit to answer the Arch-deacon as such a Parliament Reflect a little Phil. and see how this point stands after all thy spite is spent upon it thou excepts against the Authority of those Twelve Judges but how dost thou answer the reasons of their Judgment which they honestly set down as the Doctor shew'd out of my Lord Coke upon Ja. 4. not a word of that what saist thou to the constant practice both of the Crown and all the King's Courts Civil and Spiritual contrary to that Statute ever since on which the Doctor enlarged Mum. Phil. I am quite tired with his impertinencies p. 26. he is such a prater p. 16. I leave him to the Parliament and the point too p. 19. Tim.
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