Writer of credit can be produced before the Conquest who mentioneth Josephs coming hither For Anâ—wer wheâ—eunto it may first be said that where there is a conâ—â—nt uncontrol'd tradition there is most commonly the lesse care taken to commit it to writing secondly that the Charters of Glassenbury relating from the Norman to the Saxon Kings and from the Saxons to the Britâ—ns being all built upon St. Iosephs coming hither and pâ—eaching here may serve in stead of many Authors bearing witness to it and thirdly that Fryer Bale as great an enemy to the unwarrantable Traditions of the Church of Rome as our Author can deâ—ire to have him hath vouch'd two witnesses hereunto that is to say Melkinus Avalonius and Gildas Albanus whose writings or some fragments of them he may be believed to have seen though our Authoâ— hath not As for some circumstances in the stoâ—y that is to say the dedicating of Iosephs first Church to the Virgin Mary the burying of his body in it and the inclosing of the same with a large Church-yard I look upon them as the products of Mâ—nkish ignorance accommodated unâ—o the fashion of those times which the writers liv'd in Theâ—e is scarce any Saint in all the Calendar whose History would not be subject to the like misconstructions if the additaments of the middle and darker times should be produced to the disparagement of the whole Narration But such an enemy our Author is to all old traditions that he must need have a blow at Glassenbury Thorn though before cut down by some Souldieâ—s as himself confesseth like Sir Iohn Falstaffe in the Play who to shew his valour must thrust his sword into the bodies of those men which weâ—e dead before The budding or blossoming of this Thorn he accounts untrue which were it true c. fol. 8. affirming fâ—om I know not whom that it doth not punctually and critically bud on Christmas day but on the dayes near it or about it And were it no otherwiâ—e then so the miracle were not much the lesse then if it budded câ—itically upâ—n Christmas day as I have heard from persons of great worth and credit dwelling near the place that indeed it did though unto such as had a minde to decry the Festival it was no very hard mâ—tter to bely the miracle In fine our Author either is unwilling to have the Gospell as soon preacht here as in other places or else we must have Preachers for it from he knowes not whence Such Preachers we must have as either drop down immediately from the heavens as Dianas Image is said to have done by the Town-â—lerk of Ephesus or else mâ—st suddenly rise out of the earth as Tages the first Soothsayer amongst the Thuscans is reported to have done by some antient Writers And yet we cannot say of our Author neither as Lactantius did of one Acesilas if my memory fail not Recte hic aliorum sustulit disciplinas sed non rectè sundavit suam that is to say that though he had laid no good grounds for his own opinion yet he had solidly confâ—ted the opinions of others Our Aâ—thor hath a way by himself neither well skill'd in pulling down nor in building up From the first conversion of the Britans proceed we now unto the second as Parsons cals it or rather from the first Preaching to the Propagation The Christian faith here planted by St. Peter or St. Ioseph or perhaps planted by the one and watered rather by the other in their severall times had still a being in this Island till the time of Lucius So that there was no need of a new conversion but only of some able Labourers to take in the harvest The Miracles done by some pious Christians induced King Lucius to send Elvanus and Meduinus two of that profession to the Pope of Rome requesting principally that some Preachers might be sent to instruct him in the faith of Christ. Which the Pope did accoâ—ding to the Kings desiâ—e sending Faganus and Derwianus two right godly men by whom much people were converted the Temples of the gods converted into Christian Churches the Hierarchy of Bishops setled and the whole building raised on so good a foundation that it continued undemoâ—isht till the time of the Saxons And in the summing up of this story our Author having refâ—ted some petiâ— Arguments which had been answered to his hand though much mistaken by the way in taking Diotarus King of Galatia for a King of Sicilie fol. 10. gives us some other in their stead which he thinks unanswerable First he obâ—ects against the Popes anâ—weâ— to the King that Fol. 11. It relates to a former letter of King Lâ—cius wherein he requested of the Pope to send him a Copy or Collection of the Roman Lawes which being at that time in force in the 〈◊〉 if Britain was but actum agere But certainly thoâ—gh those parts of Britain in which Lucius reign'd were governed in part and bâ—t in part by the Lawes of Rome yet were the Lawes of Rome at that time more in number and of a far more generall practice then to be limited to so narrow a part of their Dominions Two thousand Volumes we finde of them in Iustinians time out of which by the help of Theophilus Trebonianus and many other learned men of that noble faculty the Emperor compos'd that Book or body of Law which from the universality of its compâ—ehension we still call the Pandects So that King Lucius being desirous to inform himself in the Lawes of that Empire whether in force or out of use we regard not now might as well make it one of his desires to the Pope of Rome as any great person living in Ireland in Queen Elizabeths time might write to the Archbishop of Canterbury to procure for him all the Books of Statutes the Year-books Commentaries and Reports of the ablest Lawyers though Ireland were governed at that time by the Lawes of England For though Pope Eleutherius knew better how to suffer Martyrdom for Christs cause as our Author hath it then to play the Advocate in anothers yet did not that render him unable to comply with the Kings desires but that he thought it better to commend the knowledge of Gods Law to his care and study In the next place it is objected that This letter mounts King Lucius to too high a Throne making him the Monarch or King of Britain who neither was the Supreme nor sole King here but partial and subordinate to the Romans This we acknowledge to be true but no way prejudiciall to the cause in hand Lucius both was and might be call'd the King of Britain though Tributary and Vassal to the Roman Emperors as the two Baliols Iohn and Edward were both Kings of Scotland though Homagers and Vassals to Edward the first and third of England the Kings of Naples to the Pope and those of Austria and Bohemia to the German Emperors Nor doth the next objection give us any
Bishop of Chichester as finally the two first Chapters about the Tiâ—hing of the Iews were learnedly reviewed by Mr. Nettles a Countâ—ey 〈◊〉 but excellently well skilled in Talmudical Learning In which encounters the Historian was so gall'd by Tillesly so gagg'd by Montague and stung by Nettles that he never came off in any of his undertakings with such losse of credit In the Preface to his History he had charged the Clergy with ignorance and lazinesse upbraided them with having nothing to keep up their credit but beard habit and title and that their Studies reache no further then the Breviary the Postils and the Polyanthea But now he found by these encounters that some of the ignorant and lazie Clergy were of as retired studies as himself and could not only match but overmatch him too in his own Philoâ—ogiâ— But the Governours of the Church went a shorter way and not expecting till the Book was answered by particular men resolv'd to seek for reparation of the wrong from the Author himself upon an Information to be brought against him in the High Commission Fearing the issue of the business and understanding what displeasures were conceived against him by the King and the Church he made his personal appearance in the open Court at Lambeth on the eight and twentieth day of Ianuary Annâ— 1618. where in the presence of George L. Archbishop of Canterbury Iohn L. B. of London Lancelot L. B. of Winchester Iohn L. B. of Rochester Sir Iohn Benet Sir William Bird Sir George Newman Doctors of the Laws and Thâ—mas Mothershed Notary and Register of that Couâ—t he tendred his submission and acknowledgement all of his own hand-writing in these following words My goâ— Lords I most humbly acknowledge my error whicâ— haâ—e committed in publishing the History of Tithes and especially in that I have at all by shewing any interpretation of Holy Scriptures by medling with Councels Faâ—hers or Câ—nons or by whatsoever occurs in it offered any occasion of argument against any right of Maintenance â—ure divino of the Ministers of the Gospel beseeching your Lordships to receive this ingenuous and humble acknowledgement together with the unfeigned protestation of my grief for that through it I have so incurred both his Majesties and your Lordships displeasure conceived against me in behalf of the Church of England IOHN SELDEN Which his submission and acknowledgement being received and made into an Act of Court was entred into the publick Registers thereof by this Title following viz. Officium Dominorum contra Joh. Seldeâ—â— de inter Templo London Armigerum So far our Author should have gone had he plaid the part of a good Historian but that he does his work by halfs in all Church-concernments Fol. 72. James Montague Bishop of Winchester a potent Courtier took exceptions that his Bishoprick in the marshalling of them was wronged in method as put after any whose Bishop is a Privy Counsellour The Bishop was too wise a man to take this as our Author hates it for a sufficient ground of the proceeding against Dr. Mocket who had then newly translated into the Latin tongue the Liturgy of the Church of England the 39. Articles the Book of the Ordination of Bishops Priests and Deacons and many Doctrinal points extracted out of the Book of Homilies All which with Bishop Iewels Apology Mr. Noels Catechism and a new Book of his own entitâ—led Politiâ— Ecclesiae Anglicanae he had caused to be Printed and bound up together A Book which might have been of great honour to the Church of England amongst forain Nations and of no lesse use and esteem at home had there not been somewhat else in it which deserved the fire then this imaginary Quarrel For by the Act of Parliament 31 H. 8. 6. 10. the precedency of the Bishops is thus Marshalled that is to say the Archbishop of Canterbury the Archbishop of York the Bishop of London the Bishop of Durham the Bishop of Winchester the rest according to the order of their Consecrations yet so that if any of them were Secretary to the King he should take place of all those other Bishops to whom otherwise by the Order of his Consecration he had been to give it If the Doctor did mistake himself in this particular as indeed he did the fault might easily have been mended as not deserving to be expiated by so sharp a punishment The following reason touching his derogating from the Kings power in Ecclesiastical matters and adding it to the Metropolitan whose servant and Chaplain he was hath more reason in it if it had but as much truth as reason and so hath that touching the Propositions by him gathered out of the Homilies which were rather framed according to his own judgement then squared by the Rules of the Church But that which I conceive to have been the true cause why the Book was burned was that in publishing the twentieth Article concerning the Authority of the Church he totally left out the first clause of it viz. Habet Ecclesia Ritus sive Ceremonias statuendi jus in Controversus â—ides Authoritatem By means whereof the Article was apparently falsified the Churches Authority disâ—vowed and consequently a wide gap opened to dispute her power in all her Canons and Determinations of what sort soever And possible enough it is that some just offence might be taken at him for making the Fasting dayes appointed in the Liturgy of the Church of England to be commanded and observed ob Politiâ— is solum rationes for Politick Considerations only as insinuated pag. 308. whereas those Fasting-dayes were appointed in the first Liturgy of King Edward the sixth Anno 1549. with reference only to the primitive Institution of those several Fasts when no such Politick considerations were so much as thought of But whatsoever was the true cause or whether there were more then one as perhaps there was certain I am it could not be for derogating any thing from the Kings Power and enlarging that of the Archbishop in confirming the election of Bishops as our Author tels us For though the Doctor doth affirm of the Metropolitans of the Church of England pag. 308. Vt Electiones Episcoporum suae Provinciae confirment that it belongs to them to confirm the Electioâ—s of the Bishops of their several Provinces and for that purpose cites the Canon of the Councel of Nice which our Author speaks of yet afterwards he declares expresly that no such confirmation is or can be made by the Metropolitans without the Kings assent preceding Cujus 〈◊〉 electi comprobantur comprobati confirmantur confirmati consecrantur pag. 313. which very fully clears the Doctor from being a better Chaplain then he was a Subject as our Author makes him Fol. 77. At this time began the troubles in the Law-Countries about matters of Religion heightned between two opposite parties Remonstrants and Contra-Râ—monstrants their Controversies being chiefly 〈◊〉 to five points c Not at this time viz. 1618. which our
secrets of the heart of man Interest tenebris interest cogitationibus nostris quasi alteris tenebris as Minutius hath it The man here mention'd had been in the Confeâ—sion of our Aâ—thor himself Archbishop of Spalato in Dalmatia â— dignity of great power and reputation and consequently of a fair Revenue in propoâ—tion to it He could not hope to mend his Fortunes by his coming hither or to advance himself to a more liberal entertainment in the Church of England then what he had attain'd unto in the Church of Rome Covetousness therefore could not be the motive for leaving his own estate of which he had been possessed 14 years in our Authors â—eckoning to betake himself to a strange Countrey where he 〈◊〉 promise himself nothing but protection and the â—â—eedom of conscience Our Author might have said with more probability that covetousness and not consâ—ience 〈…〉 cause of his going hence no bâ—it of proâ—â—t or preferment being laid before him to invite him 〈◊〉 â—s they were both by those which had the managing 〈…〉 him hence He had given great 〈◊〉 to the Pope by his defection from that Church and no 〈◊〉 councenance to the Doctrine of the 〈◊〉 Churches by his coming oâ—er unto ouâ—s The 〈◊〉 of â—o great a 〈…〉 of that Church was not like to stand And yet he gave greater blows to them by his Pen then by the defection of his Person his learned Books entituled De Republica Ecclesiasticâ being still unanswered In which respect those of that Church bestird themselves to disgrace his person devising many other causes by which he might be mov'd or forc'd to forsake those parts in which he durst no longer tarry But finding little credit given to their libellous Pamphlets they began to work upon him by more secret practises insinuating that he had neither that respect nor those advancements which might incourage him to stay that the new Pope Gregory the fifteenth was his special friend that he might chuse his own preferments and make his own conditions if he would return And on the other side they cunningly wrought him out of credit with King Iames by the arts of Gondomar and lessened his esteem amongst the Clergy by some other Artifices so that the poor man being in a manner lost on both sides was forc'd to a necessity of swallowing that accursed bait by which he was hook'd over to his own destruction For which and for the rest of the story the Reader may repair for satisfaction to this present History Fol. 96. Besides the King would never bestow an Episcopal charge in England on a foreiner no not on his own Countrey-men the Scots This must be understood with reference to the Church of England King Iames bestowing many Bishopricks upon his Countrey-men the Scots in the Realm of Ireland And if he did not the like here as indeed he did not it neither was for want of affection to them nor of confidence in them but because he would not put any such discouragement upon the English who looked on those preferments as the greatest and most honourable rewards of Arts and Industry Quis enim virtutem exquireret ipsum Proemia si â—ollin Fol. 100. All mens mouthes were now 〈◊〉 with discourse of Prince Charles his match with 〈…〉 Infanta of Spain The Protestants grieved thereat fearing that this marriage would be the Funerals of their Religion c. The buâ—â—ness of the match with Spainâ—ath â—ath already been sufficiently agitated between the Authoâ— of the History of the Reign of King Charles and his Observator And yet I must adde someâ—hing to let our Author and his Reader to understand thus much that the Protestants had no cause to fear such a Funeral They knew they liv'd under such a King who lov'd his Soveraignty too well to quit any part thereof to the Pope of Rome especially to part with that Supremacy in 〈◊〉 matters which he esteemed the fairest Flower in the Royal Garland They knew they liv'd under â—â—ch a King whose interest it was to preserve Religion in the same state in which he found it and could not fear but that he would sufficiently provide for the 〈◊〉 of it If any Protestants â—eared the funeral of their Religion they were such Protestants as had been frighted out 〈…〉 as you know who us'd to call the Puritans 〈…〉 under the name of Protestants had â—ontriv'd themselves into a Faction not only against Episcopacy but even Monarchy also And to these nothing was more 〈◊〉 then the match with Spain fearing â—nd perhaps 〈◊〉 fearing that the Kings 〈◊〉 with that Crown might aâ—m him both with power and counsel to suppress those practices which have since prov'd the Funeral of the Church of England But as it seems they 〈…〉 fear was our Author telling us fol. 112. that the 〈…〉 State had no minde or meaning of a match and that this was quickly discovered by Prince Charles at his coming 〈◊〉 How so Because saith he Fol. 112. They demanded 〈…〉 in education of the 〈…〉 English Papists c 〈…〉 nothing For thus the argument seems to stand viz. The Spaniards were desirous to get as good conditions as they could for themselves and their Party Ergo they had no minde to the match Or thus The demands of the Spaniards when the business was first in Treaty seem'd to be unreaâ—onable Ergo they never really intended that it should proceed Our Author cannot be so great a stranger in the shops of London as not to know that Trades-men use to ask many times twice as much for a commodity as they mean to take and therefore may conclude as strongly that they do not mean to sell those wares for which they ask such an unreasonable 〈◊〉 at the first demand Iniquum petere ut aequum obtineas hath been the usual practice especially in driving Sâ—aâ—e-bargains of all times and ages And though the Spaniards at the first spoke big and stood upon such points as the King neither could nor would in honour or conscience consent unto yet things were after brought to such a temperament that the marriage was agreed upon the Articles by both Kings subscrib'd a Proxie made by the Prince of â—ales to espouse the Infanta and all things on her part prepared for the day of the wedding The bâ—each which â—ollowed came not from any aversness in the Court of Spain though where the fault was and by what means occasioned need not here be said But well â—are our Author for all that who finally hath absolv'd the Spaniard from this breaâ—h and laid the same upon King Iames despairing of any restitution to be made of the Palatinate by the way of Treaty Ibiâ— Whereupon King James not only broke off all Treaty 〈◊〉 pain but also called the great Councel of his Kingdom together By which it seems that the breaking off of the Treaty did precede the Parliâ—ment But multa apparent quae non sunt Every thing is not as it seems The Parliament
But that which could not be obtain'd by this checking of the Commons in the declining and last times of King Edw. 3. was in some part effected by the more vigorous prosecution of King Hen. 8. who to satisfie the desires of the Commons in this particular and repress their checkings obtained from the Clergy that they should neither make nor execute any Canons without his consent as before is said so that the Kings power of confirming Canons was grounded on the free and voluntary submission of the Clergy and was not built as the third Argument obâ—ecteth on to weak a foundation as the Popes making Canons by his sole power the Pope not making Canons here nor putting his Rescripts and Letters decretory in the place of Canons but only as a remedy for some present exigency So that the Kings power in this particular not being built upon the Popes as he said it was it may well stand That Kings may make Canons without consent of Parliament though he saith they cannot But whereas it is argued in the fourth place that the clause in the Statute of Submission in which it is said that the Clergy shall not make Canons without the Kings leave doth not imply that by his leave alone they may make them I cannot think that he delivered this for Law and much less for Logick For had this been looked on formerly as a piece of Law the Parliaments would have check'd at it at some time or other and been as sensible of the Kings encroachments in executing this power without them as antiently some of them had been about the disuse of the like general consent in the making of them Fol. 180. In the next place our Author tells us that Mr. Maynard endevoured also to prove that these Canons were against the Kings Prerogative the Rights Liberties and Properties of the Subject And he saith well thâ—t it was endevoured to be proved and endeavoured only nothing amounting to a proof being to be found in that which follows It had before been voted by the House of Commons that the Commons are against fundamental Laws of this Realm against the Kings Prerogative propâ—â—â— of the Subject the Right of Parliament and do tend to faction and sedition and it was fit that some endeavours should be used to make good the Vote But this being but a general charge requires a general answer only and it shall be this Before the Canons weâ—e subscribed they were imparted to the King by the Archbishop of Canterbury and by the King communicated to the Lords of the Councel who calling to them the assistance of the Judges and some of the Kings Councel 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 fundamental 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 Conncel 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 answered that nothing hath been more ordinary in all former times then for the Canons of the Church to inflict penalties on such as shall disobey them exemplified in the late Canons of 603. many of which extend not only 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 determineth 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 unlawful but to commend that of Kings as being the best Nor can it Logically be infer'd that because the Kingly Government is not received in all places that therefore it ought not so to be or that the Goveâ—nment by this Canon should be the same in all places and in all alike because some Kings do and may lawfully pâ—t with many of 〈◊〉 Rights for the good of their Subjectâ— which others do 〈◊〉 may as lawfully retain unto themselves â—o the fourth That the Doctrine of Non-Resistance is 〈…〉 the words of St. Paul Rom. 〈…〉 condemn the Canon in that behalf 〈…〉 Word of God upon which it is 〈…〉 fifth and last That the Statute 〈…〉 that the dayes there mâ—ntion◠〈…〉 dayes and no other relâ—tes only to the 〈…〉 some other Festivals whiâ—h had been formerly 〈…〉 in the Realm of England and not to the 〈…〉 Church from ordâ—ining any other Holy 〈…〉 causes in the times to come Assuredly 〈…〉 Lawyer would have spoke more home 〈…〉 could the cause have born it Floquentâ—m 〈…〉 in the Oraâ—oâ—s language And therefore 〈…〉 on the heads of the Arguments â—s our 〈…〉 them to us I must needs think that they were 〈◊〉 fitted to the sense of the House then they were 〈…〉 own What influence these arguments might have on the House of Peers when reported by the Bishop of 〈◊〉 I am not able to affirm But â—o far I 〈…〉 our Author that they lost neither 〈…〉 came from his moâ—th who as our Author sayes 〈◊〉 back friend to the Canons because made 〈…〉 and durance in the Tower A piece of 〈…〉 I did not look for The power of 〈…〉 thus shaken and endangered that of 〈…〉 and the Bishops Courts was not 〈…〉 one being taken away by Act of 〈…〉 other much weaâ—ened in the 〈…〉 a clause in that Act of which 〈…〉 Fol. 182. Mr. 〈…〉 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 Jâ—risdiction But he had no reason to impute it to the â—inger of God or to the carelesness of the Bishops in suffeâ—ing themselves to be so supinely surpris'd For first â—e 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 â—ive against most of the Lords being wrought on by the popular party in the House of Commons to pass the Bill Thirdly they were not without hope that when the Scots Aâ—my was disbanded