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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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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
Soveraign having learnt primum in unoquoque Genere est excipiendum The Animadvertor hath here taken occasion to write much but thereof nothing to confute me and little to informe others He deserved to be this King Henry's Chaplain if living in that Age for his exactnesse in the distinct enumeration of all his Dignities and Estate before he came to the Crown Dr. Heylin Our Author proceeds Fol. 190. That States-men do admire how blinde the Policy of that Age was in keeping King Henry alive there being no such sure Prison as a Grave for a Cap●ive King whose life though in restraint is a fair mark for the full Aim of mal-contents to practise his enlargement Our Author might have spar'd this Doctrine so frequently in practise amongst the worldly Politicians of all times and ages that there is more need of a Bridle to holde them in than a Spur to quicken them Parce precor stimulis fortiùs utere loris had been a wholesome caveat there had any friend of his been by to have advis'd him of it The murthering of depos'd and Captive Princes though too often practised never found Advocates to plead for it and much lesse Preachers to preach for it untill these latter times First made a Maxim of State in the School of Machiavel who layes it down for an Aphorisme in point of policy viz. that great Persons must not at all be touched or if they be must be made sure from taking Revenge inculcated afterwards by the Lord Gray who being sent by King Iames to intercede for the life of his Mother did underhand solicite her death and whispered nothing so much in Queen Elizabeths eares as Mortua non mordet if the Scots Queen were once dead she would never bite But never prest so home never so punctually appli'd to the case of Kings as here I finde it by our Author of whom it cannot be affirm'd that he speaks in this case the sense of others but positively and plainly doth declare his own No such divinity preach'd in the Schools of Ignatius though fitter for the Pen of a Mariana than of a Divine or Minister of the Church of England Which whether it passed from him before or since the last sad accident of this nature it comes all to one this being like a two-hand-sword made to strike on both sides and if it come too late for instruction will serve abundantly howsoever for the justification Another note we have within two leaves after as derogatory to the Honour of the late Archbishop as this is dangerous to the Estate of all Soveraign Princes if once they chance to happen into the hands of their Enemies But of this our Author will give me an occasion to speake more in another place and then he shall heare further from me Fuller My words as by me laid down are so far from being a two-handed sword they have neither hilt nor blade in them only they hold out an Handle for me thereby to defend my self I say States-men did admire at the preserving King Henry alive and render their reason If the Animadvertor takes me for a Statesman whose generall Judgement in this point I did barely relate he is much mistaken in me Reason of State and Reason of Religion are Stars of so different an Horison that the elevation of the One is the depression of the other Not that God hath placed Religion and Right Reason diametrically opposite in themselves so that where-ever they meet they must fall out and fight but Reason bowed by Politicians o their present Interest that is Achitophelesme is Enmity to Religion But the lesse we touch this harsh string the better musick Dr. Heylin Now to goe on Fol. 197. The Duke requested of King Richard the Earldome of Hereford and Hereditary Constableship of England Not so it was not the Earldom that is to say the Title of Earl of Hereford which the Duke requested but so much of the Lands of those Earls as had been formerly enjoy'd by the House of Lancaster Concerning which we are to know that Humphry de Bohun the last Earl of Hereford left behinde him two Daughters onely of which the eldest called Eleanor was married to Thomas of Woods●ock Duke of Gloster Mary the other married unto Henry of Bullenbrook Earl of Darby Betwixt these two the Estate was parted the one moity which drew after it the Title of Hereford falling to Henry Earl of Darby the other which drew after it the Office o● Constable to the Duke of Glo●ester But the Duke of Glocester being dead and his estate coming in fine unto his Daughter who was not able to contend Henry the fifth forced her unto a sub-division laying one half of her just partage to the other moity But the issue of Henry of Bullenbrook being quite extinct in the Person of Edward Prince of Wales Son of Henry the sixth these three parts of the Lands of the Earls of Hereford having been formerly incorporated into the Duchy of Lancaster remained in possession of the Crown but were conceiv'd by this Duke to belong to him as being the direct Heir of Anne Daughter of Thomas Duke of Glocester and consequently the direct Heir also of the House of Hereford This was the sum of his demand Nor doe I finde that he made any suit for the Office of Constable or that he needed so to doe he being then Constable of England as his Son Edward the last Duke of Buckingham of that Family was after him Fuller The cause of their variance is given in differently by several Authors Some say that at once this Duke requested three things of King Richard 1. Power 2. Honor 3. Wealth First Power to be Hereditary Constable of England not to hold it as he did pro arbitrio Regis but in the right of his descent Secondly Honor the Earldome of Hereford Thirdly Wealth that partage of Land mentioned by the Animadvertor I instanced onely in the first the pride of this Duke being notoriously known to be more than his covetousnesse not d●nying but that the Kings denyal of the Land he requested had an effectual influence on his discontent Dr. Heylin Our Author proceeds Fol. 169. At last the coming in of the Lord Stanley with three thousand fresh men decided the controversie on the Earls side Our Author is out in this also It was not the Lord Stanley but his Brother Sir William Stanley who came in so seasonably and thereby turn'd the Scale and chang'd the fortune of the day For which service he was afterward made Lord Chamberlain of the new Kings Houshold and advanc'd to great Riches and Estates but finally beheaded by that very King for whom and to whom he had done the same But the King look'd upon this action with another eye And therefore when the merit of his service was interposed to mitigate the Kings displeasure and preserve the ma● the King remembred very shrewdly that as he came soon enough to win
alive to present it intire defecated from the calumniations of his Adversaries and therefore impossibilities are not to be expected from me Yet am I not such an Admirer of Wickliffe but that I beleeve he did defend some grosse Errors and it had been no wonder if it were but had been a miracle if it had not been so considering the frailty of flesh darknesse of the Age he lived in and difficulty of the Subject he undertook But because the Animadvertor referres to something following in my fifth Book I will also reserve my self for his Encounter in time and place appointed Dr. Heylin Our Author proceeds Fol. 152. He lies buried in the South Isle of St. Peters Westminster and since hath got the company of Spencer and Drayton Not Draytons company I am sure whose body was not buried in the South-Isle of that Church but under the North wall thereof in the main body of it not far from a little dore which openeth into one of the Prebends houses This I can say on certain knowledge being casually invited to his Funeral when I thought not of it though since his Statua hath been set up in the other place which our Author speaks of Fuller I follow the Information in his Epitaph on his Tombe near the South dore in Westminster Abbey Doe Pious Marble let the Readers know What they and what their Children owe To DRAITONS name whose sacred Dust We recommend unto thy trust Preserve his Memory and protect his Story Remain a lasting Monument of his Glory And When thy Ruine shall disclaim To be the Treasurer of his name His name which cannot dye shall be An Everlasting Monument to thee Have Stones learnt to Lye and abuse posterity Must there needs be a Fiction in the Epitaph of a Poet If this be a meer Cenotaph that Marble hath nothing to doe with Draitons Dust but let us proceed Dr. Heylin Our Author proceeds Fol. 153. The right to the Crown lay not in this Henry but in Edmund Mortimer Earl of March descended by his Mother Philippa from Lionel Duke of Clarence elder son to Edward the third I shall not now dispute the Title of the House of Lancaster though I think it no hard matter to defend it Fuller I think it is not onely difficult but impossible except the Animadvertor can challenge the Priviledge of the Patriarch Iacob to crosse his Hands and prefer the younger before the Elder Child in succession Again the Title of Lancaster may be considered either 1. As it was when Henry the fourth first found it 2. As it was when Henry the sixth last left it The latter of these was countenanced with many Laws corroborated with three descents and almost threescore years possession Know Reader my words are of the right where it was when Henry the fourth first seized the Crown and then he had not a Rag of Right to cover his Usurpation Instead of justifying whereof let us admire Gods free Pleasure in permitting the House of Lancaster to last so long his Iustice in assisting York afterwards to recover their Right and his Mercy at last in uniting them both for the happinesse of our Nation Dr. Heylin And much lesse shall I venture on the other controversie viz. whether a King may Legally be depos'd as is insinuated by our Author in the words foregoing Fuller If seems the Animadvertor finds little in my Book above ground for his purpose to cavil at because fain to Mine for my insinuations But let the Reader judge whether any man alive can from those my words the right lay not in this Henry but in Mortimer Earl of March infer an INSINUATION that Kings may legally be deposed This Insinuation must be in Sinu in the Bosom of the Animadvertor which never was in the breast of the Author More perspicacitie must be in the Organ than perspicuity in the Object to perceive such an Insinuation Dr. Heylin But I dare grapple with him in a point of Heraldry though I finde him better studied in it than in matter of History And certainly our Author is here out in his own dear Element Edmund Mortimer Earl of March not being the Son but Husband of the Lady Philippa Daughter of Lionel Duke of Clarence and Mother of Roger Mortimer Earl of March whom Richard the second to despite the house of Lancaster declared Heir apparent to the Kingdome of England 'T is true this Edmund was the Son of another Philippa that is to say of Philip Montacute wife of a former Roger Earl of March one of the founders of the Garter So that in whomsoever the best Title lay it lay not in this Edmond Mortimer as our Author makes it Fuller It is a meer casual slip of my Pen Edmund for Roger and this is the first time I crave the Benefit of this Plea in my defence Dr. Heylin Our Author proceeds Fol. 154. This is one of the clearest distinguishing Characters betwixt the Temporal and Spiritual Lords that the former are to be tryed per Pares by their Peers being Barons of the Realm Not shall I here dispute the point whether a Bishop may not challenge to be tryed by his Peers but whether the Bishops were not Barons and Peers of the Realm Our Author intimates that they were not but I think they were Fuller From a late Insinuation the Animadvertor now proceeds to a new Intimation of mine utterly unextractable from my words But know it never came into my minde to think that Bishops were not Peers who to my power will defend it against any who shall oppose it Dr. Heylin And this I think on the authority of the learned Selden in whom we finde that at a Parliament at Northampton under Henry the second the Bishops thus challenge their own Peerage viz. Non sedemus hic Episcopi sed Barones Nos Barones vos Barones Pares hic sumus that is to say We sit not here as Bishops onely but as Barons We are Barons and you are Barons here we sit as Peers Which last is also verified in terminis by the words of a Statute or Act of Parliament wherein the Bishops are acknowledged to be Peers of the Land And for further proof hereof Iohn Stratford Archbishop of Canterbury if I remember it aright being fallen into the displeasure of King Edward the third and denyed entrance into the House of Peers made his Protest that he was Primus par Regni the first Peer of the Realm and therefore not to be excluded from his place and Suffrage Fuller This indeed is one of the most ancient and pregnant Evidence of our Bishops sitting as Peers in Parliament But I suspect it may be mis-improved by the Back-friends to Bishops that they sate there onely in the Capacity of Peers and not a THIRD ESTATE Dr. Heylin But of this Argument enough if not too much as the case now stands it being an unhappy thing to consider what they have been formerly and what they are
King Henry the fifth Fuller This being allowed as indeed it is but a Pen-slip who is more faulty the Author in the cursorily committing or the Animadvertor in the deliberate censuring thereof Dr. Heylin But I cannot think so charitably of som other errors of this kind which I finde in his History of Cambridge fol. 67. Where amongst the English Dukes which carried the title of Earl of Cambridge he reckoneth Edmond of Langly fift son to Edward the third Edward his son Richard Duke of York his brother father to King Edward the fourth But first this Richard whom he speaks of though he were Earl of Cambridge by the consent of Edward his elder brother yet was he never Duke o● York Richard being executed at South-hampton for treason against King Harry the fifth before that Kings going into France and Edward his elder brother slain not long after in the Battail of Agincourt And secondly this Richard was not the Father but Grandfather of King Edward the fourth For being married unto Anne sister and heir unto Edmond Mortimer Earl of March he had by her a sonne called Richard improvidently restored in blood and advanced unto the Title of Duke of York by King Henry the sixth Anno 1426. Who by the Lady Cecely his wife one of the many D●ughters of Ralph Earl of Westmerland was father of King Edward the fourth George Duke of Clarence and King Richard the third Thirdly as Richard E●rl of Cambridge was not Duke of York so Richard Duke of York was not Earl of Cambridge though by our Author made the last Earle thereof Hist. of Cam. 162. before the restoring of that title on the House of the Hamiltons Fuller This hath formerly been answered at large in the Introduction wherein it plainly appeares that the last Richard was Duke of York and Earle of Cambridge though I confesse it is questionable whether his Father were Duke of York However it doth my work viz. That the Earldome of Cambridge was alwayes the first alone excepted conferred on either a forreign Prince or an English Peer of the Blood-royall an honour not communicated to any other Peere in England Dr. Heylin If our Author be no better at a pedegree in private Families then he is in those of Kings and Princes I shall not give him much for his Art of memory for his History lesse and for his Heraldry just nothing Fuller When I intend to expose them to sale I know where to meet with a francker Chapman None alive ever heard me pretend to the Art of memory who in my booke have decried it as a Trick no Art and indeed is more of fancy than memory I confesse some ten years since when I came out of the Pulpit of St. Dunstons-East One who since wrote a book thereof told me in the Vestry before credible people That he in Sydney Colledge had taught me the Art of memory I returned unto him that it was not so for I could not remember that I had ever seen his face which I conceive was a reall Refutation However seeing that a natural memory is the best flower in mine and not the worst in the Animadvertors garden Let us turn our competitions herein unto mutuall thinkfulnesse to the God of heaven Dr. Heylin But I see our Author is as good at the succession of Bishops as in that of Princes For saith he speaking of Cardinal Beaufort Fol. 185. He built the fair Hospital of St. Cross neere Winchester and although Chancellor of the Univesity of Oxford was no grand benefactor thereunto as were his Predecessors Wickam and Wainfleet Wickham and Wainfleet are here made the Predecessors of Cardinal Beaufort in the See of Winchester whereas in very deed though he succeeded Wickham in that Bishoprick he preceded Wainfleet For in the Catalogue of the Bishops of Winchester they are marshulled thus viz. 1365. 50. William of Wickham 1405. 51. Henry Beaufort 1447. 52. William de Wainfleet which last continued Bishop till the year 1485 the See being kept by these three Bishops above 120. years and thereby giving them great Advantages of doing those excellent works and founding those famous Colleges which our Author rightly hath ascribed to the first and last But whereas our Author ●elleth us also of this Cardinal Beaufort that he built the Hospital of St. Crosse he is as much out in that as he was in the other that Hospital being first built by Henry of Blais Brother of King Stephen and Bishop of Winchester Auno 1129. augmented onely and perhaps more liberally endowed by this Potent Cardinal From these Foundations made and enlarged by these three great Bishops of Winchester successively proceed we to two others raised by King Henry the sixth of which our Author telleth us Fuller What a peice of DON QUIXOTISME is this for the Animadvertor to fight in confutation of that which was formerly confessed These words being thus fairly entred in the Table of Errataes Book pag. line 4. 185. 22. read it thus of his Predecessor Wickham or Successor Wainfleet Faults thus fairly confessed are presumed fully forgiven and faults thus fully forgiven have their guilt returning no more In the Court Christian such might have been sued who upbraided their Neighbours for incontinence after they formerly had performed publique penance for the same And I hope the Reader will allow me Reparation from the Animadvertor for a fault so causlesly taxed after it was so clearly acknowledged and amended Dr. Heylin Our Author proceeds Fol. 183. This good precedent of the Archbishops bounty that is to say the foundation of All-souls Colledge by Archbishop Chicheley may be presumed a spur to the speed of the Kings liberality who soon after founded Eaton Colledge c. to be a Nursery to Kings Colledge in Cambridge fol. 184. Of Eaton Colledge and the condition of the same our Author hath spoken here at large but we must look for the foundation of Kings Colledge in the History of Cambridge fol. 77. where I finde something which requireth an Animadversion Our Author there chargeth Dr. Heylin for avowing something which he cannot justifie that is to say for saying That when William of Wainfleet Bishop of Winchester afterwards founder of Magdalen Colledge perswaded King Henry the Sixth to erect some Monument for Learning in Oxford the King returned Imo potius Cantabrigiae ut duas si fieri possit in Anglia Academias habeam Yea rather said he at Cambridge that if it be possible I may have two Universities in England As if Cambridge were not reputed one before the founding of Kings Colledge therein But here the premisses onely are the Doctors the inference or conclusion is our Authors own The Doctor infers not thereupon that Cambridge was not reputed an University till the founding of Kings Colledge by King Henry the sixth and indeed he could not for he acknowledged before out of Robert de Renington that it was made an University in the time of King Edward the second All
have thought that to call him an Advocate for the Stews had not been enough But that Doctor was not half so wise as our Author is and doth not fit each Argument with a several Antidote as our Author doth hoping thereby but vainly hoping that the arguments alledged will be wash'd away Some of our late Criticks had a like Designe in marking all the wanton and obscene Epigrams in Martial with a Hand or Asterism to the intent that young Scholars when they read that Author might be fore-warn'd to passe them over Whereas on the contrary it was found that too many young fellows or wonton wits ●s our Author calls them did ordinarily skip over the rest and pitch on those which were so mark't and set out unto them And much I fear that it will so fall out with our Author also whose Arguments will be studied and made use of when his Answers will not Fuller The commendable Act of King Henry the eighth in suppressing the Stews may well be reported in Church-History it being recorded in Scripture to the eternal praise of King Asa that he took away the Sodomites out of the Land I hope my collection of arguments in confutation of such Styes of Lust will appear to any rational Reader of sufficient validity Indeed it is reported of Zeuxes that famous Painter that he so lively pictured a Boy with a Rod in his hand carrying a Basket of Grapes that Birds mistaking them for real ones peckt at them and whilest others commended his Art he was angry with his own work-manship confessing that if he had made the Boy but as well as the Grapes the Birds durst not adventure at them I have the same just cause to be offended with my own indeavors if the Arguments against those Schools of Wantonnesse should prove insufficient though I am confident that if seriously considered they doe in their own true weight preponderate those produced in favour of them However if my well-intended pains be abused by such who onely will feed on the poisons wholy neglecting the Antidotes their destruction is of themselves and I can wash my hands of any fault therein But me thinks the Animadvertor might well have passed this over in silence for fear of awaking sleeping wontonnesse jogged by this his Note so that if my Arguments onely presented in my Book be singly this his Animadversion is doubly guilty on the same account occasioning loose eyes to reflect on that which otherwise would not be observed Dr. Heylin Our Author proceeds Fol. 253. Otherwise some suspect had he survived King Edward the sixth we might presently have heard of a King Henry the ninth Our Author speaks this of Henry Fitz Roy the Kings natural Son by Elizabeth Blunt and the great disturbance he might have wrought to the Kings two daughters in their Succession to the Crown A Prince indeed whom his Father very highly cherished creating him Duke of Somerset and Richmond Earl of Nottingham and Earl Marshal of England and raising him to no small hopes of the Crown it self as appears plainly by the Statute 22 H. 8. c. 7. But whereas our Author speaks it on a supposition of his surviving King Edward the sixth he should have done well in the first place to have inform'd himself whether this Henry and Prince Edward were at any time alive together And if my Books speak true they were not Henry of Somerset and Richmond dying the 22 of Iuly Anno 1536. Prince Edward not being born till the 12 of October Anno 1537. So that if our Author had been but as good at Law or Grammar as he is at Heraldry he would not have spoke of a Survivor-ship in such a case when the one person had been long dead before the other was born Fuller Terms of Law when used not in Law-Books nor in any solemn Court but in common Discourse are weaned from their critical sense and admit more latitude If the word surviving should be tied up to legal strictnesse Survivour is appliable to none save onely to such who are Ioint-tenants However because co-viving is properly required in a Survivor those my words had he survived shall be altered into had he lived to survive Prince Edward and then all is beyond exception Dr. Heylin These incoherent Animadversions being thus passed over we now proceed to the Examination of our Authors Principles for weakning the Authority of the Church and subjecting it in all proceedings to the power of Parliaments Concerning which he had before given us two Rules Preparatory to the great businesse which we have in hand First that the proceedings of the Canon Law were subject in whatsoever touched temporals to secular Laws and National Customes And the Laitie at pleasure limited Canons in this behalf Lib. 3. n. 61. And secondly that the King by consent of Parliament directed the proceedings of the Ecclesiastical Court in cases of Heresie Lib. 4. n. 88. And if the Ecclesiastical power was thus curbed and fettered when it was at the highest there is no question to be made but that it was much more obnoxious to the secular Courts when it began to sink in reputation and decline in strength How true and justifiable or rather how unjustifiable and false these two principles are we have shewn already and must now look into the rest which our Author in pursuance of the main Design hath presented to us But first we must take notice of another passage concerning the calling of Convocations or Synodical meetings formerly called by the two Archbishops in their several Provinces by their own sole and proper power as our Author grants fol. 190. to which he adds Fol. 190. But after the Statute of Premunire was made which did much restrain the Papal power and subject it to the Laws of the Land when Arcbishops called no more Convocations by their sole and absolute command but at the pleasure of the King In which I must confesse my self to be much unsatisfied though I finde the same position in some other Authors My reasons two 1. Because there is nothing in the Statu●e of Praemunire to restrain the Archbishops from calling these meetings as before that Act extending onely to such as purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such Translations Processes Sentences of Excommunication Bulls Instruments or any other things whatsoever which touch the King against him his Crown and his Regality or his Realm or to such as bring within the Realm or them receive or make thereof notification or any other Execution whatsoever within the same Realm or without c. And secondly because I finde in the Statute of the submission of the Clergy that it was recognized and acknowledged by the Clergie in their Convocation that the Convocation of the said Clergie is alwaies hath been and ought to be assembled alwaies by the Kings Writ And if they had been alwaies call'd by the Kings Writ then
of parchment out of his bosome and gave it to the Lord Keeper Williams who read it to the Commons four severall times East West North and South fol. 123. Thirdly the Lord Keeper who read that Scrole was not the Lord Keeper VVilliams but the Lord Keeper Coventry the Seal being taken from the Bishop of Lincoln and committed to the custody of Sir Thomas Coventry in October before And therefore fourthly our Author is much out in placing both the Coronation and the following Parliament before the change of the Lord Keeper and sending Sir Iohn Suckling to fetch that Seal at the end of a Parliament in the Spring which he had brought away with him before Michaelmas Term. But as our Author was willing to keep the Bishop of Lincoln in the Deanry of Westminster for no less then five or six years after it was confer'd on another so is he as desirous to continue him Lord Keeper for as many months after the Seal had been entrusted to another hand Fuller This also is an errour I neither can nor will defend the Lord Keeper Williams put for the Lord Keeper Coventry which hath betrayed me to some consequentiall incongruities I will not plead for my self in such a Suit where I foresee the Verdict will go against me Onely I move as to mitigation of Costs and Dammages that greater slips have fallen from the Pens of good Historians Mr. Speed in his Chronicle first Edition page 786. speaking of Henry eldest son to King Henry the eighth maketh Arch-Bishop Cranmer mistaken for Warham his God-father twenty four years before Cranmer ever sat in that See I write not this to accuse him but in part to excuse my self by paralleling mine with as evident a mistake I hope my free confession of my fault with promise of emendation of It and the Appendants thereof in my next Edition will meet with the Reader 's absolution And let the Animadvertor for the present if so pleased make merry and feast himself on my mistake assuring him that he is likely to fast a long time hereafter Dr. Heylyn Our Author proceeds f. 122. The Earl of Arundel as Earl Marshal of England the Duke of Buckingham as Lord high Constable of England for that day went before his Majesty in that great Solemnity In this passage and the next that follows our Author shewes himself as bad an Herald in marshalling a Royal Show as in stating the true time of the creation of a noble Peer Here in this place he placeth the Earl Marshall before the Constable whereas by the Statute 31 H. 8. c. 10. the Constable is to have precedency before the Marshall Nor want there precedents to shew that the Lord High Constable did many times direct his Mandats to the Earl Marshall as one of the Ministers of his Court willing and requiring him to perform such and such services as in the said Precepts were expressed Fuller My Heraldry is right both in Place and Time The Earl of Arundel as Earl Marshall went after the Duke of Buckingham as Lord High Constable though going before him For Barons went in this Royall Procession at the Kings Coronation before Bishops Bishops before Viscounts Viscounts before Earls the meaner before the greater Officers of State Thus the Lord Constable though the last was the first because of all Subjects nearest to the person of the Soveraign It seemeth the dayes were very long when the Animadvertor wrote these causless cavills which being now grown very short I cannot afford so much time in confuting them This his cavilling mindeth me of what he hath mistaken in his Geography For the younger son of an English Earl comming to Geneva desired a Carp for his dinner having read in the Doctor 's Geography that the Lemman Lake had plenty of the Fish and the best and biggest of that kind The people wondred at his desire of such a dainty which that place did not afford but told him That they had Trouts as good and great as any in Europe Indeed learned Gesner doth observe that the Trouts caught in this Lake sent to and sold at Lions are mistaken for Salmons by strangers unacquainted with their proportions It seems the Animadvertor's Pen is so much given to cavilling that he turned Trouts into Carps though none of them so great as this his CARP at me for making the Lord Marshall to go before the Lord Constable at the King's Coronation Dr. Heylyn Our Author proceeds Ibid. That the Kings Train being six yards long of Purple V●lvet was held up by the Lord Compton and the Lord Viscount Dorcester That the Lord Compton was one of them which held up the Kings Train I shall easily grant he being then Master of the Robes and thereby challenging a right to perform this service But that the Lord Viscount Dorcester was the other of them I shall never grant there being no such Viscount at the time of the Coronation I cannot say but that Sir Dudley Carlton might be one of those which held up the Train though I am not sure of it But sure I am that Sir Dudley Carlton was not made Baron of Imber-court till towards the latter end of the following Parliament of Anno 1606. nor created Viscount Dorcester untill some years after Fuller It is a meer mistake of the Printer for Viscount Doncaster son of and now himself the Earl of Carlile whose Father having a great Office in the Wardrobe this place was proper for him to perform All will presume me knowing enough in the Orthography of his Title who was my Patron when I wrote the Book and whom I shall ever whilst I live deservedly honour for his great bounty unto me Dr. Heylyn Our Author proceeds fol. 122. The Lord Arch-bishop did present his Majesty to the Lords and Commons East West North South asking their minds four severall times if they did consent to the Coronation of King Charls their lawfull Soveraign This is a piece of new State-doctrine never known before that the Coronation of the King and consequently his Succession to the Crown of England should depend on the consent of the Lords and Commons who were then assembled the Coronation not proceeding as he after telleth us till their consent was given four times by Acclamations Fuller I exactly follow the Language of my worthy Intelligencer a Doctor of Divinity still alive rich in Learning and Piety present on the place and an exact observer of all passages and see no reason to depart to depart from it I am so far from making the Coronation of the Soveraign depend on the consent of his Subjects that I make not the Kingly power depend on his Coronation who before it and without it is lawfull and effectuall King to all purposes and intents This was not a consent like that of the Bride to the Bride-groom the want whereof doth null the Marriage but a meer ceremoniall one in majorem Pompam which did not make but manifest not constitute but
in our Author's History though the greatest falshood Tam facilis in mendaciis fides ut quicquid famae liceat fingere illi esset libenter audire in my Author's language But for the last he brings some proof he would have us think so at the least that is to say the words of one Bayly a Scot whom it concern'd to make him as odious as he could the better to comply with a Pamphlet called The intentions of the Army in which it was declared That the Scots entred England with a purpose to remove the Arch-bishop from the King and execute their vengeance on him What hand Dr. Couzens had in assisting of the work I am not able to say But sure I am that there was nothing was done in it by the Bishops of England but with the counsel and co-operation of their brethren in the Church of Scotland viz. the Arch-bishop of St. Andrews the Arch-bishop of Glasco the Bishops of Murray Ross Brechin and Dunblane as appears by the Book entituled Hidden works of darkness c. fol. 150 153 154 c. And this our Author must needs know but that he hath a mind to quarrell the Arch-bishop upon every turn as appears plainly 1. By his Narrative of the Designe in King Iames his time from the first undertaking of it by the Arch-bishop of St. Andrewes and the Bishop of Galloway then being whose Book corrected by that King with some additions expunctions and accommodations was sent back to Scotland 2. By that unsatisfiedness which he seems to have when the project was resum'd by King Charls Whether the Book by him sent into Scotland were the same which had passed the hands of King Iames or not which he expresseth in these words viz. In the Reigne of King Charls the project was resumed but whether the same Book or no God knoweth fol. 160. If so if God onely know whether it were the same or no how dares he tell us that it was not And if it was the same as it may be for ought he knoweth with what conscience can he charge the making of it upon Bishop Laud Besides as afterward he telleth us fol. 163 The Church of Scotland claimed not onely to be Independent and free as any Church in Christendom a Sister not a Daughter of England And consequently the Prelates of that Church had more reason to decline the receiving of a Liturgy impos'd on them or commended to them by the Primat of England for fear of acknowledging any subordination to him than to receive the same Liturgy here by Law establisht which they might very safely borrow from their Sister-Church without any such danger But howsoever it was the blame must fall on him who did least deserve it Fuller I will return to my words which gave the Animadvertor the first occasion of this long discourse Generally they excused the King in their writings but charged Arch-bishop Laud. I do not charge the Arch-bishop for compiling the Book but say The Scots did Nor do I say That what they charged on him is true but it is true that they did charge it on him Had I denyed it I had been a liar and seeing I affirmed no more the Animadvertor is a caviller It is observable that when our Chroniclers relate how Queen Anne Bollen was charged for Incontinency Margaret Countess of Salisbury for treasonable compliance with the Pope Henry Earl of Surrey for assuming the Arms of England Edward Duke of Somerset for designing the death of some Privy Counsellors Thomas Duke of Norfolk for aspiring by the match of the Queen of Scots to the English Crown Robert Earl of Essex for dangerous machinations against the person of Queen Elizabeth Thomas Earl of Strafford for endeavouring to subject England and Ireland to the King 's arbitrary Power That the Historians who barely report these Persons thus charged are not bound to make the charge good it is enough if they name their respective accusers as here I have named the Scots It is also observable that some of the Persons aforesaid though condemned and executed have since found such favour or justice rather with unpartiall Posterity that though they could not revive their persons they have restored their memories to their innocence And if the like shall be the hap of this Arch-bishop I shall rejoyce therein I mean if the Animadvertor's defence of him seems so clear as to out-shine the evidence so weighty as to out-poize all allegations which in printed Books are published against him In testimony whereof I return nothing in contradiction to what the Animadvertor hath written and it is questionable whether my desire that he may or distrust that he will not be believed be the greater Whatever the success be I forbear farther rejoynder To fight with a shaddow whether one's own or another's passeth for the proverbiall expression of a vain and useless act But seeing the dead are sometimes tearmed shaddows umbrae to fall foul on them without absolute necessity is an act not onely vain but wicked not onely useless but uncharitable And therefore no more hereof Dr. Heylyn Our Author proceedeth 167. Thus none seeing now foul weather in Scotland could expect it fair Sun-Shine in England In this I am as little of our Author's Opinion as in most things else The Sun in England might have shined with a brighter Beam if the Clouds which had been gathered together and threatned such foule Weather in Scotland had been dispersed and scattered by the Thunder of our English Ordnance The opportunity was well given and well taken also had it not been unhappily lost in the Prosecution Fuller Grant the Thunder of our English Ordnance had scattered the Scottish Cl●uds yet by the confession of the Animadvertor there must first be foul weather in England before there could be such fair weather to follow it The Skyes are alwayes dark and lowring even whilst the Thunder is Engendering therein Military preparations in order to a Conquest of the Scotts must needs give our Nation great troubles and for the time un-Sunshine England which is enough to secure my Expression from just exception Dr. Heylyn The Scots were then weak unprovided of all Necessaries not above three thousand compleat Armes to be found amongst them The English on the other side making a formidable appearance gallantly Horst compleaty Armed and intermingled with the Choisest of the Nobility and Gentry in all the Nation Fuller I am much of the mind of the Animadvertor that there was a visible Disparity betwixt the two Armies and the Ods in the eye of flesh on the side of the English They were Gallantly Horst indeed whether in Reference to their Horses or Riders and the King pleasantly said It would make the Scots fight against them were it but to get their brave Cloaths Indeed the strength of the Scots consisted in their Reputation to be strong reported here by such as Friended them and the Scotch Lyon was not half so fierce as he was
them ¶ 42 c. Sr. Th. DOCKWRAY Lord Prior of St. Joanes B. 6. p. 359. ¶ 4. and p. 361. in the dedication John DOD his birth and breeding b. 11. p. 219. ● 85. his peaceable disposition ¶ 86. improving of piety p. 220. ¶ 87 c. an innocent deceiver ¶ 90. excellent Hebrician ¶ 91. last of the old Puritans ¶ 92. DOGGES meat given to men b. 3. p. 29. ¶ 46 DOMINICAN Friers their first coming over into England b. 6. p. 270. ¶ 15. after their expulsion set up again by Q. Mary p. 357. the learned men of this order who were bred in Cambrid Hist. of Cam. p. 30. De DOMINIS Marcus Antonius see SPALATO John DONNE Dean of St. Pauls prolocutour in the Convocation b. 10. p. 112. ¶ 15. his life excellently written by Mr. Isaack Walton ¶ 16. DOOMES-DAY Book composed by the command of Will the Conquerour b. 3. ¶ 3. DORT Synod b. 10. p. 77. ¶ 63. four English Divines sent thither ibidem King James his Instructions unto them p. 77 78. Oath at their admission into it p. 78. ¶ 66. liberall allowance from the State p. 77. ¶ 77. various censures on the decisions thereof p. 84. ¶ 5 c. The DOVE on King Charles his Sceptre ominously broken off b. 11. ¶ 16. Thomas DOVE Bishop of Peterborough his death b. 11. p. 41. ¶ 17. DOWAY COLL. in Flanders for English fugitives b. 9. p. 85. A Convent there for Benedictine Monks b. 6. p. 365. And another for Franciscan Friers 366. DRUIDES their office and imployment amongst the Pagan Britans C. 1. ¶ 3. The DUTCH Congregation first set up in London b. 7. p. 407. ¶ 33. priviledges allowed them by King Edward the sixth ibidem under Queen Mary depart with much difficulty and danger into Denmark b. 8. p. 8. ¶ 13. DUBLIN University founded by Queen Elizabeth b. 9. p. 211. ¶ 44. the severall benefactours whereof Mr. Luke Chaloner a chief p. 212. no rain by day during the building of the Colledge ibidem The Provosts thereof p. 213. ¶ 47. DUBRITIUS Arch-bishop of Caer-lion a great Champion of the truth against Pelagius C. 6. ¶ 3. A DUCATE worth about four shillings but imprinted eight b. 5. p. 196 ¶ 37. Andrew DUCKET in effect the founder of Queens Colledge in Cambridge Hist. of Cambridge p. 80. ¶ 33. St. DUNSTAN his story at large Cent. 10. ¶ 11. c. his death and burial in Canterbury ¶ 44. as appeared notwithstanding the claim of Glassenbury by discovery ¶ 45 46. DUNWOLPHUS of a swine-heard made Bishop of VVinchester C. 9. ¶ 41. DURHAM the Bishoprick dissolved by King Edward the sixth b. 7. p. 419. ¶ 2. restored by Queen Mary ¶ 3. VVil. DYNET the solemn abjuration injoyned him wherein he promiseth to worship Images b. 4. p. 150. E. EASTER-DAY difference betwixt the British Romish Church in the observation thereof Cent. 7. ¶ 5. the Controversie stated betwixt them ¶ 28. reconciled by Laurentius ¶ 30. the antiquity of this difference ¶ 31. spreads into private families ¶ 89. A counsell called to compose it ¶ 90. setled by Theodorus according to the Romish Rite ¶ 96. EATON COLLEDGE founded by K. Henry the sixth b. 4. EDGAR King of England Cent. 10. ¶ 24. disciplined by Dunstan for viciating a Nun. ¶ 26. The many Canons made by him why in this book omitted ¶ 29. A most Triumphant King ¶ 30. his death ¶ 34. EDMUND King of the East Angles cruelly Martyred by the Danes Cent. 9. ¶ 22. EDWARD the Elder calls a Councell to confirm his Fathers acts Cent. 10. ¶ 5. gives great Priviledges to Cambridge ¶ 6. EDWARD the Martyr Cent. 8. ¶ 34. Barbarously murthered ¶ 42. EDWARD the Confessour his life at large Cent. 11. ¶ 11 c. King EDWARD the first his advantages to the Crown though absent at his Fathers death b. 3. p. 74. ¶ 3. his atchievements against the Turkes ¶ 4. Casteth the Iews out of England p. 87. ¶ 47. chosen arbitratour betwixt Baliol Bruce claiming the Kingdome of Scotland p. 88. ¶ 49. which Kingdome he conquereth for himself ¶ 50. stoutly maintaineth his right against the Pope p. 90. ¶ 2. humbled Rob. Winchelsey Arch-bishop of Cant. ¶ 4 5. the Dialogue betwixt them 6. his death and character p. 92. ¶ 11. his Arme the standard of the English yard ibid. King EDWARD the second his character b. 3. p. 93. ¶ 13. fatally defeated by the Scots ¶ 14. his vitiousnesse p. 100. ¶ 28. accused for betraying his Priviledges to the Pope ¶ 29. his deposing and death p. 103. King EDWARD the third a most valiant and fortunate King both by Sea and Land foundeth Kings Hall in Cambridge Hist. of Camb. p. 39. ¶ 36. his death and Character b. 4. p. 136. ¶ 12. King EDWARD the fourth gaineth the Crown by Conquest b. 4. p. 190. ¶ 46. Beaten afterwards in Battel by the Earle of VVarwick p. 191. ¶ 31. escapeth out of prison flyeth beyond the Seas returneth and recovereth the Crown ¶ 32 33. A Benefactour to Merton Coll. in Oxford b. 3. p. 75. ¶ 7. but Malefactour to Kings Coll. in Cambridge Hist. of Camb. p. 76. ¶ 19. his death b. 4. p. 199. ¶ 42. King EDWARD the fifth barbarously murthered by his Vncle Richard Duke of York b. 4. p. 196. ¶ 5. King EDWARD the sixth his Injunctions b. 7. ¶ 3. observations thereon p. 374. his severall proclamations whereof one inhibiteth all Preachers in England for a time p. 388 389. his TEXT ROYAL and our observations thereon p. 397 398. c. Giveth an account by letter to B. Fitz-Patrick of his progresse p. 412 413. severall letters written by him p. 423 424. his diary p. 425. ¶ 14. qu●ck wit and pious prayer ¶ 17. at his death ibid. EDWIN King of Northumberland and in effect Monarch of England after long preparatory promises Cent. 7. ¶ 39 c. at last converted and baptised ¶ 43. slain by the Pagans in Battel ¶ 60. EGBERT Arch-bishop of York famous in severall respects b. 2. p. 101. ¶ 23. his beastly Canons ¶ 24. EGBERT first fixed Monarch of England Cent. 8. ¶ 41. First giveth the name of England Cent. 9. ¶ 5 6. Is disturbed by the Danes ¶ 7. ELEUTHERIUS Bishop of Rome his Letter to King Lucius Cent. 2. ¶ 6. pretendeth to an an●c●enter date then what is due thereunto ¶ 7. sends two Divines into Britain ¶ 8. ELIE Abbey made the See of a Bishop b. 3. p. 23. ¶ 23. the feasts therein exceed all in England b. 6. p. 299. ¶ 11. Q. ELIZABETH proclaimed b. 8. p. 43. ¶ 56. assumeth the title of supream head of the Church b. 9. p. 152. ¶ 4. defended therein against Papists p. 53. ¶ 5 6. c. Excommunicated by Pope Pius quintus b. 9. p. 93 94. Her farewell to Oxford with a Latine Oration b. 9. p. 223. ¶ 7 8. Her well-come to Cambridge with a Latine Oration Hist. of Cambridge p. 138. her