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justice_n	chief_a	lord_n	plea_n	5,523	5	9.8646	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86280	Certamen epistolare, or, The letter-combate. Managed by Peter Heylyn, D.D. with 1. Mr. Baxter of Kederminster. 2. Dr. Barnard of Grays-Inne. 3. Mr. Hickman of Mag. C. Oxon. And 4. J.H. of the city of Westminster Esq; With 5. An appendix to the same, in answer to some passages in Mr. Fullers late Appeal.	Heylyn, Peter, 1600-1662.; Baxter, Richard, 1615-1691.; Bernard, Nicholas, d. 1661.; Hickman, Henry, d. 1692.; Harrington, James, 1611-1677.	1659 (1659)	Wing H1687; Thomason E1722_1; ESTC R202410	239,292	425

zeal and ignorance A writing is subscribed on the 10th of May by Finch Lord Keeper Manchester Lord Privy Seal Littleton Chief Justice of the Common Pleas Banks Atturney General Witsield and Heath his Majesties Serjeants at the Law in which it was declared expresly that the Convocation being called by the Kings writ ought to continue till it was dissolved by the Kings Writ notwithstanding the dissolution of the Parliament But what makes this unto the purpose Our Author a more learned Lawyer then all these together hath resolved the contrary and throw it out as round as a boul that after the dissolution of the Parliament the Clarks of Diocesses and Cathedrals desisted from being publick persons and lost the notion of Representatives and thereby returned to their private condition The Animadvertor instanced in a convocation held in the time of Queen Eliz. An. 1585. which gave the Queen a Benevolence of two shillings in the pound to be raised on the Estates of all the Clergy by the meer censures of the Church without act of peachment Against which not able to object as to the truth and realty of it in matter of F●ct he seems to make it questionable whecher it would hold good or not in point of Law if any turbulent Clergy-man had proved Recusant in payment and having slighted by the name of a bl●ck ●wan a single instance of an unparliamented inpowred Convocation he imputes the whole success of that ●ash adventure rather unto the popularity of so Peerless a Princess the necessity of her occasions and the tranquillity of the times then to any efficacy or validity in the act it self And to what purpose all this pains but to expose the poor Clergy of the Convocation An. ●640 to the juster censure for following this unquestioned precedent in granting a more liberal benevolence to a gracious soveraign by no other authority then their own 34. If the ●ppealant still remain unsatisfied in this part of the Churches power I shall take a little more p●ins to instruct him in it though possibly I may tell him nothing which he knows not already being as learned in the Canons as in the common Law In which capacity I am sure he cannot chuse but know how ordinary a thing it was with Bishops to suspend their Clergy not onely ab officio but a Beneficio and not so onely but to sentence them if they saw just cause for it to a deprivation Which argues them to have a power over the property of the Clergy in their several Diocesses and such a power as had no ground to stand on but the authority of the Canons which conferred it on them And if our Author should object as perhaps he may that though the Canons in some cases do subject the Clergy not only to suspentions but deprivations of their cures and Benefices ●in which their property is concerned yet that it is not so in the case of the Laity whose Estates are not to be bound by so weak a thred I must then lead him to the Canons of 1603 for his satisfaction In which we find six Canons in a row one after another for providing the Book of Common Prayer the Book of Homilies the Bible of the largest Edition a Font for Baptism a fair Communion Table with a Carpet of Silk or other decent stuff to be laid upon it a Pulpit for Preaching of Gods Word a Chest to receive the alms for the Poor and finally for repairing of the Churches or Chappels whensoever they shall fall into any decay all these provisions and reparations to be made at the charges of the several and respective Parishes according to such rates as are indifferently assest upon them by the Church wardens Sides men and such other Parishioners as commonly convened together in the case which rates if any did refuse to make payment of they were compellable thereunto on a presentment made to the Ordinary by the said Church-wardens and other sworn Officers of the several and respective Parishes And yet those Canons never were confirmed by Act of Parliament as none of the like nature had been formerly in Queen Eliz time though of a continual and uncontroled practise upon all occasions The late Lord Primate in * a Letter more lately published by D. Barnard assures the honourable person unto whom he writ it that the making of any Articles or Canons at all to have ever been confirmed in that Kingdom by Act of Parliament is one of Dr. Heylyns Fancies And now it must be another of the Doctors Fancies to say that never any Articles or Canons had ever been confirmed by Act of Paliament in England though possible they may relate unto the binding of the subject in point of Poperty 35. But our Author hath a help at Maw and making use of his five fingers hath thrust a word into the proposition in debate between us which is not to be sound in the first drawing up of the issue The Question at the first was no more then this whether such Canons as were made by the Clergy in their Convocations and authorized by the King under the broad Seal of England could any further bind the subject then as they were confirmed by Act of Parliament And Secondly Whether such Canons could so bind either at such times as the Clergy acted their own Authority or after their admission to King Hen. the 8. in such things as concerned Temporals or temporal matters otherwise then as they were confirmed by national Customes that is to say as afterwards he expounds himselfe until they were consirmed by Act of Parliament Which points being so clearly stated by the Animadvertor in behalf of the Church that no honest evasion could be found to avoid his Argument the Appealant with his five fingers layes down life at the stake and then cryes out that the Animadvertor arrogates more power unto the Church then is due unto it either by the laws of God or man maintaining but he knows not where that Church men may go beyond Ecclesiastical Censures even to the limbs and lives of such as are Recusants to their Constitutions p. 2. so 53. And having taken up the scent he hunts it over all his Book with great noise and violence assuring us that such Canons were constantly checkt and controlled by the Laws of the Land in which the temporal Estate life and limbs of persons were concerned p. 2. fol. 27. As also that the King and Parliament though they directed not the proceedings of Ecclesiastical Courts in cases of Heresie which is more then his History would allow of yet did they order the power of Bishops over declared Hereticks without the direction of the Statute not to proceed to limb and life p. 2. fol. 45. And finally reduceth the whole Question to these two Propositions viz. 1. The proceedings of the Canon Law in what touched temporals of life limb and estate was alwayes limited with the secular Laws and national Customes of England And

John Popham Lord Chief Justice at the Assizes held at Bury and thereunto I subjoyned these words viz. Good remedies indeed had they been soon enough applied yet not so good as those which formerly were applied to Thacker and his fellow Copping in the aforesaid Town of Bury for publishing the Books of Brown against the Service of the Church But here is no mention not a syllable of burning the said Books of Sabbath-Doctrines but only of suppressing and calling in Which makes me apt enough to think that you intended that for a private nip relating to a Book of mine called Respondit Petrus which was publiquely voyced abroad to have been publiquely burnt in London as indeed the burning of it was severely prosecuted though itscaped the fire a full account whereof being too long to be inserted in this place I may perhaps present you with in a place by it self And secondly what find you in that latter passage which argueth me to be guilty of such bloody desires as I stand accused for in your Letter Cannot a man report the passages of former times and by comparing two remedies for the same disease prefer the one before the other as the case then stood when the spirit of sedition moved in all parts of the Realm but he must be accused of such bloody desires for makeing that comparison in a time of quietness in a time of such a general calm that there was no fear of any such tempest in the State as did after follow If this can prove me guilty of such bloody desires the best is that I stand not single but have a second to stand by me of your own perswasion for in the same page where you find that passage viz. page 254. you cannot chuse but find the story of a Sermon Preached in my hearing at Sergeants Inn in Fleetstreet in which the Preacher broach'd this Doctrine That temporal death was at this day to be inflicted by the Law of God on the Sabbath breaker on him who on the Lord's day did the works of his daily calling with a grave application to my Masters of the Law that if they did their ordinary works on the Sabbath day in taking fees and giving counsel they should consider what they did deserve by the Law of God The man that Preached this was Father Foxly Lecturer of S. Martins in the Fields Superintendent general of the Lecturers in S. Antholin's Church and Legate à Latere from the Grandees residing at London to their friends and agents in the Countrey who having brought these learned Lawyers to the top of the Ladder thought it a high piece of mercy not to turn them off but there to leave them either to look after a Reprieve or sue out their Pardon This Doctrine you approve in him for you have passed it quietly over qui tacet consentire videtur as the saying is without taking any notice of it or exceptions against it and consequently may be thought to allow all those bloody uses also which either a blind superstition or a fiery zeal shall think fit to raise But on the other side you find such bloody desires in the passages before remembred which cannot possibly be found in them but by such a gloss as must pervert my meaning and corrupt my text and it is Male dicta glossa quâ corrumpit textum as the old Civilians have informed us 20. But to come nearer to your self May we be sure that no such bloody desires may be found in you as to the taking away of life in whom we find such merciless resolutions as to the taking away of the livelyhood of your Christian Brethren The life of man consists not only in the union of the soul and body but in the enjoyment of those comforts which make life valued for a blessing for Vita non est vivere sed valere as they use to say there is as well a civil as a natural death as when a man is said to be dead in law dead to the world dead to all hopes of bettering his condition for the time to come and though it be a most divine truth that the life is more then food and the body then rayment yet when a man is plundered both of food and cloathing and declared void of all capacities of acquiring more will not the sence of hunger and the shame of nakedness be far more irksome to him then a thousand deaths How far the chiefs of your party have been guilty of these civil slaughters appears by the sequestring of some thousands of the Conformable and Established Clergy from their means and maintainance without form of Law who if they had done any thing against the Canons of the Church or the Laws of the Land were to be judged according to those Laws and Canons against which they had so much transgressed but suffering as they did without Law or against the Law or by a Law made after the fact a●ainst which last his Highness the late LORD PROTECTOR complaineth in his Speech made in the year 1654. they may be truly said to have suffered as Innocents and to be made Confessors and Martyrs against their wills Either they must be guilty or not guilty of the crimes objected If they were guilty and found so by the Grand Inquest why were they not convicted and deprived in due form of Law If not why were they suspended sine die the profits of their Churches sequestered from them and a Vote passed for rendring them uncapable of being restored again to their former Benefices Of this if you do not know the reason give me leave to tell you The Presbyterians out of Holland the Independents from New England the beggerly Scots and many Tr●n ch●r-Chaplains amongst our selves were drawn together like so many Vultures to seek after a prey for gratifying of whom the regular and established Clergy must be turned out of their Benefices that every Bird of r pine might have its nest some of them two or three for failing which holding by no other Tenure then as Tenants at will they were necessitated to performe such services as their great Patrons from time to time required of them 21. Now for your part how far you are and have been guilty of these civil slaughters appears abundantly in the Preface which is now before us in which you do not only justifie the sequestring of so many of the regular and established Clergy to the undoing of themselves and their several families but openly profess That you take it to be one of the charitablest works you can do to help to cast out a bad Minister and to get a better in the place so that you prefer it as a work of mercy before much sacrifice Which that it may be done with the better colour you must first murther them in their fame then destroy them in their fortunes reproaching them with the Atributes of utterly insufficient ungodly unfaithful scandalous or that do more harm then good

betwixt him and King Hen. the 6. nor in any one of his many Children though Edmund his third Sonne was made Earl of Rutland which Title had been formerly conferred on Edward Duke of York in his Fathers life time And though I give no credit to Ralph Brook whom I have found to be as full of Errors as our Author himself yet the Authority of Augustine Vincent shall prevail for the present and so let it go But then our Author might have found in the Animadversions that admitting Richard Duke of Yorke to be Earl of Cambridge he must have been the seventh not the eighth Earl of it as he saith he was and then that Errors lies before our Authors Doors as before it did And then again whereas our Authors tells us p. 2. fol. 49. that it is questionable whether his Father that is to say Richard of Conningburg Earl of Cambridge were Duke of York I must needs look upon it as a thing unquestionable and so must all men else which are skilled in Heraldry that Richard being executed at Southampton by King H●n the 5. before Edward Duke of York his elder Brother had been slain at the Battel of Agen-Court 25. But whereas our Author thinks it not onely difficult but impossible to defend a Title of the House of Lancaster to the Crown of England except I can challenge ●the priviledge of the Patriarch Jacob by crossing my hands to prefer the younger child in the succession before the Elder p. 2. fol. 43. admitting Richard the Second to resign the Crown or dying without children by course of nature For I behold Hen. of Bullingbrook Duke of Lancaster as Cousin German to that King and consequently his nearest Kinsman at that time wherein Edmund Mortimer Earl of March in whom remained the Rights of the House of Clarence was but Grandchild to the Lady Philip Daughter and sole Heir of Lionel Duke of Clarence and consequently more remote by two degrees from King Richard the Second then the other was By which proximity of blood as Edward the Third laid claim to the Crown of France and Philip the Second carried the Crown of Portugal and Robert Bruce the Crown of Scotland against the Balions so I am confident of some ability to prove that Henry of Bullingbrook Duke of Lancaster had a better Title to this Crown then the house of Mortimer For thoughby the common Law of England he may find it otherwise yet there are many things in the common Law which cannot extend to the succession of the Kings of England as in the case of Aliens which was that of King James or in the case of Parseners as in that of the two Daughters of King Hen. the 8. or in that of the half blood in the case of the sisters of King Edw. the 6. and finally in that of the tenure by curtesie in the case of King Philip the 2d of Spain admitting that Queen Mary had been Mother of a living Child And now I am fallen on these matters of Heraldy I will make bold to take in a Remembrance of the House of the Mountagues descended in the Principal branches of it from a Daughter of King Edw. the Third concerning which our Author tells us that I have made up such a heap of Errors as is not to be paralelled in any Author which pretends to the emendation of another p. 2. fol. 37. How so because forsooth I have made Sir Edward Mountague the Grand-child of the Lord chief Justice and the first Lord Mountague of Broughton not to have been the elder Brother of Henry Earl of Manchester and James Bishop of Winton but their Brothers Son But first this Error was corrected in a Postscript to the Examen Historicum before he could accuse me of it and consequently he doth but Actum agere and fit a Plaister for that sore which had before been cured by a better Chyrurgion Secondly This can be at the most but a single Error in case it had not been retracted and therefore no such heap of Errors as is not to he paralelled in any other And Thirdly It appears by another passage in this present Appeal p. 2. fol. 96. that he had seen the Postscript to the said Examen which rendereth him the more inexcusable by raising such an out-cry on no occasion In which passage he taxeth me with sallery in my third endeavour touching the late Barons of that House in making the said Sir Edward Mountague to be Lord Mountague of Broughton in Northamptonshire which acknowledged for one of his Mannors but not his Barronie For I knew well that Broughton and not Broughton gave the nomination to this branch of that Family having never heard before of any Estate they had in Broughton And therefore I must needs charge this Error which he so triumpheth at as one of the Errata's which were made at the Press though not observed when the sheets were read over to me and so not Printed with the rest Less candidly deals he with me in another place about the mistaking of a number that is to say 1555. for 1585. p. 1. fol. 41. The Errors being meerly pretal as is own phrase is And this he could not chuse but see though he can winck sometimes when it makes best for his meeting of that precedent once again on a more particular occasion then was given at the present where the time thereof is truly stated and where he spends some few lines in relation to it so that the motion was direct not Retrograde but that he had a mind to pull me a little back seeing how much I had got the start of him in the present race And as for the Error in the Errata I know not how it came but a friend of mine in reading over the first sheets as they came from the Press had put a Quere in the Margin whether Melkinus or Felkinus and that afterwards by the ignorance or incogitancy of my Amanuensis it might be put in amongst the rest of the Errata which is all that I am able to say as to that particular 26. Our Author had affirmed that St. Davids had been a Christian some hundred years whilst Canterbury was yet Pagan The contrary whereof being proved by the Animedvertor he flyes to Caerleon upon Vsk p. 2. fol. 29. by which instead of mending the matter he hath made it worse Mistaking wilfully the point in difference between us For if the Reader mark it well the question is not whether St. Davids or Canterbury were the Ancienter Archi-Espiscopal See or how many hundred years the one was elder then the other but for how long time Canterbury had continued Pagan when the other was Christian which he acknowledgeth to be no more then 140 years as was before observed by the Animadvertor And though Caerleon upon Vske had been an Archi-Episcopal See some hundreds of years before that honour was conferred on the City of Canterbury yet Canterbury might be be Christian as soon as