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A43531 Examen historicum, or, A discovery and examination of the mistakes, falsities and defects in some modern histories occasioned by the partiality and inadvertencies of their severall authours / by Peter Heylin ... Heylyn, Peter, 1600-1662. 1659 (1659) Wing H1706; ESTC R4195 346,443 588

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place for a Summers progress It is Nantes in Bretaigne which he means though I am so charitable as to think this to be a mistake rather of the Printer than our Authors own With the like charity also I behold three other mistakes viz. the Emperor of Vienna fol. 137. and the Archdutchesse of Eugenia fol. 139. Balfoure Caselie for Bolsovey Castle fol 192. By which the unknowing Reader may conceive if not otherwise satisfied that Balfour Castle was the antient seat of the Balfours from whence Sr. William Balfour Lieutenant of the Tower that false and treacherous Servant to a bountifull Master derives his pedigree Eugenia which was a part of that Ladies Christian name to be the name of some Province and Vienna the usual place of the Emperors residence to be the name of an Empire But for his last I could alledg somewhat in his excuse it being no unusual thing for Principalities and Kingdomes to take Denomination from their principal Cities For besides the Kings of Mets Orleans and Soissons in France we finde that in the Constitutions of Howel Dha the Kings of England are called Kings of London the Kings of South-Wales Kings of Dyneuor and the King of North-Wales Kings of Aberfraw each of them from the ordinary place of their habitation For which defence if our Author will not thank me he must thank himselfe The mention of Nantes conducts me on to Count Shally's Treason against the French King who was beheaded in that City of which thus our Author Fol. 63. The Count upon Summons before the Privy Councel without more adoe was condemned and forthwith beheaded at Nantes the Duke Momerancy then under Restraint suffered some time after But by his leave the Duke of Monmorency neither suffered on the account of Shalley's Treason nor very soon after his beheading which was in the year 1626. as our Author placeth it For being afterwards enlarged and joyning with Mounsier the Kings Brother in some designe against the King or the Cardinal rather he was defeated and took prisoner by Martial Schomberg created afterwards Duke of Halwyn and being delivered over to the Ministers of Justice was condemned and beheaded at Tholouse Anno 1633. Ibid. Our Wine-Merchants ships were arrested at Blay-Castle upon the Geroud returning down the River from Burdeaux Town by order of the Parliament of Rouen That this Arrest was 〈◊〉 by Order of the Parliament of Rouen I shall hardly grant the jurisdiction of that Parliament being confined within the Dukedome of Normandy as that of Renes within the Dukedome of Bretaigne neither of which nor of any other of the inferior Parliaments are able to doe any thing Extra Sphaeram Activitatis suae beyond their several Bounds and Limits And therefore this Arrest must either be made by Order from the Parliament of Burdeaux the Town and Castle of Blay being within the jurisdiction of that Court or of the Parliament of Paris which being Paramount to the rest may and doth many times extend its power and execute its precepts over all the others Fol. 92. At his death the Court was suddenly filled with Bishops knowing by removes preferments would follow to many expected advancements by it Our Author speaks this of the death of Bishop Andrews and of the great resort of Bishops to the Court which ensued thereupon making them to tarry there on the expectation of Preferment and Removes as his death occasioned till they were sent home by the Court Bishops with the Kings Instructions But in this our Author is mistaken as in other things The Bishops were not sent home with the Kings Instructions till after Christmas Anno 1629. and Bishop Andrews dyed in the latter end of the year 1626. after whose death Dr. Neil then Bishop of Durham being translated to the Sea of Winchester Febr. 7. 1627. Dr. Houson Bishop of Oxon succeeded him in the Sea of Durham in the beginning of the year 1628. Doctor Corbet Dean of Christ-church being consecrated Bishop of Oxon the 17 day of October of the same year so that between the filling up of these Removes and the sending the Bishops home with the Kings Instructions there happened about 15 Moneths so that the great resort of Bishops about the Court Anno 1627. when they were sent back with the Kings Instructions was not occasioned by the expectation of such Preferments and Removes as they might hope for on the death of Bishop 〈◊〉 Fol. 105. In Michaelmas Term the Lady Purbeck daughter and heir to the Lady Hatton by her former Husband and Wife to the Viscount Purbeck Brother to the Duke passed the tryall for adultery c. Our Author is here out again in his Heraldry the Lady Purbeck not being Daughter to the Lady Hatton by her former Husband but by her second Husband Sr. Edward Coke then Attorny Generall and afterwards successively Chief Justice of either Bench. Yet I deny not but that she was an Heir and a rich marriage as it after followeth For being Daughter to Thomas Cecil Earl of Exeter she was married by the care and providence of her Grandfather the Lord Burleigh to Sr. William Newport who being the adopted sonne of the Lord Chancellor Hatton succeeded in his name as well as in his Lands In ordering of which marriage it was agreed on that the vast Debt which the Chancellor owed unto the Crown should be estalled to small Annual payments and that in lieu thereof Sr. William in defect of issue should settle on his wife and her Heires by any Husband whatsoever the Isle of Purbeck and some other of the out parts of his Estate By means whereof her Daughter Frances which she had by Sr. Edward Coke was heir to Corse Castle in the Isle of Purbeck and so much of the rest of the Lands of Hatton as the mother being a woman of great expence did not sell or aliene Fol. 106. The King for all his former Arrears of loan was put to it to borrow more of the Common Councel of London 120000. l. upon Mortgage on his own land of 21000. l. per an And here I think our Author is Mistaken also the Citizens not lending their money upon Mortgage but laying it out in the way of purchase Certain I am that many goodly Mannors lying at the foot of Ponfract-Castle and appertaining to the Crown in right of the Duchy of Lancaster were sold out-right unto the Citizens at this time and therefore I conclude the like also of all the rest But whether it were so or not I cannot chuse but note the sordid basenesse of that City in refusing to supply their King in his great Necessities without Sale or Mortgage especially when the mony was to have been expended in defence of the Rochellers whose cause they seemed so much to favour But for this and other refusals of this nature the Divine vengeance overtook them within few years after the long Parliament draining them of a Million of pounds and more without satisfaction for every
Prerogative and Authority to all Emperors Kings Princes and Potentates and all other we have conceiv'd such opinion and have such estimation of your Majesties goodness and vertue that whatsoever any persons not so well learned as your Grace is would pretend unto the same whereby we your most humble Subjects may be brought in your Graces displeasure and indignation surmising that we should by usupation and presumption extend our Laws to your most noble Person Prerogative and Realm yet the same your Highness being so highly learn'd will of your own most bounteous goodness facilly discharge and deliver us from that envy when it shall appear that the said Laws are made by us or our Predecessors conformable and maintenable by the Scripture of God and determination of the Church against which no Laws can stand or take effect Somewhat to this purpose had been before endevoured by the Commons in the last Parliament of King Edw. 3. of which because they got nothing by it but only the shewing of their teeth without hurting any body I shall say nothing in this place reserving it to the time of the long Parliament in the Reign of King Charles when this point was more hotly followed and more powerfully prosecuted than ever formerly What says our Author unto this Findes he here any such matter as that the Laity at their pleasure could li●●● the Canons of the Church Or that such Canons in whatsoever t●uched temporals were subject unto secular Laws and National Customs And hereof I desire the Reader to take special notice as that which is to serve for a Catholicon of general Antido●e against those many venomous insi●nations which he shall meet with up and down in the course of this History As for the case in which our Author grounds this pestilent Position it was the Canon made in a Synod at Westminster in the time of Anselm Anno 1102. prohibiting the sale of men and women like brute beasts in the open Market Which Canon not finding presently an universal obedience over all the Kingdom as certainly ill customs are not easily left when they are countenanced by profit occasioned our Author to adventure upon this bold assertion Fol. 24. Indeed St. Davids had been Christian some hundred of years whilest Canterbury was yet Pagan ● Not many hundred years I am sure of that nor yet so many as to make a plural number by the Latin Grammar Kent being conquered by the Saxons who brought in Pae●●nism Anno 455. Converted unto Christianity by the preaching of Austin An. 569. Not much more then 140 years betwixt the one and the other Fol. 29. To whose honor he viz. King Stephen erected St. Stephens Chappel in Westminster neer the place whero lately the Court of Requests was kept Our Author is here 〈…〉 and will not parler le tout as the French men say For otherwise he might have told us that this Chappel is still standing and since the ●●endry of it to King Edward the sixth ha●● been 〈◊〉 for a Parliament House impl●yed to that purpose by the Common as 〈…〉 be thus reserved I can hardly tell unless it be to prevent such inferences and observations which by some wanton wits might be made upon it Fol. 40. By the same title from his Father Jeffery Plantagenet he possessed fair lands in Anjou and Maine I had thought he had possessed somewhat more in Anjou and Maine then some fair Lands only his Father Ieffery Plantagenet being the Proprietary Earl of Anjou Maine and Toureine not a●itular only succeeded in the same by this King Henry and his two sons Richard and Iohn till lost unhappily by the last with the rest of our Estates on that side of the Sea From this Ieffery descended fourteen Kings of the name of Plantagenet the name not yet extinguished though it be impoverished our Author speaking of one of them who was found not long since at the Plow Lib. 2. p. 170. Another of that name publishing a Book about the Plantation of new Albion An. 1646. or not long before Fol. 53. King John sent a base degenerous and unchristian Embassage to Admiralius Murmelius a Mahometan King of Morocco then very puissant and possessing a great part of Spain This Admiralius Murmelius as our Author and the old Monks call him was by his own name called Mahomet Enaser the Miramomoline of Morocco to whom if King Iohn sent any such Message it was as base unchristian and degenerate as our Author makes it But being the credit of the ●ale depends upon the credit of the Monkish Authors to which b●ood of men that King was known to be a professed Enemy ●ha●ing and hated by one another● it is not to be esteemed so highly as a piece of Apocrypha and much less to be held for Gospel Possible it is that being overlaid by his own subjects and distressed by the 〈◊〉 he might send unto that King for aid in his great extremities And doing this 〈◊〉 this were a●● he did no 〈…〉 and in ignation and 〈…〉 so much as was done afterwards upon far weaker grounds by King Francis the first employing the Turks Forces both by Sea and Land against Charles the fifth But the Monks coming to the knowledge of this secret practise and const●●ing his actions to the worst improv'd the Molehil to a Mountain rendring him thereby as odious to posterity as he was to themselves Fol. 63. I question whether the Bishop of Rochester whose Countrey house at Brumly is so nigh had ever a House in the City There is no question but he had St●w finding it in Southwark by the name of Rochester 〈◊〉 adioyning on the South side to the Bishop of Winchesters minons and out of ●eparation in his time as possibly not much frequented since the building of Bromly House and since converted into Tonements for private persons But since our Author hath desired others to recover the rest from oblivion I shall help him to the knowledge of two more and shall thank any man to finde out the third The first of these two is the Bishop of Lincolns House situate neer the old Temple in Holborn first built by Robert de Chesney Bishop of Lincoln Anno 1147. Since alien'd from that See to the Earls of Southampton and passing by the name of Southampton House The second is the Bishop of Bangors a fair House situate in Shoo-lane neer St. Andrews Church of late time Leased out by the Bishops and not long since the dwelling of Dr Smith Doctor in Physick a right honest and ingenuous person and my very good Friend Of all the old Bishops which were founded before King Harry the eight there is none whose House we have not found but the Bishop of A●aph to the finding whereof if our Author or any other will hold forth the Candle I shall follow the 〈◊〉 the best I can and be thankful for it Fol. 67. And though some high Royalists look on it as the product of subjects 〈◊〉 themselves
Design 'T is 〈◊〉 the stomack of the Scots were sharp set still crying Give give but never satisfied King Iames as boun●●ful and open handed towards them as they could desire But neithe● were they to impudent as to crave nor the King to impotent as to give a whole Bishop●ick 〈◊〉 on●e especially so rich a Bishoprick as this of Durham But the truth is that George Hume Earl of Dunbar Lord Treasurer of Scotland and highly favour'd by the King having procur'd a grant of all the batable grounds as they then called them upon the Borders of both Kingdoms began to cast his eye upon Norham-Castle and the Lands about it belonging to the See of Durham conceiving it a fit place to command the rest But being a well principled man and a great Minister of that Kings in restoring the Episcopal Government to the Church of Scotland he acquainted Bishop Bancroft with his desires who knowing what great use might be made of him for the good of this Church and being sure enough of the consent of Dr. Matthews then Bishop of Durham he thus ordered the business Whereas the Revenue of Norham-Castle and the lands adjoyning were valued at one hundred twenty pounds per annum in the Bishops Rental it was agreed that the Earl should procure of the King an abatement of sixscore pounds yearly out of the annual pension of a thousand pound which had been said upon that Bishoprick by Queen Elizabeth as before is said Secondly that he should obtain from the King for the said Dr. Matthews and his Successors a restitution of his House in the Strand called Durham-House with the Gardens Stables and Tenements thereto appertaining which had been alienated from that Bishoprick ever since the dissolving of it by King Edward the sixth Thirdly that in consideration hereof Bishop Matthews should make a grant of Norham-Castle and the Countrey adjoyning in Feefarm to the King by him immediately to be convey'd to the Earl of Dunbar And fourthly that his own 〈◊〉 being thus serv'd the said Earl should joyn with Bishop Bancroft and his friends for obtaining from the King an Act of Parliament whereby both he and his successors should be made uncapable of any the like Grants and Alienations for the time to come which as it was the 〈◊〉 Marke● that ever Toby Matthews was at so was it the best bargain which was ever driven for the Church of England so ●ar from swallowing up that Bishoprick that it was the only means to save that and preserve the rest And yet perhaps the credible information which our Author speaks of might not relate unto the Bis●oprick but the Dea●ry of Durham bestowed by that King being then not well studied in the Composition of the Church of England on Sir Adam Newton a Courtier prevalent enough as having been Tutor to Prince Henry the Kings eldest Son And possible it is that the Scots might have kept it in their hands from one generation to another if Dr. Hunt not otherwise to be remembred had not bought him out of it and put himself into the place Fol. 59. And as about this time some perchance overvalu●d the Geneva Notes out of that especial love they bare to the Authors and place whence it proceeded so on the other side some without cause did slight or rather without charity did slander the same ● I trow our Author will not take upon him to condemn all those who approve not of the Genevian Notes upon the Bible or to appear an Advocate for them though he tells us not many lines before that they were printed thirty times over with the general liking of the people I hope he will not do the first for King Iames his sake who in the Conference at Hampton-Court did first declare that of all the Translations of the Bible into the English Tongue that of Geneva was the worst and secondly that the Notes upon it were partial untrue seditious and savouring too much of dangerous and traiterous conceits For p●oof whereof his Majesty instanced in two places the one on Exod. 1. vers 19. where disobedience to Kings is allowed of the other in ● Chron. 8. 15 16. where Asa is taxed for deposing his Moth●r only and not killing her A Note whe●eof the Scottish Presbyterians made special use not only deposing Mary their lawful Queen from the Regal Th●one but prosecuting ●er openly and under hand till they had took away her life These instances our Author in his Summary of that Conference hath passed over in silence as loath to have such blemishes appear in the Genevians or their Annotations And I hope also that he will not advocate for the rest For let him tell me what he thinks of that on the second of St. Matthews Gospel v. 12. viz Promise ought not to be kept where Gods honour and preaching of his truth is hindered or else it ought not to be broken What a wide gap think we doth this open to the breach of all Promises Oaths Covenants Contracts and Agreements not only betwixt man and man but between Kings and their Subjects Wh●t Rebel ever took up Arms without some pretences of that nature What Tumults and Rebellions have been rais'd in all parts of Christendom in England Scotland Ireland France the Netherlands Germany and indeed where not under colour that Gods honour and the preaching of the truth is hindered If this once pass for good sound Doctrine neither the King nor any of his good Subjects in what Realm ●oever can live in safety Gods Honour and the preaching 〈◊〉 his Truth are two such pretences as will make void all Laws elude all Oathes and thrust our all Covenants and Agreements be they what they will Ne●● I would have our Author tell me what he thinks of this Note on the ninth of the Revelation ver 3. where the 〈◊〉 which came out of the smoak are said to be 〈◊〉 teachers Hereticks and worldly subtil ●relates with 〈◊〉 F●iers Cardinals Patriarchs Archbishops Bishops 〈◊〉 Batchelors and Masters Does not this note 〈◊〉 fasten the name of Locusts on all the Cle●●y of 〈◊〉 Realm that is to say Archbishops Bishops and all 〈◊〉 as are graduated in the University by the name of Doctors Batchelors and Masters And doth it not as plainly yoak them with F●iers Monk● and Cardinals p●incipal instruments in all times to advance the Popecom I know the words which follow after are alleadged by some to take off the envy of this Note viz. who forsake Christ to maintain false doctrines But the enumeration of so many particulars makes not the Note the lets invidious the said explication notwithstanding because the Note had been as perfect and significant had it gone thus in generals only that is to say by Locusts here are meant false Teachers Hereticks and other worldly subtil men that seduced the people perswading them to fo●sake Christ to maintain false Doctrine But the Genevians who account Archbishops and Bishops to be limbs of the Pope
procured that order to be suppressed and by subornation and menacing of tampe●ing with Witnesses at length in May 10. Car. procured the childe to be fathered upon one Boon and Prideon acquit Which le●d practises for the supportation of his Favorites credit cost the Bishop as he confest to Sir Iohn Munson and others twelve hundred pounds so much directly and by consequence much more But to proceed the cause being brought unto a censure Fol. 157. Secretary Windebank motioned to degrade him which saith he was lustily pronounced by a Knight and a Lay-man having no precedent for the same in former ages But first it is not very certain that any such thing was moved by Sir Francis Windebank A manuscript of that dayes proceedings I have often seen containing the Decree and Sentence with the substance of every Speech then made and amongst others that of Sir Francis Windebank in which I finde no motion tending to a Degradation nor any other punishment inflicted on him then Fine Suspension and Inprisonment in which the residue of the Lords concurred as we finde in our Author Secondly it had been more strange if the Knight had not been a Lay-man the Church of England not acknowledging any Order of Spiritual Knighthood Knights in Divinity are greater strangers in this Land then Lay-Divines these last being multiplied of late even ad infinitum the first never heard of And thirdly had it been so mov'd and so lustily mov'd as our Author makes it the Knight and Lay-man might have found a precedent for it in the former ages Which last clause is to be understood as I suppose with refe●ence to the times since the Reformation For in the former times many precedents of like nature might be easily found And being understood of the times since the Reformation it is not so infallibly true but that one precedent of it at the least may be found amongst us Marmaduke Middleton advanced to the Bishoprick of St. Davids Anno 1567. after he had sat in that See three and twenty years was finally condemned for many notable misdemeanors not only to be deprived of his Bishoprick but degraded from all holy Orders Which sentence was accordingly executed by and before the High Commissioners at Lambeth house not only by reading it in Scriptis but by a formal devesting of him of his Episcopal Robes and Priestly vestments as I have heard from a person of good credit who was present at it And somewhat there is further in the story of this Marmaduke Middleton which concerns the Bishop now before us Of whom our Author telleth us further that being prest by two Bishops and three Doctors to answer upon Oath to certain Articles which were tendred to him in the Tower he utterly refused to do it claiming the priviledge of a Peer fol. 159. Which Plea was also made by the said Bishop of St. Davids offering to give in his Answer to such Articles as were fram'd against him on his Honour only but refusing to do it on his Oath Which case being brought before the Lords then sitting in Parliament was ruled against him it being ordered that he should answer upon Oath as in fine he did To this Bishop let us joyne his Chaplain Mr. Osbolstone who being engag'd in the same Bark with his Patron suffered shiprack also though not at the same time nor on the same occasion Censured in Star-Chamber not only to lose his Ecclesiastical Promotions but to corporal punishments Fol. 166. But this last pers●nal penalty he escaped by going beyond Canterbury conceived s●asonably gone beyond the Seas whilst he secretly concealed himself in London And he had scapt the last penalty had he staid at home For though Mr. Osbolston at that time conceived the Archbishop to be his greatest enemy yet the Archbishop was resolved to shew himself his greatest friend assuring the Author of these Papers before any thing was known of Mr. Osbolstons supposed flight that he would cast himself at the Kings ●eet for obtaining a discharge of that corporal punishment unto which he was sentenced Which may obtain the greater credit First in regard that no course was taken to stop his flight no search made after him nor any thing done in Order to his apprehension And secondly by Mr. Osbolstons readiness to do the Archbishop all good Offices in the time of his troubles upon the knowledge which was given him at his coming back of such good Intentions But of these private men enough passe we now to the publick Lib. XI Part. II. Containing the last 12. years of the Reign of King Charles ANd now we come to the last and most unfortunate part of this Kings Reign which ended in the loss of his own life the Ruine of the Church and the Alteration of the Civil Government Occa●●oned primarily as my Author saith by sending a new Liturgie to the Kirk of Scotland for he thus proceeds Fol. 160. Miseries caused from the sending of the Book of Service or new Liturgie thither which may sadly be termed a Rubrick indeed died with the bloud of so many of both Nations slain on that occasion Our A●thor speaks this in relation to the Scottish tumults Anno 1637. In telling of which story he runs as commonly elsewhere into many Errors For first those miseries and that bloud-shed was not caused by sending the Liturgy thither the Plot had been laid long before upon other grounds that is to say questioning of some Church Lands then in the hands of some great Persons of which they feared a Revocation to the Crown And secondly the Manu-mitting of some poor subjects from the Tyranny and Vassalage which they liv'd under in respect of their Tithes exacted with all c●●elty and in●u●tice by those whom they call the 〈…〉 for raising of a tumult first a Rebellion afterwards and this occasion they conceiv'd they had happily gain'd by sending the new Liturgy thither though ordered by their own Clergy first as our Author tells us at the Assembly of Aberdeen Anno 1616. and after at Perth Anno 1618. and fashioned for the most part by their own Bishops also But of this there hath so much been said between the Observator and his Antagonist that there is nothing necessary to be added to it Secondly there was no such matter as the passing of an Act of Revocation for the restoring of such Lands as had been aliened from the Crown in the Minority of the King Predec●ssors Of which he tells us fol. 192. The King indeed did once intend the passing of such an Act but finding what an insurrection was likely to ensue upon it he followed the safer counsel of Sir Archibald Acheson by whom he was advis'd to sue them in his Courts of Justice Which course succeeding to his wish so ter●ified many of those great Persons who had little else but such Lands to maintain their Dignities that they never thought themselves secure as long as the King was in a condition to demand his
false But I must needs say that there was small ingen●ity in acknowledging a mistake in that wherein they 〈◊〉 not been mistaken or by endeavouring to avoid a reputed Rock to run themselves on a certain Rock even the Rock of scandal For that the English Bishops had their vote in Parliament as a third 〈◊〉 and not in the capacity of temporal Barons will evidently appear by these reasons following For first the Clegy in all other Christian Kingdoms of the●e No●thwest p●rts make the third Estate that is to say in the German Empire as appears by Thuanus the Historian lib. 2. In France as is affirmed by Paulus Aemilius lib. 9. in Spain as testifieth Bodinus in his De Bepub lib. 3. Fo● which consult also the General History of Spain as in point of practice lib. 9 10 11 14. In H●ng●ry as witnesseth Bonfinius Dec. 2. l. 1. In 〈…〉 by Thuanus also lib. 56. In Denmark● as 〈◊〉 telleth us in Historia 〈…〉 observing antiently the same form and order of Government as was us'd by the Danes The like we finde in Camden for the Realm of Scotland in which antiently the Lords Spiritual viz. Bishops Abbots Priors made the third Estate And certainly it were very strange if the Bishops and other Prelates in the Realm of England being a great and powerful body should move in a lower Sphere in England then they doe elsewhere But secondly not to stand only upon probable inferences we finde first in the History of Titus Livius touching the Reign and Acts of King Henry the fifth that when his Funerals were ended the three Estates of the Realm of England did assemble together and declared his Son King Henry the sixth being an Infant of eight moneths old to be their Soveraign Lord as his Heir and Successor And if the Lords Spiritual did not then make the third Estate I would know who did Secondly the Petition tendred to Richard Duke of Glocester to accept the Crown occurring in the Parliament Rolls runs in the name of the three Estates of the Realm that is to say The Lords Spiritual and Temporal and the Commons thereof Thirdly in the first Parliament of the said Richard lately Crowned King it is said expresly that at the request and by the consent of the three Estates of this Realm that is to say the Lords Spiritual and Temporal and Commons of this Land assembled in this present Parliament and by Authority of the same it be pronounced decreed and declared That our said Soveraign Lord the King was and is the very and undoubted King of this Realm of England c. Fourthly it is acknowledged so in the Statute of 1 Eliz. cap. 3. where the Lords Spiritual and Temporal and the Commons in that Parliament assembled being said expresly and in terminis to represent the three Estates of this Realm of England did recognize the Queens Majesty to be their true lawful and undoubted Soveraign Liege Lady and Queen Adde unto these the Testimony of Sir Edward Cooke though a private person who in his Book of the Jurisdiction of Courts published by order of the long Parliament chap. 1. doth expresly say That the Parliament consists of the Head and Body that the Head is the King that the Body are the three E●tates viz. the Lords Spiritual and Temporal and Commons In which words we have not only the opinion and tes●imony of that learned Lawyer but the Authority o● the long Parliament also though against it self Tho●e aged Bishops had been but little studied in their own concernments and betray'd their Rights if any of them did acknowledge any such mistake in ch●llenging to themselves the name and priviledges of the third 〈◊〉 Fol. 196. The Convocation now not sitting● and matters of Religion being brought under the cognizance of the Parliament their Wisdoms adjudged it not only convenient but necessary that some prime Clergy men might be consulted with It seems then that the setting up o● the new Assembly consisting of certain Lords and Gentlemen and two or more Divine● out of every County must be ascrib'd to the not sitting of the Convocation Whereas if that had been the rea●on the Convocation should have been first wa●ned to reassemble with liberty and safe conducts given them to attend that service and freedom to debate such matters as conduced to the Peace of the Church If on those terms they had not met the substituting of the new Assembly might have had some ground though being call'd and nominated as they were by the Ho●se of Commons nothing they did could binde the Clergy further then as they were compellable by the power of the sword But the truth is the Convocation was not held fit to be trusted in the present Designs there being no hope that they would 〈…〉 change of the Gover●●ent or to the abrogating of the Liturgy of the Church of England in all which the Divines of their own nomination were presum'd to serve them And so accordingly they did advancing their Presbyteries in the place of Episcopacy their Directory in the room of the Common Prayer Book their Confession to the quality of the Book of Articles all of them so short liv'd of so little continuance that none of them past over their Probationers year Finally having se●v'd the turn amus'd the world with doing nothing they made their Exit with far fewer Plaudites then they expected at their entrance In the Recital of whose names our Author craves pardon for omitting the greatest part of them as unknown to him whereas he might have found them all in the Ordinance of the Lords and Commons by which they were called and impowered to be an Assembly Of which pardon he afterwards presumes in case he hath not marshalled them in their Seniority because saith he Fol. 198. It ●avours something of a Prelatical Spirit to be offended about Precedency I ●ee our Author is no Changeling Primus ad extremum similis sibi the very same at last as he was at the first Certainly if it ●avour of a Prelatical Spirit to contend about Precedencies that Spirit by some Pythagorean Metempsychosis hath passed into the bodies of the Presbyterians whose pride had swell'd them in conceit above Kings and Princes Nothing more positive then that of Travers one of our Authors shining Lights for so he cals him Lib. 9. fol. 218. in his Book of Discipline Huic Discipline omnes Principes submittere Fasces suos necesse est as his words there are Nothing more proud and arrogant then that of the Presbyterians in Queen Elizabeths time who used frequently to say That King and Queens must lay down their Scepters and lick up the very dust of the Churrches feet that is their own And this I trow doth not savour so much of a Prelatical as a Papal Spirit Diogenes the Cynick affecting a vain-glorious poverty came into Plato's Chamber and trampled the Bed and other furniture thereof under his feet using these words Calco Platonis fastum