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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

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sick wit or the sickness of wit as he truly notes And secondly not to be bitter against the Credit of the Animadvertor though perchance he may have something tart to quicken the Appetite of the Reader As for the credit of the Animadvertor it hath past through too many tryals both publick and private to be foiled by such an empty insinuation Fama velim credas crimine n●stra caret in the Poets words If he can find any hole in my Coat let him make it wider if he can I do not hold my credit of him either as Tenant at will or Tenant by courtesie nor as the Bishops anciently held their Lands of the Crown as Tenant in Frank Almoigne by Alms or Charity It is my hope that I have acquired a free hold in it a good Estate for term of life of which a st●onger Adversary then this Appealant shall never be able to disseize me But how farre he is infected with that sickness of wit that sick wit of Railing against which he seems to be resolved two many passages in his Book are sufficient symptoms In his Examination of the general Preface that my Antidote against his Book hath more of poyson then of Cordial in it and that I envenome many plain and true passages with my false Glosses forced Inferences and pestilent Applications p. 1. fol. 20. as afterwards calls me a Deforming Reformer fol. 19. An Adventurous Emperick fol. 22. upbraids me with my flouncing and flattering fol. 59. accuseth me of Don-Quixotism p. 2. fol. 49. Gives me the name of Rabsecah fol. 95. brings me to sit down in the seat of the scornful p. 1. fo 20. reproacheth me with Rayling such rayling as not onely beneath a Doctor but against Divinity making me to be bred in Billings-Gate Colledge p. 3. fo 33. and in the same calls me by craft as we poor Country folk use to say a snarling Dog and in plain terms a very Malignant indeed p. 49. I must confess I have found some worser language from the hands of others though this be more then may comport with that Declaration of his declining all expressions which might savour of Railing to which how near he comes in all these particulars and how far he hath dipt his Pen in the Gall of bitterness is not mine to Judge 51. But his fine Master-piece of wit is that which he conceives to be an Anagram of his own making in the name of Heilin out of the which Letters whereof being transposed he makes Nihili that is to say Nothing worth a conceit not of his discovery for it was found out long since when I was a School boy And I had thought we should have had no boys play revived between us But since he hath led the way unto it I hope he will give me leave to follow and ●ub up some of the first fancies of my younger dayes In confidence of which leave on the first scanning of his name with my bad eyes I was able to disc●●n an Halter in it and some full Halter too to make up the Anagram But I shall not doom the man to so sad an End or leave him to the mercy of a second Miracle from King Hen. the 6. the Tutelar or Patron Saint of old Thomas of Hammer-smith for which consult the Animadversions p. 176. and the Appeal p. 3. fol. 32. Rather I shall content my selfe with such ●a moderate retaliation as the letters of his name will give me without any such stretching which in relation to his frequent Haltings betwixt State and Monarchy Episcopacy and Presbytery the Common-prayer Book and the Directory will set forth Thomas Fuller for a fulsome Halter and so let him pass 52. I must beseech the Reader to excuse this Levity which nothing but invincible indignation could have forced upon me and in the next place not to wonder that I have made so short a Replication to so long an Answer For first it is to be considered that three parts in five of the Appeal are the very words of my Animadversions and I do not yet find my self reduced to any necessity being an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or a condemner of my self for any thing by me delivered in that Book And in the two parts which are remaining as the Authors were there are many things in which he confesseth himselfe to have been formerly mistaken of which he hath promised Reformation in the next Edition of his History if ever it shall come to a second birth whereof I had no reason to make a particular repetition in this short Appendix Some other passages there are in the Animadversions to which the Traverses of the Appealant are so slight and perfunctory that they are tantamount to a plain acknowledgement and therefore are to pass in the account of Confessions also But his Avoydings as they make up the greatest part of his own discourses so I conceive they will appear no otherwise to a learned and judicious Reader then as Subterfuges and Avoydings only not to be qualified by the name of satisfactory and sufficient answers and therefore no especial Replication to be needful to them which might occasion a Rejoyner and consequently spin out the cause to an endless length Which being the general Anatomy of the whole Appeal there remains onely some few parts to be dissected in which the Appealant stands too stifly though erroneously to his first opinions or fathers the mistakes of his own begetting on the Animadvertor or otherwise creates new Errors in labouring too sollicitously to palliate and defend the old 53. Till this was done I could not think my selfe in a condition to embrace any of those civil and ingenious overtures which are made in the Appealants Letter And yet there was some other reason which made this short answer seem so necessary as not to be honestly avoided A report being spred abroad and printed in one of Squire Sandersons bald and scurrilous Pamphlets that I had begged pardon of the Appealant by a supplicatory and submissive Letter for my writing against him which base and scandalous Report might have found belief notwithstanding my labouring to decry it in the general Preface to this book before the Appealants was sent to me if I had not showed my selfe in this short Reply to be as free from any fear of Mr. Fuller as I conceive my self to be out of his Danger But whether I be out of his danger or no must be referred to the equal and impartial Reader whom I beseech not to be wanting to himself in a diligent comparing of the Animadversions with this Answer to it in every branch and clause of either as they lye before him And then I shall not doubt of such a favourable sentence as on an equal hearing can be given in Chancery to an honest cause Which brief account being offered to Examination will prove I hope as satisfactory in the summa Totalis as if the several Items had been specified and summed up particularly
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
2ly That the King by consent of Parliament directed the proceedings of Ecclesiastical Courts against declared Hereticks so that they could not punish them in life or limb but as directed by the statute p. 2. fol. 69. In confutation of which Proposition the Animadvertor is cunningly tempted to write two or three sheets upon assurance that it will be richly worth the Writers and the Readers pains and the hope of having an answer to it from no worse a hand then that of the Appealant himselfe This I shall be ready to do whensoever he shall show me in what place of my Animadversions or any other Book of mine whatsoever I have maintained that the Church hath power of making Canons which may extend either unto the life or limb of the English subject Certain I am that no such thing ever past my hand or c●me into my head sleeping or waking sick or sound and therefore this must be a device of his to render me as distastful to all sorts of people as he hath made himselfe to all the true Sonnes of the Chruch of England whether they be High-Royalists or covetous Conformists as our Autho● words it 36. He puts it to the Readers Judgement whether any man alive can from these words viz. The right lay not in this Henry but in Mortimer Earl of March in for an insinuation that Kings may legally be deposed And I confefs as readily as any other man whatsoever that no such insinuation can be gathered from those words of his as they are laid down in the Appeal But then the Appealant should have took his rise a little higher where it is said as positively and plainly as words can speak it that granting Ki●g Richard either deservedly deposed or naturally dead without issue the Right to the Crown lay no● in this Henry but in Edmond Mortimer Ea of March c. for which consult Ch. Hist lib. 4 fo 153. And therefore let the Reader judge whether without more Perspicacity in the Organ or perspicuity in the Object any man may not easily perceive such an Insinuation in the words foregoing that Kings deservedly or legally may be deposed All further medling in which point as I then declined so I have greater Reason to decline it now And on that reason I shall spare to press him whether another of his Inferences Apothegmes and Maxims of State in reference to the person of King Hen. 6. and the calami●ous death of that religious but unfortunate Prince which I find him willing to shift off with this one evasion which the change of times hath made more passable then before that the less we touch on this harsh string the better the Musick p. 2. fol. 53. 37. These points relating to the King and the Church being thus passed over the residue of the things or matters material and effectual to be Answered and by him denyed are neither very many nor of any great consequence though truth be as much violated in a matter of the smallest moment as in that of the greatest That which comes first and I must fetch a great leap to it a great part of the intervening Animadversions being either out off with a● c. or otherwise avoyded without making any answer to them at all as farre as to the middle part of Queen Eliz. Raign where I found our Author advocating in behalf of Peoples sidings as they were used in those times and show the dangerous consequents and effects thereof not onely in the apprehension of King James but of Queen Eliz. All which the Appealant shifts aside and thinks to satisfie all expectations in changing onely one of his expressions which made those peoplefidings to be grounded on the words of S Paul And therefore if you read in the next Edition that those people sidings were but pretended to be grounded on the words of St. Paul we mu●● then think the Arch-bishop Gryndal did well in pleading for them to the Queen that the Queen did ill in causing them to be suppressed and that King James was more miserably our in dreaming of so many dangers in that Apostolical Institution which our Father entitles plainly by the name of Gods and the Ghurches Cause as were not to be found in it at any rate In the Historians relating the story of Martin Mar-Prelate and the great injury done to the Bishops by those scandalous Libels an occasion is taken by the Animadvertor to put him in remembrance of a rule of his to this effect That the fault is not in the Authour if he truly cite what is false on the credit of another Which rule so dangerous in it self and so destructive to the truth so advantatageous to the slandering of the godliest men and mis-reporting the Occurrents of all times and ages is very justly faulted by the Animadvertor and thereupon he thus proceeds in his Animadversions That this rule whether true or false cannot be used to justifie our Author in many passages though truly cited considering that he cannot chuse but know them to be false in themselves and he that knowing a thing to be false sets it down for true not only gives the lye to his own Conscience but occasions others also to believe a falshood And from this charge I cannot see how he can be acquitted in making the Bishops to be guilty of those filthy sins for which they were to be so lashed by Satyrical wits or imputing those base Libels unto wanton wits which could proceed from no other fountain then malitious wickedness All which the Appealant passeth over without taking the least notice of it and to say truth he had good reason so to do knowing that dangerous rule to be so recessary for his justification and indempnity upon every turn And thereupon fixing himself upon this Rule That the W●iter is faultless who truly cites what is false on the credit of another he thinks he hath sufficiently confuted the Animadvertor by telling him that if this Rule should not be true he must needs have a ●ard task of it in making good all things in his own Geography on his own knowledge who therein hath traded on trust as much as another I must have been a greater Travellor then either the Greek Vlisses or the English Mandivile all Purchas his Pilgrims many of our late Jesuits and Tom Corriot too into the bargain if it had been otherwise if in describing the whole world with all the Kingdoms Provinces Seas and Iles thereof I had not relyed more on the credit of others then any knowledge of my own if the Appealant could have charged me with citing any thing for truth which I know to be false and justified my so doing upon the credit of any Author whom I know to be mistaken in his information he had said somewhat to the purpose And when he can say that I desire no favour either from him or any other whatsoever In the mean time if any Gentleman Merchant or other Travellor