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A43643 A vindication of the naked truth, the second part against the trivial objections and exceptions, of one Fullwood, stiling himself, D. D. archdeacon of Totnes in Devonshire, in a libelling pamphlet with a bulky and imboss'd title, calling it Leges AngliƦ, or, The lawfulness of ecclesiastical jurisdiction in the Church of England : in answer to Mr. Hickeringill's Naked truth, the second part / by Phil. Hickeringill. Hickeringill, Edmund, 1631-1708. 1681 (1681) Wing H1832; ESTC R13003 47,957 41

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Hundret nor bring any Ecclesiastical cause to the Judgment of Secular men Therefore William the Conquerour the Popes Champion brought with him this new distinction of Clergy and Layty and Ecclesiastical Judges and Secular Judges for it seems Ecclesiastical Causes as well as Secular were brought in the Hundret Court to the Judgment of Secular men not Ecclesiastical men 5. The said Proclamation ordains every man to do right to God and the Bishop not according to the Hundred but according to the Canons and Episcopal Laws Which answers the greatest Stress of the D. D. Answer The Conquerour with the Pope brought in the Canons and Episcopal Laws and when the Pope's head was cut off and his Supremacy taken away vanish also did his Canons and Episcopal Laws And the Popish King and Parliament in Hen. 8. time knew it as well and therefore when they had made the King Head of the Church as well as State a fatal distinction of Church and State and often makes a Kingdom divided against its self cutting off all Appeals to Rome 24 H. 12. in the very next year they found a necessity to abrogate all Popish Canons that were contrariant to the Kings Prerogative and the Laws and Statutes of this Realm but such as were not so contrariant and repugnant to remain in force And to that purpose there was to be a Book of such Canons compiled by thirty two Commissioners party per pale one moyety Clergy and the other Lay but they did nothing and so that project in the Statute came to nothing And for my part in the Knowledge I have in the ancient Councils and Canon's in the making whereof the Pope had the great hand they might as well seek a needle in a bottle of Hay as seek for Canons amongst the old ones suitable to the new face of our Church when it had lost its old wonted head that had Authorized and Father'd the English Church and all Ecclesiastical Jurisdiction from William the Conquerour till 24 Henry 8. which was 467 long years and during the weary Reigns of twenty Kings together who were so tyred with the Pope's Insolence that some of them as King John meditated rather to turn Turk than undergo the Infamy as well as Tyranny and Cruelty in being all his Reign so shamefully Priest-ridden complaining and bemoaning himself that after he subjugated himself and his Scepter to the Pope of Rome nothing prosper'd that he undertook ever after Therefore hard is the fate of that Man much more of that King and Kingdom that are under the Tyranny of these Bigots How do they wrest the holy Scriptures to surrogate their preposterous Hierarchy as did the said Popham Archbishop in his said Letter to the King Edw. 1. aforementioned quoting Mat. 16.19 Whatsoe're thou shalt bind on earth shall be bound in Heaven and threatning the King with death from Deut. 17.12 And the man that shall do presumptuously and will not hearken unto the Priest that standeth to minister there before the Lord thy God or unto the Judge even that man shall dye Then he threatens the King with Deut. 17.18 19 20. and with Luk. 10.16 He that heareth you heareth me and he that despiseth you despiseth me And he that despiseth me despiseth him that sent me which saith the Archbishop St. Dyonisius expounds Ierarchis in his quae agant Ierarchicè obediendum est sicut a Deo motis To the Hierarchy or Prelates in what they act as Prelates we ought to obey them as those that are influenc't by God himself Then he quotes Deut. 17.8 9 10 11. and Heb. 4. and Mat. 17.5 Mat. 28.20 Acts 3.22 Mat. 18.19 20. Mat. 18.17 Mat. 10.20 as Impertinent as tedious to insist upon concluding his Letter in a menacing way from Lambeth November Anno Dommi 1281. and the third year of his Translation Instancing also for his Platform and imitation in this his contumacy the example of Thomas Becket and Boniface his Predecessors as fierce and Seditious as himself But wise King Edw. 1. like his Grandfather Hen. 2. and his Father Hen. 3. would not so easily part with the Reins of Government for he disanulled not only the Rading-Canons as aforesaid but also the Lambeth-Canons Anno 1281. Even as his Grandfather Hen. 2. abrogated all the Canon Law being then Duke of Normandy and particularly the Canons of the late Councel of Rhemes And by Proclamation forbidding Hugo Archbishop of Roan to put the same in Execution and threatning Pope Innocent 2. that if he would not restrain the said Archbishop therein he would turn Protestant so I translate the words of the Kings letter to Pope Innocent Minatus est Apertè divortium ab Apostolicâ sede nisi praesumptio illius Archiepiscopi reprimeretur Which so frighted the Pope that he was glad to knock under and yield to the time foreseeing a Storm approaching he very wisely made fair weather on 't to use his own words Quod prefectò quamvis Justum fuerit Mat. Paris Hist Aug. p. 96 97. à nobis in Concilio Rhemensi mandatum pro ejus tamen charitate aliquando condescendere quando non ascendere possumus debemus et pro tempore ipsius voluntati assensum praebere That is saith the Pope What was done in the Councel of Rhemes was nothing but what was Just and right and also by us Commanded nevertheless for charity sake we must be lowly and condescend then when we cannot climb and ascend and be uppermost and for the present give our assent and consent to the Kings will and pleasure And there had been a fatal divorce or beginning of Protestanism from Rome by another Henry Hen. 2. long before Hen. 8. if Pope Innocent had been as stiff and inflexible as was Pope Clement to Hen. 8. So that all along those that please to observe our Statutes Histories and Chronicles they will find that ever since our Ecclesiastical Jurisdiction was brought from France and Rome by William the Conquerour sometimes the Church-men and their head the Pope had the weather-gage and sometimes the Kings as they hapned to be some more prudent some more weak some more potent and some in greater straits than other of which last condition namely when our Kings affairs were in a Peck of troubles and distresses the Pope and his Janizaries the Popish Prelates alwaies wrought upon their necessities and most unmanly would never give them fair quarter when they had them down None so cruel as Women and cowardly Gownmen when they get men at advantage many Instances whereof you may see in the reigns of King John the King Henries and the King Edwards c. So that now Canon-Law now Statute-Law now the Church and now the State now the Lord Arch-bishops and Lord Bishops and now the Lords temporal and the Common's had the upper-hand but the Bishops carryed it for the most part and alwaies at long run whilest they had the Pope or the High-Commission on their side And even since they
bit and a knock nay when he had above all others dis-arm'd the Phanaticks of their old Weapon that lay ready at hand to make use of and take up by writing Curse ye Moroz for which at least this same Step-mother might at least have made him a Courtesie and thank't him for his great pains no such matter too much envy and Ingratitude reigns amongst a sort of unthinking Black-Coats the Lumber of the Ship of the Church that pester it in a Calm and onely help to sink it in a Storm Nor has he any share in her Government nor never will till they show as good Authority for their Government and Jurisdiction Ecclesiastical as he can for his namely 4 Patents from 4 Kings of England granted with all Royalties Immunities Jurisdictions and Priviledges in the exempt Jurisdiction of the Soken in the County of Essex and the Inheritance of the most Noble Earl Rivers but in no Diocess nor subject to any Archbishop or Bishop and of which Mr. Hickeringill is Commissary lawfully Constituted and he and his Predecessors have been the only Ordinaries from whose Sentence there is no appeal but to the King in Chancery or the King in the greatest Court of Judicature in England or perhaps in the world the House of Lords But for this he has so little cause to thank the Bishops that I believe they would take it from him if they could and by privy whispers and Fictions and Stories do him all the mischief good Catholicks that in them lyes for opposing their Usurpations and Encroachments at least of some of them and for vindicating the ancient Immunities and Royalties of the many-ages enjoy'd Inheritance of that Noble Earl and from Nasauces and Encroachments of greedy Neighbours that think they can never have enough though God knows this Exempt Peculiar is but 3 Parishes a Puinsul almost encompassed with the Sea and is not worth five pounds per Annum to Mr. Hickeringill who values the favour and good will of that Noble Lord in conferring it on him without his seeking or Petition more then twenty times the profit thereof It being usually bestowed as the most Signal mark of favour upon such whom that Noble Family had a mind to Grace But enough of the Pelican Mother or Step-mother and also of the Frontispiece with which trifle I have too much busied my self and the Readers Now for the Title Leges Angliae The Laws of England But by what Title his pittiful Pamphlet can challenge or lay claim to so swelling a Title shall be consider'd only by the Sequel Next his Epistle to the Reader Wherein at first dash he endeavours to preoccupate and prepossess his Readers with an opinion of his Modesty good man he cannot wail nor whip his Adversary That 's pitty And yet he begs pardon that he is such a Doe-little he has not chastiz'd so spightful an Adversary according to his Merits and provocations for he verily wants the Talent and dislikes the Sport As if he should say Time was in his Juvinile years when he was as indeed he was a furious chastizing Paedagogue another Whipping-Tom that took pleasure to lash and slash but those merry days are done that 's happy for Mr. Hickeringill He now verily wants the Talent and dislikes the Sport What a Tarmagant Whipster would this have been if he had taken pleasure and made a sport of whipping men according to their Merits and Provocations But why he should at first step fall down of his knees and beg his Readers pardon for not chastizing Mr. Hickeringill for not being cruel to him for not bringing him to the Whipping-Post I cannot imagine I am sure if he cannot slash and lash and chastize if his Bridewel-Accomplishments have now forsaken his old wither'd Arm he yet retains his Billing sgate Old men can prate however and Scold and so does he He calls Mr. Hickeringill all to naught he calls him Papist in the very next Page I suppose for writing the Naked-Truth and exposing the wickedness of Papists and their Popes in p. 2. of the Naked-Truth nay he makes another Hugh Peters of him and that 's somewhat strange that Hugh Peters should be a Papist and more strange that Mr. Hickeringill should be Hugh Peters and also afterwards he makes a Quaker of Mr. Hickeringill nay p. 6. He calls him both Papist and Hobbist and most unmercifully tears him with Pun and quibble for which a very Barber ought to be kickt saying I thought I had caught a Hobby but war-hawk And a great deal of bad Language this Archdeacon and D. D. does very liberally bestow upon Mr. Hickeringill in almost every page the wonted Attaques of such feeble and effeminate Disputants Well even what he pleases he brings Mr. Hickeringill within two strides of the Gallows saying he takes him to be at Hugh Peter's Game I supose for Preaching on Curse ye Meroz and drolling upon Hugh peter's Sermon and running his wicked race I see there 's no remedy at present against such a Cursing Railer the next now and all that remains is to make Mr. Hickeringill Infidel Pagan Atheist Turk and great Magul and yet this Modest Archdeacon cannot nay has not the Talent to Rail and dislikes the Sport Then lastly he says for Pride Envy wrath Malice Spight and Revenge some say he Mr. Hickeringill is a very Angel of light and somewhat more excellent Bless thy seven Wits dear D. D for thou art the first that has made an Angel of Light old excellent Pride Envy Wrath Malice Spight and Revenge The only modest expression in his Book is the last clause To the Reader where he confesses his unparalel'd shallowness of Conception saying If others can find Truth in the man he cannot So that what has already got a verdict all England over except amongst the Archdeaconry and men Byas'd with Interest its Grace is stopt by a sorry D. D. that confesses his Ignorance and hates the Truth that thwarts his Gourmaudizing would lessen his Paunch animus in Patinis Thus much for his Epistle It 's well it 's no worse The Proem This Proem takes up all the sense and also almost one quarter of doughty Pamphlet Indeed it takes up too much Room And Arbitrary Government of Will. the Conquerers Long Sword and Proclamation is all the Reading he has shown throughout the whole Book citing an old Edict out of Spellman but he conceales the Plagyary and will not loose the Worm-eaten honour of some ambitious Antiquary whilst he quotes the Record and puts us to our Trumps to guess how or when or where he came honestly by it Well much good may it do him when we come to it And first like a Church-man of the old stamp he will permit his Majesty to come into the Church that 's more kindness then old St. Ambrose Bishop of Milan would show sometimes to the great Emperour Theodosius when he did not do as he would have him to do nay This Archdeacon opens the doors himself
humble Servant when where and in what he list For presently after he brings that of Isa 10.1 to vanquish the King and Parliament that made him Recant his own Canons two years before Isa 10.1 Dicente Domino per Prophetam Vae qui condunt Leges iniquas c. Wo unto them that Decree unrighteous Decrees c. meaning the Statutes made by the King and Parliament for so he goes on quia igitur ab antiquo tempore inter Leges Magnates Angliae ex parte unâ Archiepiscopos Episcopos Clerum ejusdem Regniex altera duravit amara dissensio pro oppressione Ecclesiae contrà Decreta summorum Pontisicum contra Statuta Conciliorum contra Sanctiones Orthodoxorum Patrum in quibus tribus summa auctoritas summa veritas summaque sanctitas consistunt supplicamus Regiae Majestati c. huic periculosae dissentioni dignemur finem apponere salutarem cui finis alitèr imponi non potest nisi vos sublimitatem vestram praedictis tribus scilicèt Decretis Pontificum Statutis Conciliòrum Sanctionibus Orthodoxorum Patrum juxtà Domini beneplacitum cùm Catholicis Imperatoribus dignemini inclinare ex his enim tribus sunt Canones aggregati jura Coronae vestrae Christi Coronae supponenda cujus sunt Diadema Sponsae suae monilia universae Ecclesiasticae Libertates All which are most emphatical words and most apt for our purpose to stop the Arch-deacon's Mouth that would have the present Church of England and its Jurisdiction derivative from Edw. 1. and Edw. 3. Nor do I know any man more able in all History to write all that could be said for Ecclesiastical Jurisdiction Canon-Law or Civil-Law than the said Peckham nor can any thing better represent the posture of Affairs in England as to Ecclesiastical matters than the said Letter which I will English faithfully as followeth Because quoth the Archbishop there has been of old and long has continued a bitter Dissention betwixt the King and Parliament of England on the one part God grant they may alwayes be so as they ought to be but one part and the Archbishops Bishops and Clergy of this Realm on the other part to oppress the Church contrary to the Popes Decrees contrary to the Canons of Councils contrary to the Sanctions of the Orthodox Fathers in which three consists the Supream Authority the greatest Verity and the choycest Piety We intreat your Royal Majesty that we should vouchsafe together to put an end to this dangerous Dissention and Differences which can never be concluded except you will please to submit your highness to the said three things namely the Decrees of Popes the Canons of the Synods and the Opinions of the ancient Orthodox Fathers according to the Command of the Lord and after the Example of Catholick Kings For of these three are the Canons made and the Rights of your Crown must submit to the Crown of Christ the Churches Rights and Liberties being the Diadem of Christ and the Ornament and Jewels of his Spouse c. Whence I make these plain Remarks 1. That as the Devil Tempting our Blessed Saviour accosted him with Holy Scripture in his Mouth so does this filthy Symonist talk Scripture Language to the King and Parliament whilst he himself hated to be Reformed 2. That there was and has been an old Feud Difference and Dissention and cannot possibly be otherwise where the Layety are Governed by one Law and the Clergy by another the Layety a distinct and peculiar Party on the one part and the Clergy with other designs a party in Opposition to the Layety on the other part The Devil and the Pope brought in that distinction of Layety and Clergy not God and Scripture and it was never a quiet World in Christendome since that time of making that distinction which God never made 3. That when the King and Parliament Thwarts the Clergy and the Canons of their own devising and made to gratifie as those of Rading aforesaid only their Avarice Ambition and Revenge yet that is called Oppressing the Church of God 4. That Kings must alwayes under the notion of submitting to God and Christ submit their Scepters Crowns and Dignities to Religious Zealots and Bigots when they get the Power and they 'l have it too or they 'l want of their will 5. That the Clergy Archbishops and Bishops accounted themselves and were taken and accepted for the Church of England 6. That the Pope was Head of this Church his Decrees their Rule and Canons to walk by and carry on their Ecclesiastical-Courts and Jurisdiction 7. That their Laws were contrary to the sence of the King and Parliament 8. That the King and Parliament were sometimes though but a little little time too hard for those Archbishops Bishops and Clergy of whom the Pope was Supream head 9. That it is impossible that our present Archbishops Bishops and Ecclesiastical Jurisdiction can derive their Authority for Ecclesiastical Courts from the Popish Arch-bishops Popish Canons Popish Bishops that had the Pope for their head since our Clergy Archbishops and Bishops do renounce the Popes Supremacy 10. That the Ecclesiasticals before Hen. 8. whilst the Pope was their head look't upon the Kings of England as their Inferiours and that the King and Parliaments Sentiments and Decrees should truckle to theirs And if some had not some strange Reliques they would not dare as this Archdeacon does to write and defend a Jurisdiction and Courts in England without special Authority and Commission from the King And for him to say They Keep Courts by Common-law is the idlest of all his dreams 1. Because before Will. the Conqueror there was never any Spiritual Courts Kept distinct from the Hundred-Courts and if they have right to keep them there at the Bayliffs house let them come but instead of Chancellours Surrogates and Officials and Archdeacons must sit for Judges there as now and of Old two honest Freeholders let them come then with their Ecclesiastical Courts founded in the Common-law before William the Conquerour 2. The Common-Law this D. D. calls p. 51. long and granted Use in the whole Land but then if they plead for their Ecclesiastical Courts according to ancient use and custome they must keep them in Places Times and by such Laws and Judges as were of the ancient use and custom 3. The Common-Law of England is ancienter than our Christianity but Bishops as now in England much less Archbishops for Austin the Monk sent hither by the Pope was the first Archbishop and much less Archdeacons are the Inventions of men and the favour of Kings at first of Popish Kings for before Austin the Monk Anno Dom 〈◊〉 England had neither Lord Bishops nor Lord Archbishops after the manner they are now therefore neither they nor their Courts as now kept have any foundation in Common-law 4. By his own shewing that Edict of William the Conquerour enjoyns that no Bishop nor Archdeacon hold Pleas any longer in
to let his Majesty into the Church but he will not trust him wich the Keys as who should say we will open the Church doors to your Majesty and come in and welcome whilst we continue good friends But they that keep the Keys and can open the Church-doors to let his Majesty in can also whilst they have the keeping of the Keys upon displeasure lock him out well for this very trick and for another late Scotch trick If I were a Privy-Councellour I would advise his Majesty as Head of the Church and Governour thereof to keep the Keys of the Church in his Pocket or hang them under his Girdle if it be but because this Prelatical Champion this same pittiful Archdeacon like another Pope or St. Peter will keep the Keys of the Church and will keep his Majesty from them and would fain perswade him that our Laws to use his words p. 2. of the Proeme Exclude this purely Spiritual power of the Keys from the Supremacy of our Kings except it be to see that Spiritual men do their duty therein Belike this same Archdeacon carries the Leges Angliae the Laws of England in his belly and greedy gut for I am sure he carries them there or no where he carries not these bulky Laws of England in his Brains he has no Guts in his Brains For I pray good D.D. where does our Laws exclude this purely Spiritual power of the Keys from the Supremacy of our Kings if our Kings like good King David or wise King Solomon should have a mind to be Ecclesiastes In the days even of Popery I never heard of a King shut out even from the Topping-Pulpit if he had a mind to climb so high stout King Henry the 3d. made bold to Invade the Pulpit took his Text Psal 85.10 Righteousness and Peace have kissed each other and then in his Sermon ad Clerum to the Learned Monks of the Cathedral Church of Winchester when he had a little self-end too as some Pulpiters have also had in the case namely to Cajole the said Monks to Elect his Brother Athelmar Bishop of Winchester Bak. Chron. p. 82. Paraphrasing and enlarging upon his Text and saying to use his own words To me and other Kings who are to govern the people belongs the rigour of judgement and Justice to you who are men of quiet and Religion Peace and Tranquillity And this day I hear you have for your own good been favourable to my request with many such like words I do not know whether the King had got a License to Preach from a Bishop It seems the Clergy then too would favour Kings in what was for their own good and if it were for their own good would also permit the King to take a Text and Preach in their Cathedral-Church how hard-hearted or strait-lac't soever our Archdeacon proves and will not suffer our Kings to have the Keys neither of the Church nor Pulpit I say therefore some Kings would therefore keep the Keys of the Church themselves and trust never a D. D. of you all with them no not the Pope himself But what if I prove that our Kings at their Corronations have at the same time been ordain'd Clergymen they are no more excluded then by our Laws from the power of the Keys then Mr. Archdeacon or the Pope himself What is Ordination but the ordering designing or setting a Man a part to some office if to the Ministry then there are certain significant Words to that purpose and what more significant Words for Ordination to the Priesthood or making a Man a Clergyman then those the Bishop uses to our Kings namely with Unction Anthems Prayers and Imposition of hands as is usual in the ordination of Priests with the same Hymn Come Holy Ghost Eternal God c. The Bishop saying also amongst other things Let him obtain favour of the people like Aaron in the Tabernacle Elisha in the Waters Zacharias in the Temple give him Peters Key of Discipline and Pauls Doctrine Which last clause was praetermitted in times of Popery from the Corronation of Hen. 6. Bak. Chron. 742. till Charles 1. and Charles 2d lest it should imply the King to be more a Clergyman and Ecclesiastical person then these Archdeacons could afford him but our Gracious King Charles 2d and his Father at their Corronations had the antient forms of Crowning Kings reviv'd and in the Anointing the Bishop said Let those hands be Anointed with Holy Oyl as Kings and Prophets have been Anointed and as Samuel c. Then the Archbishop and Dean of Westminster put the Coif on the Kings Head then put upon his body the Surplice saying this prayer O God the King of Kings and Lord of Lords c. And surely of old the very Pope himself look't upon our anointed Kings as Clergymen else why did the Pope make Hen. 2. his Legate De Latere here in England the usual office of the Archbishop of Canterbury usually styled Legati Nati Therefore Mr. Archdeacon you talk like an unthinking Black-coat stockt with a little superficial Learning when you say our Laws exclude the King from the Keys of the Church to which he has as good right as your D. D. Divinityship And indeed to give the Man his due he is glad afterwards to confess that Constantine and the Eminent Christian Emperours called Councels and approv'd their Canons Then by your leave dear D. D. They also for the same reason might upon occasion and if they had seen cause also disprove the same who then was Papa of old Pa-ter Pa-trum surely no other but he that is Pa-Pa I mean Pa-ter Pa-triae Into a volumn beyond mine or the Readers Patience or leisure must this Vindication swell if I should trace him in all his Extravagancies Impertinencies and nauseous Repetitions and therefore I must quit my first design and summarily contract the crazy Principles and Postulata on which his mighty Fabrick of the Laws of England is E●●●●ed CHAP. I. In his first Chapter after a great deal of prattle to no purpose he Sets up the Propositions suggested by Mr. Hickeringill and then he Batters them The Propositions suggested by Mr. Hickeringill are these following 1. THat before Hen. 8. All Ecclesiastical Jurisdiction in England was derived from the Pope as Mr. Cary. p. 6. 2. That Hen. 8. When he annex'd the Ecclesiastical Jurisdiction to the Crown he took it wholly away from our Ecclesiastical Ministers 3. That the Church had no Jurisdiction after Hen. 8. had annex'd it to the Crown till 1 Edw. 6.2 4. That if there be any Ecclesiastical Power in our Church it canot be executed but in the name and with the stile c. of the King according to 1 Edw. 6.2 5. That all our Ecclesiastical Power was lately founded in 1 Eliz. 1. as it Established the High-Commission-Court And that Act being repeal'd All Ecclesiastical Power was taken away with the Power of that High-Commission Then most insultingly concludes in