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A40651 The appeal of iniured innocence, unto the religious learned and ingenuous reader in a controversie betwixt the animadvertor, Dr. Peter Heylyn, and the author, Thomas Fuller. Fuller, Thomas, 1608-1661. 1659 (1659) Wing F2410; ESTC R5599 346,355 306

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some of the Kings Councill learned in the Laws of this Realm caus'd the said Canons to be read and considered of the King being then present By all which upon due and mature deliberation the Canons were approv'd and being so approv'd were sent back to the Clergy in the Convocation and by them subscribed And certainly it had been strange that they should pass the approbation of the Judges and learned Lawyers had they contained any thing against the fundamentall Laws of the Land the Property of the Subject and the Rights of Parliament or been approv'd of by the Lords of his Majesties Councill had any thing been contained in them derogatory to the Kings Prerogative or tending to faction and sedition So that the foundation being ill laid the superstructures and objections which are built upon it may be easily shaken and thrown down To the first therefore it is ansvvered that nothing hath been more ordinary in all former times than for the Canons of the Church to inflict penalties on such as shall disobey them exemplified in the late Canons of 1603. many of which extend not onely unto Excommunication but even to Degradation and Irregularity for which see Can. 38.113 c. To the second that there is nothing in those Canons which determine●h or limiteth the Kings Authority but much that makes for and defendeth the Right of the Subject for which the Convocation might rather have expected thanks then censure from ensuing Parliaments To the third That when the Canon did declare the Government of Kings to be founded on the Law of Nature it was not to condemn all other Governments as being unlawfull but to commend that of the Kings as being the best Nor can it Logically be inferr'd that because the Kingly Government is not receiv'd in all places that therefore it ought not so to be or that the Government by this Canon should be the same in all places and in all alike because some Kings do and may lawfully part with many of their Rights for the good of their Subjects which others do and may as lawfully retain unto themselves To the fourth That the Doctrine of Non-Resistance is built expresly on the words of St. Paul Rom. 13. v. 2. and therefore to condemn the Canon in that behalf is to condemn the Word of God upon vvhich it is founded Finally to the fifth and last That the Statute of 5 6 Edw. 6. declaring that the daies there mentioned shall be kept for Holy-daies and no other relates onely to the abolishing of some other Festivalls which had been formerly observ'd in the Realm of England and not to the disabling of the Church from ordaining any other Holy-dayes on emergent causes in the times to come Fuller DORMIT SECURUS Dr. Heylyn Assuredly that able Lawyer would have spoke more home unto the point could the cause have born it Eloquentem facit causae bonitas in the Orator's language And therefore looking on the heads of the Arguments as our Author represents them to us I must needs think that they were rather fitted to the sense of the House than they were to his own Fuller I now begin to awake and rub my Eyes hearing somewhat wherein I am concerned as if I had unfaithfully related these Arguments I confesse it is but a Breviat of them accommodated to the proportion of my Book and had they been at large much lustre must be lost whilst related seeing none but Mr. Mainard can repeat the Arguments of Mr. Mainard to equal advantage However I had them from as observant and judicious a Person as any in house of Lords and if I should name Him the Animadvertor would believe me herein Dr. Heylyn What influence these Arguments might have on the House of Peers when reported by the Bishop of Lincoln I am not able to affirm But so far I concur with our Author that they lost neither life nor lustre as they came from his mouth who as our Author sayes was a back friend to the Canons because made during his absence and durance in the Tower A piece of ingenuity which I did not look for Fuller There are some Pens that if a Man do look for Ingenuity from them he may look for it Dr. Heylyn The power of Convocation being thus shaken and endangered that of the High Commission and the Bishops Courts was not like to hold the one being taken away by Act of Parliament and the other much weakned in the coercive power thereof by a clause in that Act of which our Author tell us that Fol. 182. Mr. Pim triumphed at this successe crying out digitus Dei it is the finger of God that the Bishops should so supinely suffer themselves to be surprised in their power And well might Mr. Pim triumph as having gain'd the point he aim'd at in subverting the coercive power and consequently the whole exercise of Ecclesiastical Jurisdiction But he had no reason to impute it to the finger of God or to the carelesnesse of the Bishops in suffering themselves to be so supinely surpris'd For first the Bishops saw too plainly that those general words by which they were disabled from inflicting any pain or penalty would be extended to Suspension Excommunication and other Ecclesiastical censures But secondly they saw withall that the stream was too strong for them to strive against most of the Lords being wrought on by the popular party in the House of Commons to passe the Bill Thirdly they were not without hope that when the Scots Army was disbanded and that Nation satisfied by the Kings condescensions to them there might be such an explication made of those general words as to restrain them unto temporal pains and civill penalties by which the censures of the Church might remain as formerly And fourthly in order thereunto they had procured a Proviso to be entred in the House of Peers That the general words in this Bill should extend onely to the High Commission Court and not reach other Ecclesiastical jurisdiction for which consult our Author fol. 181. Having thus passed over such matters as concern the Church we will now look upon some few things which relate to the Parliament And the first is that Fuller I said not Mr. Pim had just cause to triumph yea somewhat followeth in my History to the contrary shewing He had no reason to rejoyce and condemn the Bishops herein seeing not Supinesse but Prudentiall condescention for the time made them rather sufferers then surprized herein Onely I say there are many alive who heard him sing aloud this his Victoria and the Eccho thereof it still soundeth in their Eares The Animadvertor himselfe sometimes triumpheth over my mistakes and carrieth me away in his own conceit whilst still I am sensible of my owne Liberty that I am in a free condition Dr. Heylyn Fol. 174. Dr. Pocklinton and Dr. Bray were the two first that felt the displeasures of it the former for preaching and printing the latter for licensing two Books
the one is called East Swale the other West-Swale I see no reason why we should look any where else for that River Swale mentioned in the old fragment which before we spake of But herein I must submit my self to more able judgements The place agreed on we should next inquire into the numbers but that our Author seems to grant as much as the fragment craveth Fuller I could heartily wish that all the Animadvertors Book had consisted of such matter then had it been greater though less I mean bigger in benefit though smaller in Bulk and more instructive to the Reader thereof I did not before take notice of either East or West-Swale in Kent and now prosesse my self the Animadvertors Convert in this point agreeing with him that this grand-Baptizing if done by St. Austin was done in the place by him specified But this still doth more and more confirm me in my judgement that Austin advanced never into Yorkshire and that the conversion of the Northumbrians was the work of Paulinus and others Dr. Heylin Our Author proceeds Fol. 66. If so many were baptized in one day it appears plainly that in that age the Administration of that Sacrament was not loaded with those superstitious Ceremonies as essential thereunto of crossing spittle Oyl Cream Salt and such like Trinkets Our Author here reckoneth the signe of the Crosse in Baptism amongst the vain trinkets and superstitious Ceremonies of the Church of Rome and thereby utterly condemneth the Church of England which doth not onely require it in her Rubricks but also pleads for it in her Canons Not as essential to that Sacrament the Papists not making Spittle Oyle Cream Salt c. to be essential thereunto as our Author saith but onely for a signe significative in token that the party signed shall not be ashamed to confess the faith of Christ crucified and manfully to fight under his Banner against sin the world and the Devil and to continue Christs faithfull soldier and servant unto his lives end A Ceremony not so new as to be brought within the compass of Popish Trinkets though by them abused For when the point was agitated in the Conference at Hampton Court and that it was affirmed by some of the Bishops that the Crosse in Baptism was used in the time of Constantine Dr. Reynolds the most able man of the opposite party who had before acknowledged it to have been in use in other cases from the very times of the Apostles had not one word to say against it And to say truth no man of modesty and learning could have spoke against it when it was proved so clearly by Dr. Andrews then Dean of Westminster out of Tertullian Cyprian Origen each of which died long time before Constantines birth to have been used in immortali Lavacro in that blessed Sacrament That good old saying of Tertullian Caro signetur ut anima muniatur may serve once for all And therefore when our Author telleth us in the following words that in that age nothing was used with Baptism but Baptism it must be considered as a smack of that old leaven which more and more will sowre the lump of his whole discourse We have already had a taste of it in the very first Book we finde a continuance of it here and we shall see more of it hereafter our Author not being coy in shewing his good affections not onely to the persons of the Non-conformists but their inconformity not to the men onely but their Doctrines and Opinions also And this is that which we must trust to in the whole course of this History Fuller This Objection hath been answered at large in the Introduction and here I intend no repetition onely desiring the Reader to take notice of those my words as ESSENTIAL thereunto Let me add that a Curse is pronounced on those who remove the Land-marks and it falleth most heavy on them who remove the limits in Gods worship as being Boundaries of highest Consequence turn MAY into MUST convenient into necessary Ornamental into Essential I have as high an Esteem for the Cross in Baptisme as the Animadvertor Himself so long as it observes the due distance of an Ancient and Significant Ceremony and intrudes not it self as Essential A Chain of Gold is an eminent Ornament about the Neck but it may be drawn so close as to choak and strangle the wearer thereof And in like manner Ceremonies though decent and usefull when pretending to Essentiality become as Luther saith Carnificinae Conscientiae and therefore justly may we beware thereof Dr. Heylin Having now done with the Acts of Austin we shall not keep our selves to so continued a discourse as before we did but take our Authors Text by piecemeal as it comes before us and making such Animadversions on the same as may best serve to rectifie the story and maintain the truth as namely Fol. 65. Thus the Italian Spanish and French Daughters or Neeces to the Latine are generated from the corruption thereof This is I grant the common and received opinion but yet me thinks our Author who loves singularities should not vouchsafe to travel on the publique Road. Fuller In my passage to heaven I desire to goe in the narrow path and decline the broad way which leadeth to destruction But on earth I love to travel the common and beaten road as easiest to finde and wherein if wrong or at a losse one may soonest finde company to guide and direct him If I should travel over the Animadvertors several at Laceys-Court I have cause to suspect he would sue me for pedibus ambulando And it is hard if also he will not let me goe without carping at me in the high-way or publique road I build nothing on the high-way so to trespasse upon the Lord of the Soil but onely peaceably passe along it I mean I make no inferences or deductions from this received opinion I derive no consequence thence All that I doe is to gain just advantage thereby to honour the Welsh tongue by shewing that it is no Daughter or Neece like the Italians Spanish and French but a Mother and original Language and might justly have expected thanks rather than censure from the Animadvertor for my pains seeing he delighteth to derive himself from British extraction Dr. Heylin For in my minde it is affirmed with better reason by our learned Brerewood That those tongues have not sprung from the corruption of the Latine by the inundation and mixture of barbarous people in those Provinces but from the first imperfect impression and receiving of it in those forein Countries For the Latine tongue was never so generally received in any of the conquered Provinces out of Italy as to be spoken ordinarily by the common people the Gentry and Nobility might be perfect in it for the better dispatch of their Affairs with the Roman Magistrates who had the Government and Lieutenancy in their several Countries And some taste of
I return him the same measure I receive from him Dr. Heylin Our Author proceeds Fol. 78. Del●a whence some say Deirham or Durham lay betwixt Tues and Humber More out of this than in his Lech-lade or Latin-lade which before we had For first Durham is not so called quasi Deirham Fuller It seems that the Animadvertor playeth alwayes at In and In and I alas at Out and Out But herein I am not out one hairs breadth as soon will appear Dr. Heylin Our learned Antiquary gives us a better and more certain derivation of it The River saith he as though it purposed to make an Island compasseth almost on every side the chief City of this Province standing on a Hill whence the Saxons gave it the name of Dunholm For as you may gather out of Bede they called an Hill Dun and a River-Island Holme Hereof the Latine Writers have made Dunelmum the Normans Duresme but the common people most corruptly Durham Fuller Our learned Antiquary though here not named doth name himself even Mr. Camden I ever did and doe believe that he giveth the true Denomination of Durham so called from Dunholm But let me ad that I may lawfully without the least fault give in also another etymologie though not true yet probable which I meet with in perusing of several Writers Mercator in his Description of Italy saith some will have it so called quasi Vitalie from the fairest and fattest Calves bred therein though I believe that he himself did not believe it to be true but onely relates it as he found it in Festus I may challenge the like liberty of presenting etymologies of places as tendred to me by other Authors Dr. Heylin But secondly which marrsall the matter the Bishoprick of Durham was not in the Kingdome of Deira as being wholly situate on the North side of the Tees and consequently part of the Realm of Bernicia which makes our Authors mistake in another place fol. 51. the more remarkable where speaking of the Kingdome of Deira he gives us this Comment in the Margin viz. What this day is the Bishoprick of Deirham or Durham Fuller Be it here rather repeated than inserted that in the Saxon Heptarchy limitary Counties did march and retreat dilated and contracted by their Princes success As for the Bishoprick of Durham though sometimes it might belong to Bernicia yet generally it was the North-east boundary of the Kingdome of DEIRA as in the Archbishop of Armagh doth plainly appear De Brit. Eccles. primord pag. 395. Deiri possessed Lancashire Yorkshire Westmorland Camberland Bishoprick of Durham Let me add that He is as exact even to fractions as any who ever wrote of the partage of the Saxon Heptarchy Dr. Heylin But as long as some say so all is well though who those some are except our Author I can no where finde Onely I find that as it is held necessary for a No body to be in all great Houses to bear the blame of such mischances as by the carelesness of servants and inconsideratenesse doe too often happen so is it no lesse necessary that there should be a some-body also in all great undertakings to bear the blame of such misfortunes as our Adventurers at wit doe as often meet with Fuller What if Hee can no where finde it doth it therefore follow that it is not to be found Will he presume that his own reading is adequate to things being This No-body so much derided by the Animadvertor will at last appear some-body even Mr. Iohn Fox Acts Mon. pag. 149. last Edition Deira a part of North-Saxons whereof as it is thought that which we now call Deirham taketh his name Thus Reader I have discharged my self from all appearance of fault by producing my Author a learned and able Historian how meanly soever the Animadvertor may be pleased to esteem him Dr. Heylin And such a some-body as this our Author hath found out to be the father of another conceit of his concerning Teyburn that I may take in this also whilest it is in my minde of which he tells us lib. 4. fol. 168. That some have deduced the etymologie of Teyburn from Ty and Burn because forsooth the Lord Cobham was there hang'd and burnt Whereas indeed it was so named from the Tey or Teybourn a small Brook passing neer unto it in the former times Which Brook or Bourn arising nor far from Padington hath since been drawn into several Conduits for the use of the City Fuller I have heard of the Animadvertors etymologie and believe it probable I have also been informed from good Antiquaries that the true name is Twey-BORN from two little Brooks wherewith it is insulated in the Winter running neer to it The deduction of Tye-BORN alias I BURN from burning of Lollards I protest I did read in Harpsfield and it is none of my own invention Dr. Heylin Our Author proceeds Fol. 69. A place so marked being foretold fortunate to Aeneas to found Alba since Rome therein A passage as well stor'd with Errors as the rest before and such a piece of fine new learning as never any Antiquary had found out till now For first Aeneas was not the founder of Alba though that the place design'd unto him for the seat of his Kingdom The building of that City was the work of Ascanius as we finde in Virgil. At puer Ascanius Regnumque à sede Lavini Transferet longam multa vi muniet Albam That is to say Ascanius from Lavinum shall translate To Alba strongly fenc'd the Regal State And secondly Alba was not built in the place where Rome since stood but duedecimo ab Urbe lapide about twelve miles off For though the River Tiber in some ancient Writers hath the name of Albula yet I never found in any Writer either old or new till I incounterd it in our Author that Rome was anciently called Alba. Fuller Rather than any difference shall arise betwixt us about this matter the Parenthesis since Rome shall be altered into neer Rome and then I hope all shall be right and strait beyond exception Dr. Heylin Our Author proceeds Fol. 104. It is admirable to consider what Sholes of People were formely vented out of Cimbrica Chersonesus take it in the largest extent for Denmark Norway and Swedeland And in the largest extent it is taken indeed such as no Author ever gave it before this time The Cimbrick Chersonese truly and properly so call'd comprehended onely those parts of the Kingdome of Denmark which we now call Iuitland divided by the River Eydore from the Dukedome of Holstein Ortelius and some late Geographers make it to take up all that Languet or piece of Land on the North of Germany extended from the River Albis in the South and stretching Northward to that part of the Ocean which leads into the narrow Strait or passage now called Sundt But never any till our Author extended this name over those great Kingdoms of Denmark Norway and
Ibid. Much he expended on the Repair of Westminster Abbey-Church c. The Library at Westminster was the effect of his bounty This though it be true in part yet we cannot say of it that it is either the whole truth or nothing but the truth For the plain truth is that neither the charge of repairing that Church nor furnishing that Library came out of his own private Coffers but the Churches rents For at such time as he was made Lord Keeper of the great Seal he caused it to be signified unto the Prebendaries of that Church how inconvenient it would be both to him and them to keep up the Commons of the Colledge and gaind so farre upon them that they pass'd over to him all the rents of that Church upon condition that he should pay the annual pensions of the Prebendaries School-Masters Quire-men and inferiour Officers and maintain the Commons of the Scholars The rest amounting to a great yearly value was left wholly to him upon his honourable word and promise to expend the ●ame for the good and honour of that Church The surplusage of which expenses receiv'd by him for four years and upwards amounted unto more than had been laid out by him on the Church and Library as was offered to be proved before the Lords Commissioners at the visitation Anno. 1635. And as for the Library at St. Iohns it might possibly cost him more wit than money many books being daily sent in to him upon the intimation of his purpose of founding the two Libraries by such as had either suits in Court or businesse in Chancery or any wayes depended on him or expected any favours from him either as Bishop of Lincoln or Dean of Westminster Fuller As the worme on a sudden smot the gourd of Ionah and it withered so it is possible that the most verd●nt and flourishing Charity may be fretted and blasted by ill reports There is a Chapiter-Act subscribed with the hands of the Prebendaries of Westminster the Date whereof I do not at present remember and the Copy of it is in the hands of my Worthy friend wherein they thankfully acknowledge the great bounty of this Bishop in expending so much on the repaire of their Church If the Library of St. Iohns cost him more Wit then Money as the Animadvertor phraseth it sure I am that in the same sense The founding of Fellowships and Scholler-ships in that Colledge cost him more Money then Wit Dr. Heylyn Our Author proceeds Fol. 228. He hated Popery with a perfect hatred But Wilson in his History of great Brittain sings another song whether in Tune or out of Tune they can best tell who liv'd most neere those times and had opportunities to observe him Fuller I wonder That the Animadvertor who in the Preface to this his Book had branded Wilsons History with the name of a most Infamous Pasquill maketh mention of any passage therein to a Bishop's disgrace Dr. Heylyn There is a muttering of some strange offer which he made to King Iames at such time as the Prince was in Spain and the Court seemed in common apprehension to warp towards Popery vvhich declared no such perfect hatred as our Author speaks of unto that Religion Fuller The Prophet telleth us of Tongues which have MUTTERED perversnesse and such to me seem they that are Authors of this report Dr. Heylyn Not was he coy of telling such whom he admitted unto privacies vvith him that in the time of his greatnesse at Court he vvas accounted for the Head of the Catholick Party not sparing to declare what free and frequent accesses he gave the principall Sticklers in that cause both Priests and Iesuites and the speciall services vvhich he did them And it must be somewhat more than strange if all this be true that he should hate Popery vvith a perfect hatred yet not more strange then that he should so stickle in the preferment of Dr. Theodore Price to the Arch-Bishoprick of Armagh in Ireland who died a profest Catholick reconciled to the Church of Rome as our Author hath it Fol. 226. But if there be no more truth in the Bishop of Lincolns hating Popery then in Dr. 〈◊〉 dying a professed Papist there is no credit to be given at all to that part of the Character Dr. Price though once a great Favourite of this Bishop and by him continued Sub-Dean of Westminster many years together vvas at the last suppos'd to be better affected to Bishop Laud than to Bishop Williams Bishop Laud having lately appeared a Sui●or for him for the Bishoprick of St. Asaph And therefore that two Birds might be kild with the same bol● no sooner vvas Dr. Price deceased but the Bishop of Lincoln being then at Westminster calls the Prebends together tells them that he had been with Mr. Sub-Deane before his death that he left him in very doubtfull tearmes about Religion and consequently could not tell in what form to bury him that if the Dr. had died a profest Papist he would have buried him himselfe but being as it was he could not see how any of the Prebendaries could either with safety or with credit performe that office But the Artifice and design being soon discovered took so little effect that Dr. Newel one of the Senior Prebendaries performed the Obsequies the rest of the whole Chapiter attending the body to the grave with all due solemnity Fuller I deny not but as a States-man he might do some civill offices to the Romish party in that Juncture of time in compliance to King Iames his commands But this amounteth not to prove him a Lover of Popery As for Dr. Price I will not rake into his ashes If he dyed a protestant 't was the better for him but the contrary is generally reported printed believed Dr. Heylyn Our Author proceeds Fol. 228. He was so great an honourer of the English Liturgy that of his owne cost he caused the same to be translated into Spanish and fairly printed to confute their false conceipt of our Church c. If this be true it makes not onely to his honour but also to the honour of the English Liturgy translated into more Languages then any Liturgy in the world whatsoever it be translated into Latine by Alexander Alesius a learned Scot in King Edwards time as afterward by Dr. Walter Haddon in the reign of Queen Elizabeth and his translation mended by Dr. Mocket in the time of King Iames translated into French by the command of that King for the Isles of Guernsey and Iersey into Spanish at the charge of this Bishop as our Author telleth us and finally into Greek by one Mr. Petly by whom it was dedicated and presented to the late Arch-Bishop of Canterbury the greatest Patron and Advancer of the English Liturgy But secondly I have some reason to doubt that the Liturgy was not translated at the charges of Bishop Williams That it was done by his pocurement I shall easily grant but whosoever made the