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A40706 A dialogue betwixt Philautus and Timotheus in defence of Dr. Fullwood's Legas Angliæ against the vindicator of Naked truth, stiling himself Phil. Hickeringill. Fullwood, Francis, d. 1693. 1681 (1681) Wing F2499; ESTC R7930 24,716 36

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opposest stoutly by way of exception and then thou comest off as mildly by way of Concession 1. By way of exception thou say'st many things to no purpose 1. Thou repeatest thy illegal error that Hen. 8. was made when he was only declared to be Head of the Church by Act of Parliament but had it been both a truth and Law what had that done to dissolve the Jurisdiction 2. Thou recitest an impertinent Assertion viz. That the King and Parliament advised about new Church-Laws must we have a new Government every time we have new Laws 3. Thou tellest according to thy wont some old stories about Abby-Lands as much to the business 4. Thou laugh'st at a resemblance which the Doctor brought from a Mannor where though the Lord be changed the Customs Officers and Courts may not be changed Here thou namest some particular Customs that were actually changed by Law in Hen. 8's time never considering how thou undoest thy self For the change of those particular Customs mentioned are a clear confirmation of those Customs much more the Courts and Officers which are left unaltered 5. Thou givest us the old Crambe that the Popish Convocation of Q. M. thought otherwise and that thou may'st think as the Papists do 2. Phil. I see thou wilt not be convinc'd by Reason nothing will please except I yield the cause Tim. Now thou art kind and just too what should a man do when he can fight no longer but cry quarter But speak out man for I love to hear thy Concessions plain and full Phil. No body denies as if Phil. had never done so but K. Hen. 8. did enable the Kings Courts Spiritual and Temporal but that Statute 24 Hen. 8. 12. limits the cognisance of matters cognoscible in the Spiritual Courts to these three sorts reckon well Phil. causes Testamentary Matrimonial Tithes and Oblations and Obventions Tim. This is pretty well for 1. Thou here grantest what thou hadst denied that Spiritual Courts were allow'd by Law after Hen. 8. had renounced the Popes Supremacy 2. Some matters of moment were legally cognizable in those Courts 3. I find no reason to trust thee Phil. for I find no words in that Statute limiting the Ecclesiastical Jurisdiction to those three causes Upon the whole I conclude that Phil. is a singular disputant Some of his friends are excellent indeed at confuting an Adversary by denying the Conclusion but Phil. by granting it CHAP. X. Of the Three other PROPOSITIONS Tim. IT hath appeared that the Popes headship was but a Lawless Innovation a lawless and needless usurpation upon the Crown and a superinduction to the confirmation of our Bishops c. and their power of Jurisdiction that did really operate nothing upon their efficacy and legality and that they stood firm enough as having their power from the Crown and our own Laws without any real dependance on the Pope before Hen. 8. which was the clear sence of our Laws long before Hen. 8. and of the whole Kingdom in his time and since as my Lord Coke in Cawdries Case and Sir John Davies in Lalors Case have so fully proved that thou durst not look them in the face though so often by the Doctor urged to it It hath also appeared that thus the Bishops c. and their Jurisdictions were continued and confirmed by Hen. 8. and the Doctors two first Propositions are yielded by thee under thy own hand and thou hast quit thy self bravely Phil. in first denying them and long contesting them and at last honestly yielding and granting both with a boon-grace But Phil. where shall we find the Doctor 's three other Propositions that more nearly concern'd thee Thou should'st have had courage to set them before thee as distinctly as thou didst the former though thou hadst treated them as confusedly But methinks thou art more afraid of them Phil. I was in haste and I had more important affairs in hand than to ● ult spend much time with such a scribling D. D. my Book is worth the reading for my useful Stories and Poetry Thou wilt find upon a diligent search that I have said as much as I had a mind to to each of those Propositions though I am sensible enough 't is somewhat loosely Tim. For once Phil. I am content to rake among thy Rubbish though no man else would endure the scent Indeed I find something or nothing about the third Proposition and by the by a lap and away as Canis ad Nilum in pag. 16. though here I expected thy whole strength Give me leave to set it down before thee and see how thou lookest upon it CHAP. XI The Doctors Third PROPOSITION Ecclesiastical Jurisdiction is lawfully exercised without the King's Name or Stile in Processes c. notwithstanding the 1 Edw. 6. 2. Tim. THe Doctor thought himself concerned to prove this substantially by giving good evidence that the 1 Edw. 6. 2. was repealed He argued it largely from Authority common practice and Law shewing plain Statutes now in force to maintain his Point Here Phil. the world expected thou should'st speak to purpose or be silent for ever but how and where shall we find this expectation or the Doctor answered Phil. I have not willingly omitted to give answer to all and every the idle cavils and exceptions in his Book pag. 26. My answer is 1. I deny the Authority of the Twelve Judges that declared that 1 Edw. 6. 2. is repealed 〈◊〉 16. take in the King and Council too my own is better especially having a Vote of the House of Commons in 1640. on my side Tim. Now Phil. I am afraid of thee and of thy cause nay thou art afraid thy self what flie to a House of Commons in 40 and to a vote of that House and to a Vote of that House that speaks not one word to the point in hand the very words of it as set down by thy self disprove thee to thy face thou know'st that Vote hath not a tittle in it touching this Statute of 1 Ed. 6. 2. which is the thing in debate nor yet concerning Ecclesiastical Jurisdiction and is only concerning the power of the Convocation to make Canons without a Parliament But thou closest the Point with a sweet Note Indeed none are so fit to answer the Arch-deacon as such a Parliament Reflect a little Phil. and see how this point stands after all thy spite is spent upon it thou excepts against the Authority of those Twelve Judges but how dost thou answer the reasons of their Judgment which they honestly set down as the Doctor shew'd out of my Lord Coke upon Ja. 4. not a word of that what saist thou to the constant practice both of the Crown and all the King's Courts Civil and Spiritual contrary to that Statute ever since on which the Doctor enlarged Mum. Phil. I am quite tired with his impertinencies p. 26. he is such a prater p. 16. I leave him to the Parliament and the point too p. 19. Tim.