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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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like and reckoned him for a reproach to the holy improvements of the Sabbath by justifying his Disciples in plucking off the ears of Corn upon that day commanding the man whom he had cured of his diseases to take up his bed and walk though upon the Sabbath and finally giving this general Aphorism to his Disciples That the Sabbath was made for man and not man for the Sabbath Then which there could be nothing more destructive of those superstitions wherewith that day was burthened by the Scribes Pharisees and thereby more accommodated to the ease of the Ox and Asse then to the comfort and refreshment of the labouring man might not the latter Rabines among the Jews defend themselves in those ridiculous niceties about the keeping of that Sabbath Queen-Sabbath as they commonly call it for which they stand derided and condemned by all sober Christians by reckoning them for such holy improvements as D. Bound and his Disciples have since encogitated and devised to advance the dignity of the Lords day Saints Sunday as the people called it in times of Popery to as high a pitch Restore the Lords day to that innocent freedom in which it stood in the best and happiest times of Christianity and lay every day fresh burthens upon the consciences of Gods people in your restraints from necessary labours and lawful pleasures which neither we nor our forefathers have been able to bear though christned by the name of holy improvements The coming out of Barbours's Book Printed and secretly dispersed Anno 1628. but walking more confidently abroad with an Epistle Dedicatory to his Sacred Majesty about five years after declare sufficiently what dangerous effects your holy improvements had produced if not stopt in time and stopt they could not be by any who maintain your Principles that poor man being then deceived into the errour of a Saturday Sabbath a neer neighbour of this place hath been of late by the continual inculcating both from the Pulpit and the Press of the perpetual and indispensable morality of the fourth Commandment as it hath been lately urged upon us But so much hath been said of this by others and elsewhere by me that I forbear to press it further nor indeed had I said thus much had you not forced me upon it for my own defence 18. And for those most unjust as well as uncharitable speeches those bitter reproaches as you call them afterwards which you charge upon me in reference to my brethren whom I take for adversaries when you have told me what they are and of whom they are spoken and where a man may chance to find them I shall return a more particular answer to this calumny also but till then I cannot In the mean time where is that ingenuity and justice you so much pretend too you make it foul crime in me not easily to be washed away with the tears of repentance that I have used some tart expressions which you sometimes call bitter reproaches sometimes unjust and uncharitable speeches against my brethren many of them being my inferiours and the best but my equals and take no notice of those odious and reproachful Attributes which you have given unto your Fathers all of them being your superiours de facto though perhaps you will not grant them to be such de jure You call me in a following passage the Primipilus by which I finde you have studied Godwin's Antiquities or chief of the defenders of the late turgid or persecuting sort of Prelates whither with greater scorn to me or reproach to them it is hard to say the merit of the accusation we shall see anon I note here only by the way in S. Paul's expression that that wherein you judge another you condemn yourself seeing you do the same things and perhaps far worse But to return unto my self take this in general that though I may sometimes put vinegar into my inck to make it quick and opulative as the case requireth yet there is nothing of securrility or malice in it nothing that savoureth of uncharitableness or of such bitter reproaches as you unjustly tax me with But when I meet with such a firebrand as M. Burton whose ways you will not seem to justifie in that which followeth I hope you cannot think I should pour Oyl upon him to encrease the flame and not bring all the water I had to quench it whither soul or clean Or when I meet with such unsavoury peices of wit and mischief as the Minister of Lincoln Diocesse and the Church Historian would you not have me rub them with a little salt to keep them sweet The good Samaritan when he undertook the care of the wounded passenger is said to have poured into his wounds both Oyl and Wine that is to say the Oyl to cherish and refresh it and the Wine to cleanse it Oleum quo foveatur Vinum quo mordeatur as I have read in some good Authors he had not been a skilful Chyrurgion if he had done otherwise one plaister is not medcinal to all kind of sores some of which may be cured with Balm when others more corrupt and putrified do require a lancing but ●o I shall not deal with M. Baxter nor have I dealt so with others of his perswasion insomuch that I have received thanks from the Ministers of Surrey and Buckingham shire in the name of themselves and of that party for my fair and respectful language to them both in the Preface to my History of the Sabbath and the Conclusion to the same 19. But you go on and having given me some good councel which I shall thank you for anon you tell me that besides those many bitter reproaches of my Brethren which I take for adversaries I rise unto such bloody desires of hanging them as the better remedy then burning their Books For this you point us to the History of the Sabbath pag. 2 pag. 254. and in the general Preface to Ecclesia vindicata Sect. 8. In which last place we find it thus That partly by the constancy and courage of the Arch-Bishop Whitgift who succeeded Grindal Anno 1583. the opportune death of the Earl of Leicester their chief Patron Anno 1588. and the incomparable pains of judicious Hooker Anno 1595. but principally by the seasonable execution of Copping and Thacker hanged at Saint Edmonds bury in Suffolke for publishing the Pamphlets of Robert Brown against the Book of Common-prayer they became so quier that the Church seems to be restored to some hopes of peace Nothing in this that savoureth of such bloody desires as you charge upon me I am sure of that and there is little more then nothing in the other passage where speaking of D. Bound's Book of Sabbath-Doctrines and the sad consequents thereof I add that on the discovery of it this good ensued that the said Books were called in by Arch Bishop Whitgift in his V●sitations and by several Letters and forbidden to be Printed and made common by Sir
John Popham Lord Chief Justice at the Assizes held at Bury and thereunto I subjoyned these words viz. Good remedies indeed had they been soon enough applied yet not so good as those which formerly were applied to Thacker and his fellow Copping in the aforesaid Town of Bury for publishing the Books of Brown against the Service of the Church But here is no mention not a syllable of burning the said Books of Sabbath-Doctrines but only of suppressing and calling in Which makes me apt enough to think that you intended that for a private nip relating to a Book of mine called Respondit Petrus which was publiquely voyced abroad to have been publiquely burnt in London as indeed the burning of it was severely prosecuted though itscaped the fire a full account whereof being too long to be inserted in this place I may perhaps present you with in a place by it self And secondly what find you in that latter passage which argueth me to be guilty of such bloody desires as I stand accused for in your Letter Cannot a man report the passages of former times and by comparing two remedies for the same disease prefer the one before the other as the case then stood when the spirit of sedition moved in all parts of the Realm but he must be accused of such bloody desires for makeing that comparison in a time of quietness in a time of such a general calm that there was no fear of any such tempest in the State as did after follow If this can prove me guilty of such bloody desires the best is that I stand not single but have a second to stand by me of your own perswasion for in the same page where you find that passage viz. page 254. you cannot chuse but find the story of a Sermon Preached in my hearing at Sergeants Inn in Fleetstreet in which the Preacher broach'd this Doctrine That temporal death was at this day to be inflicted by the Law of God on the Sabbath breaker on him who on the Lord's day did the works of his daily calling with a grave application to my Masters of the Law that if they did their ordinary works on the Sabbath day in taking fees and giving counsel they should consider what they did deserve by the Law of God The man that Preached this was Father Foxly Lecturer of S. Martins in the Fields Superintendent general of the Lecturers in S. Antholin's Church and Legate à Latere from the Grandees residing at London to their friends and agents in the Countrey who having brought these learned Lawyers to the top of the Ladder thought it a high piece of mercy not to turn them off but there to leave them either to look after a Reprieve or sue out their Pardon This Doctrine you approve in him for you have passed it quietly over qui tacet consentire videtur as the saying is without taking any notice of it or exceptions against it and consequently may be thought to allow all those bloody uses also which either a blind superstition or a fiery zeal shall think fit to raise But on the other side you find such bloody desires in the passages before remembred which cannot possibly be found in them but by such a gloss as must pervert my meaning and corrupt my text and it is Male dicta glossa quâ corrumpit textum as the old Civilians have informed us 20. But to come nearer to your self May we be sure that no such bloody desires may be found in you as to the taking away of life in whom we find such merciless resolutions as to the taking away of the livelyhood of your Christian Brethren The life of man consists not only in the union of the soul and body but in the enjoyment of those comforts which make life valued for a blessing for Vita non est vivere sed valere as they use to say there is as well a civil as a natural death as when a man is said to be dead in law dead to the world dead to all hopes of bettering his condition for the time to come and though it be a most divine truth that the life is more then food and the body then rayment yet when a man is plundered both of food and cloathing and declared void of all capacities of acquiring more will not the sence of hunger and the shame of nakedness be far more irksome to him then a thousand deaths How far the chiefs of your party have been guilty of these civil slaughters appears by the sequestring of some thousands of the Conformable and Established Clergy from their means and maintainance without form of Law who if they had done any thing against the Canons of the Church or the Laws of the Land were to be judged according to those Laws and Canons against which they had so much transgressed but suffering as they did without Law or against the Law or by a Law made after the fact a●ainst which last his Highness the late LORD PROTECTOR complaineth in his Speech made in the year 1654. they may be truly said to have suffered as Innocents and to be made Confessors and Martyrs against their wills Either they must be guilty or not guilty of the crimes objected If they were guilty and found so by the Grand Inquest why were they not convicted and deprived in due form of Law If not why were they suspended sine die the profits of their Churches sequestered from them and a Vote passed for rendring them uncapable of being restored again to their former Benefices Of this if you do not know the reason give me leave to tell you The Presbyterians out of Holland the Independents from New England the beggerly Scots and many Tr●n ch●r-Chaplains amongst our selves were drawn together like so many Vultures to seek after a prey for gratifying of whom the regular and established Clergy must be turned out of their Benefices that every Bird of r pine might have its nest some of them two or three for failing which holding by no other Tenure then as Tenants at will they were necessitated to performe such services as their great Patrons from time to time required of them 21. Now for your part how far you are and have been guilty of these civil slaughters appears abundantly in the Preface which is now before us in which you do not only justifie the sequestring of so many of the regular and established Clergy to the undoing of themselves and their several families but openly profess That you take it to be one of the charitablest works you can do to help to cast out a bad Minister and to get a better in the place so that you prefer it as a work of mercy before much sacrifice Which that it may be done with the better colour you must first murther them in their fame then destroy them in their fortunes reproaching them with the Atributes of utterly insufficient ungodly unfaithful scandalous or that do more harm then good
occasion and finally acknowledging that the principal part of what he intended was in a Book of M. Dow's But scarce had he absolved me from it when he indeavoured presently to make good the charge out of some scattered passages in a Book of mine against M. Burton published in the year 1637. so that it seems to be my fortune to be called unto as late a reckoning by M. Baxter for some passages in my Answer to Burtons most seditious Pamphlets and by D. Barnard and him both for some things taken up here and there out of my History of the Sabbath first published in the year 1635. And as if this had not been enough to quicken me to a new encounter he passeth from one point unto another charging me with profaneness in reproaching extemporary Prayer and being an enemy to the holy improvements of the Lord's day c. accusing me for many unjust as well as uncharitable speeches against my brethren for having some bloody desires and making such rigorous Laws to hang up all that are against me for speaking more favourably of the Papists then the Protestant partie with many other things intermixed here and there in some of which he disputes against me and in others he desires to be satisfied by me So that taking one thing with another he hath afforded me work enough in returning an answer which being to long to be contained in a Letter I have digested it Letter-wise into a set discourse upon all particulars which are offered to me Now M. Baxter's Letter was as followeth The Copy of M. Baxter's Answer to the first Letter of D. Heylyn's Reverend SIR I Received yours of September 13. containing your favourable judgment of my extorted discourse of Grotius his Religion with your exception of that only which concerns your ●elf And first you here wish I had spared your name unless I could have proved you to have been one of that Religion which y●u think I cannot or found some more particular charge against you c. To which I answer First I now wish I had spared your name my self for the reason that I shall render you anon But secondly I never gave the least intimation that I took you to be of Grotius Religion and therefore you need not call for proof of it it is another subject the sensing of the word Puri an that I am speaking of where I mention your name I hope you think not that I charge every man with the same opinion that is but named by me in the same Book Thirdly Yea I did not so much as charge you at all that is accuse you but tell the world who you took for a Puritan Concerning which words in Answer to the rest of your Letter I shall give you the just account I had read on one day above 20. years ago when it first came out your Book against M Burton and M. Dow's Book against him and I think one of M. Pocklinton's on another occasion I certainly remembred the foresaid character of a Puritan in one of them and I was perswaded that it was in yours and that something of it more or less was in both I now confess to you it was my temerity the concomitant of hast to mention you upon the trust of my memory after above 20. years time for I never had your Book since and now upon search I find the principal part of what I intended is in M. Dow's who charactereth them from their Doctrines of predestination perseverance or non-ability to fulfill the Law c. 4. But so much of it I find in yours as justifieth what I said of you if I can understand you you deal with M. Burton as the Puritans Oracle page 152. their superintendent Champion c. Preface And your description of him containeth first that he follows Illyricus in his Doctrines providentia predestinatione gratia libero Arbitrio c. pag. 182. And to satisfie us fully what you meant you refer us to the Arminians necessaria responsio pag. 83 where with pag. 82. 84 85. it is expresly manifest that it is the Doctrine of Pareus and the rest of the Contra-remonstrants that the Arminians there do charge upon Illiricus and consequently that you do charge on M. Burton the Oracle as you call him of the Puritans and so upon the Puritans with him If you say you charge not these on him quatenus a Puritan I Answer You carry it openly in all your Book as if you dealt with him only as a Puritan and seditious and so describe Puritans by him If you mix such Doctrinal charges and afterwards tell us that you meant them on some other account you satisfie your Reader that understandeth you as describing Puritans only when you so often give the person described that name and profess to oppose him as such and tel us of no other ground And what else you mean by their accustomed wresting of the Article in the point of predestination is past my understanding there being no accustomed Doctrine but the Anti-Arminian among the Puritans in the point of Predestination that you can call a wresting of the Article you add also to help us further to understand you that it is false that D. Jackson ' s Books are to maintain Arminianism pag. 122. 123. 5. Sir You are the expounder of your own words and may give us the Law in what sense we shall understand them because they are the signs of your own mind which is known only to your self And if you shall but tell me that you meant somewhat else then your words in the common sense import I shall take my self bound to understand you accordingly hereafter and if you require it I shall willingly publish an account of my mis-understanding of you with my following satisfaction to the world to do you right But till you shall give us another sense of your own you must needs allow us to take your words in the common sense 6. I shall not trouble you with any more on that subject But were it not that in your writings I ●avour a spirit so very distant from my disposition that I have small hopes that my words will escape your displeasure I should on this occasion have dealt freely with you about many things in many of your Books that have long been matter of scandal and grief to men that have much Christian meekness and moderation Many reproaches against extemporary Prayer the holy improvement of the Lords day c. with many unjust as well as uncharitable speeches of your Brethren whom you took for adversaries are matters that I am exceeding confident you have exceeding cause in tears and sorrow to bewaile before the Lord and for which you are very much obliged to publish your penitential lamentations to the World and were it my case I would not for ten thousand Worlds dye before I had done it and if I erre in this I think it not through partiality but through weakness Oh the
any little outward lustre they then cried on the other side O the pride of the Clergie But tell me M. Baxter if you can at the least in what the turgidness or the high swelling pride of the Prelates did appear most visibly was it in the bravery of their apparel or in the train of their attendance or in their lordly port or lofty looks or in all or none Admitting the worst and most you can of these particulars would you have men that shine in an higher Orb move in a lower Sphere then that in which God hath placed them o● being ranked in order and degree above you would you not have them keep that distance which belongs to their places or because you affect a Paritie in the Church and perhaps in the State would you have all men brought to the same level with your self without admitting sub and supra in the Scale of Government If they were your Fathers in God why did you not look upon them with such reverence as becometh children If your superiors in the Lord why did you not yield them that subjection which was due unto them If fixt in place and power above you by the Laws of the Land only and no more then so why did you not give obedience to those Laws under which you lived and by which you were to be directed Take heed I beseech you M. Baxter that more spiritual pride be not found in that heart of yours then ever you found worldly and external pride in any of my Lords the Bishops and that you do not trample on them with a greater insolence calco Platonis fastum sed majore fastu as you know who said in these unfortunate dayes of their calamity then ever they exprest towards any in the times of their Glory Were it my case as it is yours I would not for 10000 worlds depart this life before I had obtained their pardon and given satisfaction to the world for these horrible scandals 25. This leads me from your uses of reproofs or reprehension which for my better method I have laid together to that of Exhortation which comes next in order For having told me of my many reproaches against extemporary prayers the holy improvements of the Lords day c. with my uncharitable as well as unjust speeches against my brethren you adde how confident you are that they are matters which I have exceeding cause in tears and sorrow to bewail before the Lord and for which I am very much obliged to publish my penitential lam●ntations to the world and that if it were your case you would not for 10000 worlds dye before you had done it This is good counsel I confess if it were well grounded and as divine ●hysick as could be given if it were properly administred as it ought to be But let me tell you M. Baxter you goe not the right way to work in your Application you should first convince me of my errours before you presse me to a publick Recantation of them and make me sensible of my sins before you preach repentance to me or can require such a solemn and severe repentance as you have prescribed It was in the year 1635. that the History of the Sabbath was first published which if it doth contain such matters of Reproach against the holy improvements of the Lords day as you say it doth why hath it not been answered in all this time my errors falsities and mistakes layd open in the sight of the world It is true that in the Postscript of a Letter writ from Dr. Twisse to the late Lord Primate bearing date May 29. Anno 1640. I find it signified with great joy no question that M. Chambers of Clouford by Bath hath long agoe answered Dr. Heylins History of the Sabbath but knew not how to have it printed But this was nothing but a flourish a cup of hot water as it were to keep life ●nd soul together till the pang was over For M. Chambers might as well know how to get his Book printed had he been so pleased as M. Byfield of Surry could get a Book of his printed in answer to that of Dr. White then Lord Bishop of Ely which came out at the same time with that History Or if he could not get it printed before that time which the Doctor speaks of I am sure he might have done it since the Presse being open to all comers but to none more then unto such as write against the Government and established Orders of the Church of England And it is more then 20. years since I published that Book so much complained of against M. Burton in which I answered all his Objections against the preheminence of Bishops their function in the Church the exercise of their Jurisdiction and cleared them from the guilt of all innovations in Doctrine Discipline and Forms of Worship which M. Burton in a furious zeal had laid upon them Why hath not that been answered neither in which the differences between us are so briefly handled that it would have required no great study but that the truth is mighty and prevaileth above all things Giue me but a satisfactory answer to those two Books not nibling at them here and there like a Mouse at a hard piece of Cheese which he cannot Master and then you may take further time to look into the History of Episcopacy and that of Liturgies Give me I say a full and satisfactory answer to those two Books and you shall find I have a malleable soul that I shall be as ready to publish my penitential Lamentations to the world as Origen did his in the Primitive times and cast my self as Esebollus did before the dores of the Church and call upon the Congregation passing in and out to trample on me for an unsavoury piece of salt calcate me tanquam salem insipidum fit only to be thrown on the common dunghil Till you do this you have done nothing but must leave me in the same state in which you found me and when you doe it I hope you will give me leave to use your own words and say that if I have erred it hath been through weakn●sse not by partiality much lesse by any willful opposition to a manifest truth 26. This said you fall into rapture and cry out Oh the holy breathings after Christ the love to God the heavenly mindedness the hatred of all known sin the humility self denial meekness c that you have discerned as far as effects can sh●w the heart to others in abundance of those people that differ from you in some smaller things Here is a Panegyrick indeed fit only for Angelical spirits or such at least as live only on the food of Angels How well accommodated and applyed to the present subject we shall best perceive by consulting some of the particulars Some of your holy breathings we have seen before and shall see more in that which follows tell me then what you think of
personal conference to have any disputes or contentions with me in that or any other subject and finally which most concerned me in relation to the present business he had apparantly declined to appear in any thing for the reversing of that Order which was supposed to have been made by the Lords of the Councel it being improper as he saith for him to interpose therein with the Lords of the Council to whom he had been no mover in it and no more concerned in that Order then he saith he was so that I found my self necessitated to tack about and try if I could stere my course by another compass Hac non successit alia tentandum est via as it is in the Comedy 56. For D. Barnard having thus left the field without so much as looking towards it at all and left the business in the same state in which he found it the next morning I addressed some few lines unto the Lord Mayor Sir Richard Chiverton a person of known prudence and moderation beseeching him that if any such Order had been sent unto him from the Lords of the Council he would be pleased to respite the execution of it for a day or two there being litle doubt on my part but that I might be able within that time to procure an Order from the Council for the reversing of that Judgment if any such judgment had been given in the case before to which Letter the Lord Mayor returned this answer by word of mouth That he would not be over hasty in a business of that nature and that he had commited the Book to the perusal of some grave and learned Divines about the City and that having received their opinions of it he should be better able to resolve what he had to do On the return of which answer I presently applied my self to a chief Personage in the Council of State from whom I might assure my self of all lawful favours But there I found I had been in an error all this while as to that particular that honourable Person giving me to understand that no such Order had been made by the Council as to the burning of the Book that information had been made by the Council as to the burning of the Book that information had been made to the Bar against it with no small importunity by him that followed the imformation For having Order from their Lordships for the burning of it according to the Ordinance mentioned in the Doctors Letter finally that the Council did no more in it then to commit the whole matter to the Lord Mayor of London to be proceeded in according to his discretion 57. Being thus assured from all fear and danger on that side I made it my next business to enquire after the names of those to whom the Lord Mayor had committed the perusal of it and understanding who they were I was less solicitous then before For well I knew that men of so much modesty as I knew some of them to be would not be easily moved to pronounce any thing rashly either of the Book or of the Author especially considering that if that Book should be condemned to the fire not only many of the Ancient Fathers but even Calvin Beza Zanchius Vrssin and many other leading men of the Reformation must have suffered in the same flame also being all cited by me for the confirmation of my judgment as to that particular And so this busine●s having made so great a noise at first began as suddenly to repose and in short time to come to nothing there being nothing effected by it but a continuation of the fame made greater by the spreading of it and findthe more credit the farther it went according to the nature of such reports which we have thus described by Ovid in his Metamorphosi● where he lays down the Character of the House of Fame Ovid. Metamorph. lib. 12. lata est ex are sonanti Lata fremit vocesque refert iteratque quod audit c. Atria turba tenet veniunt l●ve vulgus exeuntque Mixtaque cum veris passim commenta vagantur c. Hi narrata ferunt alio mensuraque ficti Crescit auditis aliquid novus adjicit Autor Which with the rest are thus translated by George Sandys All built of ringing brass throughout resounds They hear reports and every word rebounds c. Hither the idle vulgar come and go Millions of rumors wander too and fro Lyes mixt with truths in words that vary still Of these with news unknowing ears some fill Some carry tales all in the telling grows And ev'ry Author adds to what he knows 58. According to this Character of the House of Fame the report of burning the Book aforesaid being taken thence flew far and grew the greater by the flying affirmed so confidently to be true by some whose business it was to disperse the fame as if the very flame and smoake of the fire which burned it might easily have been discerned at High-Gate or from Shooters-Hill But false fires are of short continuance so hath this been also the sooner quencht if by my satisfying you I may give satisfaction unto all the rest who have been abused in the report Had D. Barnard done me right or consulted his own credit in it I might have saved the pains of writing and you the trouble of reading this present Narrative But being as it is we must thank him for it who having so imprudently begun the quarrel refused to justifie it by the pen or a personal conference which had he done there would have been no need of any such fame which might either never have been conceived or else might have been strangled in the birth without the least wrong to any But D. Barnard thought himself secure enough from falling into any such disgrace for publishing the Lord Primates Judgment c. as was intended to the Book and the Author of it by which he found it to be answered and therefore pleads it fitter for him to take his ease and let things happen as they would In that point not so equal and impartial as the Heathen Orator who held it most agreeable to the rules of Justice Vt qui in eadem causa sint in eadem item essent fortuna That they who were partakers in any cause should be partakers also in the fortune which did follow on it But I hope of more equality or impartiality rather from you then I did from him And therefore if your zeal transport you to execute such a private judgment upon that Book as it hath not suffered in the publique because you like not the opinions therein contained you may do well to let D. Barnard's Book consume in the same fire also as having given the first occasion to these new disturbances which are the grounds of your dislike And so I leave you unto that Dilemma which I find in Ausoniu● viz. Vel neutrum stammis ure velure duos Decemb. 14. 1658.
cutting off and tearing up all roots that do naturally shoot and spring up into such branches To conclude if the Congregation of the People in law to be made had such power as was shewn and in the law so made the ultimate Appeal lay unto the Sanhedrim why are not here two Estates in this Commonwealth each by Gods own Ordinance and both plain in Scripture Well but when they came you will say to make unto themselves Kings what ever power they had formerly was now lost this at best were but to dispute from the folly of a people against an Ordinance of God for what less is testified by himself in those words to Samuel They have not rejected thee but they have rejected me that I should not raign over them The Government of the Senate and the people is that onely which is or can be the Government of Lawes The Government of Lawes is that onely which is or can be the Government of God and not of men He that is for the Government of Lawes is for the Government of God and he that is for the Government of Man is for the Government of a Beast Kings no question where the ballance is Monarchical are of divine right and if they be good the gr●atest blessing the Government so standing can be capable of but the ballance being popular as in Israel in the Gretian in the Scicilian Tyranny they are the direst curse that can befall a Nation Nor are Divines who will alwaies have them to be of divine right to be hearkened too seeing they affirm that which is clean contrary to Scripture for in this case saith Hosea They have set up Kings and not by me they have Princes I knew it not Pharoah may impose the making of Brick without the allowance of straw but God never required of any men or of any Government that they should live otherwise then according to their Estates It is true if a Man want make him a servant there are rules in Scripture that enjoyn him the duty of a servant but shew me the rule in Scripture that obligeth a man who can live of himself unto the duty of a servant Hath God less regard unto a Nation then a man yet the people of Israel continuing upon a popular Agrarian though God forewarned them that by this means they would make themselves servants would needs have a King whence saith the same Prophet O Israel thou hast destroyed thy self but in me is thine help I will be thy King which foretells the restitution of the Common-wealth Where is any other that may save thee in all thy Cities and thy Judges of whom thou saidst give me a King and Princes I gave th●e a King in mine anger that is in Saul and I took him away in my wrath that is in the Captivity so at least saith Rabbi Bechai with whom agreed Nachmony Gers●ho●e and others Kimchy it is true and Maim●●ides are of opinion that the people making a King displeased God not in the matter but in the form onely as if the root of a Tree the ballance of a Government were form onely and not matter nor do our Divines yet who are divided into like parties see more then the Rabbies Both the Royalists and the Common wealths men of such sort that is whether Divines or Talmudists appeal unto the letter of the Law which the Royalists as the translators of the Bible render thus When they shall say the Commonwealths men a● Diodatus thus If thou come to say I will set a King over me like all the Nations that are about me thou shalt in any wise set him King over the● whom the Lord thy God shall chuse The one party will have the Law to be positive the other contingent and with a mark of detestation upon it for so where God speaketh of his peoples doing any thing like the Nations that were about them it is every where else understood but let these which are no niceties be as you will who seeth not that to argue from this place for the necessity of the King is as if one from that foregoing should argue for the necessity of the Judges The words are these Thou shall come unto the High Priest and to the Levite which as was said was unto the Sanhedrim and that is or to the Judge that shall be in those dayes yet that the Judge not by any necessity implyed in these words but through the meer folly of the people came to be set up in Israel is plain by Josephus where he showes that the Israelites laying by their Arms and betaking themselves unto their pleasures while they did not as God had commanded root out the Canaanites from among them but suffered them to dwell with them suffered also the form of their Commonwealth to be corrupted and the Senate to be broken the Senators nor other solemn Magistrates being Elected as formerly which both in word and fact is also confirmed by the Scripture In words as where it is thus written When Josuah had let the people go that is had dismissed the Army and planted them upon their popular ballance the children of Israel went every man unto his inheritance to possess the Land and the people served the Lord all the days of Josuah and all the days of the Elders that out lived Josuah that is while the Sanhedrim continued after him but when the Elders hereof came to dye and the people elected them no successors they did evil in the sight of the Lord and having broken their civil Orders forsook also their Religion the Government whereof depended upon the Sanhedrim and served Baalim And for the matter of fact included in these words it farther appears where Judah saith unto Simeon his brother Come up with me into my lot that we may fight against the Canaanites and I likewise will go with thee into thy l●t so Simeon went with him By which the Tribes leaguing at their pleasure one with another it is plain that the Sanhedrim their common ligament was broken now except a Man shall say that this neglect of Gods Ordinance was according unto the Law of God there is no disputing from that Law to the necessity of the Judge which hapned through no other then this Exigence quippe aut rex quod abominandum aut quod unum liberae civitatis consilium est Senatus habendus est wherefore the judge of Israel was not necessitated by the will of God but foreseen onely by his providence not imposed by the Law but provided by it as expedient in case of necessity and if no more can be pleaded from the Law for the Judge against whom God never declared much less is there to be pleaded from the same for the King against whom he declared so often There is nothing more clear nor certain in Scripture then that the Commonwealth of Israel was instituted by God the Judges and the King no otherwise then through the imprudence
all Subterfuges which wit or cunning can devise to save himself from the sence and guilt of a conviction In which Respect as the Lord Chancellor Egerton was wont to say of Dr. Day then being Dean of Windsor and Provost of Eaton that he was the best at creeping out of the Law of any that ever came before him so it may be affirmed of the present Appealant that he hath an excellent way of avoiding that Argument the strength whereof he cannot Master as will appear to any equal and judicious Reader And other Arguments there are which he ●o avoideth as to make no Answer to them at all of which sort most especially are those Charges in the Adnimadversions as that about the Brittish Laws a Copy whereof was desired from Luciu● by Pope Euleutherius num 14 His bringing the H●ns and Vandals out of the Cimbrick Chersonese the first whereof inhabited beyond the Fennes of Meotis in the Greater Asia the othes in the Dukedom of Mertlenburg on this side of the Bullich num 49. His bringing of the Brittish Lawes into the Collection made by K. Edward the ●onfessor num 53. that about St. Stephens Chappel num 64. His making of Cardinal Beawfort to be the founder of the Hospital of S. Owsse near Winchester num 106. His skipping over the Head of Henry of Albret the second Husband of the Dutchess of Alanzon sister to King Francis the first of France num 108. His making Cain to be one of the four primitive persons in the beginning of the world which must be understood of the time when he killed his Brother num 129. His not distinguishing between the first Liturgy of K. Edw. the 6th and a form of administring the Communion made the year before And numb 136. his not Answering to the Argument in behalfe of the Articles agreed upon in Convocation An. 1552. nor numb 141. to that against Conning of Loyalty by Heart out of the Statute of succession derived from the short time which intervened between the making of that Statute and the Raign of Queen Mary And num 143. His making Callis not to be worth the charge which it cost in keeping num 150. His Ascribing the precedings of some Bishops to a power given them by the Canons at what time no such Canons were made as the Author dreams of num 165. His passing over the Statute 23. of Eliz purposely made for suppressing the impetuosities of the Puritan faction num 175. His two mistakes in making Bancroft Bishop of London to be present at the framing of the Lambeth Article and num 189. and the Lady Margarets Professor in Cambridge to continue in his place from three years to three years num 190. Thesulri his placing the Earl Marshal before the Constable as if the one had gone before the other in that Royal Pomp when as they march by two and two num 229. Some he cuts off with an c as numb 130. in Baulking the Discovery of such Lands as are held Tith free under colour of belonging to the Cistercians Templers and Hospitalers and num 135 about the sitting of the Lords of the Councell on Sundays as well as others Holy-days for affairs of State and num 144. about the Priviledges granted in the Convocation by Act of Parliament and num 855. touching the reasons which induced Queen Elizabeth not to commissionate the Clergy in her first Convocation to treat of any thing which concerned Religion besides divers others And many Paragraphs there are in the Animadversions which he hath totally preter mitted without taking any notice of them at all as viz. Num. 130. 135. 138. 140. 158. 163. 176. 177. 178. 182. 197. 201. 202. 204. 207. 208. 209. 210. 212. 218. 275. 278. 279. 280. 282. 297. 312. 320. to which for brevity sake I refer the Reader and to his Judgment also I refer the consideration of all those particulars whether he thinks them pretermitted as unanswerable or not worth the answering 5. Such being his Avoidings in matters which relate to the story only we must next see how he doth traverse such Indictments as had been brought against himself He stands suspected in the Animadversions for harbouring some disaffection to the Regal and Episcopal Government the power and Rulers of the Church and the Orders and the members of it First being touched in point of Loyalty for laying down a dangerous Doctrine in reference to the person of King Henry 6. Lib. 4. to 190. he pleads the benefit of one of the Erratas in the Animadversions where fol. 109. is mistaken for 190. and finding nothing to the purpose in the place mistaken conceives himself to be discharged by Proclamation from the Crime objected But when it comes to be considered in its proper place he maks so sorry a defence that the last words of it though but few viz. The less we touch this Harsh-string the better Musick make the best part of the Answer pag. 2. fol. 52. In the beginning of the Raign of Queen Elizabeth he advocates i● behalf of some violent spirits who being impatient to attend the leisure of Authority fell before hand to beating down of some superstitious Pictures and Images and several reasons are alledged for their justification without pretending unto any other Author out of whom he had them and this he traverseth by saying that he subjoyned somewhat in confutation of their extravigancies and somewhat is subjoined indeed but that which rather speaks the sense of others then his own Others saith he condemned their indiscretion herein because although they might reform the private persons and families yet publique reformation did belong to the Magistrate Where first those others whom he speaks of are of a different sense from him who puts such tempting reasons into the mouths of those violent hot-spurs and then he makes those others to be so indifferent as to condemn them only of some indiscretion and no higher Crime pag. 2. fol. 53. 6. Being indicted for pleading so coldly for the Hierarchy of Bishops as if he had a minde to betray the Cause he traverseth the point and tells us that possibly he might do it weakly for want of ability but not coldly for want of affection and therefore that from thence-forward he would stand by and resigne his place at the Barr to better pleaders then himself More fully thus in the Church History fol. 143. I will now saith he withdraw my self or at leastwise stand by as a silent Spectator whilst I make room so for my betters to come forth and speak in the present controversie of Church Government call it not cowardise but count it caution in me if desirous in this difference to ly at a close ward and offer as little play as may be on either side which words of his whether they do not argue rather a coldness for want of affection then any weakness or want of ability is left to the verdict of the Jurie Acoused for mitigating the scandalous offences of the