was made Knight of the Bath at the Coronation of King Iames Anno 1603. and afterwards created Lord Montague of Boughton in the nineteenth year of that King Anno 1621. which honourable Title is now enjoyed by his Son another Edward Anno 1658. And thirdly though I grant that Dr. Iames Montague Bishop of Winchester the second Brother of the four was of great power and favour in the time of King Iames. Thus far Dr. Heylin out of his Advertisements written in correction of Mr. Sandersons History of the Reign of King Iames. To rectifie this heap of Errors not to be paralleled in any Author pretending to the emendation of another I have here plainly set down the Male-pedegree of this Noble Numerous and successfull Family 1 Sir Edward Montague Lord Chief Justice in the Reign of King Henry the eighth 2 Sir Edward Montague a worthy Patriot in the Reign of Queen Elizabeth Sir Walter Montague Knight second Son died without Issue Sir Henry Montague third Son Earl of Manchester Lord Chief Justice Lord Treasurer c. Edw. Montague now Earl of Manchester besides other Sons 3 Sir Edward Montague made Knight of the Bath at the Coronation of King Iames never a Martialist and created by Him Baron Montague of Boughton dying in the beginning of the Civill Warres William Mountague Esq of the Middle-Temple second Son 4 Edward now Lord Montague of Boughton Ralfe Montague Esq second Son Edward Montague Esq eldest Son Christopher Montague third Son died before his Father being a most hopefull Gentleman Sir Charles Montague fourth Son who did good service in Ireland and left three Daughters and Co-heirs Iames Montague fifth Son Bishop of Winchester died unmarried Sir Sidney Montague sixth Son Master of the Requests Edward Montague now Admirall and one of the Lords of the Councel I presume the Animadvertor will allow me exact in this Family which hath reflected so fauourably upon me that I desire and indeed deserve to live no longer than whilest I acknowledg the same THE FOURTH BOOK From the first preaching of Wickliffe to the beginning of the Reign of King Henry the eighth Dr. Heylin OUR Author begins this Book with the Story of Wickliffe and continueth it in relating the successes of him and his followers to which he seems so much addicted as to Christen their Opinions by the name of the Gospel For speaking of such incouragements and helps as were given to Wickliffe by the Duke of Lancaster with other advantages which the conditions of those times did afford unto him he addeth That Fol. 129. We must attribute the main to Divine Providence blessing the Gospel A name too high to be bestowed upon the Fancies of a private man many of whose Opinions were so far from truth so contrary to peace and civil Order so inconsistent with the Government of the Church of Christ as make them utterly unworthy to be look'd on as a part of the Gospel Or if the Doctrines of Wickliffe must be call'd the Gospel what shall become of the Religion then establisht in the Realm of England and in most other parts of the Western World Were all but Wickliffes Followers relaps'd to Heathenism were they turn'd Jews or had imbrac'd the Law of Mahomet If none of these and that they still continued in the faith of Christ delivered to them in the Gospels of the four Evangelists and other Apostolicall Writers Wickliffes new Doctrines could not challenge the name of Gospel noâ— ought it to be given to him by the Pen of any But such is the humor of some men as to call every separation from the Church of Rome by the name of Gospel the greater the separation is the more pure the Gospel No name but that of Evangelici would content the Germans when they first separated from that Church and reformed their own And Harry Nichols when he separated from the German Churches and became the Father of Familists bestows the name of Evangelium Regni on his Dreams and Dotages Gospels of this kinde we have had and may have too many quot Capita tâ—t Fides as many Gospels in a manner as Sects and Sectaries if this world goe on Now as Wickliffes Doctrines are advanc'd to the name of Gospel so his Followers whatsoever they were must be called Gods servants the Bishops being said fol. 151. to be busie in persecuting Gods servants and for what crime soever they were brought to punishment it must be thought they suffered onely for the Gospel and the service of God A pregnant evidence whereof we have in the story of Sir Iohn Oldcastle accused in the time of King Harry the fifth for a design to kill the King and his Brethren actually in Arms against that King in the head of 20000 men attainted for the same in open Parliament and condemn'd to die and executed in St. Giles his Fields accordingly as both Sir Roger Acton his principal Counsellor and 37 of his Accomplices had been before For this we have not onely the Authority of our common Chronicles Walsingham Stow and many others but the Records of the Tower and Acts of Parliament as is confessed by our Author fol. 168. Yet coming out of Wickliffes Schools and the chief Scholar questionlesse which was train'd up in them he must be Registred for a Martyr in Fox his Calendar And though our Author dares not quit him as he sayes himself yet such is his tendernesse and respect to Wickliffes Gospel that he is loath to load his Memory with causlesse Crimes fol. 167. taxeth the Clergie of that time for their hatred to him discrediteth the relation of T. Walsingham and all later Authors who are affirm'd to follow him as the Flock their Belweather and finally leaves it as a special verdict to the last day of the Revelation of the righteous Iudgements of God Fuller First I fain would know whether the Animadvertor would be contented with the Condition of the Church of England as Wickliffe found it for Opinions and Practise and doth not earnestly desire a Reformation thereof I am charitably confident that He doth desire such an Emendation and therefore being both of us agreed in this Point of the convenience yea necessity thereof in the second place I would as fain be satisfied from the Animadvertor whether He conceived it possible that such Reformation could be advanced without Miracle all on a sodain so that many grosse Errors would not continue and some new one be superadded The man in the Gospel first saw men walking as trees before he saw perfectly Nature hath appointed the Twilight as a Bridge to passe us out of Night into Day Such false and wild opinions like the Scales which fell down from the Eyes of St. Paul when perfectly restored to his sight have either vanished or been banished out of all Protestant Confession Far be it from me to account the rest of England relapsed into Atheism or lapsed in Iudaism Turcism c. whom I behold as Erronious Christians
that the Doctor sayes is this that as the University of Cambridge was of a later foundation then Oxford was so it was long before it grew into esteem that is to say to such a measure of esteem at home or abroad before the building of Kings Colledge and the rest that followed but that the King might use those words in his discourse with the Bishop of Winchester And for the Narrative the Doctor whom I have talked with in this businesse doth not shame to say that he borrowed it from that great Treasury of Academical Antiquities Mr. Brian Twine whose learned Works stand good against all Opponents and that he found the passage justified by Sir Isaack Wake in his Rex Platonicus Two Persons of too great wit and judgement to relate a matter of this nature on no better ground than common Table-talk and that too spoke in merriment by Sir Henry Savil. Assuredly Sir Henry Savil was too great a Zealot for that University and too much a friend to Mr. Wake who was Fellow of the same Colledge with him to have his Table-talk and discourses of merriment to be put upon Record as grounds and arguments for such men to build on in that weighty Controversie And therefore when our Author tells us what he was told by Mr. Hubbard Mr. Hubbard by Mr. Barlow Mr. Barlow by Mr. Bust and Mr. Bust by Sir Henry Savil. It brings into my minde the like Pedegree of as true a Story even that of Mother Miso in Sir Philip Sidney telling the young Ladies an old Tale which a good old woman told her which an old wise man told her which a great learned Clerk told him and gave it him in writing and there she had it in her Prayer-book as here our Author hath found this on the end of his Creed Not much unlike to which is that which I finde in the Poet Quae Phaebo Pater omnipotens mihi Phoebus Apollo Praedixâ—t vobis Furiarum ego maxima pando That is so say What Iove told Phoebus Phoebus told to me And I the chief of Furies tell to thee Fuller The controversie betwixt us consists about a pretended Speech of King Henry the sixth to Bishop Wainfleet perswading him to found a Colledge at Oxford To whom the King is said to return Yea rather at Cambridge that if it be possible I may have two Universities in England A passage pregnant with an Inference which delivereth it self without any Midwifry to help it viz. that till the time of King Henry the sixth Cambridge was no or but an obsâ—ure University both being equally untrue The Animadvertor will have the speech grounded on good Authority whilest I more than suspect to have been the frolick of the fancie of S. Isaack Wake citing my Author for my beliefe which because removed four descents is I confesse of the lesse validity Yet is it better to take a Truth from the tenth than a Falshood from the first hand Both our Relations ultimately terminate in Sir Isaack Wake by the Animadvertor confessed the first printed Reporter thereof I confess S. I. Wake needed none but Sr. Isaack Wake to attest the truth of such thing which he had heard or seen himself In such Case his bare Name commandeth credit with Posterity But relating a passage done at distance some years before his great Grandfather was rockt in his Cradle we may and must doe that right to our own Iudgement as civily to require of him security for what he affirmeth especially seeing it is so clog'd with such palpable improbabilitie Wherefore till this Knights invisible Author be brought forth into light I shall remain the more confirmed in my former Opinion Rex Platonicus alone sounding to me in this point no more than Plato's Commonwealth I mean a meer Wit work or Brain-Being without any other real existence in Nature Dr. Heylin But to proceed Fol. 190. This was that Nevil who for Extraction Estate Alliance Dependents Wisdome Valour Success and Popularity was superiour to any English Subject since the Conquest Our Author speaks this of that Richard Nevil who was first Earl of Warwick in right of Anne his Wife Sister Heir of Henry Beauchamp the last of that Family and after Earl of Salisbury by discent from his Father a potent and popular man indeed but yet not in all or in any of those respects to be match'd with Henry of Bullenbrook son to Iohn of Gaunt whom our Author must needs grant to have lived since the time of the Conquest Which Henry after the death of his Father was Duke of Lancaster and Hereford Earl of Leicester Lincoln and Darby c. and Lord High Steward of England Possessed by the donation of King Henry the third of the County Palatine of Lancaster the forfeited Estates of Simon de Montfort Earl of Leicester Robert de Ferrars Earl of Darby and Iohn Lord of Monmouth By the compact made between Thomas Earl of Lancaster and Alice his Wife of the Honor of Pomfret the whole Estate of the Earl of Lincoln and a great part of the Estates of the Earl of Salisbury of the goodly Territories of Ogmore and Kidwelly in Wales in right of his descent from the Chaworths of the Honor and Castle of Hartford by the grant of King Edward the third and of the Honor of Tickhill in Yorkshire by the donation of King Richard the second and finally of a Moity of the vast Estate of Humphry de Bohun Earl of Hereford Essex and Northampton in right of his Wife So royal in his Extraction that he was Grandchilde unto one King Cousin-german to another Father and Grand-father to two more So popular when a private person and that too in the life of his Father that he was able to raise and head an Army against Richard the Second with which he discomfited the Kings Forces under the command of the Duke of Ireland So fortunate in his Successes that he not onely had the better in the Battail mentioned but came off with Honor and Renown in the War of Africk and finally obtained the Crown of England And this I trow renders him much Superior to our Authors Nevil whom he exceeded also in this particular that he dyed in his bed and left his Estates unto his Son But having got the Crown by the murther of his Predecessor it stai'd but two descents in his Line being unfortunately lost by King Henry the sixth of whom being taken and imprisoned by those of the Yorkish Faction our Author telleth us Fuller It never came into my thoughts to extend the Parallel beyond the line of Subjection confining it to such as moved only in that Sphere living and dying in the Station of a Subject and thus far I am sure I am â—ight that this our Nevil was not equal'd much lesse exceeded by any English-man since the Conquest As for Henry Duke of Lancaster his Coronet was afterwards turned into a Crown and I never intended comparison with one who became a
principal Articles and main branches of it Fuller It is an hard question and yet perchance more dangerous than difficult to answer but the reason I dare alledge is this Even so Father because it pleased thee Let me add that such conscientious observers thereof which have proved unsuccessefull may esteem their losses as Sweet-Bryar and Holy-Thistle and more cordially comfort themselves in such sanctified afflictions than the Infringers of their Charter could content themselves in their successefull oppression I cannot part from this point till I have inserted that Sir Robert Cotton one who had in him as much of the Gentleman Antiquarie Lawyer good Subject and good Patriot as any in England was the Author in his short view of the long reign of King Henry the third who made the observation of those most successefull Kings by whom the Grand-Charter was most conscienciously observed Dr. Heylin Our Author proceeds Fol. 88. The poor Jews durst not goe into France whence lately they had been solemnly banished but generally disposed themselves in Germany and Italy The poor Iews are more beholding to our Author for his commiseration than the high Royalists as he cals them in the former passage But poor or rich they might have passed safely into France had they been so minded For though he tell us that they had been solemnly banished out of France before this time yet either such banishment was repealed or temporary only or as I rather think not so much as sentenced Certain I am our learned Brerewood upon a diligent enquiry hath found it otherwise than our Author doth letting us know That the first Countrey in Christendome whence the Jews were expelled without hope of return was our Countrey of England whence they were banished Anno 1290. by King Edward the first and not long after out of France Anno 1307. by Philippus Pulcher. Not out of France first out of England afterwards as our Author would have it Fuller I wonder any good Christians would be offended with me for pittying them by the name poor Iews If any High royalist as I fear there is too many be in low Estate would it were as well in my power to relieve as to pitty them Till when they shall have my prayers that God would give them patience and support them in their deepest distresse The Author will find that though the Great General and Final banishment of the Jews out of France was Anno 1307. under Philip the Fair yet formely there had been Edicts for their Exile thence Dr. Heylin Our Author proceeds Fol. 100. Thus men of yesterday have pride too much to remember what they were the day before An observation true enough but not well applyed The two Spencers whom he speaks this off were not men of yesterday or raised out of the dirt or dunghill to so great an height but of as old and known Nobility as the best in England insomuch that when a question grew in Parliament whether the Baronesse de Spencer or the Lord of Aburgaveny were to have precedency it was adjudg'd unto de Spencer thereby declar'd the ancientest Barony of the Kingdome at that time then being These two Hughâ—he â—he Father was created Earl of Winchester for term of life and Hugh the Son by marrying one of the Daughters and co-heirs of Gilbert de Clare became Earl of Glocester Men more to be commended for their Loyalty than accused for their pride but that the King was now declining and therefore it was held fit by the prevalent faction to take his two supporters from him as they after did Fuller The two Spencers fall under a double consideration and are beheld in History for their extraction either as Absolutely in themselves Comparatively with others Absolutely they were of honourable parentage and I believe the Elder might be born a Baron whose Baronry by the Heir general is still extant in Mildmay Fane Earl of Westmorland and from the younger House of a Male Heir the Lord Spencer of Wormelayton now Earl of Sunderland doth as I have seen in his Pedigree derive himself Comparatively So were they far inferiour to most of those great persons over whom they insulted being originally Earls and some of them of Royall extraction Again the Two Spencers may and ought by an Historian to be considered as to be 1. Commended for their Loyalty 2. Condemned for their Insolency On the first account they deserve just praise and it is probable enough that they finde the lesse Favour from some Pens for being so Faithfull to so unfortunate a Soveraigne The latter cannot be excused appearing too plain in all our Histories Dr. Heylin Our Author proceeds Fol. 113. The Lord Chancellor was ever a Bishop If our Author by this word ever understands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most commonly or for the most part he is right enough but then it will not stand with the following words viz. as if it had been against equity to imploy any other therein And on the other side if he take the word ever in its proper and more natural sense as if none but Bishops had ever been advanced unto that office he doth not onely misinform the Reader but confute himself he having told us fol. 31. of this present book that Thomas Becket being then but Archdeacon of Canterbury was made Lord Chancellor and that as soon as he was made Archbishop he resign'd that office But the truth is that not onely men in holy Orders but many of the Laity also had attained that dignity as will appear to any who will take the pains to consult the Catalogue of the Chancellors and Keepers of the Great Seal in the Glossary of Sir Henry Spelman in which appear not onely some of inferior dignity as Deans Archdeacons House-hold Chaplains but many also not dignified with any Ecclesiastical Title or Notification and therefore in all probability to be looked on as meer Lay-men Counsellors and Servants to the Kings in whose times they lived or otherwise studied in the Laws and of good affections and consequently capable of the place of such trust and power Fuller May the Reader take notice that this complaint was made by the Commons in the 11th of Edward the 3d Anno 1336. Now Ever I here restrain to the oldest man alive then present in Parliament who could not distinctly remember the contrary from the first of King Edward the first who began his Reign 1272. so that for full 64. years an uninterrupted series of Bishops except possibly one put in pro tempore for a moneth or two possessed the place of Chancellors This complaint of the Commons occasioned that the King some three years after viz. in the fifteenth year of his reign conferred the Chancellors place on a Layman But it was not long before things returned to the old channel of Clergy-men and so generally for many years continued with some few and short interpositions of Lay-men Dr. Heylin Our Author proceeds Fol. 116. This year viz. 1350.
Practise fell far short of his Precepts witness his inserting of this false passage opposite to the very Letter of the Old Testament speaking of Iehojakaim King of Iudah 2 King 24.9 And he did what was evil in the sight of the Lord according to all that his Father had done Iosephus Ant. Iud. lib. 10. cap. 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This man being merciful and just by his nature c. But because it is not my Work to accuse Iosephus whom I cannot praise and prize enough but to defend my self against the Animadvertor let us proceed Dr. Heylyn There is another rule which he bound himself to that is to say Neither to omit any thing through ignorance nor to bury any thing in forgetfullness And all these cautions well observed make a perfect History Fuller Here is the Elixir indeed of Historical perfection Let a Glorified Saint write such an History of the Church-Triumphant that so there may be a just proportion betwixt the Author and his Subject both being Perfect I have met with this Distick made by reverend Bernard Gilpin upon such Sectaries as require exactness in our Church of England Optant ut careat maculis Ecclesia cunctis Praesens vita negat vita futura dabit Thus Englished by Bishop Carleton Men wish our Church no blemish had at all It cannot be so here in Heaven it shall This is true both of our Church and all Church-Histories whereof none without faults and they the best which have the fewest Dr. Heylyn But on the contrary there are some who do spend themselves on the style and dresse as if their business rather were to delight the ear then inform the judgement Others so byassed by self-ends and private interesse that they seem rather Advocates to plead for some growing party then true Reporters of affairs as they be before them Some who endevouring to be copious clap all together in a huddle which is offered to them without relation to the Ornaments and Attire of Language and others with like carelesness as unto themselves but greater inconvenience as unto the Reader examine not the truth and certainty of what they write so they write somewhat which they think may inform the Reader Betwixt these Truth is oftentimes irrecoverably lost the Reader led aside from the wayes of Verity into the crooked lanes of Error and many times conducted to such dangerous precipices as may prove destructive to himself and of ill consequence to all those which are guided by him The Errors of the Understanding in matters which may possibly be reduced to Practise are far more mischievous then those which do consist in the niceties of Speculation and advance no farther which moved the Orator not onely to honour History with the Attribute of Testis Temporum but to style it also by the name of Magistra Vitae Fuller I remember when the reverend Vice-master of Trinity College in Cambridge was told that one of the Scholars had abused him in an Oration Did he said he name me Did he name Thomas Harrison And when it was returned that he named him not then said he I do not believe that he meant me Although it is very suspicious that I am the mark aimed at in this discourse yet being not conscious of such faults to my self and because I am not named by him I will not understand my self intended till he toucheth me with more personal particularities Dr. Heylyn These things considered as they ought hath made me wonder many times at the unadvisedness of some late Writers in this kind whose Histories are composed with so much partiality on the one Side and so much inadvertency on the Other that they stand more in need of a Commentator to expound the Truth and lay it clear and open to the view of the Reader than either the dark words of Aristotle or any other obscure Piece of the ancient Writers I speak of Histories not Libels of which last sort I reckon Weldon's Pamphlet called The Court of King Iames and Wilson's most infamous Pasquil of the Reign of that King in which it is not easie to judge whether the Matter be more false or the Stile more reproachful in all parts thereof Certain I am we may affirm of them as Cremutius Cordus doth of the Epistles of Antonius and the Orations of Brutus Falsa quidem in Augustum probra sed multa cum acerbitate habent that is to say that they contained not only false and disgraceful passages against the honour of Augustus but were apparelled also in the habit of scurrilous language With such as these I shall not meddle at the present leaving their crimes unto the punishment not of an Index but an Ignis Expurgatorius as most proper for them Fuller I am not concerned at all in this Paragraph Onely let me add this in the honour of the deceased Robert Earl of Warwick who told me at Beddington that when Wilson's Book in Manuscript was brought unto him he expunged out of it more than an hundred offensive passages My Lord said I you have done well and you had done better if you had put out one hundred more Dr. Heylyn But as for those whom either the want of true intelligence or inadvertency in not weighing seriously what they were to do or the too much indulgence to their own affections have made more capable of being bettered by correction I have thought it more agreeable to the Rules of justice to rectifie their mistakes and reform their Errors than absolutely to condemn and decry their Writings Fuller REFORMING of Errors is a specious and glorious Designe especially when proportionable means are used in order thereunto But of late the word REFORMATION is grown so thredbare it hath no nap left it thereunder to cover foul acts to attain a fair end I much suspect the Animadvertor will prove such a Deforming-Reformer as our Age hath produced too many of them Dr. Heylyn At this time I have Two before me whom I conceive to stand in need of such Observations by which the truth may be preserved and the clear face of things presented to the Readers eye the one of them an Authour of Ecclesiastical the other of some Civil Histories Fuller I commend the valour of the Animadvertor to combate with Two at once odds on which Hercules himself durst not adventure I also am to deal with two the Animadvertor and Dr. Cosins but not as a Challenger but in the notion of a poor Defendant and if one be assaulted by two hundred he may and must guard himself against them as well as he can Dr. Heylyn In both I find the Truth much injured and in one the Church The Errors of the one tend not to the subversion of any publick interesse but being Errors may misguide the Reader in the way of his knowledge and discourse and therefore I have rectified him with some Advertisements not taking notice of such passages as have been made the subject of some
humbly desiring your Grace as the same hath heretofore so from henceforth to shew your Graces minde and opinion unto us what your high Wisdome shall think convenient which we shall most gladly hear and follow if it shall please God to inspire us so to doe with all submission and humility beseech the same following the steps of of your most Noble Progenitors and conformably to your our own Acts doe maintain and defend such Laws and Ordinances as we according to our calling and by Authority of God shall for his honour make to the edification of vertue and maintaining Christs faith of which your Highnesse is named Defender and hath been hitherto indeed a special Protector Furthermore whereas your said Lay Subjects say that sundry of the said Laws extend in certain causes to your excellent Person your Liberty and Prerogative Royal and to the interdiction of your Land and Possessions To this your said Orators say that having submitted the tryal and examining of the Laws made in the Church by us and our Predecessors to the just and straight Rule of Gods Laws which giveth measure of Power Prerogative and Authority to all Emperors Kings Princes and Potentates and all other we have conceiv'd such opinion and have such estimation of your Majesties goodnesse and vertue that whatsoever any persons not so well learned as your Grace is would pretend unto the same whereby we your most humble Subjects may be brought in your Graces displeasure and indignation surmising that we should by usurpation and presumption extend our Laws to your most noble Person Prerogative and Realm yet the same your Highnesse being so highly learn'd will of your own most bounteous goodnesse facilly discharge and deliver us from that envy when it shall appear that the said Laws are made by us or out Predecessors conformable and maintainable by the Scripture of God and determination of the Church against which no Laws can stand or take effect Somewhat to this purpose had been before endeavoured by the Commons in the last Parliament of King Edw. 3. of which because they got nothing by it but only the shewing of their teeth without hurting any body I shall lay nothing in this place reserving it to the time of the long Parliament in the Reign of King Charles when this point was more hotly followed and more powerfully prosecuted than ever formerly What sayes our Author unto this Findes he here any such matter as that the Laity at their pleasure could limit the Canons of the Church Or that such Canons in whatsoever touched temporals were subject unto secular Laws and National Customes And here of I desire the Reader to take special notice as that which is to serve for a Catholicon or general Antidote against those many venomous insinuations which he shall meet with up and down in the course of this History As for the case in which our Author grounds this pestilent Position it was the Canon made in a Synod at Westminster in the time of Anselm Anno 1102. prohibiting the sale of men and women like brute beasts in the open Market Which Canon not finding presently an universal obedience over all the Kingdome as certainly ill customes are not easily left when they are countenanced by profit occasioned our Author to adventure upon this bold assertion Fuller I conceived it uncivil to interrupt the Animadvertor in his long discourse until he had ended it and now professe I know not how it maketh in opposition to what I said and heartily wish that the Reader may understand it better than I doe It cannot be denyed but that the Clergy did claim and challenge a power and sometimes de facto executed it over the temporal Estates of the Laâ—ty for I behold the Clergy more bound because binding themselves by their representatives unto their Canons yet they never peaceably injoyed their Power as constantly checkt and controled by the Laws of the Land in such things wherein the Temporal Estate Life and Limb of Persons were concerned We have an eminent instance hereof in the Canon occasioning this discourse Anselme makes a Constitution and that indeed charitable and Christian against the sale of men and women like brute beasts in the open market place Now such persons sold slaves and Vassals as I understand it being the Goods and Chattels of their Masters the proprietaries and owners of their Bodies they would not part with their right in obedience to the Canon Suppose a Convocation some thirty years agoe should have made a Canon without any confirmation from Parliament That no Merchant living in England should by his Factors sell any Negroes or Blacks in the Barbadoes which formerly he had bought in Guinnie it would not oblige to the observation thereof because in such matters wherein propertie was concerned the Canon must say to the Common-Law By your leave Sir I have writen nothing in this point buâ— what I have a good Author for And seeing the Animadvertor in his Geography hath been pleased to tell a passage betwixt him and his fathers man let me relate another wherein my self was concerned knowing it to be as true and hoping it to be as well applyed Some three years since walking on the Lords day into the Park at Copthall the third son a child in coats of the Earl of Dorset desired to goe with me whereof I was unwilling fearing he should straggle from me whilest I meditated on my Sermon And when I told him that if he went with me he would lose himself he returned Then you must lose your self first for I will goe with you This rule I alwayes observe when medling with matters of Law because I my self am a child therein I will ever goe with a man in that faculty such as is most eminent in his profession à cujus latere non discedam so that if he lose me he shall first lose himself as hereafter when we grapple together in this Controversie will appear As for this particular case for I will engage no further for the present this Canon did not dispossesse Masters of their property in their Vassals and no meaner than Mr. Selden is my conductor herein stiled hereafter by the Animadvertor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that renowned Humanitian and Philologer Yea I entred my Author in the Margin had the Animadvertor been pleased to take notice thereof Spiceleg ad Edmerium page two hundred and eight Neque sane Canon hic aut alia apud nos lata Lex id juris hactenus adeo refixit quin in Iurisconsultorum nostratium Commentariis passim Legibus quibus utimur consonum agnoscatur Neither truly this Canon or any other Law made amongst us hath hitherto unfastened this right but that in the Comments or Reports of our Common Lawyers it is acknowledged consonant to those Laws which we use And though in processe of Time first conscientious then all Masters laudibly submitted themselves to this Canon forbearing such sales yet were they not by
Soveraign having learnt primum in unoquoque Genere est excipiendum The Animadvertor hath here taken occasion to write much but thereof nothing to confute me and little to informe others He deserved to be this King Henry's Chaplain if living in that Age for his exactnesse in the distinct enumeration of all his Dignities and Estate before he came to the Crown Dr. Heylin Our Author proceeds Fol. 190. That States-men do admire how blinde the Policy of that Age was in keeping King Henry alive there being no such sure Prison as a Grave for a Capâ—ive King whose life though in restraint is a fair mark for the full Aim of mal-contents to practise his enlargement Our Author might have spar'd this Doctrine so frequently in practise amongst the worldly Politicians of all times and ages that there is more need of a Bridle to holde them in than a Spur to quicken them Parce precor stimulis fortiùs utere loris had been a wholesome caveat there had any friend of his been by to have advis'd him of it The murthering of depos'd and Captive Princes though too often practised never found Advocates to plead for it and much lesse Preachers to preach for it untill these latter times First made a Maxim of State in the School of Machiavel who layes it down for an Aphorisme in point of policy viz. that great Persons must not at all be touched or if they be must be made sure from taking Revenge inculcated afterwards by the Lord Gray who being sent by King Iames to intercede for the life of his Mother did underhand solicite her death and whispered nothing so much in Queen Elizabeths eares as Mortua non mordet if the Scots Queen were once dead she would never bite But never prest so home never so punctually appli'd to the case of Kings as here I finde it by our Author of whom it cannot be affirm'd that he speaks in this case the sense of others but positively and plainly doth declare his own No such divinity preach'd in the Schools of Ignatius though fitter for the Pen of a Mariana than of a Divine or Minister of the Church of England Which whether it passed from him before or since the last sad accident of this nature it comes all to one this being like a two-hand-sword made to strike on both sides and if it come too late for instruction will serve abundantly howsoever for the justification Another note we have within two leaves after as derogatory to the Honour of the late Archbishop as this is dangerous to the Estate of all Soveraign Princes if once they chance to happen into the hands of their Enemies But of this our Author will give me an occasion to speake more in another place and then he shall heare further from me Fuller My words as by me laid down are so far from being a two-handed sword they have neither hilt nor blade in them only they hold out an Handle for me thereby to defend my self I say States-men did admire at the preserving King Henry alive and render their reason If the Animadvertor takes me for a Statesman whose generall Judgement in this point I did barely relate he is much mistaken in me Reason of State and Reason of Religion are Stars of so different an Horison that the elevation of the One is the depression of the other Not that God hath placed Religion and Right Reason diametrically opposite in themselves so that where-ever they meet they must fall out and fight but Reason bowed by Politicians o their present Interest that is Achitophelesme is Enmity to Religion But the lesse we touch this harsh string the better musick Dr. Heylin Now to goe on Fol. 197. The Duke requested of King Richard the Earldome of Hereford and Hereditary Constableship of England Not so it was not the Earldom that is to say the Title of Earl of Hereford which the Duke requested but so much of the Lands of those Earls as had been formerly enjoy'd by the House of Lancaster Concerning which we are to know that Humphry de Bohun the last Earl of Hereford left behinde him two Daughters onely of which the eldest called Eleanor was married to Thomas of Woodsâ—ock Duke of Gloster Mary the other married unto Henry of Bullenbrook Earl of Darby Betwixt these two the Estate was parted the one moity which drew after it the Title of Hereford falling to Henry Earl of Darby the other which drew after it the Office oâ— Constable to the Duke of Gloâ—ester But the Duke of Glocester being dead and his estate coming in fine unto his Daughter who was not able to contend Henry the fifth forced her unto a sub-division laying one half of her just partage to the other moity But the issue of Henry of Bullenbrook being quite extinct in the Person of Edward Prince of Wales Son of Henry the sixth these three parts of the Lands of the Earls of Hereford having been formerly incorporated into the Duchy of Lancaster remained in possession of the Crown but were conceiv'd by this Duke to belong to him as being the direct Heir of Anne Daughter of Thomas Duke of Glocester and consequently the direct Heir also of the House of Hereford This was the sum of his demand Nor doe I finde that he made any suit for the Office of Constable or that he needed so to doe he being then Constable of England as his Son Edward the last Duke of Buckingham of that Family was after him Fuller The cause of their variance is given in differently by several Authors Some say that at once this Duke requested three things of King Richard 1. Power 2. Honor 3. Wealth First Power to be Hereditary Constable of England not to hold it as he did pro arbitrio Regis but in the right of his descent Secondly Honor the Earldome of Hereford Thirdly Wealth that partage of Land mentioned by the Animadvertor I instanced onely in the first the pride of this Duke being notoriously known to be more than his covetousnesse not dâ—nying but that the Kings denyal of the Land he requested had an effectual influence on his discontent Dr. Heylin Our Author proceeds Fol. 169. At last the coming in of the Lord Stanley with three thousand fresh men decided the controversie on the Earls side Our Author is out in this also It was not the Lord Stanley but his Brother Sir William Stanley who came in so seasonably and thereby turn'd the Scale and chang'd the fortune of the day For which service he was afterward made Lord Chamberlain of the new Kings Houshold and advanc'd to great Riches and Estates but finally beheaded by that very King for whom and to whom he had done the same But the King look'd upon this action with another eye And therefore when the merit of his service was interposed to mitigate the Kings displeasure and preserve the maâ— the King remembred very shrewdly that as he came soon enough to win
of parchment out of his bosome and gave it to the Lord Keeper Williams who read it to the Commons four severall times East West North and South fol. 123. Thirdly the Lord Keeper who read that Scrole was not the Lord Keeper VVilliams but the Lord Keeper Coventry the Seal being taken from the Bishop of Lincoln and committed to the custody of Sir Thomas Coventry in October before And therefore fourthly our Author is much out in placing both the Coronation and the following Parliament before the change of the Lord Keeper and sending Sir Iohn Suckling to fetch that Seal at the end of a Parliament in the Spring which he had brought away with him before Michaelmas Term. But as our Author was willing to keep the Bishop of Lincoln in the Deanry of Westminster for no less then five or six years after it was confer'd on another so is he as desirous to continue him Lord Keeper for as many months after the Seal had been entrusted to another hand Fuller This also is an errour I neither can nor will defend the Lord Keeper Williams put for the Lord Keeper Coventry which hath betrayed me to some consequentiall incongruities I will not plead for my self in such a Suit where I foresee the Verdict will go against me Onely I move as to mitigation of Costs and Dammages that greater slips have fallen from the Pens of good Historians Mr. Speed in his Chronicle first Edition page 786. speaking of Henry eldest son to King Henry the eighth maketh Arch-Bishop Cranmer mistaken for Warham his God-father twenty four years before Cranmer ever sat in that See I write not this to accuse him but in part to excuse my self by paralleling mine with as evident a mistake I hope my free confession of my fault with promise of emendation of It and the Appendants thereof in my next Edition will meet with the Reader 's absolution And let the Animadvertor for the present if so pleased make merry and feast himself on my mistake assuring him that he is likely to fast a long time hereafter Dr. Heylyn Our Author proceeds f. 122. The Earl of Arundel as Earl Marshal of England the Duke of Buckingham as Lord high Constable of England for that day went before his Majesty in that great Solemnity In this passage and the next that follows our Author shewes himself as bad an Herald in marshalling a Royal Show as in stating the true time of the creation of a noble Peer Here in this place he placeth the Earl Marshall before the Constable whereas by the Statute 31 H. 8. c. 10. the Constable is to have precedency before the Marshall Nor want there precedents to shew that the Lord High Constable did many times direct his Mandats to the Earl Marshall as one of the Ministers of his Court willing and requiring him to perform such and such services as in the said Precepts were expressed Fuller My Heraldry is right both in Place and Time The Earl of Arundel as Earl Marshall went after the Duke of Buckingham as Lord High Constable though going before him For Barons went in this Royall Procession at the Kings Coronation before Bishops Bishops before Viscounts Viscounts before Earls the meaner before the greater Officers of State Thus the Lord Constable though the last was the first because of all Subjects nearest to the person of the Soveraign It seemeth the dayes were very long when the Animadvertor wrote these causless cavills which being now grown very short I cannot afford so much time in confuting them This his cavilling mindeth me of what he hath mistaken in his Geography For the younger son of an English Earl comming to Geneva desired a Carp for his dinner having read in the Doctor 's Geography that the Lemman Lake had plenty of the Fish and the best and biggest of that kind The people wondred at his desire of such a dainty which that place did not afford but told him That they had Trouts as good and great as any in Europe Indeed learned Gesner doth observe that the Trouts caught in this Lake sent to and sold at Lions are mistaken for Salmons by strangers unacquainted with their proportions It seems the Animadvertor's Pen is so much given to cavilling that he turned Trouts into Carps though none of them so great as this his CARP at me for making the Lord Marshall to go before the Lord Constable at the King's Coronation Dr. Heylyn Our Author proceeds Ibid. That the Kings Train being six yards long of Purple Vâ—lvet was held up by the Lord Compton and the Lord Viscount Dorcester That the Lord Compton was one of them which held up the Kings Train I shall easily grant he being then Master of the Robes and thereby challenging a right to perform this service But that the Lord Viscount Dorcester was the other of them I shall never grant there being no such Viscount at the time of the Coronation I cannot say but that Sir Dudley Carlton might be one of those which held up the Train though I am not sure of it But sure I am that Sir Dudley Carlton was not made Baron of Imber-court till towards the latter end of the following Parliament of Anno 1606. nor created Viscount Dorcester untill some years after Fuller It is a meer mistake of the Printer for Viscount Doncaster son of and now himself the Earl of Carlile whose Father having a great Office in the Wardrobe this place was proper for him to perform All will presume me knowing enough in the Orthography of his Title who was my Patron when I wrote the Book and whom I shall ever whilst I live deservedly honour for his great bounty unto me Dr. Heylyn Our Author proceeds fol. 122. The Lord Arch-bishop did present his Majesty to the Lords and Commons East West North South asking their minds four severall times if they did consent to the Coronation of King Charls their lawfull Soveraign This is a piece of new State-doctrine never known before that the Coronation of the King and consequently his Succession to the Crown of England should depend on the consent of the Lords and Commons who were then assembled the Coronation not proceeding as he after telleth us till their consent was given four times by Acclamations Fuller I exactly follow the Language of my worthy Intelligencer a Doctor of Divinity still alive rich in Learning and Piety present on the place and an exact observer of all passages and see no reason to depart to depart from it I am so far from making the Coronation of the Soveraign depend on the consent of his Subjects that I make not the Kingly power depend on his Coronation who before it and without it is lawfull and effectuall King to all purposes and intents This was not a consent like that of the Bride to the Bride-groom the want whereof doth null the Marriage but a meer ceremoniall one in majorem Pompam which did not make but manifest not constitute but
and Author's Joynt-desires might have taken Effect there had been no difference about this passage in my Book Tuque domo proprià nos Te Praesul Poteremur Thou hadst enjoy'd thy house and we Prelate had enjoyed Thee But alas it is so He is still and still when all other Bishops are released detained in the Tower where I believe he maketh Gods Service his perfect freedom My words as relating to the time when I wrote them containe too much sorrowfull truth therein Dr. Heylyn Fourthly Archbishop Williams after his restoring unto liberty â—ent not into the Kings Quarters as our Author saith but unto one of his own houses in Yorkshire where he continued till the year 1643. and then came to Oxford not that he found the North too cold for him or the War too hot but to solicit for renâ—wing of his Commendam in the Deanry of Westminster the time for which he was to hold it drawing towards an end Fuller Nothing false or faulty The Arch-bishop of York stayed some weeks after his enlargement at Westminster thence he went privately to the house of Sir Thomas Hedley in Huntingon shire and thence to his Palace at Caâ—ood nigh York where he gave the King a magnificent Intertainment King James setled the Deanry of Westminster under the great Seal on Dr. Williams so long as he should continue Bishop of Lincoln Hinc illa Lacrimae hence the great heaving and hussing at Him because He would not resigne it which was so signal a Monument of his Master's favour unto him Being Arch-bishop of York King Charls confirmed his Deanry unto him for three years in lieu of the profits of his Arch-bishoprick which the King had taken Sede vacante So that it is probable enough the renuing that Tearm might be a Joynt-Motive of his going to Oxford But I see nothing which I have written can be cavilled at except because I call Yorkshire the King's Quarters which as yet was the Kings WHOLE when the Arch-bishop first came thither as being a little before the War began though few Weeks after it became the King's Quarters Such a Prolepsis is familiar with the best Historians and in effect is little more then when the Animadvertor calleth the Gag and Appello Caesarem the Books of Bishop Montague who when they were written by him was no though soon after a Bishop Dr. Heylyn Our Author proceeds fol. 196. Some of the aged Bishops had their tongues so used to the language of a third Estate that more then once they ran on that reputed Rock in their speeches for which they were publickly shent and enjoyned an acknowledgment of their mistake By whom they were so publickly shent and who they were that so ingenuously acknowledged their mistake as my Author telleth us not so neither can I say whether it be true or false Fuller I tell you again It is true The Earl of Essex and the Lord Say were two of the Lords though this be more then I need discover who checked them And of two of those Bishops Dr. Hall late Bishop of Norwich is gone to God and the other is still alive Dr. Heylyn But I must needs say that there was small ingenuity in acknowledging a mistake in that wherein they had not been mistaken or by endeavouring to avoid a reputed Rock to run themselves on a certain Rock even the Rock of Scandall Fuller Their brief and generall acknowledgment that they vvere sorry that they had spoken in this point vvhat had incurred the displeasure of the Temporall Lords was no trespass on their own ingenuity nor had shadovv of scandall to others therein I confess men must not bear fals-witness either against themselves or others nor may they betray their right especially when they have not onely a personall concernment therein but also are in some sort Feoffees in trust for Posterity However vvhen a predominant Power plainly appears which will certainly over-rule their cause against them without scandall they may not to say in Christian prudence they ought to wave the vindication of their priviledges for the present waiting wishing and praying for more moderate and equall times wherein they may assert their right with more advantage to their cause and less danger to their persons Dr. Heylyn For that the English Bishops had their vote in Parliament as a third Estate and not in the capacity of temporal Barons will evidently appear by these reasons following For first the Clergy in all other Christian Kingdoms of these Northwest parts make the third Estate that is to say in the German Empire as appears by Thuanus the Historian lib. 2. In France as is affirmed by Paulus Aemilius lib. 9. In Spain as testifieth Bodinus in his De Repub. lib. 3. For which consult also to the Generall History of Spain as in point of practise lib. 9 10 11 14. In Hungary as witnesseth Bonfinius Dec. 2. l. 1. In Poland as is verified by Thunus also lib. 56. In Denmark as Pontanus telleth us in Historia rerum Danicarum l. 7. The Swedes observing antiently the same form and order of Government as was us'd by the Danes The like we find in Camden for the Realm of Scotland in which antiently the Lords Spirituall viz. Bishops Abbots Priors made the third Estate And certainly it were very strange if the Bishops and other Prelates in the Realm of England being a great and powerfull body should move in a lower Sphere in England then they do elsewhere But secondly not to stand onely upon probable inferences we find first in the History of Titus Livius touching the Reign and Acts of King Henry the fifth that when his Funerals were ended the three Estates of the Realm of England did assemble togeâ—her and declared his Son King Henry the sixth being an Infant of eight months old to be their Soveraign Lord as his Heir and Successor And if the Lords Spirituall did not then make the third Estate I would know who did Secondly the Petition tendred to Richard Duke of Glocester to accept the Crown occurring in the Parliament Rolls runs in the name of the three Estates of the Realm that is to say The Lords Spirituall and Temporall and the Commons thereof Thirdly in the first Parliament of the said Richard lately Crowned King it is said expresly that at the request and by the consent of the three Estates of this Realm that is to say the Lords Spirituall and Temporall and Commons of this Land assembled in this present Parliament and by Authority of the same it be pronounced decreed and declared That our said Soveraign Lord the King was and is the very and undoubted King of this Realm of England c. Fourthly it is acknowledged so in the Statute of 1 Eliz. cap. 3. where the Lords Spirituall and Temporall and the Commons in that Parliament assembled being said expresly and in terminis to represent the three Estates of this Realm of England did recognize the Queens Majesty to be their true