A DIALOGUE BETWIXT PHILAUTUS AND TIMOTHEUS In Defence of Dr FVLLWOOD's LEGES ANGLIAE Against the Vindicator of Naked Truth Stiling himself PHIL. HICKERINGILL LONDON Printed for Rich. Royston Bookseller to His most Sacred MAJESTY 1681. TIMOTHEVS and PHILAVTVS CHAP. I. Of the Author's Name Phil. Hickeringill TImotheus Well met Philautus Philautus Why Philautus Tim. I know you call your self Phil. Hickeringill but that Dutoh-Hobgoblin name is so rugged and harsh in the mouth and so unsutable to the smoothness of your Vindication of Naked Truth that neither my self nor a Thousand others can endure it at the first time they heard it it brought a Curse with it and they wish they had never heard it since and are frightned at the very sound of it as if it were conjuring Indeed Hickeringill speaks ill and hears worse therefore as you have faced about and chang'd your countenance as to Religion or against it I thought it not amiss to change your name too Phil. How now Tim hast an itchy endeavour to be witty forsooth in Vindic. p. 35. spite of Nature and thy Stars enough of Hickeringill but why must Phil. be added to autus why Philautus thou thinkst thou hast a trick for that too Tim. To deal plainly with thee every body perceives that this Phil. Hickeringill is the same Person that lies prostrate under the name of Edmond at the foot of Naked Truth and it is known that Phil. and Edmond are all one that is Ned loves Hickeringill and Hickeringill is in love with himself and for this Reason I have made bold for the better sounds sake to call thee Philautus But prethee Phil. why art thou pleased with that throatling name Phil. Hickeringill is it not for the same reason good wits may jump Phil. Say nothing Tim and I will tell thee the naked truth and whether I thought of thy reason or not I am resolved upon good reason to love my self for I see little in the world that a Man should be fond of and but few that regard me as I deserve or merit my kindness Nor can I expect otherwise Plain dealing has few friends and that 's my Talent besides I have flown at all sorts of People Fift-Monarchists p. 35. Anabaptists Quakers Independents Presbyterians Papists and I trow in a very civil manner at our own Church-men too and thus have provoked them all against me and is it not time to take care of my self I had once some hopes of favour from the Church of England but now I despair for I saw little was to be got by her kindness and occurr'd her displeasure to speak the truth she hath always been a Step-Mother Vind p. 2. to the Author of the Naked Truth and he never had any thing from her but frowns and blows at best but a Bitt and a Knock and now alas she is in the Wane and not worth the courting I found her lately in the Frontispiece of a Book called Leges Angliae a pretended answer to Naked Truth pictured in a very low and weeping posture groaning under the Cross and I hate her in her very picture but seeing it is so sad with her I will pity and love my self therefore call me what thou wilt I am Phil. Hickeringill and will be so in spight of the World and the Church too CHAP. II. Of the Title Leges Angliae one Fullwood a libelling Pamphlet Tim. THou mentionest a Book called Leges Angliae prethee what 's thy opinion of it Phil. That Book I have not patience to speak of it it so scandalously handles my beloved Naked Truth it proves it to be all lies and then cloaths it with Bears-skins and all shapes of Villany and then exposeth it and hectors and beats and kills it and all that under the detestable name of my chief old enemy the Laws of England Many years agon these Laws of England had like to have done me a mischief and I could never endure the name of them since especially when the wind blows West-ward and I wonder at my heart how these Laws can give warrant to others in a Hectoring way to say â—ind p. 6. Come Clergyman deliver your Purse your Purse But with what Title his pitiful Pamphlet can challenge so swelling a Title shall be considered only by the sequel 〈…〉 2. Tim. Good Phil. why so angry the Title did thee a kindness Some think had it not been for this Title and a small Jest thou hadst had little to say to the whole Book and it seems to be true too because thou so often makest mention and makest so much advantage of them But to speak my mind a serious Book that consists chiefly of our Laws and Vindicates a legal Government by Arguments of express Laws may wear this Title of Leges Angliae modestly enough though I must tell thee I am well assured that that Title was put to the Book by another hand and not by the Authors who knew it not certainly till he saw it in Print He hath often said he did not like it because he had twit Mr. Cary for stiling his lesser Book The Law of England though that seems to be a greater Title But good Phil. why must thy Vindication carry so much folly and rage in the front of it Scornfully calling thy Adversary one Fullwood though he tells the world both his Name and his Title and Dignity If he be a Doctor in Divinity and a Dignitary in the Church or but an aged Spectacle-Divine thou shouldest have used him with less disdain if not with reverence Some think he honoured thee too much in condescending to take notice of and answer thy Book and dishonour'd himself Phil. Why did he not let Naked Truth alone then why did he write so libelling a Pamphlet against it Tim. I know thou hast betray'd thy wit as well as manners in calling a serious Book touching lawful government written by an Ancient D. D. a libelling Pamphlet But Phil. if he write that which is true and set his name to it how is his Book a Libel That thou against whom his Book is written wer 't guilty enough was evident because thou fled'st for it not daring to put thy name at first to thy Naked Truth as the Doctor doth to his Book I say thou didst thus fly for it and that out of a sense of guilt or great fear Fear what the men or the Leges Angliae thou hadst offended by thy Naked Truth would do with thee should they find thee out as thou often confessest in that Book Indeed when thou hadst got thy Friends about thee I mean the Rabble that like not the Laws of England and as thou thought'st secured thy self among thy Abettors then thou appearest and shewest thy self though sneakingly at the Tail of thy Book Seeing thy self then in the face of those moveable waters thou seemest to fall in love with and pride thy self as the Author of a Book so highly esteemed by the weak
it said Take thou Authority to preach the word of God or administer the Sacraments Here Phil. thy understanding fail'd thee the political power of the Keys do in a sence belong to our Kings but not the purely Spiritual power except mediately as at first was granted the King is a Priest in tanto not in Toto But if thou canst prove our Kings to be Priests in all respects Look to it Mr. Baxter you are undone for then we have a proper Spiritual head of the Church of England yea look to it Phil. for near thou hast undone thy self in thy state Religion For if the Head be properly a Priest what body can fit him acting as a Priest in making Canons and governing the Church but a body of Priests Is the Parliament with whom he maketh other Laws or the Judges Sheriffs Justices c. by whom he governs the Kingdom a fit body for a Priestly head Do not these act under him rather as a King and a Convocation of Priests and Spiritual Courts more congruously act under him as a Priest if he be in all points a Priest and have all the Spiritual power of the Keys both in making Canons i. e. Spiritual Laws and governing the Church by them Poor Ape why art thou venturing still At this so subtle game and play'st so ill SECT II. Another piece of his Logick against Chancellors c. SEcondly We have another such trial of thy honest Logick upon a part of his Proem which if thou hadst quite as thou say'st thou hadst almost forgotten little had been lost 'T is this the Doctor intimates that Chancellors Registers c. are Assistants by Law allowed to Bishops c. and that in 1 Cor. 12. 28. we read of helps in Government which he intimates is a general warrant to the Law of the Land for such allowance Now reflect upon thy answer Phil. in stead of an answer thou very honestly imposest and intrudest another Conclusion Thou say'st he would prove these inferior Officers to be all Church-officers Jure Divino which was the very objection he went about to remove he doth deny them to be Church-officers strictly speaking neither doth he affirm them to be Jure Divino but he saith and thou say'st nothing to the contrary but a great truth that Esquire Dun is so too he saith that if making and keeping Acts of Court if managing and ordering Causes aright if serving Summons and executing Mandates of the Judge if these be reasonable things and expedient in government then the persons appointed by Law to perform these things are useful in government and agreeable to that general word and warrant in Scripture and upon the very same moral and prudential ground Deacons were at first appointed by the Apostles Acts 6. and many other things justly practised even in the first 300. years though not found in use in the Apostles time for the succeeding Ages of the Church inherited Reason and prudence whose proper use is to apply general Rules in Scripture with particular conveniency to times and places but Phil. if thou hast neither Reason nor Prudence how shall a man beat this into thy head Pag. 25. Thou say'st the Doctor has no guts in his brains one would think thou hadst been in Devonshire and that some body had taken out thy brains and put in White-pot So much upon the Proem too CHAP. VII A step towards the matter of the Doctors Book and the main Battle Phil. THese things Tim. are about the out-works only but do not I quit my self like a man when I come into the open field or at least like a crafty combatant Tim. At present I shall only remark to thy eternal honour that thou preparest thy self like a man of war indeed and viewest thy enemy in all the strength of his five Propositions in opposition to thine Pag. 5. against Ecclesiastical Government but durst thou have stood to any one of them thou hadst been a Man indeed But instead of that thou fliest from his and thy own Propositions too and leavest them to defend themselves And as a man knock'd o th' head and stun'd with the blows received before thou staggerest and ramblest from one impertinent story to another but always avoidest the main point Phil. Perhaps I had reason the point was sharp CHAP. VIII PROP. I. Our Ecclesiastical Jurisdiction was not derived from the Pope but from the Crown before the Reformation by Hen. 8. Tim. NOW for the Rancounter as thy War-like word is Is this Proposition true or no If it be not true why dost thou grant it at last If it be true why dost oppose it and shew all thy little Wit and impertinent story to obscure or weaken it thou art the Author of Naked Truth Phil. I will speak plain anon but I 'le have liberty to shew my Parts and Reading therefore quomodo probas Domine D. D. Pag. 5. Tim. The Doctor begins his proof by minding thee of the Ancient Constitution of the English Church and teaching thee if thou be not too old or too stubborn to learn That it was a known Law 25 Edw. 1. and 25 Edw. 3. long before Hen. 8. that the Church of England was founded in Episcopacy by our Kings c. and not in the Papacy To this great ground of truth how wild an Answer have we Pag. 5. Thou say'st with equal ignorance and scorn I always thought till now that our Church of England I know not for his Church of England was neither founded upon Episcopacy nor the Papacy but on Christ the Rock of Ages Would any man alive beside Phil. have had so many blunders in so few words 1. The Doctor saith as the Law saith that our Church was founded in Episcopacy thou provest by thy wise thought I always thought that it was not founded VPON Episcopacy thou art it seems a thinking black-coat however that may pass for thy first Blunder 2. And the second is like unto it the Doctor says our Church was founded in Episcopacy thou thinkst it was founded ON Christ as if the Church could not be founded in Episcopacy and ON Christ too thy second blunder 3. A Church may be founded on Christ his Person and doctrine principally as the chief Corner-stone and yet mediately secondarily and doctrinally too on his Apostles and their Successors the Bishops thou wast not aware of this Phil. thy third blunder 4. A Church may be said to be founded two ways in its constitution essentially considered and so ours was founded by Christ through the means of his Ministers first calling us secondly Organically by way of Donation Endowment Investiture and Secular advantages thus our Church was at first founded by our Kings as the Law saith this not heeded made thy fourth blunder 5. But the heaviest blunder is thy stumbling over the main observation for which the Doctor cited that Law Viz. that seeing our Church was founded by our Kings in Episcopacy therefore the Bishops power did not
be not to swear against themselves Phil. Nor one word doth he write to vindicate their unjust and unconscionable Impositions and Extortions upon the Clergie in Procurations Synodals Institutions c. Tim. Now thou art in thy Element but thy memory is unfaithful Not one word Phil about Procurations and Synodals the main thing wherein the Arch-deacon is concern'd in the charge Indeed he saith nothing in defence of unjust and unconscionable impositions and extortions but he said enough to prove to any reasonable man the lawfulness of taking the usual Sum for Procurations and Synodals which have been ever paid so far as our Books can discover But this charge is at the end of thy Book and it seems thou hadst forgot what thou saidst at the beginning of it there thou saist that he produceth not one Reason or Argument except the Statute of Hen. 8. for Synodals and Proxies to be granted from dissolved Monasteries c. And Phil the Argument from Dissolved Monasteries to the ordinary Clergy is potent à fortiori the Reason in the Statute is the same for both the Bishop c. pays First-fruits and Tenths as well for his Procurations and Synodals received from the Clergy as from the dissolved Monasteries and the argument stronger because the Clergie are visited the Monasteries are not and you know Procurations are due ratione visitationis But Phil. I ought to have an account why thou saist the Doctor gives not one reason or argument for Procurations and Synodals besides the Statute thus thou leapest like a Squirril from one twigg to another till thou fallest to the ground first not one word next not one Reason except the Statute both alike honest and true doth not he tell thee plainly and in more words that Procurations and Synodals are due by ancient Composition upon a valuable Consideration and by undoubted long Possession and Custom which is Law in England Sit liber Judex Leg. An. p. 64. And in a word if any other fees are taken or exacted from the Clergy or others that are not warrantable by Law or Custom take thy remedy the Law is open CHAP. XV. CONCLUSION Phil. an Advocate for the Courts his Reasons on their behalf from the value of money abuses in civil Court Peace his Declaration Tim. WELL Phil. I find at last thou hast painted thy self too fierce for thy Nature I find some bias upon thy reason inclining thee well and it 's pity but ye should be friends for 1. Thou notest the value of money is so different from what it was in Hen. 8. 's time when a Harry groat would have bought as much Victuals as half a Crown now that they cannot afford to keep Clarks nor to write and to Register Wills at this day for the Legal Fees 2. Again thou observest and that in favour of Ecclesiastical Courts that other Courts are more abusive and excessive in fees I leave thee to make it good and 't was very kindly remarked on our side tho' severely enough against the Common-Law Courts according to thy manner of speaking thus Indeed the Extortions of the Spiritual Courts are inconsiderable in Comparison of those amongst the numerous Frie of Common-Lawyers Attornies Clarks Notaries Sollicitors Splitters of Causes c. whose numbers are numberless and so goes on with the Crie p. 30 31. 3. At length thou seem'st to have studied better politicks than thou hast lately practis'd for in the nature of a Conclusion thou saist Therefore men that trie will certainly find perhaps too late that seldom 〈◊〉 31. comes a better This is very friendly indeed Phil. a little more of this Nature might render thee worthy of an Advocates place in the Spiritual Courts and then thou might'st go snips too hadst thou writ Finis here But I find thou canst not end without one fling more at the Doctor Phil. Thou seest I can speak to thy sense and indeed I could say much more to please thee and the Doctor and the Bishops too had I encouragement as I think I deserve and this I had done before now if the Lady at the beginning of the Doctor 's Book had made me a Curtesie or thank't me for my pains upon Curse ye curse ye MEROZ but no such matter Tim. too much Ingratitude and envy raigns amongst a sort of unthinking Black-coats Tim. No such matter Phil. the Black-coats did think and thought that thy Text was well interpreted and justly turn'd against the Enemies of the Church of England but they thought also that thou playedst too wantonly with a serious subject in an angry Age and indeed thou actedst the part of a Mountebank rather than a grave Preacher Well but what 's this to the Doctor how shall he be satisfied Phil. He was severe with me and I was rude with him and there 's an end Tim. Rude Yea barbarous and prodigiously scurrilous and I should wonder if thou seest not a necessity of giving both thy self and the Doctor and the Church of England better satisfaction I have known many that when they have taken up thy Vindication and with a cast of their eye have perceived the mode of thy Scribble have with disdain and loathing cast it from them and to deal friendly with thee I think thou ought'st to do something to recover thy self with the world Phil. I am sorry to hear that prethee what would'st have me do Tim. Thou hast heard of an Engine call'd Pia fraus but Phil. if thou hast not the skill to joyn Piety and Craft together either of them well used may do thee a kindness My first advice and my best is this that thou would'st be meek and humble and give the world a Cast of thy Piety in an honest retractation and ingenuous peccavi But secondly if repentance be too hard a Task or thy Talent lie not that way the other part of my advice is to use this craft Send to thy Gazetteer he that Printed the Title of thy Vindication and desire him to publish this following Declaration Whereas there was lately Printed a very simple and malicious Pamphlet called a Vindication of Naked Truth the Second Part against the trivial Objections of one Fullwood under the pretended Name of Phil. Hickeringill that the Scandalous Pamphlet might go off the better These are to give Notice that the said Pamphlet is so idle and trivial and rudely Barbarous and so insolently treats an ancient Doctor in Divinity and the Laws of England and our Church-Government that the true Phil-Hickeringill is ashamed of it and doth hereby disown and disavow it as the off-spring of the windy vapour of some hot Spanish Genet or to speak more truly if not so properly some wild English Ass Given under my Hand Philautos or the true Phil-Hickeringill THE END A CATALOGUE of some Books lately Printed for Richard Royston THE Establish'd Church Or a Subversion of all the Romanists Pleas for the Popes Supremacy in England Together with a Vindication of the present Government of the Church of England as allow'd by the Laws of the Land against all Fanatical exceptions particularly of Mr. Hickeringill in his Scandalous Pamphlet stiled NAKED TRVTH the 2d Part. By Fran. Fullwood D. D. Arch-deacon of Totnes in Devon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Or a Discourse of the Morality of the Sabbath being an Exposition of Exod. xx v. 8 9 10 11. with Prayers relating thereunto humbly offered to this present Age. By John Gregory Arch-deacon of Glocester The New Distemper Or the Dissenters Usual Pleas for Comprehension Toleration and the Renouncing the Covenant Consider'd and Discuss'd with some Reflections upon Mr. Baxter's and Mr. Alsop's late Pamphlets published in Answer to the Reverend Dean of S. Paul's Sermon concerning Separation The Lively Picture of Lewis du Moulin drawn by an incomparable Hand Together with his Last Words Being his Retractation of all the Personal Reflections he had made on the Divines of the Church of England in several Books of his Signed by Himself on the Fifth and the Seventeenth of October 1680.
opposest stoutly by way of exception and then thou comest off as mildly by way of Concession 1. By way of exception thou say'st many things to no purpose 1. Thou repeatest thy illegal error that Hen. 8. was made when he was only declared to be Head of the Church by Act of Parliament but had it been both a truth and Law what had that done to dissolve the Jurisdiction 2. Thou recitest an impertinent Assertion viz. That the King and Parliament advised about new Church-Laws must we have a new Government every time we have new Laws 3. Thou tellest according to thy wont some old stories about Abby-Lands as much to the business 4. Thou laugh'st at a resemblance which the Doctor brought from a Mannor where though the Lord be changed the Customs Officers and Courts may not be changed Here thou namest some particular Customs that were actually changed by Law in Hen. 8's time never considering how thou undoest thy self For the change of those particular Customs mentioned are a clear confirmation of those Customs much more the Courts and Officers which are left unaltered 5. Thou givest us the old Crambe that the Popish Convocation of Q. M. thought otherwise and that thou may'st think as the Papists do 2. Phil. I see thou wilt not be convinc'd by Reason nothing will please except I yield the cause Tim. Now thou art kind and just too what should a man do when he can fight no longer but cry quarter But speak out man for I love to hear thy Concessions plain and full Phil. No body denies as if Phil. had never done so but K. Hen. 8. did enable the Kings Courts Spiritual and Temporal but that Statute 24 Hen. 8. 12. limits the cognisance of matters cognoscible in the Spiritual Courts to these three sorts reckon well Phil. causes Testamentary Matrimonial Tithes and Oblations and Obventions Tim. This is pretty well for 1. Thou here grantest what thou hadst denied that Spiritual Courts were allow'd by Law after Hen. 8. had renounced the Popes Supremacy 2. Some matters of moment were legally cognizable in those Courts 3. I find no reason to trust thee Phil. for I find no words in that Statute limiting the Ecclesiastical Jurisdiction to those three causes Upon the whole I conclude that Phil. is a singular disputant Some of his friends are excellent indeed at confuting an Adversary by denying the Conclusion but Phil. by granting it CHAP. X. Of the Three other PROPOSITIONS Tim. IT hath appeared that the Popes headship was but a Lawless Innovation a lawless and needless usurpation upon the Crown and a superinduction to the confirmation of our Bishops c. and their power of Jurisdiction that did really operate nothing upon their efficacy and legality and that they stood firm enough as having their power from the Crown and our own Laws without any real dependance on the Pope before Hen. 8. which was the clear sence of our Laws long before Hen. 8. and of the whole Kingdom in his time and since as my Lord Coke in Cawdries Case and Sir John Davies in Lalors Case have so fully proved that thou durst not look them in the face though so often by the Doctor urged to it It hath also appeared that thus the Bishops c. and their Jurisdictions were continued and confirmed by Hen. 8. and the Doctors two first Propositions are yielded by thee under thy own hand and thou hast quit thy self bravely Phil. in first denying them and long contesting them and at last honestly yielding and granting both with a boon-grace But Phil. where shall we find the Doctor 's three other Propositions that more nearly concern'd thee Thou should'st have had courage to set them before thee as distinctly as thou didst the former though thou hadst treated them as confusedly But methinks thou art more afraid of them Phil. I was in haste and I had more important affairs in hand than to ◠ult spend much time with such a scribling D. D. my Book is worth the reading for my useful Stories and Poetry Thou wilt find upon a diligent search that I have said as much as I had a mind to to each of those Propositions though I am sensible enough 't is somewhat loosely Tim. For once Phil. I am content to rake among thy Rubbish though no man else would endure the scent Indeed I find something or nothing about the third Proposition and by the by a lap and away as Canis ad Nilum in pag. 16. though here I expected thy whole strength Give me leave to set it down before thee and see how thou lookest upon it CHAP. XI The Doctors Third PROPOSITION Ecclesiastical Jurisdiction is lawfully exercised without the King's Name or Stile in Processes c. notwithstanding the 1 Edw. 6. 2. Tim. THe Doctor thought himself concerned to prove this substantially by giving good evidence that the 1 Edw. 6. 2. was repealed He argued it largely from Authority common practice and Law shewing plain Statutes now in force to maintain his Point Here Phil. the world expected thou should'st speak to purpose or be silent for ever but how and where shall we find this expectation or the Doctor answered Phil. I have not willingly omitted to give answer to all and every the idle cavils and exceptions in his Book pag. 26. My answer is 1. I deny the Authority of the Twelve Judges that declared that 1 Edw. 6. 2. is repealed 〈◊〉 16. take in the King and Council too my own is better especially having a Vote of the House of Commons in 1640. on my side Tim. Now Phil. I am afraid of thee and of thy cause nay thou art afraid thy self what flie to a House of Commons in 40 and to a vote of that House and to a Vote of that House that speaks not one word to the point in hand the very words of it as set down by thy self disprove thee to thy face thou know'st that Vote hath not a tittle in it touching this Statute of 1 Ed. 6. 2. which is the thing in debate nor yet concerning Ecclesiastical Jurisdiction and is only concerning the power of the Convocation to make Canons without a Parliament But thou closest the Point with a sweet Note Indeed none are so fit to answer the Arch-deacon as such a Parliament Reflect a little Phil. and see how this point stands after all thy spite is spent upon it thou excepts against the Authority of those Twelve Judges but how dost thou answer the reasons of their Judgment which they honestly set down as the Doctor shew'd out of my Lord Coke upon Ja. 4. not a word of that what saist thou to the constant practice both of the Crown and all the King's Courts Civil and Spiritual contrary to that Statute ever since on which the Doctor enlarged Mum. Phil. I am quite tired with his impertinencies p. 26. he is such a prater p. 16. I leave him to the Parliament and the point too p. 19. Tim.
struck out of thy Head SECT II. Of King James 's Canons and power of making new Canons by the Statute of Hen. 8. Tim. DOst not perceive Phil. our task is almost done we have gained three great points easily out of thy hard hand and fairly out of thy foul mouth For thou hast confess'd though sore against thy genius 1. That our Courts have legal Authority 2. That certain Causes do properly belong to them 3. That the old Canons are kept in force by the Statute of Hen. 8. to try those Causes by I mean with the Statute such of them as are not repugnant to the Kings Prerogative and the Laws of the Land Now Phil. thou hangest but upon one twig and if that fail thee thou art quite sunk that is the denial of the force of King James 's Canons and the Kings power with his Convocation to make new ones Phil. 'T is false what the Doctor would make the 25 Hen. 8. 19. speak as though by that Statute the Convocation hath power reserved of making Pag. 19. new Canons provided the Convocation be called by the Kings Writ and have the Royal assent c. If this be true I do not know but the Lambeth-Canons exploded and condemned by Act of Parliament and those of King James are all Statute-Law i. e. Law by Statute or non-sence for they were so made Tim. Good Phil. discover his falshood herein with Naked Truth Is not such power reserved to the Convocation by the Statute seeing they used that power before and seeing it is conceded and not taken away by that Statute What is the meaning of reservation else Thy other paragraph is as modest as 't is true Are the Canons of King James confirmed by the Royal assent and never questioned by any Act of Paraliament of no more force than those of Lambeth Which are as thou say'st condemned by Act of Parliament that is no better than waste-paper take heed Phil. of a thing call'd crimen laesae Majestatis Phil. But is not this Doctor an honest man when the Statute only binds them to their good behaviour namely not to presume without the Royal assent but does not enable them to make any new Canons with the Royal assent Vid. Stat. Tim. Meddle not Phil. with the Doctors honesty that 's above thy reach mind thy own morals and the Doctors Logick his argument is from a legal implication upon the negative in the Statute He grounds his argument upon a known rule in Law Exceptio confirmat Regulam in non exceptis the Statute was made on purpose to limit the power formerly abused and can any inference be plainer than that the Statute supposeth and alloweth the power of the Convocation so far as it doth not prohibit or limit them 'T is evident the Judges thought so when at the Committee of the Lords my Lord Coke tells us they declared that those restraints mentioned by him were grounded on the Statute which Statute he adds was but an affirmance of the Common Law Rep. 12. p. 720. I know Phil. if thou hadst been Lord Chancellor and its pity thou hadst not that thou would'st have declared more roundly there is no need of these limitations the Convocation has no power at all to make Canons either without or with the Kings assent So would those Judges had they been of Phil's mind Now Phil. bethink thy self what a wild-Goose chase thou hast run thou art out of breath sure if not out of thy Wits In this venturous course thou may'st at length without more heed out-run the Constable or be caught by him for thy running down the Doctor my Lord Coke all the Judges the Kings Prerogative and Acts of Parliament In sober sadness Phil. what wilt thou do thou seest thou art dead in Law thy Fabrick is ruined thou art lost in the Rubbish and hast written thy own Epitaph Here lies Phil. notorious for his pitiful Descants his silly Cants and shameless Recantations For after all his Bravadoes and Rhodomantades he hath plainly allow'd what he had condemn'd and granted what he denied and with all confidence argued against namely these Five points 1. That our Ecclesiastical Jurisdiction was not really or de jure derived from the Pope before Hen. 8. 2. That that King did not dissolve but confirm the same 3. That our Spiritual Courts have Authority by Law at this day 4. That Spiritual Causes do belong to and are to be tried in them 5. That the old Canons at least which are not repugnant to the Kings Prerogative or Law are still in force Yet Phil. hadst thou gained thy Cause I must say thou hadst lost the credit of a man and a disputant Thou handlest the matter the Doctor and Authority it self so scoundrelously and so far below the Rules of all Logick and Morality Religion and Humanity as thou art a Just scandal both to thy Profession and Nature CHAP. XIV Of Procurations Synodals Canonical Oaths Fees c. Phil. SPare a little Tim. for though I have lost my weapons and quit the field I have some stones to throw back at my Enemy Tim. Thus Insects do riggle when their heads are off Phil. Peace Tim. I have seen the dying blow of a Cock of the Game strike home I am sure my reserve hath a sting in it and my Pebbles will fall like mountains upon their Courts at least in the opinion of my Friends and their Enemies Tim. Mysterious Phil. speak plainly what 's the project Phil. To be plain then the truth is I had taken much pains to prove the unlawfulness of the Spiritual Courts with this I began my Naked Truth and laid it down first as the foundation of my grievances but the Doctor in his Leges Angliae baffled me in that and put me out of all hopes of doing mischief that way Now I declare boldly that was not the main drift and design of Naked Truth I declare and proclaim boldly and frequently no matter for Naked Truth now that the Doctor saith not one word to my main design namely in answer to the Vindication of the Canons Authority to keep Ecclesiastical Courts c. Tim. Stop Phil. has not the Doctor ONE WORD dost not find a whole Chapter c. 7. to prove the Canons Authority and doth not thy own Vindication take notice of it as hath appeared to little purpose besides was it not the scope of the Doctor 's Book to prove their Authority to keep Ecclesiastical Courts Is thy memory bad too Phil. Or to impose Oaths of Canonical obedience upon the Clergie Tim. That 's proved with the Authority of the Canons which have force upon the Clergie if any at all besides the Statute that confirms our manner of ordering c. imposeth the same upon all that are ordained Phil. Or to impose Oaths upon Church-wardens Tim. I am ashamed of thy trifling that 's done both by Canon and Common and Statute-Law as my Lord Chief Justice Hales declared upon the Bench if the Wardens