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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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who on the rooting out of the Hereticks should possess the same to the end that he might keep it in the holy Faith But this was with a salvojure a preservation of the Rights and Interests of the Lords in chief if they gave no hindrance to the work And with this clause that it should after be extended to those also which had no Lord Paramount superiour to them According unto which decree the Albigenses and their Patrons were warred on by the Kings of France till both sides were wearied with the War and compounded it at last upon these conditions viz. That Alphonso younger brother to King Lewis the 9. of France should marry Joan daughter and heir to the last Raimond and have with her the full possession of the Country after his decease provided also that if the said parties died without issue the whole estate should be escheated to the Crown as in fine it did An. 1270. 39. This the occasion of the Canon and this the meaning and the consequent of it but what makes this to the Deposing of Kings and such supreme Princes as have no Lord Paramount above them For if you mean such inferiour Princes as had Lords in chief your argument was not home to the point it aimed at If you alledge that Emperours and Kings as well as such inferiour Princes are hooked in the last clause of viz eadem nihilominus lege servata circa eos qui dominos non habent principales I answer with the learned Bishop of Rochester in his book De Potestate Papae ● 1. c. 8. clausulam istam à Parasito al quo Pontificiae tyrannidis ministro assutam esse that it was patched unto the end of the decree by some Parasite or other Minister of the See of Rome And this he proves by several reasons as namely that Christian Kings and Emperours are n●● of such low esteem as to be comprehended in those general words qui dominos non habent principales without being specially designed and distinguished by their soveraign Titles Secondly that if any such thing had been intended it is not likely that the Embassadors of such Kings and Emperors who were then present in that Councel would ever have consented to it but rather have protested against it and caused their Protestation to be registred in the Acts thereof in due form of Law Thirdly In one of their Rescripts of the said Pope Innocent by whom this Councel was confirmed in which ●e doth plainly declare That when inferiour persons are named or pointed at in any of his Commissions majores digniores sub generali clausula non intelligantur includi that is to say that persons of more eminent rank are not to be understood as comprehended in such general clauses Adde hereunto that in the manner of the proceeding prescribed by this Canon such temporal Lords as shall neglect to purge their Countries of the filth of Heresies were to be excommunicated by the Metropolitan and other Bishops of that Province per Metropolitanum ceteros com provinciales Episcopos as the Canon hath it before the Pope could take any cognizance of the cause And I conceive that no man of reason can imagine that the Metropolitane and Provincial Bishops could or durst exercise any such jurisdiction upon those Christian Kings and Emperours under whom they lived I grant indeed that some of the more turbulent Popes did actually excommunicate and as much as in them lay depose some Christian Kings and Emperors sometimes by arming their own Subjects against them and sometimes giving their Estates and Kingdomes to the next Invador But this makes nothing to your purpose most of those turbulencies being acted before the sitting of this Councel none of them by authority from any Councel at all but carried on by them ex plenitudine potestatis under pretence of that unlimited power which they had arrogated to themselves over all the world and exercised too frequently in these Western parts 40. Such is the Argument by which you justifie M. Burton in his first position viz. That the Popish Religion is Rebellion and may it not be proved by the very same argument that the Calvinian Religion is Rebellion also Calvin himself hath told us in the closes of his Institutions that the 3 Estates in every Kingdome Pareus in his Comment on Rom 13. that the inferiour Magistrates and Buchannan in his book Dejure Regni that the people have a power to curb and controll their Kings and in some cases as in that of Male-administration to depose him also which is much as any of the Popes Parasites have ascribed unto him If you object that these are only private persons and speak their own opinions not the sense of the Churches I hope you will not say that Calvin is a private person who sate as Pope over the Churches of his platform whose writings have been made the Rule and Canon by which all men were to frame their judgments and whose authority in this very point hath been made use of for the justifying of Rebellious actions For when the Scots Commissioners were commanded by Queen Elizabeth to give a reason of their proceedings against their Queen whom not long before they had deposed from the Regal Throne they justified themselves by the authority of Calvin whereby they endeavoured to prove as my Author hath it That the Popular Magistrates are appointed and made to moderate and keep in order the excesse and unrulinesse of Kings and that it was lawful for them to put the Kings that be evil and wicked into prison and also to deprive them of their kingdoms Such instances as this we may find too many enough to prove that none of the three above mentioned though the two last were private persons delivered their own opinions only but the sense of the party The Revolt of the Low-Countries from the King of Spain the man●old embroilments made by the Hugonots in France the withholding of the Town Embden from its natural Lord the Count of Friesland the commotions in Brandenburg the falling off of the Bohemians from the house of Austria the translating of the Crown of Sweden from Sigismond K. of Poland to Charles Duke of Suderman the father of the great Gustavus the Armies thrice raised by the Scots against King Charls and the most unnatural warrs in England with the sad consequents thereof by whom were they contrived and acted but by those of the Calvinian Faction and the predominancy which they have or at the least aspired unto in their several Countries The Genevians having lead the dance in expelling their Bishop whom they acknowledged also for their temporal Prince the daughter Churches thought themselves obliged to follow their dear Mother Church in that particular and many other points of Doctrine sic instituere majores posteri imitantur as we read in Tacitus 41. But against this blow you have a Buckler and tell me that if any Protestant Writer should teach the same that
the Government with him you should then turn the Text and say that God took of the Spirit which was upon the seventy Elders and put it upon Moses for otherwise his wisedom cannot be said to have been greater for having so many wise Assistants no more the personal vallour of a Prince may be said to be greater then it is by having many men of valour in his Council of War or the beauty of a Queen said to be greater then before by having many beautiful Ladies attending on her And so your argument against apealing from the Sanhedrim as the supream Court to Moses as the supream Prince is brought to nothing Which notwithstanding you conceive so highly of the Sanhedrim because it hath some resemblance to the Senate in a popular estate that you make it to be a State distinct from the rest of the people and all this to no other purpose but to multiply the number of estate in every Nation that Kings and such as have the power of Kings may not be ridden only with the bitt and bridle but a Martingal also For if the Congregation of the people in Law to be made had such power as was shown but whither it be shown in your Papers or any where else I am yet to seek and that in Law so made the ultimate appeal lay unto the Sanhedrim as you can never prove it did when there was any King in Israel you ask this Question Why are not here two Estates in this Common wealth each by Gods own Ordinancce and both plain in Scripture Which Argument or Question needs no other Answer but that a male suppositis ad non valet Argumentum ad ●ejus concessa as the Logicians use to tell us You must have plainer Texts of Scripture to prove this Ordinance of God which here you speak of or else the Sanhedrim and the people could not mak two distinct Estates in that Common-wealth as you say they did 30. Now for the clearer proofs of this that is to say that there lay no appeal to Moses from the seventy Elders you have recourse to those words in Deut. 17. 8. where it is said That if there arise a Controversie within thy gates too hard for thee in judgment then shalt thou come unto the Priest and to the Levite or to the Judge that shall be in those days and they shall shew thee the sentence of Judgment upon which Text you first deliver this gloss viz. that by the Judge which shall be in those days we are to understand those supream Judges which governed the affairs of Israel from time to time betwixt the death of Joshua and the raign of Saul Secondly That by the Priests and Levites we are to understand the Sanhedrim according to the sense of all Authors as they stand both Jewish and Christian And thirdl● by these words within thy Gates the Jethronian Judges because they sate and gave judgment in the Gates of their Cities And thereupon you raise this Conclusion without doubt or hesitancy That by the clear sence of Scripture all matter of appeal in Israel lay unto the Sanhedrim And yet perhaps it may be said that the sence of that Text of Scripture is not so clear as you would have it the words being otherwise glossed and therefore otherwise to be understood then you seem to do For First How may we be assured that the Pri●sts and Levites made such a considerable number in the Sanhedrim as to be taken in this place for the woole Court Some which are skilled in all the learning of the Hebrews telling us that the 70. Elders were first chosen by six and six out of every Tribe which make up 72 in all And yet say they they passed by the name of the 70. Elders ad retundationem numeri for the evenness and roundness of the number even as the 72 Disciples Post haec autem designavit dominus ali●s Septuaginta duos saith the vular Latin Luk. 10. 1. are for the same reason called the seventy If so there could but six Priests and Levites be chosen into that great Council admitting that the Tribe of Levi were at that time reckoned to be one of the Twelve and therefore it is very improbable that the Priests and Levites should stand here for all the Sanhedrim but if the Tribe of Levi were not accounted at that time amongst the Twelve as they were not afterwards then could there be no Priests or Levites in that Court at all at the first institution of it though afterwards when Ten of the Twelve Tribes were fallen from the house of David the Priests and Levites might be taken in to make up the number And thereupon it needs must follow that Moses i● that place did not intend the whole Sanhedrim by the Priests and Levites or lookt upon the Priests and Levites as the greatest and most considerable thereof Secondly It is affirmed by some Christian Writers that the Priests and Levites here mentioned are to be understood in their single capacities and not as parts and members of the Iewish Sanhedrim for when a matter seemed too hard to be determined by the inferiour Judges they are enjoyned saith Deodat to go to the Priests by way of consultation and Enquiry to be informed of the true sence and meaning of Gods Laws The Priests being great Lawyers among the people understanding and experienced in the meaning of Gods Law according to which judgement was to be given in all the cases comprehended therein for which we cannot have a better proof then that of the Prophet Mal. cap. 2. 7. where it is said that the Priests lips should keep knowledge and they should seek the Law at his mouth for he is the Messenger of the Lord of Hosts Nor is it so certain as you make it that by the Judge who should be in those dayes we are to understand the supream Judge or Judges or any of them who governed the affairs of Israel as aforesaid For Ainsworth who had well studied the Iewish Rabbines understands these words of the Sanhedrim it self By the Judge saith he is understood the high Councel or Senate of Judges which were the Chiefs or Heads of the Fathers of Israel And this he doth not onely say of his own Authority but refers himself in generall to the Hebrew Records and more particularly to Rubbige Maimony in his tract of Rebels ca. 1. Sect. 4. By both it is agreed that this direction is not given to the parties themselves who had any suit or controversie depending in the low Courts but to the Judges of those Courts and to them alone for which I must confess I can see no reason in the Text or context 31. For if you look into the first words of that chapter we shal find it to be a general direction to the people of Israel by which they are commanded not to sacrifice to the Lord their God any bullock or sheepe wherein is blemish or any ill favouredness
he instanceth in that great contention between the Eastern and Western Bishops in the Primitive times about the day on which they were to celebrate the Feast of Easter I must needs say he could no● instance in a worse or find out any other example for this inconformity which could be more destructive of the hopes which he builds upon it For though he verily believeth as he saith he doth that God was equally honored by both by such as religiously observed it I cannot think but that he also doth believe that the contention much redounded to the dishonour of God the disgrace of Religion the renting of the Church into Schisms and Factions the grief of many sober and pious Christians and the great rejoycing of the Gentiles that difference begetting such animosities between the Churches and proceeding from one heat to another they fell at last to mutual Excommunications of the opposite parties One thing I must confess I am glad to hear of that is to say that God is honoured by such men who do religiously observe the Feast of Easter but what offence he may give by it to some others as I cannot guess so neither shall I make it any part of my care And therefore I shall leave him as he doth the Judges as best skilled in his own faculty to make good his own Acts. 44. Charged by the Animadvertor for making the distractions and calamities which befel this Kingdom to be occasioned primarily by sending a new Liturgie to the Kirk of Scotland he positively denies that he ever said any such word as that the Liturgie did primarily occasion the war with Scotland Rather saith he the clean contrary may by charitable Logick be collected from my words when having reckoned up a compliaction of heart burnings among the Scots I thus conclude Ch. Hist Lib. 11 163 Thus was the Scotish Nation full of discontents when this Book being brought amongst them bare the blame of their breaking forth into more dangerous designes as when the Cup is brim full the last though least superadded drop is charged alone to be cause of all the running over and then he adds Till then that the word primarily can be produced out of my Book let the Animadvertor be held primarily as one departed from truth and secondarily as a causless accuser of his brother I have stood behind the Curtain all this while to hear the Appealant rant himself out of breath without fear of discovery and that being done I shall take him gently by the hand and walk him to the beginning of the Scotish tumults where we find thus viz. But now we are summoned to a sadder subject from the suffering of a private person to the miseries and almost mutual ruine of two Kingdoms England and Scotland miseries caused from the sending of a Book of Service or new Liturgie thither which may sadly be tearmed a Rubrick indeed dyed with the blood of so many of both Nations slain on that occasion Ch. Hist Lib. 11. fol. 159. 160. And now I would fain know with what charitable Logick any thing else can be collected out of those words but that the miseries and calamnities which befel the Kingdom of England were occasioned primarily by sending a new Liturgie to the Kirk of Scotland For first in Marshaling the Causes of those miseries and ruines in which both Kingdoms were involved he makes the sending of the Book of Service and new Liturgie thither to be the prime cause both in order and nature of the whole disturbance Secondly he speakes plainer in these words to confute himself then had been formerly observed by the Animadvertor the Animadvertor charging him for no more then saying that those calamities and miseries were occasioned by sending the new Liturgie thither which now he plainly doth affirm to be caused by it And thirdly though the word primarily be not found in that passage yet he must be a very charitable Logician who will not find it in the order and method of Causes which are there offered to his view deduced they may be from his book though it cannot be produced out of it and therefore he may take the departure from the truth on himself alone and send for the accuser of the Brethren to keep him company 45. Concerning the release of the twelve Bishops for now he grants them to be twelve which before he did not he hopes to have me upon some advantage for denying them to have continued eighteen moneths in the Tower without any intermediate discharge pro tempore but not being willing out of his abundant charity to have me persist wilfully in any error he directeth me to be informed by Bishop Wrenn that none of them were released before May 6. And from that reverend Prelate I could as willingly take my Information if I had any convenient opportunity to ask the Question as from any other whosoever but being I am at such a distance I must inform my self as well as I can by my Lord of Canterbury who in his Breviate tels us this That on February 14. 1641. there came an Order that the twelve Bishops might put in bail if they would and that they should have their hearing upon Fryday and that on Wednesday the 15. they went out of the Tower Assuredly my Lord of Canterbury cannot be thought to be so ignorant in the affairs of his Brethren being then fellow Prisoners with him as not to understand their successes whether good or bad or to be of such a careless Pen as to commit so gross an error in matter of fact especially in such things as were under his eye and therefore I resolve as before I did till I shall see some better reason to the contrary then I have done hitherto that there was a general Order for the discharge of the twelve imprisoned Bishops on Feb. 14. and that they were remanded back again by the power and importunity of the House of Commons upon the reasons formerly laid down in the Animadversions 46. And here I would have left the Bishops to enjoy their liberty but that I am called back again to congratulate with the Archbishop of York for holding the Deanry of Westminster in commendam on so good an account I thought till now that he received it as a favour not an act of Justice but the Appealant hath enlightned my understanding with a clearer notion telling me that King Charls confirmed that Deanry upon him for three years in lie● of the profits of his Archbishoprick which the King had taken sed● vacante If so his Majesty must be either more just or more indulgent to Bishop Williams then he had been to Bishop Neil his old trusty Servant whom I find not to be gratified with any such commendam or compensation either when he was promoted from Durham to receive Winchester or translated from Winchester to the See of York and yet the King had taken the vacant profits of those Sees for a longer time that is to say