An answer to the Animadversions on the History of the rights of princes, &c. by Gilbert Burnet. Burnet, Gilbert, 1643-1715. 1682 Approx. 56 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A30324 Wing B5761 ESTC R7324 11630364 ocm 11630364 47930 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A30324) Transcribed from: (Early English Books Online ; image set 47930) Images scanned from microfilm: (Early English books, 1641-1700 ; 484:27) An answer to the Animadversions on the History of the rights of princes, &c. by Gilbert Burnet. Burnet, Gilbert, 1643-1715. [2], 22 p. Printed for Richard Chiswell, London : 1682. A reply to Thomas Comber's Animadversions on Dr. Burnet's History of the rights of princes, 1682. Another issue appears in his "A collection of several tracts", 1685. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Comber, Thomas, 1645-1699. -- Animadversions on Dr. Burnet's History of the rights of princes. 2003-10 TCP Assigned for keying and markup 2003-10 Aptara Keyed and coded from ProQuest page images 2003-11 Olivia Bottum Sampled and proofread 2003-11 Olivia Bottum Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion AN ANSWER TO THE Animadversions ON THE HISTORY OF THE Rights of Princes , &c. By GILBERT BURNET , D. D. LONDON , Printed for Richard Chiswell , at the Rose and Crown in St. Paul's Church-yard . MDCLXXXII . AN ANSWER TO THE ANIMADVERSIONS ON THE HISTORY OF THE Rights of Princes , &c. WHen I first met with the Animadversions on my Book of the Regale , I was not a little surprized to find so many things laid to my charge , of which I never so much as suspected my self guilty : and thought it very strange if I had so unhappily expressed my self in that Book , that I had given any just occasion to such severe accusations . I knew well my intentions were innocent and sincere , and I thought my stile was not so dark or perplexed as to lead a Reader into such mistakes concerning my meaning . But what darkness soever might be in my expressions , I was very well assured I had none of those ill intentions , with which these sheets charged me . What faults soever I may be guilty of , I am sure want of Integrity or Ingenuity in my Writings is none of them , and for false Inferences , I may through weakness of Judgement perhaps draw them : But I am sure I neither affirm nor suggest any thing falsly ; and do think a lie in a Book is so much a greater sin than in discourse , as it may last longer , and deceive more . And upon this point , as I venture my Soul in relation to another World , so I chearfully venture my reputation , which is the valuablest thing I have in this , if it can be made appear that I have shewed either in that Criminal-book , or in any other I ever writ , the least disingenuity , want of integrity , or falshood . Finding my self so severely accused from the Press , in a way so publick , as that of two sheets sold about the streets , and with care conveyed to such persons , whose ill opinion might have a particular ill effect on me , I could not be so over-charitable as not to think that the Writer or Publisher of this , or both , were not acted by so charitable and candid a Spirit as became men of their profession . I found these sheets first in a Stationers shop , and some hours after , that I might not want the comfort of them , they were left at my house by the Penny Post : I wondred much to see a man that professeth a zeal for the Christian Religion , act so manifestly against some of the plainest precepts of it . For besides the railing and ill language in it , and the uncharitable Inferences and Judgements that are made to my prejudice , the manner of doing it is so directly contrary to our Saviours rule of speaking to our brother first in private , and then in the presence of a few , before we proceed publickly against him ; that in Charity to the Animadverter or the Publisher , I am bound to think that he made no reflection on that precept while he wrote or published these sheets . I speak of the Writer and Publisher as of two different persons , because he who is generally supposed to be the Author , did very seriously protest to one of the Right Reverend Fathers of the Church , that whosoever was the Author of those sheets ( which he did not directly acknowledge was himself ) he did not intend to publish them till I had first seen them , but that he had put them in the hands of another to have them communicated to me , who without his knowledge published them ; and he expressed over and over again some trouble by reason of their being Printed in such a manner . This I take as it was told , without making any reflections on it . It cannot be denied , but his friend shewed an officious keenness in this matter , and it is hard to tell whether in publishing them without his leave , he shewed himself less his friend than mine , and it was a strange piece of forwardness to Print such Animadversions without the Authors consent , especially he being here in Town . I had indeed upon another great occasion , shewed how ready I was to receive corrections of such mistakes as I had made , and how willing I was not only to submit to so kind a censure , but publickly to own to the world both my own Errours , and the obligations I lay under , to that friendly and learned person who discovered to me some faults in the first Volume of my History of the Reformation of this Church . I confess the stile of these Animadversions had nothing of the gentleness and good breeding which was in the other Animadversions , and as much as the one exceeded the other in the matter , being really well founded , so much did it also in all respects shew the worthiness , the exactness , and the candour of the Writer , which , I confess , do not appear so very evidently in this : And I must say , if it was intended I should have seen it first , and so have been gained by it to have retracted what was amiss , the stile was not well considered : For he that reproves and corrects as a Brother , with design to gain ground on him to whom he offers such admonitions , ought to gild the pill , and do somewhat to temper the aversion that is too natural to all men for such discoveries . As soon as I went home , and had got among my Books , I turned to the places for which I was accused , and quickly found there was no cause given for all those Tragical complaints ; and that notwithstanding the discipline that was so liberally bestowed on me , there were only two places in which there was the least colour of advantage against me . The one was , that I cited a Capitular of Charles the Great 's that was not full to the point , and forgot to refer to another that was much fuller . The other was , that I had taken Zonaras's words too large , and that what he had said was neglected by the greater number of the Bishops , I cited as if all the Bishops had neglected it . These being the only two passages for which I could censure my self , I did take heart a little , and presently writ a particular Answer to the Animadversions , in which there was mixed such a sharpness of stile , that how much soever I had been provoked to it , yet I could not think it any way becoming my profession to publish it with so much acrimony , which I thought might be more easily forgiven in that Paper , that was intended to be seen only by some few , and in particular by him that was supposed to be the Author of them , for I was not unwilling that he might see what I could in Reason and Justice say in my own defence , and in answer to him , though upon other reasons I did not think it convenient to publish it to the world in that stile . In the beginning of his Paper I am told that there are so many things that seem amiss in my Book , that it would be extreamly tedious to set them all down , and that therefore some general hints , and a few instances are only pickt out . This , I confess , I look on as an artifice too common to work much on any person , and therefore I do believe the Animadverter has done his worst : yet lest I should fall asleep upon this confidence , I am told in the end that if I do not speedily correct in a second Impression what is amiss in the first , I may look for some rougher hand ; but what hand can be rougher that keeps the Kings Peace , and does not use a Cudgel or a Brick-bat , I do not imagine : For how I can be used more sharply in words , than when I am taxed with want of Integrity and Ingenuity , of falshood and sedition , and being an Enemy to the Government both in Church and State , I cannot readily apprehend . But , I thank God , I have learnt to bear ill language and unjust dealing without making the ordinary returns . I will not pretend with the Philosopher to say , If an Ass kick , shall I kick again ; but , I hope , I may be allowed to learn of our Saviour , who when he was reviled , reviled not again : and since he has commanded his Disciples to pray for them that despitefully use them : I shall make no other return to all those reproaches , but to pray God to inspire both the Animadverter and the Publisher with a better temper , and to make them consider well when they bring their gift to the Holy Altar , whether before they offer or consecrate it , they ought not to do somewhat previous to it , for the satisfaction of one , whom , without any cause that I know of , they have treated not as a Brother , but as an Enemy . I once intended to publish no answer at all , but to rest satisfied with the Vindication which I offered to a few of my Friends , and to the sight of such as desired it , having laid my answer in a Stationers shop , where any that were curious might find it . I was firmly resolved against saying any thing in Print at all , for I thought in a time of common danger we had something else to be busied about than the engaging in personal matters , by which the Enemies of the Church might have the diversion of seeing us employ the Press one against another , and I had some time ago freely , and of my self promised to some of my superiours , that if any thing in my Book should draw forth an Answer from any of the friends of the Church , I should sit silent , and leave what I had written to stand or fall according to the strength that was in it . This I meant only of such a fair answer , as might have been expected from a Scholar , or a Divine , and therefore I did not conceive my self bound by it , when I was so openly , and violently traduced , yet I was so exact to what I had seemed to promise , that I would say nothing of this matter , till one of the Right Reverend Fathers of the Church told me it was necessary for me to free my self of those imputations ; and he undertook that my superiors should not be ill satisfied with it , if I wrote without reflection or sharpness of stile . Upon this Encouragement , I now publish my answer , and shall observe that caution so carefully , that I will rather give the Reader cause to complain that I write flat , than sprinkle it with that Salt , which is thought necessary to give some relish to this dull sort of writing . And if those that read what I wrote first , thought it too sharp , I am confident they will rather think this is too much in the other extream . I do not affect Satyre , nor am I so much concerned in what censures may pass upon me , as to endeavour to redeem my self from them , by any methods which are not sutable to the gravity and gentleness that become my Profession . I now come to the Animadversions themselves . The first thing objected to me is , that the greatest part of the instances in the former and latter parts of my book are borrowed from De Marca , and that I disguise them as if I had taken them from the Originals : I do not deny that I read De Marca very carefully , but he must needs know , if he has compared the Quotations , that I have searched the Originals themselves : And indeed I do not remember of any one Quotation in that whole book , taken from second hand , which I do not cite as from that hand . For this he first cites page 27 , 28 , 29 , 30. compared to De Marca , page 383. In all which there are but ten Quotations , of which four are not mentiond by De Marca , so that here are but six Quotations that he can pretend are from him . He again cites Page 205. 210. and refers me to De Marca 439. and 442. Page 205. there are four Quotations , of which three are not cited by De Marca , and for the fourth , if he will come to my closet he may see my mark on the book from which I vouch it . Page 210. there are but two Quotations , one is from Balusius notes upon De Marca , and the other is from Goldastus , which though I have not by me , yet I compared it exactly , so this charge comes to nothing . His next charge is , that page 16. I had asserted with De Marca , that there was no set quantity for the Christians oblations ; but forgot to observe from him , that Irenaeus said they exceeded the tenth part of their Revenues . I assert no such thing from De Marca , but from St. Paul , that he set no rate on them : And it was not necessary that I should vouch Irenaeus from De Marca , when in that very page I cite his own words , that the Christians did not give less than the Iews , who gave Tithes , but converted all they had to Religious uses ; and I do not see how necessary it was for me to say that De Marca had observed this . The second head of my Accusation is of those passages , wherein I have mistaken the words or the sense : I shall not criticize about the mistaking of words , which may be miscited , but not mistaken . He tells me he could at least produce 40 examples of this , but in great tenderness for me , he gives 7 for the specimen ; so the other 33 are to be judged by these . The first is page 13. He accuses me for saying that mention is made of Elections by the People in the Second and Sixth Canons of the Council of Nice ; and affirms that mention is made of them in neither of those Canons . I see no way of conviction , but to consider the Canons themselves . In the Second , mention is made of some things that were done against the Ecclesiastical Canon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , through the urgency of men ; and they instance it in two particulars , the one is that they brought those who were newly converted from Heathenisme to be baptized ; the other is , that as soon as they were baptized they used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to promote or bring , or advance to a Bishoprick , or Presbyterate . Now though these words alone might perhaps be wrested to another sense , yet if we compare them with the History of that time , they can admit of no other sense ; especially if we compare them with the citations from Nazianzen , page 32. And for the Sixth Canon that common suffrage of all 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which was to take place , notwithstanding the opposition of two or three , can only be understood of the Election by the People : For that suffrage which the Bishops gave , when they approved of it , and proceeded to ordain the elected person , was not determined by the Majority : For the Metropolitan had a Negative . So that the Election where the Majority prevailed , must be only understood of the decree , that was made by the people . I did never deny that the Bishops had a power to confirm or reject this Election , but do expresly assert that they were Judges of the fitness of the person chosen . Page 18. He accuses me for citing Cyprians words , Epist. 66. wrong , and to make this pass the better he puts those words which I had set down as my own , in Italica , to make it appear that I had set them down as a part of Cyprians words , and had rendred quae nunc ratio & forma tenetur , instead thereof . If the scope of Cyprians Epistle is considered , it will appear to how little purpose these words are cited . St. Cyprian is arguing against Churchmens medling in Secular affairs , and he brings the instance of the Priests and Levites among the Iews , who were well provided for by Tythes , that they might have no tentation lying on them , to entangle themselves with the cares of this World. Which reason and form , says he , is observed in the Clergy : The reason was that they being well provided for , might be freed from these distractions , and the form was their receiving their share out of the Basket , as a Tythe of the fruits of the Earth . In the end of this Paragraph , he accuses me for saying that Origen affirmed that First-fruits were only to be payed under the Gospel : and says that he mentions Tythes as due under the Gospel . By this it appears that either these Animadversions were writ in hast , or that the writers thoughts went too quick , for all I said was that Origen concluded that First-fruits only were to be brought to the Priest. And it is certain that he does not speak one word of paying Tythes to the Priest ; but all along repeats that of the first-fruits : So that it does not appear that he thought it necessary to bring Tythes to the Priest. But I never said that he affirmed that first-fruits were only due under the Gospel . There is a great difference between what was to be paid to the Priest , and what Christians ought to set off for Charitable and Pious uses . Page 52. He accuses me for saying that Charles the Great subjected the Church Lands to the common services , such as building of Bridges , &c. And I do not deny that the Capitular there cited does not clearly prove it ; but it proves this , that those that were obliged to those services were to be required by such as the Bishop and the Count should name , and who these were appears by an ancienter Capitular of Pepins the younger An. 793. cap. 20. by which all persons were required according to ancient custom to repair Churches , to make Bridges and mend High-ways , and none were to pretend immunity : Which is clearly a carrying on of Honorius and Theodosius his Law cited from Iustinians Codex . Here I confess at the first view he seems to have some advantage , but what it amounts to , I leave it to him self to judge . Page 71. He quarrels with me for citing some formularies concerning the endowments of Churches : and tells me those are the endowments of Monasteries and not of Parish Churches ; But I did not name Parish Churches ; this was put in by him , otherwise he had lost his Objection . I hope he does not deny that Cathedrals are Churches , though possest by Monks . I cite but four of these , and of the first it does not appear what sort of Church it was ; of the second it is clear it was the Cathedral , where St. Martins body lay ; and it mentions Rectors as well as the Abbot . The third and fourth that I cite , are general forms of endowment , for Churches that had either Abbots or Rectors in them , and were to be filled up according to the constitution of the Church , to which the endowment was made . Page 116. What I had set down concerning Abraham with a perhaps , and an it seems , he cites , as if I had positively asserted it , with this kind Animadversion , that I wrest the Scripture to undermine the Clergy's maintenance . If to commend the Princes that provided so I berally for the Clergy , and to condemn as a great wickedness the taking away or detaining that which is so dedicated to holy uses , be an undermining of the maintenance of the Clergy , I acknowledge my self guilty of it ; but if this imports the quite contrary , then he was too inconsiderate in his censure . Nor will it serve his turn to say that some Eastern Kings did take Tythes ; that being begun when the Kings and Priests were one person : For Samuel that is the ancientest Author cited for it , lived some ages after those two Offices were divided : And St. Paul Heb. 7. ver . 2. after that he had said that Abraham gave a tenth part of all to Melchizedeck , adds , He being first by interpretation King of Righteousness , and after that also King of Salem ; and ver . 4. he says consider also how great this man was , unto whom even the Patriarch Abraham gave a tenth of the spoil . I leave it to any impartial man to consider if this will not justifie my exposition , guarded with a perhaps and an it seems . It is true St. Paul argues afterwards upon the supposition of Tythes being due to Priests , but this was to the Iews to whom he wrote : But if he had intended to bring the Christian Church under the like obligation , it is not very accountable why he did not say one word about it , this being so proper a place for it . Page 143. He challenges me for saying that the 14. Canon of the Council of Chalons obliged the Bishops in their visitations to confirm , and not to prey upon their people , and tells me that the Canon did only oblige , that when they did visit to confirm , they should not oppress their people : But the Canon in general speaks cum Episcopi Parochias suas peragrant , & si quando peragrandae parochiae necessitas incumbit , and charges them that they should confirm , enquire what was to be amended , Preach the word of God , and that they should use their industry rather in the gaining of souls , than in the robbing and spoiling of their Subjects , and scandalizing of their brethren : Now I am not quick sighted enough to divine what can be made out of this . Page 192. He challenges me for citing Zonaras , saying that there were no Stewards in the East in his time , and alledges that he says that many Bishops , and some Abbots did not regard the Canon that enjoyned the use of them . But he says that the greatest part did not observe it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in which it is true I enlarged the expression too generally , and put no for few , yet he contracts it as if it only signified many : But the whole matter is of no consequence . And now if the rest of the forty places be to be judged of by these as the sample , I shall not much apprehend the censures of Learned and impartial men ; but if a man has before hand resolved to find fault , it will be no hard task to write severe strictures , on much better books than I can pretend mine to be . But now I come to the third head of this accusation , of my omissions of many passages which the Animadverter thinks were as obvious to me as those I have cited ; and he judges that they were past over by me , lest they should look too favouorably on the Clergies power or their right to the Tythes . But he does not know if these were as obvious to me , as it seems they were to himself ; and he must know me better than he does yet , before he can judge what my intentions are . Page 40. He quarrels with me for not citing a part of the 23. Canon of Antioch , and the 13. Canon of the African Code , which speak of the Election of Bishops . By the Metropolitan and the other Bishops of the Province . But this was not at all necessary to be mentioned , for I had laid it down as a thing undisputed , over and over again , that the Bishops had a power of judging , after the people had pitcht on the person ; nor was it ever imagined by any that I know of , that the Bishops met meerly as tools for ordaining those that were nominated by the People ; though violence was sometimes used , for which see what I have said page 7 , 8 , 9 , 12 , 13. therefore having laid that down as an unquestionable truth , there was no need of accumulating more proofs : So there was no cause to charge this on me as a designed omission . Page 72. He charges me for leaving out the clearest and firmest proofs for Tythes , of the Fathers of that age ; and yet as there are none more eminent than Chrysostom , Ierom and Austin whom I cite ; so I do not remember to have fallen on any thing more express for them in Doctor Combers History of Tythes . It is very strange that he does not observe a difference between the advising People to set off more than a tenth for Charities , and a rule obliging them to pay in a tenth , as a Rent due to the Priest. And that this was never set up in the Greek Church , nor authorized by the Roman Law , seems some inducement at least to a man of no extraordinary sagacity , to believe that the Divine right of Tythes payable to Priests , antecedently to humane Laws , was not the Doctrine of that age . Page 119 He challenges me for not citing all the Laws made by Charles the Great , for the payment of Parochial Tythes , and is not satisfied that I cite two . But my purpose was to shew it was setled by him ; and I do not see the great need of telling how oft this was repeated by him : And after that I had said that Alfred had setled the payment of Tythes in England , I do not see why he should object to me the not mentioning the latter Laws that came afterwards : For either those were only confirmations of the former , and so they signifie nothing ; or all that could have been drawn from them was to represent the unwillingness of the People to submit to them , and who knows but he would have made this criminal in me . Page 127. His next exception is that I say before Caroloman and Pepin , there had been no Synods in France for 80 years , that is from 662. till 742. and this still holds good , notwithstanding the four he mentions ; for by Synods it is plain , my meaning was Assemblies for regulating the affairs of the Church . Some meetings indeed there were in that interval , which seem rather to have been Assemblies of the Estates or Parliaments , than Ecclesiastical meetings : For in some of them the Priviledges of Monasteries were confirmed , and in other Bishops were condemned to be beheaded . But that which he cites from Binnius at Chalons is not in my Edition , nor will I enter into dispute with him whether Vtrecht belongs to France or Germany . But for justifying what I said , Boniface his letter to Pope Zachary is a sufficient authority , for ( cap. 2. ) he writes to him that the Franrks , as ancient men then said , had had no Synod for above eighty years . This serves to acquit me and hereafter he may deal with Boniface as he pleases . Page 129. He accuses me for passing over some words in a Canon at Akin which shew that Charles the Great believed that Tythes were due by a Divine right . But he cannot think I intended to disguise this matter , for page 113. where I first enter upon it , I do largely set out the Churches pretending to a Divine right for them ; and it was needless to repeat this at every time , though I do expresly speak of it again page 140. and 141. Page 180. He accuses me for leaving out that provision made for the Emperours power of annulling Elections by the Clergy and People , in the Popes concession of the investiture to the Emperour . But if this is not plainly enough insinuated in these words , that when a Bishop was canonically elected by the Clergy and People , he should not be consecrated till the Ring and Staff were given him by the Emperour , I am to seek as to the true use and sense of words : For this clearly expresses that the Emperour had a Negative , and by consequence the power of annulling Elections : and they are the very words of the Popes concession . The fourth Head is of the contradictions he finds me guilty of , of these he reckons up three , but with what success I now come to examine . Page 52. and 169. I had affirmed that Church Lands in England before the Conquest were subjected to the service called Trinoda Necessitas , for Fortifying Castles , building Bridges , and a rate for an expedition , and yet from Matthew Paris I assert that they ▪ held their Lands in Frank Almoin , and so were free from all secular service . He acknowledges I have cited Right from Matthew Paris ; so all his quarrel must be for what I say of the Trinoda Necessitas . I my self have seen it in some Original Charters in the Saxon time , which I am ready to shew him as soon as I certainly know his name . If there is a contradiction between these two things , I am not to be blamed for it , having good authority for all I affirm : And if there should fall to be a contradiction betwixt Original Charters , and Matthew Paris , who was a Monk , and so ready to speak in favour of their priviledges , one would think it were not very difficult to determine the controversie . But if they can be both reconciled , then the contradiction and objection both are out of doors . They were exempted from all constant and personal services , and so were free from the bondage of the feudal tenure , yet upon great emergents they might be obliged to bear a share in the public burthens . The two other contradictions are a little odd . He tells that whereas page 117. I had made this distinction betwixt the Levitical Priesthood and Church men under the Gospel , that whereas the former had not the charge of Souls , the latter had it ; and yet page 323. I say the distinction of with cure and without cure is ill grounded , and savours too much of the niceties of the Canonists . Now where to find out the contradiction here , is really above my skill ; I had asserted that Church-men under the Gospel have the care of Souls ; and pursuant to this , I rejected the distinction of benefices with and without cure , ( the word benefice was left out , for it would have spoyled this imaginary contradiction . ) If the quarrel to me is , because I am displeased with those , that whatsoever be the nature of their Benefice , are sure to make them sine cures , I must submit to his indignation , for I cannot easily change my mind in that particular . The next contradiction is no less strange , page 126. I blame Bishops for turning Souldiers ; and yet page 131. I relate how they were forced to go to the Wars . Now if it is impossible to force a man to do a thing unbecoming his profession ; here 's a contradiction with a witness : But he may as well call it a contradiction to blame men for apostatizing from the Faith , and yet shewing how they were forced to it by Persecution . Having thus far examined the contradictions objected to me , I now come to consider another part of my charge that falls under the fifth head , of my odd and mistaken assertions , false reasonings , weak suggestions , which only shew ill will to the power and rights of the Clergy ; and of this he gives ten instances . Page 18. I tell that St. Cyprian gathered 100000 Sesterces for redeeming Captives , and yet page 21. I seem to think it Poetry in Prudentius , when he mentions the Christians offering thousands of Sesterces : whereas I made no reflections on the quantity of the summ , but upon that acusation of the Heathens , that the Christians sold their Lands , and brought in the prizes of them , and of this all I say , is that it 's hard to determine how much of Poetry may be in it . Page 65. He accuses me , that in imitation of Mr. Selden , I cite Canons that were made to prevent abuses , and were frequently established upon one or two ill practices , to prove abuses crept into the Church , which he calls a false and disingenuous way of arguing . This I had said when I began to treat of the Canons of the Council of Chalcedon , and eight of these Canons do expressly mention abuses crept in : Now one would think that this might suffice to acquit me of falshood or disingenuity . The maxime is not more common than true , Ex malis moribus oriuntur bonae leges , and few Law-givers have the foresight to prevent abuses , though all that are good have the zeal to condemn them when they appear . Page 72. He accuses me for saying that in St. Chrysostome's time there was no rule set for the Charities of Christians , and says that my own instances prove they thought it a sin to give less than a tenth ; yet St. Chrysostome expresly says he did not pretend to make a Law in that matter : and there is one distinction that he seems resolved never to observe , between the setting a rate on what the Christians were bound to pay into the Church , and the directions that were given them for their Charities . Page 80. He condemns me for what I say against converting fines to Secular uses , and says that since the money raised out of Tythes may be applied to the maintenance of ones family , which is a Secular use , why may not fines raised by Leases be applied to the same purpose ? But it 's clear I was speaking of those Fines that were raised to the prejudice of ones successors or of the Church , so in this case I plead for the Rights of the Church . There is indeed no reason to blame the levying of fines , if the Leases do last but ones own life ; but I cannot see why an Incumbent should have a consideration for those years in which his Successors may enjoy the Benefice . Page 113. He says I applaud the distinctions found out to diminish the payment of a full tenth part , whereas I neither applaud them nor condemn them , but barely relate matter of fact : He also accuses me for calling it the heaviest tax that any Nation ever came under , as if I forgot that this is all that men give for the provision of Ministers to look to their Souls , which insinuates that he thinks it still too little ; And says , that I do not consider that the Iewish Nation was put under a double Tythe by God himself . This last he knows I have considered , and shewed the difference between Jews and Christians : The former having their soil given them immediately by God , who might therefore lay what charge on it he pleased , which is not the case of Christians . A tenth in a cold climate , upon a moderate computation , will rise to a fifth , if not to a fourth part of the revenue . Now the People of this Nation are estimated at six millions , and the Clergy are about ten thousand ; the six hundredth part of the whole . It will be necessary therefore that the proofs be very clear , before it can be easily believed that the six hundredth part of a Nation have by Divine Right , a title to a fourth or fifth part of its Revenue . One would think that the Taxes for the preservation of the State ought in reason to be much higher , the necessary expence of Government being much greater ; and yet no Nation in Europe , unless it be France of late , has paid a half of the full tenth of the growth to the publick treasure . He also goes on confidently in one mistake , though I have taken some pains to rectifie it in my Book , that the Tythes are the Priests portion alone , whereas I have fully proved that at first it was appointed that they should be divided between the Clergy and the Poor : I confess , I have great prejudices to any Doctrine , which if true , puts a whole Nation in a state of damnation , and brings them under so hainous a guilt as the sin of Sacriledge must draw after it . He asserts the Parochial Right of Tythes , and that he that blesses the People has a right to them ; and if this is true , then the King , and all the Nobility and Gentry that are impropriators , all the Bishops , the Cathedrals , Hospitals and Colledges who have impropriated Tythes in their Revenues , and all Non-residents who farm out the blessing of their people to their Curates , and yet raise the Tythes , must be every one of them in a state of damnation . For the last of these I am not very sollicitous , but for the former , I will not easily drink in such a damning Doctrine . Page 117. He accuses me for gathering some odd pretences to give reason why Tythes were easier to the Iews than to us : He says , I urge the vast number of the Priests , and one would think that the thirtieth part of a Nation ( which was the lowest proportion of the Tribe of Levi ) had a right to a greater portion than the six hundredth part . He also says that I urge the fruitfulness of their Land and the barrenness of ours , which , he adds , I drew from the Quakers Books , but I can assure him , if he will believe me , I never read one of them on this Argument . I think it is no such Mystery but that any Man might have hit on it , that a fruitful Land may pay a greater Rate than a barren : But I have given no advantage to the Quakers for their unjust Robbery of Church-men , or rather the robbing of God , in detaining that which the Law provides for them ; which it might well do , tho there were no antecedent divine Right making it necessary : and the Law , which is the Measure of Property , having determined this , the denying to pay it is as much Injustice , as robbing on the High-way : the Sin of which is not one Jot the less , tho no Man can make out his Title to his Goods from a divine Right . And the Sin of this is so much the greater , as the robbing God must be greater than the robbing a private Person . Page 118 , he accuses me for affirming falsely concerning us and the Iews , that the same Rule was applied to all : tho I grant that the Iews Tithe was but a fifth Part , and know that the Christians was but a tenth . So here I lie against my Conscience . I will not say this is a willful Mistake in him , but I am sure it is a gross one ; for the all , to whom I say the same Rule was applied , does not belong to Jews and Christians , but to the Northern and barren Climates , where the Returns are not above ten , five , and in some not above three . And for the kindness of his Censure , I leave it to his own Conscience to consider , how far he is bound to ask God Pardon for it . Pag. 172. He condemns me for my Criticism about the Term Bishoprick Anno 1077 , and says , that I bring Proof that it was earlier used : and yet all that Proof is the Title of a Chapter , where it is once used ; and every Body knows that Titles we reset before Books or Chapters some Ages after they were written . Page 199. He accuses me for saying that Kings might begin the Seizure of the Goods of deceased Bishops , as representing the People , who before might make those Seizures : and whereas the Poor at first made them , he argues that the Kings could not be supposed to represent the Poor . But since I pretend only in this Matter to proceed upon Conjecture , any Errour I may be guilty of , ought to be easily forgiven me : and I tell what might have fallen out in Fact , and not what is to be defended in Right . It is probable , as long as the Bishops were poor , the poor only spoiled their Goods ; but when they grew rich , it is like enough others might have mixed with the poor in these Spoils , and that might have invited the Officers of Princes first to seize on them . Page 320 , He accuses me for saying that there was nothing so dedicated under the New Testament as was under the Old , and cites that of Ananias and Saphira . But certainly great Difference is to be made between a voluntary Dedication , and a divine Appointment , and between the Laws of God , that cannot be repealed but by the same Authority that first enacted them , and human Laws , that are still subject to the supream legislative Power . But his last Instance makes Amends for all the Defects in the former . This Nation has been under great Apprehensions of Popery : many Expedients have been proposed , and the Dangers have been much considered , and nothing has been more seriously examined by both King and Parliament for some Years , but none of them were so wise as to foresee one Danger , with which he frights me : Because I determined , that a Popish Prince may extend the Regale to all Churches in his Dominions , and this he thinks an unseasonable Assertion to publish here in England , as our Case stands with respect to the next in Succession . But if this be all the Danger he apprehends , he may go to bed and sleep very securely , for the Regale is already in the Crownhere , and has been for some Ages extended to all the Churches in England . So the next Prince can add nothing to what the Crown is already vested with . The sixth Head , for which I come under his Discipline , is the many gross Reflections on the Clergy , both ancient and modern , which he thinks prodigiously strange , and especially in this Age , and that the rather , that the Ground of many of the Accusations is false , and to bring this to Instances he complains , that Page 26 , I inveigh against the Corruptions of the Church in the Beginning of the fourth Century , and yet acknowledg that the better and sounder Part did still prevail in publick Synods : from which he inferrs , that if the major Part was good , there was no Ground for that Invective : Yet any that reads that Passage will hardly find much of Invective in it , and it 's far short of what might have been cited from Nazianzen and Chrysostom , whose Credit he would be sure to magnify , if it made for him . The running backward and forward as they did , in the fundamental Points of Faith , will justify a far severer Character than I give of them : and may not a Church be corrupted , tho the Majority continues sound ? Nor can we judge of the Majority of a Church , by the Majority of a Synod , for all Bishops did not come to every Synod . And I may likewise add , that many will be guilty of ill Practices , that have not the Face to defend them , when they come to be examined . Page 33 , He accuses me for calling Constantius a superstitious weak Man , upon the Credit of Marcellin a Pagan Writer . How judicious a Writer he is , all learned Men know : and that Passage , I refer to , has been cited by many of the greatest Men of this and the former Age. Nor was it quoted by me as a Proof , but as an excellent Saying . The Law Constantius made for Churchmen , by which the driving of Trade and Merchandize among Clergy-men was set on , and encouraged , was severely censur'd by St. Ierome , one of the best Men of that Age , who saw the ill Effects it had . But he says , I represent Martel as a brave Man , who robbed the Church . Do I say any Thing in Commendation of him for his Vertues ? I only speak of his good Conduct and great Success in his Wars ; and if this raises his Spleen , I must conclude that he is very much subject to Vapours . He , in the next Place , accuses me for representing Pulcheria as superstitious ; and cites two Authors that say , she was a prudent and pious Woman , but in this he shews no great Judgment of Church-Historians . The first is Zonaras , that lived almost seven Ages after her Time , so that he might have cited Baronius , or the VVriters of this Age , as well as one that lived so long after her . And for Socrates , he does not bring his History down to her Reign nor can I find a VVord of her in him ; tho in this I cannot be positive , having only cursorily run over his last Book . If he had quoted Book and Chapter , I could have sought it out , but the naming the Page , without he had also named the Edition , helps me little : yet I do not deny that she was a very pious and prudent VVoman , nor do I call her superstitious ; but say that she was , even to Superstition , set on raising the Authority and Greatness of the Church : which is a far milder Expression than that he fastens on me . Page 54 He accuses me for thinking that the Strength of our Separatists lies in the ill Lives of the Clergy : But in what does he think their Strength lies ? Is it in their Cause , or their Arguments ? I am sure if I had said this , he would have charged it home upon me , and with Reason . But after all I only say the chief Advantages that the Donatists then took , were from the Corruptions of the Clergy : and this he must either know to be true , or he is a great Stranger to all St. Austin's VVritings against them : and that Discourse I conclude with this general Expression : That in those Prejudices , with which the Vulgar are possest , from the Disorders which they observe in the Persons and Conduct of Church-men , lies the Strength of all Dividers from the publick Constitutions : which I set down as a general Maxime , without applying it to our Separatists . Page 59 , To shew his great exactness in Chronology , he says , that before the fourth Council at Carthage the African Churches had been lately oppressed by the Vandals ; but Baronius and the Collectors of the Councils , place this Anno 398 , and the first mention of the Vandals invading Gaul is Anno 406. Nor did they invade Africk till the Year 427 , 28 Years after this Council . The other Parts of this Remark are not worth the answering . Page 120 He says I boast of an odd Discovery of the VVeakness or Disingenuity of the Bishops , in making two contrary Decrees in one Day : but adds , that if we compare de Marca with Baluzius , both these make good Sense in one Law , and have no Contradiction in them . Baluzius speaks not a VVord of the Canon , and only sets down the Edict : nor does de Marca offer to reconcile them , but only says that the Bishops made the Canon according to the Ecclesiastical Rules ; and that in the Assembly of the States they would not strugle against the King's Inclinations . But if the Annulling of Ordinations made by Authority , without the regular Way of Election , which is in the Canon , be not plainly contradicted by the Proviso that is in the Edict , for excepting from this Rule those that were chosen out of the Palace , I must learn again the Use of the Parts of Speech . Pag. 141 He accuses me of speaking , without any just Ground , contemptibly of the divine Right of Tithes , and for calling Arguments for it irksom Stuff : and all this is , because I speak slightly of those who run it up to Adam , and say that Abel was a true Tither , and Cain a false one ; of this I shall say nothing , but refer it to every good Judge . He also complains that I with Satisfaction relate ( Page 196 , and 200 ) that all was thought well gotten by Princes , that could be got from the Clergy ; tho I express no Satisfaction at that , but on the contrary great Regret at the Scandals of Church-men , which made Princes and others lose that esteem that former Ages had for them . Page 166 He accuses me , that here and in many other Places I industriously search for those Canons , that may reflect most on the present Bishops and Clergy , and omit many that were more pertinent to the Regale : when he discovers these Omissions I shall be beholden to him , but till then , I must look on these as so many angry VVords ; nor are any of the Bishops that I know concerned in those he refers to . But his Displeasure against me rises higher in the seventh Head , in which he represents me as a Criminal against the State ; and the Care that was taken to convey these Animadversions by the Penny-Post to a great Minister , who is known to have much Goodness for me , shews well on what design this was writ . Page 97 He says I enlarge the Words of Gregoras , but wisely adds , if his Edition is right ; so he is safe till I know his Edition : but let the Reader take them in Greek , and then see what can be objected to my Translation : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Page 199 He accuses me for saying that Princes do commonly assert a Right for any Thing which their Ancestors have once practised ; and to this he answers that of late Parliaments in England have done this oftner than Kings . But what am I concerned in this ? I did not blame Princes for Building upon Prescription , but was only historically shewing , that the Practice of the Regale was confest to be an Abuse at first , but after a whiles Continuance , it was claimed as a Right . Page 244 He shews first great Unacquaintedness with French Constitutions , in calling the Court of Parliament at Paris the Parliament of France : And when Francis the first had delivered up the best part of the Liberties of the French Church to the Pope ; he insinuates as if it were Sedition in me to reflect on the Arbitrariness of that King , and the ill Effects of that Temper : nor do I know what relation this has to late Proceedings , except he will presume to fasten the Imputations of Arbitrariness upon his Majesty . But as it was observed to be a Mark of good Times under the Romans , when Men might safely speak against the Tyranny of former Princes ; so his Majestie 's mild and gracious Inclinations are so well known , and his Resolution to govern according to Law hath been so often and so lately declared , that I am not at all afraid of incurring his Displeasure by speaking against Arbitrariness . Page 250 , 251 He mentions a large Encomium I give of stiff Parliaments , which he says he needs not transcribe , nor tell what it aims at : nor need I tell what he aims at in this . But it seems he cannot tell what I aim at ; for he Mistakes the Thing , and does not rightly distinguish between their Courts of Parliament in France , which answer to our Judges ; and their Assembly of States , which answers to our Parliaments . The Ground of that Contest was , Whether they should deliver up their Liberties to the See of Rome ? and if he condemns me for commending the Firmness of Judges in this Point , it 's plain enough what he aims at , And for a parting Blow he concludes , that the whole Discourse is so very partial for Popular Elections , and strains all Places to make it seem they had more Right than indeed they ever had , that it seems writ to court the Favour of the People . But if he would temper his Acrimony a little , he would see that I have overthrown the Argument for popular Elections much more effectually , than if I had entered into a long VVrangling about Matter of Fact. I shew that they began not upon any divine Right , but upon the Circumstances in which the Church was during the first three Centuries : And that as soon as the Government became Christian , the Town-Councils and Possessors of Lands took it out of the Hands of the Rabble ; which had not been observed by any that writ before me , that I could fall on : so that I think I have effectually overthrown any Argument that can be drawn from the Practices of that Time. One thing I must observe that on which Side soever I may seem to write , I must fall under his Displeasure ; for when I assert a Prince's Prerogative of extending the Regale to all the Churches of his Dominions , he tells me of the Danger of a Popish Successour : and if I acknowledg Matter of Fact as to popular Elections , he says I write for the People . I see I am irrecoverably lost with him ; but a Man must bear his Misfortunes with a patient and constant Mind . The eighth Head is of divers Errours in Chronology , which he is pleased to suppress : tho it appears by his Inquiries into the History of the Vandals that he has a peculiar Talent in that . Some Men always love to be tossing great Names , and therefore he is ever frighting me with the Authority of Dr. Beveridg , whom , for his great Learning and rare Worth , I esteem as much as any Man I know : and he , to his other excellent Qualities , adds so generous and worthy a Disposition of Mind , that he is not at all offended with those , who cannot in every Point agree with him . Therefore as long as I use that Liberty to which all that converse in Books have a Right , of following what I think best grounded , notwithstanding the learned Performances of worthy and great Men , I am not at all afraid of incurring his Displeasure . His last Exception falls on the Compositors and Correctors , and therefore I am little concerned in it . When he had thus performed this Piece of Discipline upon me , in which if I have escaped without any harm done me , I have somewhat else than him to thank for it ; he dresses up a new Scene that he may fall on me again ; and as if all that had been said , were nothing , he begins anew . He leaves it to his Friend to communicate it to me or not , when between them it was resolved to send it to the Press . Then he makes his Conjectures about my Temper , and says , Perhaps I will despise it , and study Revenge for this modest Admonition . I confess I cannot admire it , but I heartily pity him for writing it , and do earnestly pray to God to inspire him and all Church men with a better Temper : and this is all the Revenge I shall return on him . But sure he has a peculiar Dictionary of English Words for himself , when he calls this a modest Admonition . Yet , whatever he thinks of me , it 's very evident from what follows , that he thinks well of himself . But to drop some Crumbs of Comfort , as a little Oil after a severe Whipping , he saies he is loth to believe that I should directly design Mischief to the Church , and is willing enough to believe that this Piece was writ in haste ; and then he tells me on what Terms he may be confirmed in this favourable Opinion : yet , lest this Tenderness should make me too wanton , he adds , that if this modest Admonition does not work on me , I must expect a rougher Hand . But to this I gave my Answer in the Beginning of this Paper . As for the Books that he enjoyns me to read , if this is all the Penance he will lay on me , I hope I may recover his Favour . I have read and do much admire Dr. Beveridg his Vindication of the Apostolical Canons , and am fully convinced by him , that there was an Ecclesiastical Rule or Canon received in the Church before these Councils that met in the Beginning of the fourth Century . But if I am not yet persuaded that that was put in Writing , and in the same Form in which we now have it , and instead thereof think it consisted rather in a Tradition , and constant Practice , I hope that excellent Person will be more favourable to me , than to think the worse of me for it . He next directs me to some Authors that have writ of the Right of Tithes : but I wonder he did not name Dr. Comber his late celebrated Book on that Argument , for whose Person and Writings I believe he has a singular Affection and Esteem ; yet I can assure him that tho that Book came into the World too late for instructing me before I writ concerning the Regale , yet I have read it perhaps with as much Care , and more impartiality than he used in reading mine ; and do look on it as a very learned Work : and hope that worthy Doctor will not make War with me , if I cannot be in all Things of his mind . I think I have now said enough to satisfy all disinteressed Persons , and even the Animadvetrer or the Publisher themselves , that there was no just Cause given by any Thing in my Book , for such severe Censures as he fastens on me ; and I hope he is freed from the Apprehensions he seemed to be under , lest Papists and others should take Advantage from any Faults in this Book to weaken the Credit of my other Pieces : which honourable Compellation is bestowed on some Volums in Folio , that have had the Luck not to be ill-received in the World. But I hope the Credit not only of those Pieces , but even of my Piece of the Regale , shall not suffer much by the Performance of this Piece of his Animadversions . So much I have thought fit to say in my own Vindication . I hope all along I have not forgot the Caution that was given me , of tempering my stile so , that nothing of resentment should appear in it : If any Thing has escaped me , that savours of it , it has fallen from me unawares ; and I humbly beg Pardon for it of the Person concerned . FINIS .