A DIALOGUE BETWIXT PHYLAUTUS AND TIMOTHEUS, In Defence of Dr FVLLWOOD's LEGES ANGLIAE: Against the Vindicator of Naked Truth, Styling himself PHIL. HICKERINGILL. LONDON, Printed for Rich. Royston, Bookseller to His most Sacred MAJESTY. 1681. TIMOTHEUS and PHYLAUTUS. CHAP. I. Of the Author's Name, Phil. Hickeringill. TImotheus, Well met, Phylautus. Phylautus. Why, Phylautus? Tim. I know you call yourself, Phil. Hickeringill, but that Dutoh-Hobgoblin name, is so rugged and harsh in the mouth; and so unsuitable to the smoothness of your Vindication of Naked Truth; that neither myself, 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 frighted 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 changed 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 Phylautus? thou thinkest 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 Phylautus. But prithee 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 myself: 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 Talon: 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 Churchmen too: and thus have provoked them all against me; and is it not time to take care of myself? 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 occurred her displeasure: to speak the truth, she hath always been a Stepmother 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 Bit 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 myself: therefore call me what thou wilt, I am Phil. Hickeringill, and will be so, in spite 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: prithee, 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 Villainy: 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 agone, 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 Westward: and I wonder at my heart, how these Laws, can give warrant to others, in a Hectoring way, to say ●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 chief 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 styling 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 dishonoured 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 betrayed 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 writ that which is true, and set his name to it, how is his Book a Libel? That thou, against whom his Book is written were'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 thyself among thy Abettors; then thou appearest, and showest thyself, though sneakingly, at the Tail of thy Book. Seeing thyself then in the face of those movable waters, thou seemest to fall in love with, and pride thyself, as the Author of a Book so highly esteemed by the weak and disturbed Populacy; and had I not given thee a name before, thou mightest well be called after thy great Grandfather, Narcissus. Phil. Methinks thy way of concluding things with Verses is marvellous edifying: Let me mind thee of what a Noble Pen hath noted to purpose: The people's love, with evil Acts is won: And either lost or kept as it begun. What wind then blows poor Man into this Sea, But pride of heart and Singularity? CHAP. III. A Taste of Phil's Rhetoric and good Manners. TIM. So much for thy Title Page. Casting my eye into thy Book, I find it strewed all over with such fair flowers, bestowed both on the Author and his Leges Angliae, that I am tempted to pick them up, and dress thy self and thy Vindication with them. As for the Author, thou wilt not return him Railing for Railing, as thou assurest him, pag. 21. those wont attacks of effeminate and doting old men: but thou observest, that he is an incomparable finder, and quicksighted Commentator for a man of his age, that cannot see without Spectacles: and that old men can prate and scold, and so does he: Thou stilest him Dull fool; Cursing railer; Prelatical champion; despicable opponent; fibling, quibbling, fribling, fumbling, scribbling Archdeacon: Greedy-gut; gormandizing, unthinking Black-coat; stocked with a little superficial learning: Impertinent D. D. that has not his fellow amongst them all for insolence and impudence, etc. Thus thou adornest the Author; and his Book thou hast so habited, that it looks just like the Author; for, it is the insolent and the empty windy vapours of a huffing Man; trifling entertainment; thin, futile and Cobweb contextures and composures; insufferable and vainglorious petulancy; unparalleled shallowness of expression; extravagances; impertinences; nauseous repetitions; crazy principles; a great deal of prattle to no purpose, etc. But to be serious Phil. is this thy way of answering Books? Shouldest thou not in all justice and Conscience, instance something, either in the Author, or his Book, that deserves (at least in thy own singular opinion, if in no bodies else) such scoundrel, Billingsgate Ribaldry, which turns the stomach of all modest Readers? I must tell thee Phil. what sober men conclude upon it: Thy despising the Author and his Book, without Evidence, will provoke him and thy Reader to despise thee; and that not without cause, both Logical and Moral: For 'tis observed, that when passion gins to bluster thus, 'tis an argument, that there is both need and want of Reason: And that where the breath stinks so abominably, the bowels are rotten; there is rottenness within: for out of the abundant superfluity of naughtiness in the heart, the mouth utters such pestilent steams: And thus thou hast shown thyself, in the judgement of all wise and good men, both a bad Advocate and an ill man: This seems to lie heavy upon thee, and how thou canst shake it off, I know not. Phil. Tim. art thou Mr. Dullman too? let me indoctrinate thee a little better. Know then, that the kind of Cattle that stare at, and prick up their ears to hear Hickeringill, are prepared to embrace any thing that I call Naked Truth; and is thrown out bravely, and boldly against Churchmen, especially their Courts. My business is not to satisfy Reason (where there is none to deal with) but to keep up and cherish prejudice, to foment and inflame passion and Faction, and thus to carry on the grateful interest of the brutish Populacy: and we must have Engines suitable to the work we are about: and what are they, but to despise dominion, and to speak evil of dignities? and to throw dirt, with both hands, at all that are Advocates for Government? When a man is honoured as the Head of the Herd, thus engaged and led on, the enemy's Reason shall never hit us; nor our Rage and Railing ever miss them: and the Intrigue goes on. Thou wilt find anon, that I grant his Arguments cannot be answered; therefore, that's a work not to be undertaken in earnest (though here also I set up my colours, and entertain some slight skirmishes) but while I hector, and rant, and call Names, with impudence (enough, thou thinkest) the people will find sufficient reason to cry victoria: Say no more Tim. I know it by experience. Tim. Phil. so wise and ingenuous discourse shall be crowned with a Verse. Thus we discern, what courses they must hold, That make this Humour of Applause their end: They have no true, and so no constant mould; Light change, is both their enemy and friend. Herostratus shall prove, Vice governs fame; Who built that Church, he burned, hath lost his Name. Tim. But, Phil. I am not at all satisfied, why you should fall upon the Doctor without Book: You do not find he serves you so; perhaps, he reflects severely enough, yet he keeps within the compass of your writing: you can have no reason to provoke to search too narrowly into what you have been. Phil. What dost mean? Tim. I mean to blame you, for calling him, Pedagogue: you say, in his Juvenile years, when he was (as indeed he was) a furious chastizing Pedagogue: and, with no little scorn you add, another whipping Tom, he took pleasure to lash and slash, p. 2. What Confidence is this, thus to overlash, beyond your Knowledge, and contrary to known truth! the Doctor was never either a Pedagogue, or Paedagogues Son: yet, you say, Indeed, he was so: but perhaps you imagined this, from his lashes, they fell so heavy from an old man. Phil. I confess the smart made me a little outrageous: I mean, that which I felt from the backblows, in his Epistle: for the Clubb-knocks of his Arguments, I could have born them, and said nothing, but Mum: however, thou shouldst not have made the Observation. CHAP. IU. Phil's fondness or kindness to himself, and flattery. Tim. BUT, Phil, I must observe, that thou art rude with the Doctor, thou art over-kind to thy self; even to flattery and gross daubing, usque ad nauseam. Doth not that sound sweetly out of thy own mouth, that, above all others, thou hast disarmed the fanatics, etc. p. 2. Again, with great self-denial [it cost me not seven days, I protest, to answer the six Months abortive throws of, etc. p. 36. 'Tis miraculous thou couldst dispatch such a nothing in so short a time. Again, how kindly dost thou aspire, when thou breathest out [If I were Lord Chancellor. Again, 'tis meekly said, what has already (speaking of thy naked truth) got a verdict all England over; except such, etc. Lastly, not to glut the Reader with such luscious fair, that incomparable tang of thy humility: whereby thou intimatest, that the Doctor's end in his answer, was to be taken notice of, for daring to grapple with the naked truth; thus, purchasing a name and a fame, etc. But prithee, Phil. what measures dost thou use? certainly, such as others are strangers to: nor is it possible thou shouldst satisfy thyself for this silly vaunt. Let me whisper in thine ear; wiser, and better, and greater Men than thyself, expressed their trouble to the Doctor, when they heard he was about to reflect upon thy scandalous Book; (for so they called it) that he should condescend so far, as to honour it with an Answer: and feared, that thou wouldst value thyself (those were the words) upon thy being taken so much notice of, by a Dignitary of the Church of England: which, indeed, had almost prevented the Print. But at length, Phil. thou art a Gentleman; and will have the world know thou hast 200 l. per An. Land of Inheritance. Well Phil, be it so: but we must take thy word for both, seeing thou livest by ill neighbours. We have thy Picture drawn to the life, by a Modern Dauber (no primitive Painter) in all thy Books; but, it is well, that [Gentleman] is written by, otherwise, a Man would swear, 'twere the Picture of a Cock or Bull rather than a Gentleman: a Cock for his Crowing; or a Bull for his Rage. CHAP. V A Specimen of his Wit: Doctor's Expressions vindicated. Phil. WHat's the matter, Tim. art quite lost, and turned Enemy? Tim. I had almost done with thee, but thy wonderful Witticisms, which I lately discovered, have pretty well reconciled me: and made me amends for all together. How smoothly runs that, viz. a Protestant Head must have a Protestant Face! how Ingenuous that, [the Proem takes up too much room!] in another character, lest the best of Puns should escape unobserved, which, without the cost of a costive Anagram, more than pays the Doctor for his Hobby Warr-Hawks: but, there's no end of this Topick, every Line has its Salt: and therefore, passing all the rest, I shall crown my observation with a little further notice of that Anagram, we hinted at, which crowns thy wit at the end of thy Book: 'tis this [Fra. Fullwood, war. dul-fool.] Now, Phil. let's be serious awhile: and war-dull-fool, indeed, is his name, as much too hard for thy wit, as his Arguments for thy Reason? what makes thee deal so barbarously with it? O Phil. thy wit is cruel and short; for, War-dull fool, can reach but to Fra. Vlwood: and short and cruel: what, cut off the lower half of his Christian name, and the Head of his Surname? I now find thy knack at capping of Verses and uncapping of Names: and am not much concerned, tho' his Name thus suffers, seeing his reputation is above thy reach. Phil. Would any Man alive beside thee have been such a fool in print? and without shame have boasted of this subtle Silly Anagram, as thou callest it thyself: such folly, calls for the fury of a chastizing Pedagogue, and whipping Tom indeed. Phil. What, because it is not true to a letter! the troth is, Tim, for a fancy or a humour, we Wits, regard, neither truth nor sense, nor good manners. But now I am provoked, I'll expose two such instances of the Doctor's wit, that are strangers enough to sense, and as much as any of mine. 1. What dost think of his rock of Sand; upon which he supposeth me to triumph? I never heard of a Rock of Sand before. Tim. It may be so Phil. but I think the expression is at least pardonable: but thy Reading in Philosophy is hardly so: hast forgot or didst never hear of that question about the generation of Stones and Rocks? But cease thy wonder: he never intended a natural real and firm Rock; for he knew well enough, that thou hadst none such to stand upon: but he meant such as thou hadst, and such as thy matter depended upon; a fictitious, false counterfeit rock: and such a one may easily be made of Sand, mixed with the slime and dirt which so much defiles Naked Truth. Phil. But thou canst never bring him off for his other extravagancy: for lying, envy, malice, etc. he saith, I am a very Angel of light. Tim. What Phil. fail in thy Rhetoric too? hast forgotten the figure that warrants such manners of expression? I wonder, what thou wouldst be called; for such kind of virtues: as lying, etc. or any of thy other excellencies. An Angel of Darkness, and Confusion; the Prince of the Air: the Accuser of the Brethren: or a Devil-incarnate! And in this Sphere, this Wilderness of Evils None prosper highly, but the perfect Devils. CHAP. VI A previous attempt of Mr. Phil's Judgement and Logic. SECT. I. Tim. THough thou approachest towards the main battle timidè, and with deal of modesty even to despair; yet I observe thou makest some on-sets, that give tokens of some braveness in thee. I acknowledge, thou art strangely qualified: with stoutness of body, resoluteness of mind, invincible passions, haughtiness of expression, accurateness in History and Law, especially against the Church and Ecclesiastical Courts; all managed with a singular stream of wit and fancy, as I lately noted. Yet to deal plainly with thee, Phil. there is a small gift or two, that seem not to be altogether so complete in thee. I mean, that clearness of mind and foundness of wisdom, and that dexterous faculty of reasoning, that should crown a disput an't of thy strange adventure. Phil. How man! why that's my glory: and in the knack of arguing I challenge the world. But if it should be with me, as thou sayest, yet thou mayst perceive, I am even with this Archdeacon: for he lai'th out his whole strength in a little point, which I denied and indeed argued against, with all my might and skill in Law and Story: Namely, the Lawfulness of Ecclesiastical Government; and seems to neglect those Weightier things, of Pag. ● Procurations, Synodals, Fees of Courts, etc. and is not that as ill in him, as for me, to show my manhood, in those noble points of resolution, passion, fancy, story and expression; though I should be found less, and less concerned in the inconsiderable points of wisdom and reason. However, Tim. I know no Nakedness in my discourse, but the Naked Truth: If thou dost, show it. Tim. This Nakedness appears in the whole body of thy Book; not to prevent that discovery, I shall here only instance in two of thy attempts. 1. The Doctor had said, our Laws exclude the purely Spiritual power of the keys from the Supremacy of our Kings: except it be to see that Spiritual men do their duty therein. Here upon I am ashamed to see, how thou triumphs before the Victory, and how pury like, how poorly, and fallaciously thou attack'st him. First, Thou sayest K. Hen. 3. preached in Pulpit, ergo, etc. Secondly, Emperors called Councils and approved their Canons: Ergo: Thirdly, Our Kings are ordained Priests as Baker relates, therefore thou strongly concludest they have the power of the Keys; but the conclusion should have been, that they have the (purely Spiritual) power of the Keys: dost not perceive it, Phil. Our Laws do say that the King is mixta persona cum sacerdote: and all those ensigns at his Coronation import as much: but in which of them is it said, Take thou Authority to preach the word of God, or administer the Sacraments? Here, Phil. thy understanding failed thee: the political power of the Keys, do in a sense 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 than 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, etc. 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 Logic against Chancellors, etc. SEcondly, We have another such trial of thy honest Logic upon a part of his Proem; which, if thou hadst quite (as thou sayest thou hadst almost) forgotten, little had been lost. 'Tis this: the Doctor intimates that Chancellors, Registers, etc. are Assistants by Law, allowed to Bishops, etc. 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 sayest 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 sayest 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, than 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 sayest, 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 Whitepot. So much upon the Proem too. CHAP. VII. A step towards the matter of the Doctor's Book, and the main Battle. Phil. THese things, Tim. are about the outworks only; but do not I quit myself 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 thyself 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 knocked 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 Warlike 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 show 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'll have liberty to show my Parts and Reading: therefore, quomodo probas, Domine D. D. Pag. 5. Tim. The Doctor gins 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, etc. and not in the Papacy. To this great ground of truth, how wild an Answer have we, Pag. 5. Thou sayest 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 UPON 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 thinkest 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 Cornerstone: and yet mediately, secondarily, and doctrinally too, on his Apostles and their Successors, the Bishops, thou wast not ware 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 Bishop's power did not originally, nor in those times, according to our own Laws, depend upon the Pope, but upon the Crown: Q. E. D. which was then the sense of the Laws, and all the States of the Realm, long before Hen. 8. as also is noted and assented unto, and insisted on, at the beginning of his Reformation. To assert the contrary, is certainly to assert a Popish opinion, and one of the greatest Arguments, the Romanists use to Justify the Papal Usurpation in England; take it as thou canst, Phil. Leave off this club-way of arguing; thou wilt ensnare thyself: thy Talon, Phil. lies another way: thou hast no clear distinguishing Head; thou art better at dividing: and more skilled in the methods of confounding than of founding the Church of England. What didst mean Phil. by that nonsensical cant upon a place of Scripture: I know it was not thy design to stumble upon the Rock of Ages, and fall upon St. Peter's. Phil. Enough of this, Tim. fool: thou knowst, to escape the Law, we may fly to the Gospel: thou know'st Phil, well enough; he is for a Legal Scripture and Religion; except when it is against him: besides, he finds canting on Scripture, tho' never so impertinently, sounds very lusciously, in some men's ears, that I have a mind to gratify. SECT. II. His other Arguments against our power before Hen. 8. Tim. THen let's see how thou prosperest with thy other Arguments against this point. 1. Thou sayest, the Pope was Head of our Church before Hen. 8. but 'tis evident he was not so legally, either by Law or Construction of Law, or really so, in the Constitution of the Church of England: he was only so in pretence, and by illegal Usurpation: he had never possession by Law, but what he usurped was contrary to Law, and the ancient Customs of the Land: as my Lord Coke demonstrates; tho' he is not to be taken notice of by Phil. H. yea, his very possession in fact, was never undisturbed for any considerable time together. The Doctor informed thee better; that it was the sense of the whole Kingdom that the Pope's Power and Jurisdiction here, was usurped and illegal: Contrary to God's Laws, the Laws and Statutes of this Realm; and in derogation of the Imperial Crown thereof: and that it was timorously and ignorantly submitted unto before Hen. 8. vid. 28. H. 8. c. 16. 2. Thou sayest boldly and ignorantly, that H. 8. made Himself Head of the Church by Parliament: that's another Popish opinion (the Law is open Phil.) and Argument too, depending on the former: for both the Law, and my Lord Coke affirm, that the Statutes in that behalf, were only declarative of the Ancient Fundamental Rights of the Imperial Crown of England; which alone can Justify the King's Title of the Head of the Church. 3. Thou arguest subtly: that before H. 8. Appeals were frequently made to the Pope: and that than our Courts were Rome's inferior Courts: What then? why then upon the Pope's ceasing to be Head, the Courts were dissolved: i. e. Just as our inferior Courts were dissolved upon the dissolution of the High Commission: Thou ought'st to know, that our Laws never allowed or required Appeals to Rome: and that our Courts continued in their proper Legal being, under the Royal, as well as and better than, under the Popish head. 4. At last thou questionest, whether ever a Statute was made, from the Conquest, or rather from Hen. 3. to Hen. 8. but by the consent of the Popish Clergy: i. e. the consent of the Pope their Head? Art stark mad Phil? were all our Laws Antichristian, before Hen. 8.? was no Law made by the Nation or Realm as such, but only as Popish? Are all our Ancient Statutes, the Pope's Laws? Did the Pope consent to all the provisions and premunires in the Laws made directly against himself? Phil. If my Arguments fail, take some Stories; and my free Concessions: and then I hope thou wilt be pleased. 1. My Stories prove there was old Tugging betwixt our Kings and the Pope, from time to time. Tim. Well said, at last, Phil. and was not the Law on the King's side? Then the Pope had neither legal, nor full, nor quiet possession: Thy cause languisheth in thy own hand; and 'tis time to yield to it: Thy Concessions are most ingenuous instances of a good nature or a baffled cause. Speak out man. Phil. I grant that the Laws of the Popish party were contrary to the sense of King and Parliament: Well said in part Phil. therefore the King and Pag. 13▪ Parliament were not altogether Popish: But prithee, what Laws could concern us, contrary to the sense of King and Parliament? who made those Laws for us in England? Tim. But the matter is not clear yet. Speak out man. Phil. 'Tis undoubtedly true, that the Crown of this Realm is and has been before Hen. 8. Imperial: that is, de jure, not de facto: thanks to the wicked Usurper, and his Legates— it ought not to have been done— it was commonly de facto done before Hen. 8. Tim. This is something more, but not all: Thou dost imply, indeed, by [commonly] that it was not [always] so done: And if the Pope before Hen. 8. was a Usurper, he had not right here: and the Jus, the Law, was against him: For, if he had had the Law on his side, how had he been a Usurper? Speak a little plainer Phil. and all's well, so far. Phil. I do ingenuously confess our Ancient Ecclesiastical Government and Laws depended upon the Crown, and not upon the Pope, by the Laws Pag. 2● of England, and in the Judgement of all the States of the Kingdom, before Hen. 8. and so did also the Execution of those Laws, by those Governors in the same public Judgement: These are the Doctor's words, and — all this is true: and the very Naked Truth in other words varied: which saith, That all Ecclesiastical Jurisdiction till Hen. 8. was derived from the Pope: but my meaning was, that it was not derived from the Pope, before Hen. 8. thus, thou seest I have no mind to quarrel. Tim. 'Tis well enough: but why didst not say so much at first? or excuse thy obscurity and distinguish sooner? Yea, why didst contend for so many pages, against that which thou art compelled to yield at last? Art thou obstinate, that thou must be pressed, before thou wilt confess? or hadst an Itch upon thee to vent thy stories, as if the world had nothing to do but to hearken to thy impertinencies? If storying were arguing; thou art a brave fellow, indeed; but this way, it seems, thou art not formidable: The Doctor set thee up for a Shrovetide-Cock (as thy phrase is) and thou hast cut thy own Comb. So much for the first Proposition. CHAP. IX. The Doctor's Second PROPOSITION. Hen. 8. did not make void the Ecclesiastical Jurisdiction: Neither was it void before it was restored by 1 Edw. 6. 2. Phil. I Hope I quit myself better here. Tim. Much at one: First, thou opposest stoutly, by way of exception: and then thou comest off as mildly by way of Concession. 1. By way of exception, thou sayest 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 laughest at a resemblance which the Doctor brought from a Manor, 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 undost thyself: 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 convinced 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 King's 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 allowed by Law after Hen. 8. had renounced the Pope's 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 Pope's headship was but a Lawless Innovation, a lawless and needless usurpation upon the Crown, and a superinduction to the confirmation of our Bishops, etc. 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 dependence on the Pope before Hen. 8. which was the clear sense 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, etc. 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 thyself 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 concerned thee? Thou shouldst 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 scribbling 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 'tis 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 Doctor's Third PROPOSITION. Ecclesiastical Jurisdiction is lawfully exercised, without the King's Name or Style in Processes, etc. 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; showing plain Statutes, now in force, to maintain his Point. Here, Phil. the world expected thou shouldst 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 thyself: what, fly 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 thyself, disprove thee to thy face: thou knowst, 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 , 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 Judgement which they honestly set down; as the Doctor showed out of my Lord Coke, upon Ja. 4.? not a word of that: what sayest 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. Tired and sore: and art, I believe, hearty weary of the company of this same Totnes ; as thou hast cause to complain, p. 35. but thou must have patience a little longer, while we make Hue and Cry after the Doctor's fourth proposition, lest if it should be lost, Pag. 21. he sue thee for damages. I have searched, Phil. as for a Needle in a bottle of Hay: and at length I caught it by the skirts, in p. 26. and afterwards, as cast out into the Pag. 14. abstract of the premises. CHAP. XII. The Doctor's Fourth PROPOSITION. The Act of 1 Eliz. 1. establishing the High Commission Court was not the foundation of ordinary Ecclesiastical Jurisdiction. Tim. THou canst not but remember how fully and largely, the Doctor both disproved and exposed thy singular Notion of this point; and now, with thy wont Front, taking little or no notice of the Author's discourse, thou sayest the same over again. That Branch which gave the Queen power to settle the High Commission, being repealed by 13 Car. 1. 12. For my part, 'tis beyond my apprehension to find out, where the Authority of Ecclesiastical Courts can or does consist. For thy part! it's well thou speak'st for thyself: who is the dull fool now? what, not apprehend, what every body else apprehends? is a singular nonsensical notion, and barrenness of Apprehension, sufficient strength or warrant to batter Government? Phil. I cannot beat it into my head, who gave them that Authority they pretend to. Not the Pope, as of old, not the Common, I am sure: nor can possibly the Canon-Law or Statute-Law. ●●g. 24. Tim. Well far thee Phil, what need of reason? thou hast done all in a word: and had not the Doctor demonstrated, 1. That the Pope did never give us that Authority. 2. That Ecclesiastical Jurisdiction is established by Common-Law. 3. By an infinite number of Statutes. 4thly, and lastly, By that very Statute that takes off the power of the High-Commission, we might have taken thy word: but thou hast opened a wide door; and set us in a large Field: wherein we shall follow thee with patience, upon the Heads mentioned; and hasten to the end of our pleasant Journey. SECT. I. Our Ecclesiastical Courts not empowered originally from the Pope. Phil. THat the Pope gave them their Authority of old, is evident: for the rightly notes, that, till William the Conqueror, there were no Bishops Courts in England, but the Hundred Courts: But the Pope made William the Conqueror set up such Ecclesiastical Courts as were at Rome; to proceed according to the Canons of the Pope: and was there ever any Statute made from William the Conqueror, or rather Henry 3. to Hen. 8. but by the consent of the Popish Clergy, that is to say, the consent of the Pope their Head? p. 6. Tim. Thou art a bold undertaker Phil. but is't possible thou shouldst be ignorant, that the Conqueror was not so much a slave to the Pope? that he confirmed and published the Laws of his Predecessor, that he maintained the Ecclesiastical investiture in the Crown? (all which thou may'st find in Selden's Notes upon Eadm. as also the Proclamation mentioned, for the distinction of Courts, seeing thou art at a loss about it.) Yea, doth not that Law of the Conqueror suppose the preexistence of our Ecclesiastical Jurisdiction, tho' not in a distinct Court before the Conquest? Yea, canst imagine, that when Spiritual Causes were tried in Hundret, and at the Civil Courts of Judgement, that Laymen had any thing to do with them, more than to be present? quaere. However, did not the Doctor rightly observe, that that very Law that divided the Courts, was made by the King's own power, not the Pope's? and with the Council of his own Realm alone? Tho' William the Conqueror was a Papist, doth it follow that he did nothing, and made no Laws, but quatenus a Papist, and not as King of England? Do not the Statutes of Hen. 8. and my Lord Coke plainly prove, that Canons and Foreign Laws become the King's Laws, when confirmed by Parliament, or made so by reception voluntary, consent or custom? Must all our Laws before Hen. 8. and after the Conquest be thus damned for Popish Laws, and the Pope's Laws, and those too that were directly made in provision against the Pope himself and his Usurpations? as before. Was ever such stuff vented before? it's well thou hast a Salvo [rather from Hen. 3.] though that also gives Sentence against thee. SECT. II. Ecclesiastical Courts by Common-Law. Phil. BUT for him to say, they keep Courts by Common-Law is the idlest of all dreams: the Common-Law of England is ancienter than our Christianity. But Bishops, much less Arch-Bishops and Arch-Deacons, as now in England, are of later date; therefore their Courts can have no foundation in Common-Law. Tim. Thou art a Lawyer, Phil. now, with all thy Law, canst thou deny this Proposition, that long Ancient and general use is Common-Law in England? as saith my Lord Coke: or canst thou deny this Assumption, that our Ecclesiastical Courts are of very ancient and general use in England? if not, as thou dost not dare: what hinders this Conclusion, that we keep those Courts by Common-Law? 2. Again, Phil. If there was such a thing as Ecclesiastical Jurisdiction in England, before the Conquest (as most certainly there was) how stood it then? thou grantest, not, by Canon-Law, (it was exercised contrary to the Canons.) I grant, it stood not by Statute-Law, viz. before we had any Statutes, than it must stand before the Conquest, upon Common-Law. 3. And indeed since the Division of the Courts by the Conqueror, the same ancient Ecclesiastical Authority, is continued in its exercise, as to its substance by Common-Law, tho', in that new mode, as distinguished from the Civil, and in distinct Courts: as matters of other nature, that have their foundation in Common-Law, tho' somewhat new modified by Statute, continue to be Common-Law still, so far as they are not altered, as no Man of sense will deny. 4. Yea the very Courts themselves, tho' divided by the Conqueror, continuing afterwards so long a time in general use, in England, before Statute-Law, came, thereby, to be customary, and contracted the nature of Common-Law: and certainly there is no necessity that every particular in Common-Law should have its beginning before Christianity in England, if it fall under the condition of ancient and general use: and Phil. thou know'st that Statute that limits the time, that is required to make a custom in England: and [before Christianity] or [from the beginning] was never put into the definition of Common-Law. 5. Lastly, That they were so, hath thus further demonstration; That all the Statutes, from Magna Charta, suppose the Spiritual Court's pre-existing, i. e. by Common Law, or ancient allowed usage of the whole Realm: And my Lord Coke is express, that Spiritual Causes belong to these Courts by Common Law. But to put this crotchet out of thy head for ever; I argue thus: That which was found in general use when Magna Charta was first made, and was confirmed by Magna Charta, and is not made void by Statute, stands confirmed both by Common and Statute-Law: for the great Charter is both. But the Spiritual Courts were found in general use, when Magna Charta was first made, and were confirmed among the liberties of the Church in their Jurisdiction, as my Lord Coke assures us by Magna Charta; and are not made void by Statute: therefore our Spiritual Courts stand confirmed, both by Common and Statute-Law, in the great Charter of England; as more at large appears in the Doctors Leges Angliae, hadst thou had patience to understand it. Object. Thou sayest Phil. the Doctor is an old Spectacle-dreamer of idle dreams. I say Phil. thou art a better Seer, and seest Visions, and Apparitions both of things that are, and things that are not: and among the rest, thou seest the Charter of England, with its pendent, Ecclesiastical Jurisdiction, torn all in pieces, by a thing of nothing, and thus it works, pag. 26. Many things, sayest thou, that were before the rights of Holy Church, namely, Peter-pences, First-fruits to the Pope, etc. are now taken away by Statute, and are not continued by Magna Charta. Even just so, the Jurisdiction of our Courts which was once the right of the Church, and confirmed by Magna Charta, and is not taken away but confirmed by a multitude of Statutes since, is not continued by Magna Charta. 4. Thus (thou art a wonderful Conjurer) the Apparition is gone whether thou wilt or not: How our Courts are confirmed in the Statutes, the Doctor showed thee abundantly in his Book: but I find thou hast no stomach to encounter any longer with Leges Angliae, or to smell to the Statutes. SECT. III. More Causes to be tried in our Courts than Mr. Phil. allows. Phil. GRant they have Authority, 'tis but in three or four things, and such, perhaps, they have cognisance of at this day. Pag. 34. Tim. Honest Phil. is at granting again, when he can deny no longer. Our Authority reached but to three sorts of Causes in pag. 18. To three or four pag. 26. or, at most, but those ten things mentioned in 5 Eliz. 23. de Excom. Capiend. thou goest on apace, Phil. do but add those fifteen Pag. 34. more which the Doctor enumerates out of Cawdries Case, and deny thyself satisfaction if thou canst. CHAP. XIII. Of Canons; their force, and power of making them. SECT. I. Of the Old Canons. Phil. THough they may have Authority to keep Courts, and to try such Causes; I cannot see how they can use that Authority, or try such Causes, seeing they have no Canons to act by. 1. First, for the old Canons; they were all made void by Hen. 8. and to judge and determine, was impossible, because they had no Canons, Decrees, nor Laws Ecclesiastical, to judge and determine of them, pag. 20. 'Tis evident all the old Canons were repealed in the Judgement of the House of Commons in the 37 of Hen. 8. pag. 20. Tim. Stout still, Phil. first thou deniedst their power; that would not do: then thou wouldst limit it in its Causes; that failed thee: and now thou wouldst incapacitate them to act in those, for want of Canons: and here keep thy ground or thou art lost for ever. But this must be well examined; for it springs from depth of skill, or height of confidence, or extensive breadth of malice and ignorance: none so bold as blind Bayard. How Phil. ignorant of that plain Rule in the Common Law? That the Law doth appoint every thing to be done by those unto whose office it properly appertaineth. Dost thou not know, that the Common Law requires and empowers the Spiritual Courts, to give remedy in Cases belonging to them? Coke Inst. pag. 1. Dost thou not know, that the King's Prerogative is a principal part of the Common Law, which also flourisheth in the Spiritual, as well as the Temporal Courts? Coke, Cawdr. Case: and that Ecclesiastical Jurisdiction is part of the Royal Supremacy, to which thou art sworn; and that he that denieth it, denieth the King to be a complete Monarch and Head of the whole entire body of the Realm; according to many Statutes in all Ages as well as the Common Law? ibid. And darest thou yet affirm, that the King's Supremacy is cramped, and can do nothing for the relief of his Subjects in any Spiritual Cause, which cannot be tried in the Civil Courts, because there are no Rules or Canons for such Courts of the King to proceed and determine by. It is strange thou didst never heed that plain Statute of Hen. 8. it strikes thy notion dead: It assures us that the body Spiritual having power, when any Cause divine happens to come in question, the English Church, called the Spiritualty, hath been reputed, and also found of that sort, for knowledge, etc. (without any exterior person) to declare and determine all such doubts, and to administer all such offices as appertain to them. Phil. When the Pope's Supremacy was taken away, vanish also did the Canons, and Episcopal Laws, pag. 14. Tim. prithee Phil. how did they vanish? of themselves, like thy airy fancies; or as appendants, with the removal of the Pope's Supremacy? If so, tell me, why did not all our other Laws vanish too, seeing the Pope had so great a hand in them also, as thou saidst before? But especially, why should there be a particular solemn Law made on purpose, for the rejection of any of the old Canons? And why were such Canons (though old ones) that were not found contrariant to the King's Prerogative and the Laws, why were such Canons kept in force by the Statute of Hen. 8. as thou confessest? pag. 14. Phil. The House of Commons in 37 of Hen. 8. gave their Judgement, that all the old Canons were abrogated. Tim. What so soon forget thyself? Certainly thou hadst said otherwise [such as were not contrariant, etc. to remain in force] pag. 14. But thou art ingenuous Phil. the Doctor helped thee to the Objection, and gave thee its answer with it: and now thou usest the objection against him, without the least notice of the answer, or thanks to the observator. He gave thee reason, why the words of the latter Statute were to be restrained to such Canons, as being contrary to the King or Law, were abrogated by the former Statute: and not to be extended to such as were not so, and therefore were not abrogated. But what a noise dost thou keep: are not the Acts of Parliament, the Canons of King James, and the ancient practised Rules of Court agreeable to the Ancient Canon, which are also allowed by the Common Law, sufficient means of proceeding in and determining all Ecclesiastical Causes, that are triable in our Courts? Phil. thou wouldst by't like a Badger, but thou canst only show thy Teeth: thou hadst better keep them within thy lips, lest one time or other they be 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 confessed, 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 King's 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 King's power with his Convocation to make new ones. Phil. 'Tis 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 King's Writ, and have the Royal assent, etc. 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 nonsense) for they were so made. Tim. Good Phil. discover his falsehood 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 'tis 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 sayest, condemned by Act of Parliament? that is, no better than waste-paper: take heed Phil. of a thing called 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 Doctor's honesty, that's above thy reach: mind thy own morals and the Doctor's Logic: 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? 'Tis 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 wouldst 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 King's assent. So would those Judges, had they been of Phil's mind. Now Phil. bethink thyself, 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, outrun the Constable, or be caught by him, for thy running down the Doctor, my Lord Coke, all the Judges, the King's Prerogative, and Acts of Parliament. In sober sadness Phil. what wilt thou do? thou seest thou art dead in Law; thy Fabric 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 allowed what he had condemned; 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 King's 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 itself, so scoundrelously, and so far below the Rules of all Logic 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, etc. 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 Infects 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 Canon's Authority to keep Ecclesiastical Courts, etc. Tim. Stop Phil. has not the Doctor ONE WORD? dost not find a whole Chapter (c. 7.) to prove the Canon's 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 bade too? Phil. Or to impose Oaths of Canonical obedience upon the Clergy. Tim. That's proved with the Authority of the Canons: which have force upon the Clergy, if any at all: besides, the Statute that confirms our manner of ordering, etc. imposeth the same, upon all that are ordained. Phil. Or to impose Oaths upon Churchwardens. 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 be not to swear against themselves. Phil. Nor, one word doth he write to vindicate their unjust and unconscionable Impositions and Extortions upon the Clergy, in Procurations, Synodals, Institutions, etc. 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 is concerned 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 sayest, that he produceth not one Reason or Argument, except the Statute of Hen. 8. for Synodals and Proxies, to be granted from dissolved Monasteries, etc. 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, etc. 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 Clergy are visited, the Monasteries are not: and you know Procurations are due, ratione visitationis. But Phil. I ought to have an account, why thou sayest the Doctor gives not one reason or argument for Procurations and Synodals besides the Statute: thus thou leapest like a Squirrel from one twig 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 thyself 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 'twas 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 Fry of Common-Lawyers, Attorneys, Clarks, Notaries, Solicitors, Splitters of Causes, etc. whose numbers are numberless: and so goes on with the Cry— p. 30, 31. 3. At length thou seem'st to have studied better politics, than thou hast lately practised, for in the nature of a Conclusion, thou sayest: Therefore men that try, 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 Advocate's place in the Spiritual Courts: and then thou mightst 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 Courtesy, or thanked me for my pains, upon Curse ye, curse ye MEROZ: but no such matter, Tim. too much Ingratitude and envy reigns 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 turned 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 thyself with the world. Phil. I am sorry to hear that: prithee, what wouldst have me do? Tim. Thou hast heard of an Engine, called, Pia fraus: but Phil. if thou hast not the skill to join Piety and Craft together: either of them, well used, may do thee a kindness. My first advice, and my best, is this; that thou wouldst 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 Talon 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 offspring of the windy vapour of some (hot) Spanish Jennet: 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 Established Church: Or, a Subversion of all the Romanists Pleas for the Pope's Supremacy in England: Together with a Vindication of the present Government of the Church of England, as allowed by the Laws of the Land, against all Fanatical exceptions; particularly of Mr. Hickeringill, in his Scandalous Pamphlet, styled NAKED TRUTH, the 2d. Part. By Fran. Fullwood, D. D. 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 of Gloucester. The New Distemper: Or the Dissenters Usual Pleas for Comprehension, Toleration, and the Renouncing the Covenant, Considered and Discussed; 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.