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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	case_n	court_n	1,554	5	6.9960	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43611	The black non-conformist, discover'd in more naked truth proving, that excommunication, confirmation, the two great Episcopal appurtenances & diocesan bishops, are not (as now in use) of divine, but human make and shape, and that not only some lay-men, but all the keen-cringing clergy are non-conformists ... : also a libel, and answer (thereunto) fitted to every man's case (be it what it will) that is cited to ecclesiastical courts, whose shallow foundation is unbared, and a true table of ecclesiastical court fees, as it was return'd into the star-chamber, Anno Domini 1630, by the ecclesiastical fellows themselves, and compar'd with the statutes : also concerning the unlawfulness of granting licences to marry, Quakers-marriages, folly, as well as other evil consequences of that new law-maxim, viz. that no non-conformists ought to be jury-men : shewing also, that, religion, religion, that should have been the world's great blessing, is become the plague of mankind, and the curse of Christendom ... / by Edm. Hickeringill ...	Hickeringill, Edmund, 1631-1708.	1682 (1682)	Wing H1797; ESTC R22899	136,499	106

Grandeur of a Reverend Bishop to be an Informer or Promoter But the Half-crafty Proctor the said Nucourt was got into a Dilemma and knew not how well to extricate himself For when this Defendant urg'd the Statute of 23 H. 8.9 against Sir Robert Wiseman with the Penalty of 10 l. besides Costs and Damages for citing this Defendant out of the Diocess of London where he Inhabits to salve the business it was thought fit rather to let Doughty's said Promotion fall but then Costs should have been given this Defendant but it was denyed and refused against the Rules of their own Courts and Methods as if they had the Law in their own hands And to salve the Statute of 23 H. 8 9. and the Penalties there Henry Bishop of London was Inserted Promoter though this Defendant was never Cited to answer his Suit and Promotion Nay it looks like a Wheedle or a Trepan to drill a Man into a Court by Process in a feigned Suit and then clap an Action on his Back at another Man's Suit and without his Privity too but any methods to carry on the Cause The Cause Besides according to the usual Methods of this Court no Man is obliged to accept a Libel except the Promoter become bound in sufficient Penalty not only with responsable and sufficient Sureties but such as are capable of being Arrested in case of Non-suit or failure of proof to pay to the Defendant his Costs and Damages But no such thing is done for this Defendant new Lords new Laws This Defendant is like to thrive amongst you in the Interim CHAP. VIII NEvertheless this Defendant to vindicate himself and the integrity of his unblemish't he hopes he may say without offence in this his just and forc't defence Life and Conversation and to manifest that the said Protestations Answers and Pleas are not dilatory and on purpose to decline a particular Answer or evade the discussing of the merits of the Cause and Crimes alledged against him in the said Articles he this Defendant saving to himself the benefit of his former Allegations Pleas and Protestations further Particularly answereth and saith 1. That the first Article in the said Libel as being only in course is true and all the other false further than is hereafter declared 2. That the 2 3 4 and 5th Articles are Instances and Accusations against this Defendant as a common-mover exciter and maintainer of Suits and Quarrels which is Barretry an offence against the Statute Law and Common-Law of this Realm and therefore ought not to be Tryed in any Ecclesiastical-Court as forbidden in the Statute of Provisors 16 R. 2.5 In derogation of the Courts of our Lord the King mark how the Spiritual-Courts and the Kings-Courts are oppos'd implying necessarily that the King and Parliament did not then look upon the Spiritual Courts to be the Kings Courts but the High-Priests Courts nor do they to this day hold them in the King's Name and Style and all their Acts under His Seal what Policy is it at this time of day to be Independents I mean Noun-Substantives and stand by our selves The said Statute too 16 R. 2.5 is in pain of a Praemunire and has a mighty fetch and reach even over the water as well as on this side for the Statute says The Court of Rome or elsewhere 3. The said Defendant Mr. Hickeringill had an Information brought against him for Barretry in the Crown-Office and at a Tryal at Chelmnesford Assizes March 3. 1680. for the County of Essex thereupon amongst 24 Heads of the charge of Barretry exhibited against him then and there tried the 23d Head was the substance of the said 2d 3d 4th and 5th Articles in the Libel aforesaid mentioned and this Defendant though pleading his own Cause was acquitted with honour of this malicious Charge the Right Worshipful Knights and Gentlemen of that Special Jury not stirring from the Bar nor the least proof of the Charge made out against him in any one Particular nor any proof but of the Folly as well as Malice of the Informers Conspirators and Promoters then and there And must he now again for the same matters be tried again by the Ecclesiastical Men after acquittal in the Courts of our Lord the King and by Prosecutors that were then Accessories at least to the said causeless and malicious Prosecution and in defiance too of the said Statute of Provisors CHAP. IX 4. THE Title of not only a fourth part which is ground enough for a Prohibition but all the small Tythes of St. Botolph's Parish as in Article 4. is in question and controversie For the said Promoter Henry Bishop of London pretends Right to dispose of the said Tythes by Sequestration nay has dispos'd of the said Tythes but shall the Defendant suffer it to one Harris whereas the Defendant has enjoyed the Tythes 19 or 20 years and yet enjoys them as Rector of the Rectory of All-Saints in Colchester in the said County of Essex in Right of and belonging to his said Rectory as his Predecessors the Rectors of All-Saints aforesaid have done quietly and 'till now without disturbance ever since the dissolution of Monasteries and amongst others the Priory of St. Botolph's in Colchester aforesaid granted sold or given by King Henry VIII to Thomas Lord Audley then Lord Chancellor of England and from him and his Brother and Heir Thomas Audley Esq together with his Executors joining together granted unto Robert Plumton Clerk Rector of the Rectory of All-Saints aforesaid and to his Successors for ever whose present lawful Successor and for above 19 years has been and now is this Defendant by Deed a true Copy whereof follows in these words verbatim TO all Christian People to whom this present Writing shall come Edward North and Thomas Pope Knights Edmund Martin Esq and Thomas Gimblet Gentleman Executors of the Testament or last Will of Thomas Audley whil●st he lived Knight of the Noble Order of the Garter Lord Audley of Walding and Lord Chancellor of England and Thomas Audley Esq Brother to the said Lord Audley do send Greeting Whereas the said Lord Audley in his Life-time for and in consideration of certain Covenants Grants and Agreements made between him and the Parishioners of the Parish-Church of All-Saints in the Town of Colchester in the County of Essex did give grant bargain sell and confirm unto the Rector of the said Purish-Church and to his Successors for ever All the Tythes as well of Hay Wood and Corn as of any other kind or sort whatsoever to him belonging in the Town of Colchester aforesaid by reason of the Dissolution or Resignation of his House or Priory of St. Botolphs in the said Town of Colchester Know ye therefore That we the aforenamed Edward North Thomas Pope Edmund Martin Thomas Gimblet and Thomas Audley Esq for the more sure and perfect accomplishment performance and execution of the said Covenants Grants and Agreements as also in Consideration and for the Sum of Forty Pounds

starts Doughty the old Promoter again and threatens what the said Bishop probably would have scorn'd to do for the said Thomas Doughty recovering his place again of which the said Nucourt had really deprived him takes up the Gantlet again and threatens to take from this Defendant his said Rectory of All-Saints a great Eye-sore it seems to him and that for three long Years besides costs of Suit And indeed it is a Threat that does much better become such a doughty Fellow than a Reverend Divine or Bishop who ought to endeavour that the Flock should be fed not starv'd and to encourage the painful Labourers that bear the Burden and sweat of the Day and not suspend stop their Mouths or Handcuff them but to remember that what Power he has should be employed to the utmost for Edification and not for Destruction to do all the Good he can not all the Mischief he can Or if he will be punishing Punish the Drones the idle and ignorant Clergy-Men the Whoremasters the Drunkards the Swearers and blasphemers of God's Holy Name Or if that will not be at least to begin at home and punish the vile Extortions and Oppressions of his Registers Vice-Registers c. in exacting illegal Fees in Probates Letters of Administrations Institutions Inductions Ordinations Excommunications Dispensations Absolutions Visitations c. to the great and groaning Oppression of his Majesties Subjects Especially to find other Work than suspending this Defendant from his Rectory of All-Saints in Colchester of all Places where the chief Men at least nay and the chief Women too as well as the Generality of the People by their Confluence to the said Church of All-Saints should seem to give him but little Thanks for his great Pains therein No more Thanks to him than to his Court that has kept this Defendant two Lord's-Days together from his Ministerial Function there only to attend your Motions This good you do If therefore the said Doughty be not Promoter in this Cause then the said Rectory of All-Saints is not in jeopardy and the proofs of Witnesses are not directed and taken in order thereunto and consequently the eighth Article at least is null and void as being in Doughty's name and at his Promotion and yet not one Witness is sworn nor any Commission directed to swear them at his Promotion and consequently if all the objected Crimes were true and also as proper for your cognizance as they are here proved all of them to be improper for your cognizance and also tho your Jurisdiction Ecclesiastical was never so legal and founded and built upon the Law of the Land And tho you had known Canons legitimated by our Sole Legislators in all which you are deficient Yet then even according to the stile of your Court the Promoter Henry Bishop of London desisting and aiming not at all at the said Suspension and Rectory tho the Crimes were truly prov'd yet his promoted Libel declaring for no Penalty at his Promotion there ought to be a non-suit for that Blunder and the Defendant dismiss'd with costs But if this Court or the said Bishop the Promoter or the Promoter Doughty desire to begin again and have not yet enough of so impertinent and non-sensical Articles let them come single and one by one one after another ne Hercules contra duos If this be fair Play I have no Skill in Play nor understand Trap. But this Defendant is quite tired and so 't is hoped by this time is every body else but the Proctors This Defendant having already been so copious and substantial upon so idle and slender occasion Hereafter if the Promoter or Promoters like the Place Promotion and Preferment let them bring a more solid Charge against this Defendant that he may muster up more and greater Forces than his own to answer the Shock For in this Defence he is single and alone without as well as without need of any other Man's Assistance or Advice but then perhaps he will get better Heads than his own In the Interim here 's enough without a Fee especially upon so slight and trivial an Occasion For is it not subtle for Men to puzzle themselves in a Court about a Crime as here for Barretry an Offence against Common-Law and Statute-Law of which this Court can hold no Plea nor take Cognizance of What have Spiritual Courts to do to decide or try Causes or Cases belonging to Common-Law and Statute-Law in derogation of the Courts of our Lord the King as in the Statute of Provisors War-hawk as Fullwood says have a care of a Praemunire have a care of hooking in every thing in ordine ad Spiritualia And is it not subtle to object the very same Instances of Barretry as of old for which this Defendant has already at a fair hearing been honourably acquit As if they had conspired to publish and thereby proclaim to the World the Integrity of the Defendant's Life and Conversation to be so great and without Reproof that in all this time their Invention should be so barren of new Matter and new Accusations whilst at the same time they prove the Fertility of their Malice and Revenge Both which are the worst Privy Counsellors unto whose Suggestions Dictates and Advice whoever hearkens he need no other Enemy they alone will do his Business for him and lead him into such Follies rash and precipitate Counsels and Designs into which like as into all other ways to Hell the Entrance and Descent is easy but no Deliverance from thence but return and timely Repentance which at best brings a Man Shame at the last And is it not subtle to question this Defendant's Title to his ancient and undoubted Rites and Freeholds and in a Court too that cannot try nor decide such Titles and Controversies except they ●rack a Commandment and hook it in as some do every thing rebus Christi and so bring all temporal matters to Excommunication or the stool of Repentance or else like the Pope and Jesuits compass Sea and Land and drive all in and under their Jurisdiction Kingdoms Titles Freeholds Lands and Patrimonies into St. Peter's Patrimony in ordine ad spiritualia Will Men never take warning nor tremble at the Statutes of Provisors nor leave those old and discoverd Gilsee-tricks And is it not subtile to rip up Peccadillo's against the Act of Uniformity thereby giving occasion to prying Men to search into their own Nonconformity in illegal Rites and Ceremonies universally and without Repentance practis'd whereby they show their wit even in Cathedrals and Universities in defiance of the Act of Uniformity But no Man is too great or overgrown for the Law to which in all Ages the greatest Subjects and Favorites of old have been as well as in our days forc'd to be subject and submit their sturdy Necks and hated Heads unto it but some Men will never take warning Lege Historiam ne sias Historia And is it not subtile to make Henry Bishop of

and no man of my Quality m●…e Blest and Protected depressa resurgo says the Palm-tree more weight more ●…ght like Israel the more they were afflicted the more they grew God give a blessing to my poor endeavours to do much good if at least they have but so much vertue as Common Ink to allay the spreading venom of such Ring●…ms whose fingers itch to be at it in the Portugal and Spanish-mode of Inquisition and Persecution which has made a Desolation Rebellion Poverty want of Trade and Depopulation in those Countries rather than any great Conversion how Hypocritical soever to the Roman Faith But ye fools when will ye be wise saith holy David Psal 94.8 as if he should say Will you ne'r be good 'till you 're beaten to 't with your own rods Go to and let men of little and narrow Souls uncapable of any love or regard to the publick good and their Countries welfare smile at the Improvidence of such as like Lamps and Torches waste scorch and consume themselves to enlighten others And if the Cathedral Highflyers or any Bishops be offended that I have thus publickly rebuk't before all their publick transgressions and defiance of the Act of Vniformity in the said Illegal Rites and Ceremonies they may in part thank the peevishness and frowardness of some that occasion'd it irritated perhaps thereunto by that old inveterate and everlasting piece of malice and hatred S. J. S. who has always though always in conclusion to his own shame and loss endeavour'd to set men upon me by getting false Calumnies and Slaunders invented in his hollow and canker'd Breast to which one-ear'd men giving credit and therewith also prejudic't and pre-possest and knowing my Spirit and Temper not over-patient to bear Affronts he knew there would be what he labour'd for a Quarrel I know it is a Devilish thing and the very daily work of the Devil to devise wicked imaginations and with a proud look lying tongue hands ready to shed innocent Blood and feet that be swift in running to mischief to be a false witness that speaketh lies only to sowe discord amongst Brethren And are the six or rather seven things that are abomination to the Almighty Prov. 6.16 17 18 19. Yet he that created Light out of Darkness and life preservation to Israel ought of the malice of Joseph 's Brethren in selling him to the Gypsies and unity and amity to his people by mens Differences and Dissentions can and I hope will create beauty and order out of our Confusions Chaos Disorders and Discords and out of the eater bring forth meat and out of the strong sweetness and Truth and Light from the Collisions Interferings and mutual strikings of the hardest and blackest Flints Thus the contentions of Paul and Barnabas tended by their Parting and Dissentions to the more nimble Propagation of the Naked Truth Therefore be not all of a flame like that fiery-fac'd bloody Bishop Bonner against all Dissenters and Non-conformists Bandying and Ecchoing the word Heretick Heretick at one another and to and again For the servant of the Lord should not strive should not be a Jupiter Altitonans a Boanerges all for consuming and destroying with fire from Heaven or Earth ye know not what manner of spirits ye are of A Bishop should not be a striker 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is no Persecutor no striking at second hand signifying and giving aim to the Magistrate where and whom and when to strike as well as no Gladiator 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not a litigious Informer former nor Promoter but a stranger to Law-Suits and Contentions as Plaintiff especially either through covetousness in hopes thereby to enrich themselves by beggaring their Brethren like the said old Bonner that seem'd to be in Fee with the Gaolers and the Hangman But bid farewel to the plum'd Troops and the big Wars that make Revenge vertue but in patience forbearance temperance and in meekness instructing those that oppose themselves or are Non-Conformists concluding as I will with wise Gamaliel that even for your own sakes ye ought to take heed to your selves what ye intend to do as touching these men Act. 5.35 38 39 40. And now I say unto you Refrain from these men and let them alone For if this counsel or work be of men it will come to nought But if it be of God ye cannot overthrow it lest haply ye be found even to fight against God And to him they agreed Discite Justinian moniti non temnere Divos Omnia cum liceant non licet esse pium Take warning whilst you may and dread Heavens Rod Do not with Gyant-Force brave the Great God Shall he that checks sin have for Tears more Cause Than those Suborning Pimps that break the Laws In Dangers Cowards Bold at Heaven to strike Are these true English-men Tories more like A True Table of all such FEES as are Due or can be Claimed in any bishops-Bishops-Courts in all Cases As they were Given in to the Commissioners of His Majesty King Charles I. Nov. 1630. By the Commissaries Registers Proctors c. under their own Hands in the Star-Chamber Necessary to be known by all Persons liable to be Concerned in the said Bishops-Courts 'T IS no part of the Scope of the ensuing Table to debate the Legality Expediency or Inconveniency of those Courts and Jurisdictions commonly called Spiritual or Ecclesiastick as they are now managed Nor whether the Persons that hold them and grant forth Citations in their own Names and Stiles and not in the KINGS do not thereby Incur the Penalty of a Praemunure But its Business is to Present you with an Exact Copy of their FEES as they were stated by themselves to certain Commissioners appointed by King Charles I. to Inspect them Nov. 1630. which Table being long since stifled as much as in them lies it is thought fit to Re-print the same from the Original first Printed Anno Dom. 1631. In cases of Instance that is between Party and Party To the Comissary To the Register To the Apparitor   s. d. s. d. d.   IMprimis For Decreeing the Original Citation and for Sealing of it 00 06 00 06 00   Item For Decreeing the Original Citation in a Matrimonial Cause with an Inhibition and for Sealing of it 01 00 01 00 00   Item For the Decree of every Party principal 00 09 00 09 00   Item For every Decree V●is Modis 00 09 00 09 00   Item Only at the Release For every Excommunication or Suspension in Writing 00 09 00 09 04   Item For every Absolution from an Excommunication or Suspension 00 09 00 09 04   Item For Letters Testimonial to be made upon a Search or any other Cause 06 08 06 08 00   Item For the Oath of every Witness upon any matter 00 00 00 00 02   Item For Examination of every First Witness upon any matter 00 09 00 09 00   Item For Examination of

The Black Non-Conformist DISCOVER'D IN More Naked Truth Proving That EXCOMMUNICATION CONFIRMATION the two Great Episcopal Appurtenances DIOCESAN BISHOPS Are not as now in use of Divine but Human MAKE and SHAPE AND That not only some LAY-MEN but all the Keen-cringing CLERGY ARE NON-CONFORMISTS And Except they Repent Are Liable to be Indicted and Presented by GRAND-JURIES to the Loss of their Spiritual Promotions and Imprisonment without Bayl and the Patrons to PRESENT as if they were Dead when in Defiance of the Acts for Uniformity They Practise ILLEGAL CEREMONIES In Enjoyning to be worn whether Men will or no Ministring Divine-Service The HOOD FORSOOTH Or at any time except at the Communion the SURPLICE Prov'd to be SURPLUS or OVER-PLUS In bowing to the ALTAR at the Name JESUS to the EAST placing insignificant and idle UNLIGHTED CANDLES upon the ALTAR not wearing the COPE at Communion-Times using other Publick Prayers in the Pulpit than what are in the COMMON-PRAYER-BOOK Also a LIBEL and ANSWER thereunto Fitted to every Man's Case BE IT WHAT IT WILL that is Cited to ECCLESIASTICAL COURTS whose SHALLOW Foundation is unbared And a true Table of ECCLESIASTICAL COURT-FEES as it was return'd into the STAR-CHAMBER Anno Domini 1630. by the ECCESIASTICAL-FELLOWS themselves And compar'd with the Statutes ALSO Concerning the Unlawfulness of GRANTING LICENCES To MARRY QUAKERS-MARRIAGES Folly as well as other evil Consequences of that NEW LAW-MAXIM viz. That no Non-Conformists ought to be Jury-Men SHEWING ALSO That RELIGION RELIGION that should have been the World's great Blessing is become the Plague of Mankind and the Curse of Christendom when attended with the BLACK REGIMENT WRITS and LABELS Citations and Libels Cures and Suspensions Silencing and Excommunications Sell-Souls and the Devil of Hell Canonists and Civilians Superstitions and Fopperies Noddings and Cringings Illegal as well as Deformed-Vestments and Scare-Crows Hornings and Stools of Repentance Fire and Fagot Bel and the Dragon the Bloody-Priests and their Surrogates Chancellors and Officials Registers and Gaolers Benches and Executioners Sumners and Promoters Hangmen and Apparitors The Second Edition Dedicated to the ARCHBISHOP OF CANTERBURY with all Modesty and Submission By EDM. HICKERINGILL Rector of the Rectory of ALL-SAINTS in Colchester LONDON Printed by G. Larkin and are to be Sold by Richard Janeway and most Booksellers in London M.DC.LXXXII To the most Reverend Father in GOD VVILLIAM Lord ARCHBISHOP of CANTERBVRY Primate and Metropolitan of all ENGLAND And one of His MAJESTIES most Honourable Privy-Counsellors His GRACE SIR IN this Treatise your Grace will find somewhat suitable to you in the Case of Nectarius not Arch-Bishop for that name was not then invented but which did Tatamount Patriarch of the Arch-See of Constantinople Elected thereunto per saltum or rather vaulting and skipping into the Holy-See or uppermost Seat in the Church over the heads of all not only his equals but by many degrees his Superiors contrary to the Canon-Law of Holy-Church himself also being then but a Lay man nay and unbaptized To show us that it is not the first time that the Church has crack't a Commandment to dispense with rigour and summum jus in favour of great and not vulgar merit For many reasons therefore as well as for this great and concern'd example of Lenity against the strict Rules of Law does this little Tract in all lowliness expect as well as flie so high as your Patronage and Protection And Published not so much in mine own behalf for I need not your favour but impartial and equal Justice as in the behalf of the many Dissenters and Nonconformists to the strict Rules of the Act for Vniformity With which if you cannot dispense or grant Indulgences it concerns me as little or less than your self or those Clergy-men that are here prov'd to be Non-Conformists when they too frequently practise Illegal Ceremonies in defiance of the Acts for Uniformity that enjoyns those few Ceremonies in the Common-Prayer-Book and no other mark that no other Ceremonies which other Ceremonies are therefore Illegal Superstitions in enjoyning the Surplice and yet forbearing the Cope wherein none but Popish Priests are Conformists or arayed that I know of at this day and yet the Cope is as much commanded as the Surplice And besides in bowing at the Holy Name of Jesus the impertinence at least whereof I have in all humility undeniably evinc't in my Naked-Truth the second Part except we also bow at the Holy Name of God and the Holy-Ghost names equally venerable so often as we hear them or also bow at the Name of Jesus every time a Blasphemer which is too usual swears by the Name of Jesus and yet no man dops the head much less bows the knee there-at no not in Sermon-time when we hear the Minister 100 times in an hour name Jesus Or as impertinent as that illegal and idle Superstition or Ceremony in defiance of the Act of Uniformity so generally practis'd by bowing to the Altar setting insignificant and unlighted Candles thereon and bowing to the East Nay some have been so sillily and ridiculously Superstitious as to ruine a handsom Pile and Fabrick to their own impoverishment so far as to need or get the Charity of others only by rebuilding it worse to make it face to the left and directly East and West That so Men might bow to the Altar and to the East also with one single Nod Oh! most incomparable Atchievement and no doubt meritorious Whereas Astronomy tells us infallibly that there is no such thing really as East and West but meer imaginary Points and fictitious as the Figures of the heavenly Dog and Bear that being West to some others which is East to us and East to others which is West to us But besides the Folly so it may well be called it is hereafter prov'd to be a sin against the Act of Uniformity to bow to the East or Altar and not only a Peccadillo but so great as to make us except we repent and reform that wicked Error to forfeit all our spiritual Promotions The tender Consideration whereof will I hope make us tender against Nonconformists for our own sakes it had been better tho' for Charities sake to take off our keen and fiery edge against Dissenters and Breakers of some Branch of the Act of Uniformity lest we pronounce our own Suspension and Anathema with the same mouth and for the same Cause for which we censure and sentence others I have here modestly I hope search'd into the Nature and try'd the mettal and mettle of your great and onely Weapon in your arch-Arch-Court or Court of Arches but always under Correction and with submission to better Judgments and the Laws Excommunication So often let flie in your Name in that Court though you seldom or never come there to hear the Merit of the Cause and the Witnesses viva voce and face to face no wonder then if you make many Random-shots and wide and beside the mark if you trust

to slay an innocent person Deut. 27.25 that is in plain English Cursed is the Suborner that promises or threatens a Reward or Advancement for there are two sorts of Advancements or Rewards belike the Learned say and Cursed is the Suborned namely Cursed is the Man-catcher and his Mate or Comrogue those two Judasses that give or take a Reward to slay an innocent person and all the people shall say Amen Nay if men be for Cursing they may have their belly full in Curses that are not money-matters nor causeless and therefore shall come to pass For though the Curse causeless shall not come Prov. 26.2 Yet the Curse of the Lord is in the house of the wicked Prov. 3.33 Indeed the Rubrick does bewail that we have not the godly Discipline of the Primitive-Church where Sinners were punish't in this World by delivering to Satan for never any man in the New Testament escap't death when the Apostles had deliver'd them over for the destruction of the flesh that must be death that the spirit might be saved in the day of the Lord Jesus No alas alas we cannot kill men with a word as did St. Peter and St. Paul upon great and terrible occasions to make an example of notorious Sinners The Pope therefore made the silly Bigot-Magistrate do what the Devil us'd to do in the Apostles times in killing and burning Hereticks and entituling the Magistrate to the blood and odium as well as to the honour of being the surrogate of the Priests Revenge the Magistrate had a happy employment on 't but he durst do no other lest upon his contempt of Canons of Holy-Church Holy-Church had serv'd him with the same sawce In my Travels in Popish Countries as Portugal Spain c. whose Laws-municipal are the Canon-Laws and Civil-Law I have observ'd that in the grand business of the Inquisition and Excommunication the Lay-Doctors the Civilians do the business but always under the Name and Authority of some Bishop or Bishops Who well knowing the way to the Wood and that to be led gently by the nose by those Lay-Doctors is the shortest cut to Preferment and to be an easie Soul or a tame Property is a meritorious qualification in a Candidate for the Holy See it would make a man smile if it were lawful to smile on so sad an occasion to see an old Nidget put on his Spectacles to write his Name under the Sentence for burning a Heretick which the Lay-Chancellors and Officials bring to him ready for his Wisdom's Subscription though poor old heart he knew nothing of the matter nor heard one Witness viva voce in the Cause Nay they would be very angry if he makes the least scruple or hesitation or enquiry What not trust his Delegates his Lay-Vicars not trust publick Notaries and Proctors Advocates and Surrogates that would not be guilty of an Extortion or Wrong I 'le warrant for any thing in the World except money And truly my Lord you could not have troubled me worse than you did the last Term by the answer you gave me to my Letter sent by a Gentleman my Sollicitor saying You knew nothing of the matter nothing of my cause or the merit of it for that you left all to your Vnder-Officers Your under Officers Why they are the sort of men of Doctors-Commons that hitherto have seem'd to Cite me upon pretended Articles of Barretry of which neither you nor they are competent Judges but you run the hazard all of you of a Praemunire if you take upon you to hale matters into your Courts that belong only to the Jurisdiction of the Courts of our Lord the King as if they design'd only under colour of a Process to get me in amongst them to affront abuse me squeeze and crush me they have done their utmost And do what you will I will never again appear at Doctors-Commons in your Court except you will secure me from affronts and keep the Peace that you will be personally present there and hear my defence and be an ear-witness as well as a Judg how I 'le baffle them all Leave me to your Vnder-Officers Are you in Earnest have a care your under Officers in meditating their Revenge on me hit not you home by bringing you within the Statutes of Provisors and Praemunire if you with implicite faith trust to them they are in a fair way to 't But no Subject how high so ever is too great for the Law and Truth they must they must read all Chronicles they always did buckle and submit their sturdy necks to the Law or the Block Leave me to your Vnder-Officers Do you say so still God defend No Sir no leave me not in the hands of mine Enemies and give me not over to the will of mine Enemies that hate me without a cause without good cause and only for telling truth of their vile Extortions and viler Merchandize of precious Souls Leave me to your Vnder-Officers nay then I am well help't up I am like to have a hopeful time on 't Why these men of Doctors-Commons as you 'l see hereafter in this little Book they are flesh't upon me already upon my Soul and upon my Purse too Leave me to them and they 'l bring you a Sentence for you to suspend me stop my mouth silence me or perhaps Excommunicate me but throw away your Pen when you come to subscribe it let me advise you for once trust them not with a power Legantine what care they what inconvenience they bring upon you or the Church they shoot securely under the covert of your great Name and Authority whilst your Delegates do indeed by such Proxy Sentence but make you a Surrogate of their private spleen malice and revenge you cannot have a worse employment I know my Lord that you and many others that do not know me will wonder both at what I have written and that I durst write what follows but 't is because they do not know me for those that do will wonder at neither Common-talk or fame is seldom a good Limner or Pourtrays any man true besides it is so various too now as of old some said he was a good man others said nay but he deceiveth the people My own Cause in your Court you 'll see needs not ten Lines to answer all no but I take willingly the occasion here given to search into your mysteries for how can I or any honest English-man or Christian sit unconcern'd when we view such havock made of Christian Souls bought and sold sent to Satan and thence redeem'd but not without Money Money Fye upon 't Fye upon 't 't is a burning shame it should be suffered 't is against Conscience Reason Law Equity and Religion And shall these fellows bold and old in sin be cherish't and I accounted too bold to tell them of their wickedness And shall they have more of your countenance than I do your pleasure But you ought not to judg re inaudita and hearing

suffer the few wise men to Guide them and Conduct them through the Labyrinths and Precipieces into which their follies have ted them But I have chosen at my own peril thus publickly to scribble my thoughts the greatest Ring-worms are best cured with Ink. Come on Man-catcher with both thine eyes staring and wide-open in hopes to snatch and catch at somewhat here that may if possible be wire-drawn and wrested to make any thing here writ to seem to Interfere with the Laws of God or Man OF EXCOMMUNICATION The Only and None-such Weapon of Ecclesiastical Iurisdiction CHAP. I. THE Thunder of Excommunication say some is a sacred piece of Ordinance and if duly let off is the most Terrible and Dreadful of all Claps Not to mention the after-claps that attend the Writ de Excommunicato Capiendo Crimes against the Common-Law or Statute-Law as they are of a different Nature of different Consequence and different Dimensions greater or lesser have proportionably different Penalties and Punishments Some merit a pecuniary Fine some the Stocks some the Whipping-Post some Imprisonment only and some are Mortal sins and merit the Ax or the Gallows But any the least contempt against the Ecclesiastical Jurisdiction if it be but for not paying a Groat or two or any such like least Piccadillo is punisht by the greatest and most dreadful scourge on this side Hell namely a Delivery to Satan by Excommunication And he that is the greatest Debauchee Libertine Atheist or Blasphemer though I never heard that ever any such was in my time Excommunicated neither at Rome nor elsewhere yet he thereby incurs no other Censure nor with more dismal Consequences then for the aforesaid small Peccadillo's are inflicted viz. Excommunication The Consideration whereof put me upon a five-fold Inquiry 1. Inquiry Whether Christ or his Apostles ever made such an Ordinance as Excommunication And whether like to that in use amongst us at this day 2. Inquiry Secondly If they did who were the Administrators thereof 3. Inquiry Thirdly Against what Offendors and Offences Excommunication was made use of 4. Inquiry Fourthly How Excommunication at this day does agree with the Laws of God and the Laws of the Land 5. Inquiry Fifthly What good or harm Excommunication has done in the World All these require the greatest scrutiny care diligence caution and dexterity to discuss In which work though there are many very many of greater abilities yet none I hope shall handle it with greater modesty and always with due Reverence and humility and submission to the Laws and my Superiors whose pardon I humbly beg if in any thing that follows I happen to transgress my bounds in any error of my Judgment there 's no error of my Will I am sure Besides I am in my proper sphere in treating of a point of Divinity my proper Province and Function And so necessary expedient and seasonable in these times and in this Age which is God knows so full of scandals and offences and so many millions daily liable to this terrible stroke if the Laws as they now stand be as all Laws ought to be whilst they continue Laws put in Execution For I am perswaded and so must every man that has a grain of Charity that not one Dissenter of a thousand is wilfully and maliciously so no man who is out of Bedlam will willingly throw himself down a Precipiece no man desires any thing that he judges evil it is impossible no 't is want of sight and understanding that makes men stumble hesitate and fall They walk in the dark and that 's the reason that Scandals and Offences are so many and numerous and our Divisions so great that nothing but Illumination can make men walk steadily in the way the Kings High-way Some may well imagin that a man of my little Talent and Endowments cannot publickly hold forth a greater or better Light or show the way clearer than those many thousands of more improv'd Knowledg and Advantages And that therefore I do but actum agere and labour in vain However I 'le show my good will and charity whilst wiser heads sit still For what Charity can there be in us whilst with dry eyes and unconcern'd we see so many stumble and fall in the dark and none lend a light or a helping hand if possible to reduce men into the unity of the Spirit and the bond of Peace Let greater Luminaries carry their greater Lights in Dark-Lanthorns but it is better to set it on a Candlestick and publickly that it may give light to all the House If I do no other good than hereby to incite others to clear this dark and mysterious management of Excommunication it will be some satisfaction however I promise my self and the Reader that I shall not wittingly nor willingly express any thing contrary to the Law of God and the Establisht Law of the Land CHAP. II. THis being Premised I will begin with the first Query Query 1. Whether Christ or his Apostles ever made such an Ordinance as Excommunication And whether like to that in use at this day I answer First None can imagin that our Blessed Saviour the Prince of Peace the Restorer of breaches that was meekness and lowliness it self should give many eager or frequent commands to extirpate or dismember any of his Body for he came to seek and to save that which was lost And therefore we meet but with one place in all the Gospel that gives any colour to Excommunication namely Matt. 18.17 18. But our Saviour after all the caution imaginable of a mild and private previous proceeding and dealing tenderly with a Brother a Jew that trespasseth against thee betwixt thee and him which if it took effect the cause was stopt and all further proceedings it went no further but when the method of cure prov'd ineffectual The next remedy was not to put him into the Court or present him but to take with thee one or two more to which if the Trespasser would hearken though he had neglected and refused at the first private Conference yet there also all proceedings were stopt and the matter privately husht up to avoid scandal and the Church or Spiritual-Court never heard a word of it except these Prescriptions of our Saviour did not effect the Cure And then and not till then by any warrant from the Gospel was any man to be put into the Court or Sanhedrim or the matter told to the Church or made a publick business of But then if the Criminal neglected to hear the Church What then Does he command the Church to deliver him to Satan He only says Let him be unto thee as an Heathen-man and a Publican Which words can have no other Grammatical Construction but that thou shouldst look upon him as a man that regards not the precepts and admonitions of the Jewish Sanhedrim more than does a Heathen-man or a Publican that never pretended to be subject to them nor Subject in the Kingdom of God and

Pope hard-hearted wretch can deliver them but not a Soul of them except they or some-body for them down with their dust and ready Darby they will not trust for a twelve-penny piece which is the price of a Mass it seems now a days but when I was in Spain and Portugal they were cheaper one might have had two for a shilling and thank you too nay an Irish-Fryar a Teague Benedicite would make you twenty Legs too into the bargain with Abou bou bou by Chrees and by St. Patrick Fait and Trot by my Shoule Joy Never did such a silly cheat reign so long before in the whole World but it was only because they kept the people in ignorance and if any man durst offer to enlighten them and speak the Naked-Truth the Pope and his Inquisition and Emissaries were as spightful cruel and devillishly bloody as any are now amongst us at this day against the Naked-Truth They are vildly loth to lose their domineering insulting Kingdom of Darkness and are as mad as Bethlehem if men will not be Asses and tame Beasts and suffer themselves as of old to be caw'd crow'd over and Priest-ridden 'T is said of the Germans That just before God had raised up Luther to awake them and rowze them they were grown so fottish and be-jaded having so long been Priest-ridden that their Priests might almost have perswaded them not only to lye down and let the Priest whip them or which is as bad or worse make them whip themselves both of them daily Penances at this day in Popish-Countries but also they might easily have been perswaded poor Asses to eat Grass Surely English men are not so dull and tame to be Hen-peckt or to be rid and bestrid at such a rate I hope I confess I have not the patience to endure it But though the Pope says Christ gave Peter that is himself he says though his name be Pius Sergius Innocent or Alexander the Keys of the Kingdom of Heaven be it so we will not now quarrel about it yet how the Devil and he should be so kind that the Devil should trust him or prefer him to a Porters place in the Kingdom of Hell I cannot imagin I am sure there is no Scripture for it Nor any reason or any thing else in the case but the Money-case I think I have sufficiently evidenc't that in Matt. 18.17 there 's nothing like it nor from or in imitation of the Jewish-Church and Gods Platform of his own making neither God nor Christ in the Old nor New Testament ever gave Authority Power or Command to any man High-Priest or Low-Priest or any Assembly of men Clergy or Lay-Elders to turn men out of the Church and shut and lock them out from Divine Ordinances the comfort as well as cure of Sinners much less did ever prostitute such Sacred Mysteries to sale and make a Money-matter or a Money-business of it this was the inyention of Pluto the Money-God or Money-Merchant or his Factors the Popelings Nevertheless though I assert this yet I do not deny but the King and Parliament may impower Bishops or who they please to Excommunicate but I say I see no Scripture for Excommunication Indeed in our Saviours time the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Sanhedrim or Synagogue or Courts of Justice were Jewish-Justice but put into Commission by the Roman Governour the High-Priest was a Jew but ordain'd by the Emperor or Roman Governour nor durst not call a Court or Sanhedrim but by permission of the Romans Archelaus the Son of Herod was by his Father constituted and appointed in his lust Will and Testament King after his Fathers Death but he durst not own the Name of King till Caesar confirm'd him Nor durst the High-Priest act till confirm'd by the Roman-Governour in any great affair as Josephus relates in his 20th Book of Antiquities and he was in a grievous quandary for procuring the Death of James the Just the Brother of our Lord during the interregnum after Festus his Death and before Abbinas his Successor was arriv'd in Judaea in his Government But I say the Romans usually granted the Conquer'd Jews to use their own Laws and to be govern'd by their own High-Priest and Countrymen and Sanhedrim but always under favour and under correction still of the Romans This Sanhedrim or a Synagogue then was the same in Christ's time as appointed in the Law of Moses namely the High-Court of Justice and the Lower-Courts of Justice and all the Magistracy they ever had But our Blessed Saviour he never changed the Government that was enacted and established by Moses's Law nor suffered his Disciples to innovate any thing in the Civil-Government or which is all one Spiritual-Government Sanhedrim or Synagogue Which if our Saviour had ever spoke against no doubt but his Adversaries that lay at catch would have accused him of it and laid it to his charge when they so thirsted after his Blood Of this Court of Jewish-Magistracy our Saviour speaks when he says in Matt. 18.17 tell it to the Church or Synagoge or Sanhedrim Which I say was not a meer Spiritual Court no no it was no Bawdy-Court but a Court of Justice for Trying Causes whipping men beating them stoning them to Death In this Court St. Peter and St. John were threatned and St. Stephen stoned Acts 7. And the same Court had stoned Peter and John too but that they durst not for fear of the people that were so taken with them for that a notable Miracle had been done by them in curing a Cripple that was born Lame from his Mothers Womb Acts 3. and this was such an evident demonstration of the hand of God going along with them and done so publickly and only with a word in the powerful Name of Jesus that the people could not but admire it and applaud it Whereupon they were put to a notable plunge and when they had laid their Heads together Acts 4.15 They were at their Wits end and knew not what to do Acts 4.16 For on the one hand they resolv'd to do all the mischief they could or durst and on the other hand they had no other colour for doing mischief to the Apostles but only that they had done good and cured a poor Cripple and that would bear no colour for their intended cruelty against them What shall they do What shall they do They were mischievously bent and were resolv'd to do as much mischief as in them lay but that that perplext them and put them to this sad perplexity the people the people could not be gull'd with any colourable mist to blind their eyes and make them believe they punisht the Apostles for Treason or Sedition or Heresie therefore the Text says Act. 4.21 Finding they sought but they could find nothing how they might punish them the Apostles why could they find nothing 't is answered in that Text Because of the people for all men glorified God for

Aldham in the County of Essex and Everert of the said Parish Widdow Et Objicimus Articulamur ut supra 8. Item Objicimus Articulamur quod praemissa fuerunt sunt vera publica notoria manifesta pariter famosa ac de super eisdem laboravit in Praesenti laborat publica vox fama unde firma fide de jure in hac parte requisita petit pars ista proponens jus justitiam sibi fieri Ministrari cum effectu nec non prefatum Edmundum Hickeringill pro tanto suae temeritatis excessu in delictis criminibus suis praedictis Canonice corrigi puniri a dicta sua Rectoria omnium Sanctorum in Villa Colcestria praedicta per triennium juxta Canones Constitutionis praedictꝰ suspendi ac pro sic suspenso denunciari declarari doctumque Edmundum Hickeringill in expensis Legitimis ex parte per partem Thomae Doughty in hujnsmodi causa factꝰ faciendum eidemque se ad omnia singula promissa probanda sed quatenus probaverit in premissis catenus obtineat in petitis officium Domini Judicantis humiliter implorando To which Libel at my second appearance before them in Doctors-Commons of which this is the News November 12. 1681. I gave in over and above the Protestations to be seen in my first Printed News from Doctors-Commons This following Answer CHAP. VII ALLEGATIONS humbly propounded in the Court vulgarly called the Arches held in Doctors Commons London in further Protestation Plea and Answer to certain Articles in a Libel against Mr. Edmund Hickeringill Clerk Defendant Exhibited before Sir Robert Wiseman there upon a Citation at the Promotion of Thomas Doughty Gent. alias at the Promotion of Henry Bishop of London Novemb. 21. 1681. THIS Defendant saving to himself all Advantages and Benefit of Exceptions already made by Protestation against the Proceedings of this Court by reason of the Statute 1 Edw. 6.2 against all Process Ecclesiastical wherein the Name and Style and Seal of the King is not inserted which with the Penalties at the Peril of the Transgressors thereof is now in force as this Defendant is informed by his Councel learned in the Law notwithstanding some Opinion given to the contrary during the Awe and Terror of the High-Commission-Court now blessed be God abolished Saving also the benefit of such other Statutes and Reasons by this Defendant formerly alledged in the said Protestation All which being saved to this Defendant he further Protesteth and saith First That under Favor of this Court and with submission to better Judgments this Defendant humbly conceives that there is a Statute made in 16 Car. 1.11 whereby not only that branch of 1 Eliz. 1. is repealed But also It is further Enacted by the said Statute That no Archbishop Bishop Archdeacon Commissary Official Statute print c. shall inflict any Pain Penalty c. for any Misdemeanors or Contempt c. in pain of One hundred pounds and Costs and Damages to the Party grieved Upon which it is acknowledged by 13 Car. 2.12 that doubt did arise whether by 17 Car. 1. and yet there never was any Statute made in that 17 Year All Ecclesiastical Jurisdiction was not thereby suspended which doubts whether well-grounded this Defendant does not take upon him to determine but rather thinks that Ecclesiastical Jurisdiction as to purely Spirituals and purely Spiritual Weapons is not thereby taken away nor should the Weapons of their Warfare be Carnal but Spiritual But this Defendant humbly conceives That the said Statute comes fully home to this his present Case in the said Articles and is without doubt The last Article of the said Libel threatning this Defendant with no small Pain and Penalty but no less than that of being suspended for Three Years from his Rectory of All-Saints in Colchester in that County of Essex And also to pay money for Costs Both which are great Pains and Penalties though not so bad as corporal Punishment yet they are Punishments not Spiritual but Temporal Pains and Penalties All which that Statute takes right and good reason from their Jurisdiction Ecclesiastical or Spiritual as well as Corporal punishments As ill becoming Church-men that never learn'd this of their Saviour Nor as this Defendant is informed by his Councel learned in the Law is this Statute of 16 Car. 1.11 repealed nor whether any reason it should be repealed this Defendant thinks it not proper for him to determine but humbly thinks that it is impossible that the repealing the 17 Car. 1. should repeal 16 Car. 1. But doubts not but it is available to him to defend him from the force of the said Article and to keep his said Rectory Tythes and Profits from the reach of this Spiritual Court. Besides The said Article threatning to suspend this Defendant from his Rectory for Three Years and the said Rectory being this Defendants Freehold the validity of this Defendants Title thereunto ought not to be tried in any Ecclesiastical Court but in the Courts of our Lord the King as in the Statute of Provisors 16 Rich. 2.5 For the Plenarty of a Benefice or whether a Benefice be full shall not be tried in the Ecclesiastical Court or Court Christian says the Lord Cook but in the Kings Courts as in the other Statute of Provisors 25 Edw. 3. 9 Edw. 1.2 18 Edw. 3.5 16 Car. 1.11 And in cause of disturbance as this is concerning the Right of Tythes pertaining to a Rectory when it is deraigned then shall the Plea pass in Court Christian as far forth as and no further at their peril then it is deraigned in the Kings Courts as in the said 9 Edw. 1.2 18 Edw. 3.5 28 Edw. 3.3 A Jury not an Official or Commissary Bishop nor Archdeacon shall determine Mens Freeholds such are all Rectories and Vicaridges Secondly In the said Process or Citation the ground or leading Process to the after-proceedings against this Defendant in the said Court the said Defendant is cited to answer certain Articles at the Promotion of Thomas Doughty Gent. But such Articles at the said Doughty's Promotion are not deliver'd to this Defendant nor were exhibited against him at his first appearance upon the said Citation as is provided by 2 Hen. 5.3 nor such Libel or Declaration answerable to the Process charged upon this Defendant to this day and therefore he ought by the said Statute to be dismist with Costs But instead thereof another Libel was deliver'd to this Defendant wherein Henry Bishop of London is Promoter Richard Nucourt the Proctor in presence of this Defendant blotted out for the Ink was not dry when the Libel was deliver'd Thomas Doughty the aforesaid Promoter and in his Room very sawcily and no doubt without the said Bishops privity being absent inserted Henry Bishop of London as Promoter nor will the said Bishop have very much cause to thank him for the Place or Preferment it being much below the

Dissenters and just even to those from whom he differ'd most which appeared signally in the care he took in a Case of the Quakers wherein he was very cautious mark that in declaring their Marriages void and so bastarding their Children But he consider'd Marriage and Succession as a Right of Nature from which none ought to be barred what mistakes so ever they might be under in point of revealed Religion And therefore in a Trial that was before him when a Quaker was sued for some Debts owing by his Wife before he married her and the Quaker's Counsel pretended That it was no Marriage that had past between them since it was not solemnized according to the Rules of the Church of England He declared that he was not willing on his own Opinion to make their Children Bastards and gave Directions to the Jury to find it special which they did It was a Reflection on the whole Party that one of them to avoid an Inconvenience he had fallen in thought to have preserved himself by a Defence that if this Judg had absolutely determin'd must have made their whole Issue Bastards and incapable of Succession And for all their pretended Friendship to one another if the Judg had not been more their Friend than one of those so called their Posterity had been little beholden to them But he govern'd himself indeed by the Law of the Gospel of doing to others what he would have others do to him Which Law vacuates and makes null and void all Laws of Man ipso facto that are made to the contrary as being against the Law of God and the Law of Nature And therefore because he would have thought it a Hardship not without a Cruelty if amongst Papists all Marriages were null'd which had not been made with all the Ceremonies of the Roman Ritual so he applying this to the case of the Sectaries he thought all Marriages made according to the several Perswasions of Men ought to have their Effects in Law Here was a Man made up of Law and Reason and had Conscience and Compassion to human kind mingled with his Profession of Christianity and was good as well as wise He well foresaw what a Rod a just Rod we Protestants make for our selves and if ever the Papists prevail to bastardize all our Children if it be a concluded Maxime of the Church and Law of England That every omission or want of the established Rituals in the solemnization of Matrimony make it null Marriage being a Right in Nature and observed amongst Heathens where I have inhabited and dwelt that never heard or regarded any other Religion than the Law of Nature And tho one Man may if he can manage them or think that he has not enough of One if he please and also if another Woman agree to it he may take her to Wife and as many as he can in addition But Adultery is never heard of amongst them at least more rarely than in Courts Christian And thus I hope both I and all my Country-men true-hearted English-men and Protestants will have more cause to rejoice than Court Christian that ever they royl'd or provok'd my lazy and beloved Silence Retiredness and Privacy by so silly an occasion to publish thus my Thoughts and Meditations on greater Matters But such is the Policy when I had begg'd of Sir Thomas Exton my old Friend and Acquaintance as if it had been for an Alms more than once which they ignorantly construed to proceed from fear of them That he would speak to the Bishop of London to withdraw the Prosecution and Promotion and not force me to Answer what I knew would and which I was loth should be displeasing to them And it is ●sual for Men that are chiefly guided by the Maxims only of Self Self-Interest and Self-Designs to construe all Overtures of Peace Quietness Amity and Accommodation to proceed from fear of some Mischief from them of doing which they are resolved when they can not to be over-cautious for they cannot imagine that such amicable Overtures proceed from Ingenuity and a study of Peace and Quietness But if Men like some eager Wrestlers that have more mettle than skill or strength after many repeated Foils Foil after Foil will never take warning 't is just they take what follows Self do self have Nay no matter who bid them be so Fool-hardy Did not Light-foot that pretty sweet-lips Asahel all Mettle and Hot-spur pursue Abner that old Captain and by no Perswasions could be induc'd to fall upon the Youngsters or common-men but Abner Abner only must be the Man he would hunt down and conquer Tho 2 Sam. 2.21 22 23. Abner said to him Turn thee aside to thy right-hand or to thy left and lay hold on one of the young-men and take his Armor But Asahel would not turn aside from following him And Abner said again to Asahel Turn thee aside from following me wherefore should I smite thee to the Ground How then shall I hold up my face to Joab thy Brother Howbeit he refused to turn aside wherefore Abner with the hinder-end of the Spear smote him under the fifth rib that the Spear came out behind him and he fell down there and died in the same place CHAP. XIV NOR does the Order of Matrimony now used much differ from that made by the inspiration from the Holy-Ghost in 2 Edw. 6. for there also no Indulgences nor Perfunctory Money-Licences are allowed or wink'd at nor the Avarice countenanc'd save that instead of With this Ring I thee wed with my Body I thee worship c. is inserted With this Ring I thee wed This Gold and Silver I thee give with my Body I thee worship c. For the Bridegroom besides the Ring was to give the Bride other Love-Tokens called there Tokens of Spousage as Gold or Silver and also they were to receive the Holy Communion together or Sacrament without which never any Matrimony was solemnized a good begining makes a good ending But to come to a Conclusion of this Essay Schism or Sedition quasi se itio or going by one's self or in a private path or way of one's own head out of the King's High-way the Act of Uniformity is a transgression indeed of the Law But if nothing will serve men but severe Remarks must be made on such Seditious or Schismaticks by what has been said you see we must all cry guilty from the highest to the lowest Clergy and Laity that have but bow'd at the Name of Jesus or to the Altar or set up everlasting Candles thereon for the Papists light them and burn them upon the Altar in imitation for most of their Religion is only Apish Mymicry of the Primitive Times and Christians who were glad because of Persecution to meet in private Conventicles in Cells and Cellars and by stealth in the Night and consequently did all as the Papists now do usually at Noon-day in their chiefest Churches they obscure the Windows with

every other Witness 00 4½ 00 4½ 00   Item For the Examination of Witnesses upon Interrogatories 00 09 00 09 00   Item For the Examination of every Party principal 00 09 00 09 00   Item For the Oath of every Party principal 00 00 00 00 02   Item For the Copy of every Witness upon any matter produced and examined 00 00 00 08 00   Item For the Copy of the Parties principal Answer 00 00 01 00 00   Item For every Commission for the Examination of a Party principal or Witnesses or for the Prizing of Goods of a Deceased or to take the Oath of a Party upon an Inventory or Accompts or any other matter 05 00 05 00 00   Item For the Constitution of a Proctor 00 00 00 04 00   Item For Exhibition of every Proxy in Writing 00 00 00 02 00   Item For every Act 00 00 00 04 00   Item For every Act upon the opening or recovering of a Prohibition Consultation or any others of the King's Writs 15 00 15 00 00   Item For a Delay For every Definitive Sentence and Interlocutory Decree 05 00 05 00 12   Item For every Significavit to the Chancery for the Taking and Imprisoning of an Excommunicate Person in any Cause as well of Instance as Office 05 00 05 00 00   Item For every Significavit to the Chancery for the Freedom and Inlargement of an Excommunicate Person in any Cause as well Instance as Office 05 00 05 00 00   Item To see it Executed For the Copy of every Order of Penance 06 00 06 00 12   Item For Transmitting every Process Judicis a quo ad Judicem ad quem to the Register according to the Taxation of the Judge ad quem or according to Composition between the Register and the Party Appellant 00 00 13 00 00   Item For the Seal of the Judge a quo set to the Process Transmitted 06 08 00 00 00   Item For all Letters of Guardianship under Seal 06 08 06 08 00   In Causes of Office that is where the Court proceeds of its own Accord and t is not between Party and Party To the Comissary To the Register To the Apparitor   s. d. s. d. d.   IMprimis For every Original Citation and Appearance of every Party 00 06 00 06 04   Item For every Decree Viis Modis 00 06 00 06 04   Item For every Excommunication or Suspension under Seal 00 09 00 09 04   Item For every Absolution from an Excommunication or Suspension 00 09 00 09 00   Item For Letters Testimonial to be made upon any Cause and for writing them if the Cause require it 06 08 06 08 00   Item For the Examination of every Party principal 00 09 00 09 00   Item For the Copy of every Parties principal Answer 00 00 01 00 00   Item For the Oath of every Party principal 00 00 00 00 02   Item For drawing of Proxy for Appearance at all Visitations and Synods 00 00 02 06 00   Item For the Exhibition and Consignation of every Proxy in writing at the Visitations and Synods onely 00 00 00 04 00   Item For warning of them For Registring the Names of the Church-wardens and Side-men of every Parish 00 00 00 04 04   Item For every Certificate made to the Bishop by the Commissary for the Commutation of any Penance 06 08 06 08 12   Item When any Penance is Commuted by the Bishop and the Commutation extended to the Commissary 10 00 10 00 00   Item For the writing of any Bond taken for the Indempnity of the Judge or his Commissary upon any Cause 00 00 01 00 00   Item For every Act passed in Court 00 00 00 04 00   Item For every Faculty that grants Licence except for Teaching 05 00 05 00 00   Item For Exhibiting every Bill of Presentments at the Visitation onely 00 00 00 04 00   Item For the Purgation of every Person to whom Purgation is assigned and for his own hand 00 09 00 09 04   Item For every Compurgator first sworn and for his hand 00 09 00 09 02   Item For every other Compurgator 00 06 00 06 02   Item For every Intimation sent out for all those that will object against a Purgation of any Man and his Compurgators 01 03 01 03 04   Item For a Dismission of every Man out of the Court for any Cause whatever 00 06 00 06 04   Item For any Search made by the Register for any Act of Court or any other Instrument after a Cause is ended 00 00 01 00 00   Item For every Sequestration of the Fruit of a Benefice and Publication of the same under Seal 05 00 05 00 12   Item For Letters Commendatory for a Curate going out of the Jurisdiction 03 04 03 04 00   Item For every Caveat entered 00 00 01 00 00   Item For the Copy of every Order of Penance 00 06 00 06 12 To see it Executed Item For Transmitting a Process Judice a quo to Register according to the Taxation of the Judge ad quem if there be no Composition made betwixt the Register and Party Appellant 00 00 13 00 00   Item For the Seal of the Judge to the same Process 06 08 00 00 00   Item For the drawing of Articles against any Man Convented of Office for lawful Proof made of the truth of them 01 08 01 08 00   Item For every Act upon the withdrawing of a Caution out of the Registry 00 00 00 11 00   Item For every Dispensation for Exhibiting of an Inventory into Court 06 08 06 08 00   Item According to Statute For an Administration of the Goods of a Deceased not extending to the Sum of Five Pounds 00 00 00 06 04   Item In defiance of the Statute For the Administration of the Goods of a Deceased amounting above the Value of Five Pounds and under Forty 02 06 02 06 10   Item In defiance of Statute For the Administration of the Goods of a Deceased amounting to Forty Pounds and upwards let it be as many Thousands as it will is 06 08 06 08 11   Item According to Statute For the Probat of a Will where the Value doth not exceed the Sum of Five Pounds ●… 00 00 06 04   Item According to Statute For the Probat of a Will where the Goods exceed Five Pounds and not above Forty Pounds 02 06 01 00 10   Item According to Statute For the Probat of a Will where the Goods do exceed the Value of Forty Pounds and upwards let it be as much as it will 02 06 02 06 10             For every Skin Item In defiance of the Statute For the Ingrossing of every Will according to the length thereof not exceeding eight Skins for every large Skin

of Parchment 00 00 08 00 00   Item In defiance of the Statute For Ingrossing every Inventory and Accompts according to the length thereof not exceeding Two shillings for every Press of Parchment 00 00 02 00 00   Item In defiance of the Statute For Exhibiting of every Inventory and for subscribing of the same 00 06 00 06 00   Item For the Copy of every Act extracted out of the Registry under the Register's hand 00 00 01 00 00   Item For the Copy of every Inventory Testament Libel Matter Allegations or Articles whatsoever extracted out of the Register under the Register's hand 00 00 According to the length 00   Item For Letters of Request made to another Ordinary to Cite one dwelling out of the Judges Jurisdiction 01 08 01 08 00   Item For every Renunciation of an Administration of the Goods of a Deceased or an Executor of a Will Admitted and Enacted 00 06 00 06 00   Item For every Decree made upon the distribution of Goods amongst the next of Kin and for Registring the same 06 08 06 08 00   Item The Fee of a Proctor every Court-day in which he is Retained upon any Cause whatsoever is 01 00 00 00 00   And no more Therefore they Abuse you when they take Ten Groats ☞ And indeed there is scarce one of all these Particulars but the Officers belonging to these Courts do now Demand Take and Extort most Vnjustly Greater Fees than are here set down which yet are all that themselves had the Confidence to ask or pretend due in the Time of King Charles I. since which Time they have not any Colour of Law Reason or Authority to have them increased Therefore if any of them shall for the future Demand or Take any Fees Duties or Sums of Money more or greater than are here set down let the Party grieved forthwith Indict them for Extortion the onely way to Curb the Avarice and Oppression of greedy devouring Locusts who like the Sons of the Horse-Leech always Cry Give Give till with tedious Vexations they undo those they can get into their Birdlime-Clutches POSTSCRIPT I 'LL add but one Argument more and 't is the slenderest in all the Artillery of Logick but for Home-thrusts like a Vipers tongue 't is slender indeed but most Mortal and Irresistible 't is called Argumentum ad Huminem like Rom. 2.22 Thou that sayest a man should not commit adultery Doest thou commit adultery so say I Thou Adulterer Art not thou a transgressor of the Law and Acts for Uniformity Is not Adultery against the Common-Prayer-Book Is not an Illegal Ceremony-monger a Non-Conformist Is not an Adulterer a Non-Conformist Is not a Noddy I should say Nodder to the Altar to the East a Non-Conformist Is he so Why then thou old formality thou whip and spur Will no pace serve thee but a Gallop and Tantivy Foot and Horse Companies and Troops Trot and Gallop On what Service What Expedition To root a Conventicle Have a care man and fly fly get out of harms way for fear they face about and root thee for a Non-Conformist and take from thee thy pride and joy of thy heart thy 2 3 4 5. Spiritual Promotions Ha Non-Conformists Is that the Word one would think thou shouldst for thine own sake hereafter be good to Non-Conformists thou dull Coyner and Forger of Ceremonies thy chief Religion in defiance of the Holy Acts for Uniformity You that would have all Non-Conformists undone Body Soul and Estate you that are all for Cursing and Imprisoning all for filling Hell and the Gaol come on How do you like this deprivation for Non-Conformity How does this Stone-doublet fit you you that breathe nothing but Gaols Fines Confiscations Suspensions Hell and Excommunications and Writs in the Rear of it Thou wicked and unjust Judg dost thou Sentence or Excommunicate some Non-Conformists and not all Non-Conformists and dost thou partially spare thine own Nodding Superstitious silly self James 2.1 My Brethren have not the faith of our Lord Jesus Christ nor the Laws of God and the King the Lord of glory with respect of persons Either all being guilty let all suffer but where shall we get Executioners or else being guilty As in general Mutiny none suffer Otherwise James 2.3 Are ye not then partial in your selves and are become judges of evil thoughts Then do not bespeak Grand-Jury-men to make fish of one and flesh of another but either spare all Non-Conformists or spare no Non-Conformists small nor great Lay-man nor Clergy-man Bishop nor Arch-Bishop Dean nor Chapter Singing-men nor Singing-boys Register nor Sumner no nor Justices nor your selves Grand-Jury-men spare all or spare none from the greatest to the least from the Bench to the Bar. Dost thou say no Non-Conformists ought to be sworn of a Jury Ha let me hear this again Is this Law That no transgressors of the Law shall be either Judg or Jury-man turn thine eyes inward look into thine own Breast and then tell me Is this Law What Shall no transgressor of a Statute be a Judg or a Jury-man not one Whoremaster Drunkard Extortioner nor Blasphemer Curser nor Swearer Or is the transgression of the Statutes for Uniformity the greatest transgression There 's no reason for that but we 'l admit it rather than spoil good discourse and then tell me thou silly Superstitious deviser and observer of Illegal Ceremonies thou Cloud that would overcast all Religion Dost thou think to escape the Inquisition by the works of Darkness Mists and Clouds of thine own making Art not thou also a Non-Gonformist The Millenaries have long expected Christs Personal Reign upon Earth when the Saints shall judg the World but all in vain for now one Non-Conformist condemns another a Non-Con on the Bench a Non-Con at the Bar pretty I protest Vice corrects Sin Fait and Trot and by St. Patrick 't is well a fine Joy If ever Popery come to be the State-Religion as it was for hundreds of years in England then those that assert it for good Law That no Non-Conformist shall he a Jury-man has cut all our Throats defeated all our Estates Liberties and Properties with that one Breath Pestilential Breath For where are our Lives our Liberties our Properties our All by the Law if it be Law to have none but Conformists Jury-men if ever we live to see none but Papists Conformists which is not impossible This it is to wyre-draw the Law only to serve a trick or a turn or a present occasion this furnishes the Papists with a fine lash to slash us and by Law too our own Law Judges and officers saith God Deut. 16.18 19. shalt thou make thee in all thy gates which the Lord thy God giveth thee throughout thy Tribes And they shall judg the people with just judgment Thou shalt not wrest judgment thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wife and pervert the words of