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A43631 The naked truth. The second part in several inquiries concerning the canons and ecclesiastical jurisdiction, canonical obedience, convocations, procurations, synodals and visitations : also of the Church of England and church-wardens and the oath of church-wardens and of sacriledge. Hickeringill, Edmund, 1631-1708. 1681 (1681) Wing H1822; ESTC R43249 69,524 40

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illa absolutos c. This amongst many others wherein I could instance is but to shew that the King's Judges did controul the inferiour Jurisdictions called Ecclesiastical and Judge whether the cause or contempt deserved Excommunication and accordingly commanded Absolution c. as I have known the Lord Chief Baron in his Majesties Court of Exchequer about seven years ago command Doctor Lake Commissary of Lincoln and then in Court to absolve one King c. to which the Doctor making some tergiversation the Lord Cheif Baron threatned to lay him by the heels for his contempt For it is great insolency for a Commissary Official or his Master the Arch-deacon to excommunicate in their Courts and Visitations the Kings Subjects except by Authority and Commission from God or the King From God they have no power to excommunicate or to hear Causes then hath any Parish-Priest in his Parish if so much And if they have a Commission from the King let them shew it but when they have shewn it I dare say it will run with submission to His Majesties Decrees in his superiour Courts Courts of Record at Westminster Courts of good and great use Courts that have his Majesties Authority and Commission to shew for what they do Courts that do not bear the Sword in vain Courts that are not made up only of an empty noise of Curses and Anathema's thundring and cracking as if they came from Heaven when all is but vox praeteria nihil and not of little or no use but to vex and weary out the Supplicants Suiters and Attendants by enriching some few not of the best of mankind with Money Money And on the contrary how careful have our Kings of England been rather to encourage Parish-Ministers that labour and look after the Flock even in times of Popery as for instance in this Brief sub privato sigillo Edwardi 1. anno regni ejus 33. in these words Rex dilecto sibi Ricardo Oysel Ballivo suo de Holdernesse salutem Mandamus vobis quod de exitibus Molendinorum nostrorum in Belliva vestra faciatis Decimas dari Personis Ecclesiarum in quarum Parochiis Molendina ista existunt prout alii Magnates de regno nostro ac hominis partium illarum Decimas dant de exitibus Molendinorum suorum Et nos vobis inde in compoto vestro ad Scaccarium nostrum debitum allocationem fieri faciemus T. R. apud Westm 20. die Octobris Per breve de privato sigillo And good reason sure had that valiant King to give all due encouragement to the Inferiour Clergy if we consider how he was affronted and defy'd and brav'd by the Prelates Polid. Virgil Angl. Hist l. 17. especially by Robert Arch-bishop of Canterbury so that the King was forc'd to put all the Rebellious Prelates and Clergy out of his protection seizing their Goods and Revenues until they at long-run submitted themselves after a tedious Bustle to which they were encouraged by Pope Boniface I know that the King granted his Favour afterwards and Protection to the said stout Arch-bishop Robert and the rest and suffered the said Arch-bishop to stand by him and his Son upon a wooden Scaffold erected before the Gates of Westminster-Hall for that purpose when with many Tears the King askt Pardon with all Humility not the Arch-bishop's Pardon but that the People would pardon him Walsingham Hist Angl. p. 36. but it was not for his humbling the proud Clergy as aforesaid but for his Arbitrary Government Dicens se minús bene tranquillè quam Regem deceret ipsos rexisse c. Rursum ut libertates contentas in Magna Charta Mat. West An. 1297. p. 409 410. Ypodigmae Neustr p. 84. de Foresta in usu extunc efficacius haberentur voluntarias super his exactiones inductas de caetero quasi id irritum revocaret petentibus Comitibus Baronibus Rex Articulos in praedictis chartis contentos innovari insuper observari mandavit Henry de Knyghton adds Rogavitque Populum accepta licentia ut omnia condonarentur ei orarent pro eo orabant quidam publicè alii vero sic alii vero occulte pauci vero bene Anno 32 Edw. 1. this King was again affronted by Thomas Corbridge Arch-bishop of York For when the King by his Letters Patents granted to Mr. John Bouhs the Prebend of Styvelington in the Church of St. Peter in York and commanded Thomas Corbridge the new Arch-Bishop to admit him c. after two successive Mandates he neglected to do it to the King's damage 10000 l. as in the Plea Rolls of Trinity Term held at York To be seen in the Receivers Office of the King's Exchequer at VVestminster 32 Edw. 1. is at large expressed Thereupon the Arch-bishop being summoned to answer this contempt before the King's Justices he appearing answered That he was always ready to obey the Kings commands so far as he could but he could not admit the King's Clerk because the Pope had conferred the said Prebendary and Chappel thereunto belonging on his own Clerks of whom they were now full and that he could not make void the Act of the Pope his Superiour Lord nor deprive or remove his Clerks And therefore prayed the King to hold him excused refusing to give any other answer Whereupon Judgment was solemnly given against him That what he alledged was no sufficient cause for him not to execute the Kings commands and that all his Temporalties should be seized into the Kings hands for this his contempt c. By which we may see that even in times of Popery the Kings of England have opposed the Popes Innovations and Usurpations and the Kings Justices have taken cognizance of these Ecclesiastical matters and that no Forreign Mandates or Bulls were pleadable in the Kings Courts in bar of the Kings Writs and that long before the Reign of King Henry 8. obedience to the Pope before the King was adjudged a very high contempt in Law and had a suitable punishment and that the Kings Temporal Courts had Soveraign Jurisdiction over the Ecclesiastical Proceedings which is also more evidenced by the several sorts of Mandates dates and Writs even in times of Popery frequently issued out against Arch-bishops Bishops Ecclesiastical Judges and Ordinaries commanding them to do this and that and prohibiting them not to do this and that witness the Writs of Quare impedit Quare incumbravit Quare non admisit de Clerico admittendo de copia libelli deliberanda de permutatione Beneficiorum de revocatione Praesentationis Bracton de Residentia facienda de cautione admittenda de Assisa ultima Praesentationis cessavit de Cantaria de Nonresidentia pro Clericis Regis de Praesentatione ad Ecclesiam Praebendam Capellam c. Nay it seems to me that even in times of Popery the Kings Judges would take no notice of any Excommunications Cook Instit 134.2 but what were decreed by the
were the 12th part of Israel Except this be proved a Parity of maintainance cannot hence be argued by paying the Tenth or Tithes unless a Parity of numbers of the Clergy of England bore the like proportion to England that the Tribe of Levi did to Israel that is a 12th part And therefore it is an Idle Dream and a Bug-Bear to call detaining of Tithes Sacriledge except it can be prov'd that God or Christ or the Apostles ever took or commanded to be taken the Tenth to Gospel-Ministers as God expresly commanded the Tythes of all Israel to the Levites That bear no proportion in number to the Tribe of Levi nor are the Tenth part nor scarce the hundreth part of most Parishes and yet shall lick up the whole Tenth part of the Parish But though detaining of Tythes from Ministers is not Sacriledge yet detaining of Tithes from Ministers is as great a Sin as and no greater sin than detaining Tithes from Impropriators namely as other frauds and wrongs A transgression of the Laws of the Land Which the wily Priests never cared to trust to if they could help it nor to be beholden to though to the Law of the Land alone and Acts of Parliament they are beholden for any Tithes or portion of Tithes that they do enjoy and therefore they secure their Tithes with this same frightful word Sacriledge and also Jure Divino A Vicar has not the great Tithes no nor a poor man has not the great Mannors and Lordships that others have but the poor and poor Vicars have all that is their due and allowed them as their Propriety and let them be thankful to God and the Laws for that though not so great as other men's and perhaps neither do they deserve so much as other men howsoever it is their Lot and therefore poor Vicar Sorte tuâ contentus abi though I wish thee well and more For it is not Sacriledge for a Gentleman to have the great Tithes or Abbey-Lands disposed of by Acts of Parliament if he honestly purchas'd them of the Crown But 't is Robbery at least in heart for thee poor Vicar thus to covet thy Neighbours Goods thy Neighbours great Tithes that never never no not in the days of Popery never were thine nor thy Predecessors but belong'd to the said Abbots and Nun's from whom by the Law of the Land they as being got by a Cheat Escheated to the King and never were God's Propriety or Gods Purchase for if this could be prov'd All the Kings and Parliaments in the World cannot take them away and Alienate them But fair and softly Though the said Whores Extortioners Usurers and Murderers c. being deluded and Cheated with an Imaginary Purgatory and Paradise over the Gates whereof the Pope writes in Capital Letters This House is to be Let Enquire of St. Peter's Successor for the Key The silly Purchasers like those of old that bartred their Silver-Spoons Bodkins and Tankards for the Publique-Faith were Fob'd of their Moneys Goods and Lands Nay Deat 23.18 though the Moneys and Lands be tendred to God and by deed of Gift fairly engros'd Sealed and deliver'd in the presence of Witnesses and super altare too as Bishop Andrews notably observes who can prove that God Accepts this Tender and strikes up the Bargain because there ought to go always two Words to a bargain namely as both buyer and seller can agree And when and where did God say that he Accepted these cheating Purchases these fruits of Sin for Deodates Nay I know that God has said to the contrary that he will not accept of any such Gift Offering Bargain or Sale in Deut. 23.18 Thou shalt not bring the Hire of a Whore or the Price of a Dogg into the House of the Lord thy God for any vow for even both these are an abomination unto the Lord thy God It was Politickly done tho' to fence in the Abbey-Lands with a Jure Divino and yet even in the days of Popery The noyse the wyly Priests made eccho'd by the silly Priests Sacriledge Sacriledge did not Affright our Kings and Parliaments from making many Statutes of Mortmayn to stop the Current of this Cheating Deluge of Charity to the Church almost ready to drown the Common-wealth And yet like Pharaoh's Lean-kine the greedy-Priests that had Eat up the Fat of the Land look'd as Hungry and Sharp as if they had really kept and observ'd their Vow of Poverty and yet were the richest Cormorants in the Land which Vow notwithstanding some think they kept as well as their Vow of Chastity And yet they were the Archest Fellows in nature at a Wench Insomuch as one of their own Popes and the Learnedest of them all Aeneas Sylvius used to say that Marriage of Priests had Ruin'd many But a Single Life had Damn'd many more For which Causes amongst other the King and Parliament made those Nunneries those Abbey-Lands a just forfeiture to the Crown And though the said old Charm Jure Divino and Sacriledge Sacriledge have lost their wonted vigour as being now disoover'd to be meer Stalking-Horses under whose shaddow crafty Men catch their Prey yet still it is in use amongst us Protestants on many such Accounts And does feats still amongst the simple and unwary Nay some of the Learned whether affectedly and colourably only or no or that Interest the great Sollicitor and best Advocate but the worst Judge bribes their Judgments I cannot tell but sure I am many of them seem to pin their Faith upon it Thus a Learned Bishop of our own in his Book of the Collection of the Canons A.S. Bishop o Norwich quotes another Learned Bishop deceased In his Title-Page concerning the form of Consecration of a Church or Chappel c. In these very words namely Bishop Andrews Notes upon the Liturgy It is not to be forgotten though It be forgotten that whoever gave any Lands or Endowments to the Service of God gave it in a formal Writing as now-adays betwixt Man and Man Sealed and Witnessed and the Tender of the Gift was super altare by the Donor on his Knees And why And why why a Deed in Writing Sealed and Witnessed and Delivered And why had not God the keeping of it then So he had as near as they could come to him super altare where they suppos'd he stood Metamorphos'd from a Wafer and Transubst antiated Inclosed also in the Pix Or else I guess the Bargain and Sale had been as effectual to all Intents and Purposes though the said formal Writing had been Seal'd and deliver'd in the Belfrey the Body of the Church or in the Church-Yard or Moot-Hall But why I wonder is not all this Ceremony to be forgotten now that the days of Transubstantiation are at an End with English Bishops And why must this formal Story be filed up amongst the Memorandums of those odd Reliques and Canons And together also with the form of Consecrating a Church or Chappel and of the place of
Parliament in these words Noverint universi Quòd Dominus H. Rex Angliae illustris Anno. 37. H. 3. R. Comes Norff. Marescallus Anglin H. comes Hereford Essex I comes de Warewico Petrus de Sabbaudia Caeterique Magnaces Anglia consenserunt in sentiam Excommunicationis generaliter latam apud Westm Tertio decimo die Muii Anno Regni Regis Pradicte in hàc formà scilices Quod vinculo Praefacae sententiae ligenter omnes venientes contra libertates contentas in chartis communium libertatum Angliae de Foresta c. Dominus Rex praedicti Magnates omnes Communitas Populi protestantur publitè c. by Communitus Populi there I understand the Honse of Commons though it had not the form in those days which now it puts on and decently wears By which it appears that the King and his Lay-people would not trust the Clergy in those days with making Sentences of excommunication nor with declaring causes of Excommunication much less without the Privity of King and Parliament as some have presumed But matchless is the Malice of those men that are angry with all Lay-men that dare be so bold as to see their own way with their own and not with Clergy eyes and Prospectives The Conclusion THus have I stared these Quaries so needful to be discuss'd And prov'd That all Ecclesiastical Jurisdiction like all other Jurisdictions must be deriv'd from the King or the Pope To assert the latter Incurs a Praemunire or to pretend any old ordinary Jurisdiction originally granted them from the Pope in their first creation and his Majesty has oblig'd himself never to Empower them by Commission any more By the Statutes of Hen. 8. all those ordinary Jurisdictions Ecclesiastical were cut off and they left without any in Queen Maries time as the Synod did confess as aforesaid But in King Edward's time their Ecclesiastical Proceedings were revived but with condition that all Citations Processes c. should be in the Name of the King the Head of the Church as in Original and Judicial Writs at the Common Law He being also Head of the State And in due acknowledgment also of this Supremacy The Seals of their Spiritual-Courts should have engraven in them The Kings Arms. Great very great Reason there is and there was for such a Statute as that 1 Edw. 6. But oh this Hierarchy this Power how sweet could the Bishops ever be brought to this I 'le warrant some of them would keep no Courts at all first but who cares For cui bono cui fini should be the question every man puts in all his affairs so here cui bono cui fini what are the Spiritual Courts good for at this day as they are managed I protest I cannot tell and yet no man in England has more reason to know their virtue than I nor scarce any has had more experience of them and in them and still as I said before I have an Ecclesiastical Jurisdiction of mine own For except a little money I should say a great deal of money ungedly money wickedly got by the Extortions of Registers I 'le prove what I say and shamefully against Law and money money from the poor Clergy the Inferiour Clergy and silly Churchwardens against the Common-Law Statute-Law Canon-Law Civil-Law Equity Conscience Reason and Humane Compassion all condemning this unnatural and Unkind Rapaeity Except these be good things I know not what they are good for not by what Authority they dare send out Citations without the King's Name Title and Seal against the King's Liege-People or how a Writ de Excummunicato Capiendo can legally be awarded the ground whereof being a Significavii under Seal a legal Seal unless the Kings Arms be engraven in the Seal of the Significavit and the Process on which it is founded also run in the King's Name c. Tell not me for I know it That the opinion of the Judges was ask't about this as in the said Proclamation But when was it It was when the High-Commission-Courts were in being no man durst speak any thing in these days against their Placet's It would be his ruine if he did But now since that Branch of 1 Eliz. 1. is repealed I for my part know not by what Authority we do these things And I write this as much for my own satisfaction and more than for any man 's else And that too in a discourse here such as it is neither Polite nor neatly dres't I have neither Will nor Leisure to write it over again and sleek it and polish it and make it Fine 't is now most natural most like my self plain and blunt not curious nor affected like my Garb not Rich and yet I hope not Slovenly For I am one of those that love my Pleasure and Humour so much as not to take over-much pains to please or displease any man alive However what Prudent Man would barter his Ease to purchase in Exchange the Reputation of a Writer not worth one farthing in this Scribling-Age For New Books are like New-Plays wherewith the Poets and Actors can scarce please One in Ten And though the Fops get there all the little Wit they have yet they will rail and disparage them but cannot notwithstanding for bear seeing them for their hearts I write as I speak right on and the Naked Truth and Home Truths purposely neglecting the wily circumspection of Flatterers and Dislemblers Fellows of no Soul And as I have writ this off-hand and what came next to hand and occur'd at present without pumping yet has not one word here slipt my Pen without its due weight and consiration nothing is here presented Crude and Immature but well-digested as a few of those things that my Head and Heart have long been full of though a late Occasion now gives them Birth no Abortion I hope For I am well assur'd that I have not only given Birth here to my own Conceptions but to the Conceptions also of almost the whole Nation whose Judgments are not blinden and brib'd by Interest And these last shall Be mine Enemies and they only But I hope also Psal 62.3 they shall be like a bowing Wall and a tottering Fence whilst I say and Pray the whose Psalm 62. I have no picque against any man in Particular no private Interest nor Revenge to gratifie but wish for my own private-Interest as well as for the publique-Weal That Ecclesiastical Jurisdiction were of force strength and vertue and not thus uncertain disorderly and precarious I have I confess in this Search and Inquiry Anatomiz'd and rip 't up to the Bottom some Secret parts yet I have also at the same time cast a vail over their Nakedness and hid their shame what I could I mean And in these Gentle Dissections if some think that I have gone too deep Let them consider that Old Vlcers and Fistula's are incurable except we search to the Bottom but in doing this also I hope I have retain'd the Property of a good Chirurgeon namely a Ladies Hand as well as a Lyons Heart And is there any but Babies and Boobies that will be frighted out of their Wits with a Scare-Crow or Magotte-Pye FINIS I Hereby allow and authorize Francis Smith Bookseller to Print my Book Entituled The Naked Truth the Second Part. Colchester November 2d 1680 Edmund Hiceringill