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A43638 The test or tryal of the goodness & value of spiritual-courts in two queries: I. Whether the statute of I Edw. 6.2. be in force (against them) at this day, obliging them to summon and cite the Kings subjects (not in their own names and styles, as now they do, but) in the name and stile of the Kings Majesty (as in the Kings Courts Temporal) and under the seal of the Kings arms? II. Whether any of the cannon-law, or how much of the cannon-law is (at this day) the law of England, in Courts Christian? Highly necessary to be perused by all those that have been, or may be cited to appear at Doctors Commons. By Edm. Hickeringill. Hickeringill, Edmund, 1631-1708. 1683 (1683) Wing H1829; ESTC R216804 57,574 47

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no very seasonable time for a Judge to declare a Statute to be null and void that never any Judge as yet did upon the Bench take upon him to do since 1 Jacobi reviv'd it by Repealing its Repealer 1 Mar. 2. And truly whilst Ecclesiastical-Courts did little else but prove Wills and now and then get a few crack't Groats from a poor fearful Church-Warden rather than contend with them and some such little business most men past them by through contempt As not daigning to trouble themselves with medling with them though in that little they did They opprest and still do oppress His Majesties Subjects most impudently by extorting excessive Fees in despight and defyance of the Statutes to the cont●●y Impudent Registers But there is this to be said for them by way of Apology That when they give some hundreds of Pounds for the Sell-Souls-place they must make their money of Sins and Souls which yet is contrary to their own Canons I profess I have many times long together been puzling my self by studying what those Ecclesiastical-Fellows in their Ecclesiastical-Courts are good for or what one good thing they do every Creature of God is good for something but now I think on 't they do not pretend to be purely of Gods making there 's nothing in holy Scripture that is alike to their Constitution nor by what has been here said will any man that I know venture to say they are purely of the King 's making Legally if they live in defyance of the Kings Laws and refuse to use the Kings Name Style and Seal in their Processes Ecclesiastical enjoyned by the Statute I have been in Popish Countreys and there I have seen a Crew in many things like them But God knows we Protestants do unanimously declare against Implicite Faith and yet the Ecclesiastical Jurisdiction from the first Citation to the end namely to Excommunication and the Jayl is much carryed on by Implicite Faith For the Judges believe the Bishops Significavit and Arch-bishops Signifieavits whilst they good men signify a man Excommunicated and yet never heard one word of the merit of the cause but the Judges believes the Bishops Significavit and the Bishop believes the Registers Certificavit which unavoidable comes if you do not stop the Registers hand with money to his content Oh sad estate of Christianity Christianity God bless the King and Parliament when it sits I mean and by all Tokens it is probable that they 'l soon resolve these Riddles and also not admit palpable Symony and Hypocrisy to Provoke Gods Wrath and Judgments upon the Nation by making holy Ordinances and Ordinations vendible and Gospel-Keys of binding and loosing once another Gift of God a money-business or Political Engine to take away men's Franchises and Votes when there is no other way to deprive them thereof I cannot think that Christ entrusted Anathemas to his Disciples to play them so frankly at a bold Rate fast loose He that eats drinks unworthily that is to a Politick Carnal End eats and drinks his own Damnation and he that opens and shuts Heaven and Hell-Gates binding and loosing using the Holy-Keys unworthily that is for low politick Carnal-Ends uses them to his own Damnation God will not be mocked CHAP. VI. I Doubt not but all that Read this must say that in this Tract I have done their business already to all intents and purposes A Law may sleep a Statute may lie Dormant as did the Act of Vniformity whilst the King's Act of Indulgence according to his Royal Word and Promise from Breda facilitating his Return did last but though Laws may be husht and lull'd asleep awhile nay a long time yet if they be not quite dead woe be to him that tramples on them for the Laws of England are so sacred that it has been observ'd they have been too hard for any man at long run that durst oppose them withstand them or stand in their way the Laws are called the Subjects best Inheritance I remember part of Sir Harbottle Grimston's speech in Parliament Anno 1640. concerning Spiritual-Courts was to take notice of an Insolence of theirs much alike to what has been heard of in other cases namely under a Religious Pretext to meddle with mens Franchyses Charters and Priviledges as English-men for says that Loyal Gentleman and true Englishman speaking of the Lambeth Canons of 40. and the Synod then there ` That the Synod called together upon pretence of Religion took upon them `the boldness out of Parliament to grant Subsidies and meddle with men's Free Holds Oh! How dishonourable is it to any Religion to palliate so much venome as under a notion of a Gospel Ordinance of Excommunication or the like to design to make men uncapable of a Vote or Freedoms Franchises and Charters especially if they seem to be affraid of nothing so much as that some should conform and consequently be capable of as many Priviledges as the Debauchee or prophane Libertine Christianity do you call it more like Ely's Sons or Simon-Magus Oh God! may not such well dread thy Vengeance Christianity do you call it The wisest of all the ten Persecuting Emperours was Dioclesian whose Conscience so tormented his Breast for Persecuting the Christians that he threw the Diadem from his hated head and hid it in a Garden in the obscurest Py-corner of the World But the Horrour of Nero's Visage is by Suetonius rendred so tremendous to behold after he vented his Cruelty upon the Christians that it would make a mans Hair stand on end to view him extantibus vigentibusque oculis usque ad horrorem visentium with ghastly Looks and frightful Eyes strikeing Horrour in all that saw him such was the Fate of this Persecuting Atheist Religionem usque quaque Aspernator as Suetonius calls him a Contemner of every thing that lookt like Religion And such are the brood of Simon Magus that make use of Religion which is intended for the Salvation of mens Souls only to the destruction of their Bodies and Estates Simon quoth he no Simon Magus was not thus Impudent he did his business indeed namely the money business and to be ador'd and Reverenc't forsooth But he did it by juggle and sleight of hand but the Son 's of Eli and Symonists like Ghosts long enur'd to walk appeared at Noon-day did take purses before mens faces Swagger Curse Anathematize Damn bluster In good time they were charm'd down In Nomine Domini Amen If ever you were in Spain or Portugal as I have been tell me what Monkey or Baboon is more contemtible than a sneaking perjur'd Hypocritical Ecclesiastical Property of State What more Ridicule then a fawning Spiritual Sycophant in Antick-Dress cringing with his Pin-Buttocks and hallow-smiles upon a Whore Atheist or Renegade that do but scoff at his ghastly Habilements of uncouth Guize and Shape Portentous and Prodigious Risum teneat is Amic● could ye have held from Laughing at the Holy Mymick