Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	ecclesiastical_a	judge_n	1,591	5	7.2679	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49678	The late famous tryal of Mr. Hickeringill, rector of the rectory of All-Saints in Colchester, and author of The naked truth, the second part with an information exhibited against him for barretry, in XXIV articles : to make good the charge against him at the suit of the King, as in course, but really, prosecuted by one Maltcher, and one Morris, a proctor in the spriritual courts : at the assizes in Nisi Prius held at Chelmsford, March 3, 1680 before Mr. Baron Weston : where and when he was accused, amongst other things, for writing the said book called The naked truth, the second part.	Hickeringill, Edmund, 1631-1708, defendant.	1681 (1681)	Wing L547; ESTC R9853	15,421	21

'till now in the County aforesaid and in the Town aforesaid and in other places in the said County the said Strifes Differences Contentions Brawlings Sults and Quarrellings amongst his said Neighbours and other the Leige Subjects of our said Lord the King hath often moved excited and stirred up to the great Disturbance Ruine Impoverishing and Dammage not only of his said Neighbours but also of the said Leige People and Subjects of our said Lord the King to the pernicious and evil Example of Delinquents in the like Case also against the Form of the Statutes in that Case made and provided and in Contempt of our said Soveraign Lord the King his Crown and Dignity c. But the said Counsel mumbling all this between his Teeth The Judg spoke to him in these Words viz. Mr. Smith You open the Cause well enough to my Understanding but you must speak out that the Jury may hear you and then he began again as well as he could and proceeded a little But Sir George Jeffreys presently took up the Argument and began to open it and expatiate upon it after his loud manner of declaiming and told a long Story of the heinousness of the Crime of Barretry so odious to the Law so inconsistent with the Peace of the Neighbourhood so unwarrantable in all Men more insufferable in a Minister of the Gospel of Peace such was the Defendant and the Crimes he was guilty of were great and many And quoth he if my Breviate do not fail me I will now expose before you the greatest Barreter that ever was heard off he has by extortion taken five Pounds and eight Shillings when but ten Shillings was Due in the Parish of St. Buttolph's in Colchester as Fees of his own Court as Surrogate under the Bishop in Colchester where note by the way the Modesty of the Man for of that 5 l. 8 s. instead of 10 s. the Defendant never had one Farthing nor any Body for him nor was one Farthing paid or demanded nor ever any such Cause brought before Mr. Hickeringill as Judg of the Ecclesiastical Court but the Cause was brought in the Bishop's Consistory-Court at London for very good cause nor durst Sir George Jeffreys ever all the whole Tryal or any other of the Counsel call it to Proof and to the Test but it served him to baul withal and to make a noise against the Defendant Then Sir George Jeffreys went on and told them of many other Crimes that the Defendant was Guilty of before any one Witness was call'd to prove any of the Crimes making a long and loud Harangue in which the Defendant interrupted him Saying Sir George Sir George Prosecute me in your Place with all the Vehemence and Passion that you are full of spare me not I neither require nor need your Favour but you have no Authority by vertue of your Fee to defame me with Stories and Untruths of your own devising prove something upon me To which Sir George reply'd with enraged Eyes staring with Passion What have you to do to interrupt me To which Mr. Hickeringill reply'd I will interrupt you when you transgress the bounds of Truth and Modesty you have no Authority nor can any Body give you Authority to abuse me Whereupon the Judg candidly reply'd in these Words Brother Brother when you touch a Man's Reputation you touch him in a tender Part I cannot blame a Man for being sensible of it prove something upon him and leave off your declaiming or Words to the like Effect Go on to your Proofs open no more than you can prove Note by the way That the Judg had with much ado given the Defendant leave to plead his own Cause and make his own Defence The Defendant alledging that he had not time to instruct his Counsel and tho he mov'd in the beginning of the last Term by Mr. Sampson Ward at the King's-Bench-Bar that the Judges there would be pleased to let the Defendant know the Particulars and Heads of the said Articles yet the Justices of the King's-Bench would not allow him more than one Fort-night before the Assizes to know the particular Crimes of which he was accused and to which he might prepare a Defence I know not for what Reasons but longer time would not be granted him and that time had been spent in preparing and bringing 20 Witnesses and in discharging his publick Duty as a Minister of the Gospel in his Rectory in Colchester which he neither did nor would neglect for any private Concern of his own And the Defendant alleged that the Articles against him were many and large and all the Actions of his Life good and bad for 15 Years last past rip'd up to make him appear a Common-Barreter and that the Breviate which the Defendant held then in his Hand was rather a Volumn than a Breviate and that since he had no Counsel that his Lordship would though it be great disadvantage for any Man to plead his own Cause and much more the Defendant that had no Skill no Practice no Ability in Pleading another Man's Cause yet that his Lordship would with Patience hear him make his own Defence our Law condemning no Man before it hear him and the Defendant alledging that it was his Birth-right to have his Lordship's Patience and an indifferent Hearing in making his own Defence To which his Lordship passionately reply'd in these very Words Your Birth-right Your Birth-right this I meet every where amongst these Men they tell me of their Birth-right their Birth-right and that they are Free-born English-men Yes my Lord reply'd the Defendant I say again my Birth right and if your Lordship will not permit me your Patience to hear my Defence then go on and hear but of one Ear I 'le not speak one Word more if you will not hear me with Patience I need no other Favour I have Innocence enough to protect me against the Skill and Eloquence of all the Counsellors against me and to defeat them all You are very confident replyed his Lordship I will give you a fair Hearing and so he did ever after that a tollerable Hearing But saith his Lordship to stop his Mouth and to silence his Plea of Innocence prove upon him some Article that may be Evidence of the Information begin with something you can prove Whereupon the Counsel skip't over the first eight Articles for that time and began with the ninth Article Namely Article 9. For maintaining divers Suits in another's Name against one Sadler his Servants and Agents and Tenants To prove this they produced one Lawrence that told a blind Story of a Covenant and sometimes he called it a Bond that one William Sadler made to the Defendant but not able to make any thing of it at last they produced one Mr. Thomas Earl an Attorney in Colchester who swore that there were Horses Lands and Tenements in Horkesley Magnâ that were in the quiet possession of one William Sadler for ten or twelve

said Parish of St. Peter to whom the same were due 14. That the Defendant being Surrogate did refuse to grant Administration of the Goods of one Peter Fromanteel to his Brother John Fromanteel altho the said John did tender sufficient Securities according to the late Act for the due execution thereof but did grant Administration to one John Rayner and did encourage the said John Rayner to break open the House of the said John Fromanteel and incited and procured the said John Rayner to bring Actions against the said John Fromanteel and maintaining the same by reason whereof the said John Fromanteel was forced to desist prosecuting in his just Title any farther for obtaining the said Administration by reason of the great Charge 15. For stirring up divers Freemen of Colchester to remove Sir John Shaw out of the Office of Recordership without any just cause in making and causing Tumults and great Hubbubs in Colchester upon that account 16. For procuring of Mrs Quilter falsly to deny upon her Oath the Receipt of three pounds for Gravel 17. For causing the Wife of Mr. Sidey to be arrested being a Feme-Covert at the Suit of his Son an Infant and detained her in Custody for four days altho he knew she was a Feme-Cov●rt and her Husband living and altho she proffered an appearance for her self he the said Hickeringill having promised to save the Bayliff harmless for so doing the Bayliff being after arrested for detaining her and coming to Hickeringill he refused to save him harmless according as he had promised but bid him take his course for he was protected by three Lords 18. For bringing a vexations Action against Mr. Thompson Clerk upon the Statute of Non-residence without any just Cause in which Action he became non-suit or found for the Defendant 19. For the procuring a Person to personate the Church-warden in the Parish of Wix in the County of Essex and to join with him in the sale of the Bells belonging to the said Church 20. For threatning to ruine by suit of Law several Inhabitants of the Parish of Wix if they offered to set out their Tithes in kind and would not compound with him according to his own Rates thereby extorting great sums of Money from them 21. For taking upon him to give Counsel and Advice to People in Matters of Law and for taking of Fees as Tho. Shortland Daniel Howler and Widdow Lamb and other People on purpose to stir up contentious Suits and in order to carry on his Designs he hath told People he was a Barrester at Law standing in Gray's-Inn and could give as good Advice as any Counsel 22. For writing two Scandalous and Seditious Books entituled the Naked Truth and Gregory Gray-beard the Contents of which said Books are on purpose to stir up and animate his Majesty's Leige People to slight the Bishops and contemn the Government and cause Strife Contention and Sedition 23. That he knowing that Mr. Harris was Vicar of Fingrin●● in Essex and rightly entituled to the small Tithes and being also duly made Sequestrator of the profits to the Churches of St. Leonards and St. Buttolph's in Colchester Nevertheless he the said Hickeringill hath stirred up and forwarned several of the Parishioners of the said Parishes not to pay any of the Dues to the said Harris on purpose to stir up contentious Suits between the said Harris and his Parishioners and further promised the present Tenant in the Parsonage-House of the Parish of St. Leonards to save him harmless if he would not deliver the Possession to the said Harris altho the said Hickeringill hath no manner of Title or pretence of Title to the same 24. For vexatiously bringing and maintaining several Actions at Law against John Bridg and one James Sidey about certain Lands in Dedham in Essex Issue Not Guilty On Thursday the 3d of March 1680. in the Afternoon about two of the Clock the Tryal began and continued 'till after Candle-Lighting THe Jury return'd was a very Honourable One the like seldom or never seen on such an occasion which was the greatest Honour and Favour if not the only one in the whole Tryal and Proceeding granted to the Defendant Juries are the great Birth right and one of the greatest Priviledges except a Parliament belonging to an English-man what would become of us our Lives our Liberties our Properties our Honour our Reputations or Lively-hoods and Estates if Rage and Malice Passion and Prejudice when got into Power and upon the Bench might have its Will and bear an Arbitrary Sway Happy English-Men If they will stick to their Liberties and stand up for their Native-Rights that cost our fore-Fathers so much Blood to defend and transmit to us their Posterity And unhappy Sycophants and Slaves Wretches not worth a Name that would be Instrumental to defear us and make a mock of our Birth-Rights But the Truth is the Defendant was allowed the Benefit of Magna Charta he had not his Cause tryed by ordinary and common Jury-Men but as the Law requires by lawful Judgement of his Peers The Names of the Juror's return'd as follows Essex Com. Inter Dominum Rege● Edmundum Hickeringill Clericum 1. Richardus Everard de Waltham magnâ Miles Baronet 2. More●● Guyon de Cogg●shall magnâ Miles 3. Cuthbertus Martin de Nettelswell Armiger 4. Richardus Godbold de Borcham Ar. 5. Willielmus Maynard de Waltham-Stow Ar. 6. Johannes Marshal de Finchingfield Ar. 7. Willielmus Clapton de List●n Ar. 8. Johannes Tendring de Baddow magnâ Ar. 9. Henricus Pascall de eadem Ar. 10. Thomas Smith de Blackmore Ar. 11. Alexander Prescot de Mountnessing Ar. 12. Willielmus Peant de eadem Ar. 13. Richurdus How de Ingate-Stone Ar. 14. Thomas Reeve de West-Hamingfield Ar. 15. Henricus Humpbneys de eadem Gent. 16. Samuel Whitebread de Baddow magnâ Gen. 17. Willielmus Puckridge de Westham Gen. 18. Willielmus Wiseman de Pateswick Gen. 19. Johannes Everley de eadem Gen. 20. Andreas Prest●●y de eadem Gen. 21. Robertus Alderman de Daggenham Gen. 22. Johannes Nicolls de Danbury Gen. 23. Robertus Kerrington de Boreley Gen. Et 24. Thomas Turner de Fearing Gen. Eleven only of the Pannel appeared to which was added a Tales Which being Empannel'd and Sworn The Defendant Mr Hickeringill was call'd who appear'd in propriâ Personâ Then a Junior-Counsel began to open the Information saying I am of Counsel in this Cause for our Soveraign Lord the King in an Information of Barretry brought against the Defendant Edmund Hickeringill of the Town of Colchester in the County of Essex Clerk for being a common-Barreter and a dayly and common Disturber of the Peace of our Lord the King and also a Brawler a Fighter a Calumniator and an Oppressor of his Neighbours and a Sower of Strife and Contention amongst his quiet Neighbours and amongst the People of this Kingdom of England so that the said Edmund Hickeringill at the time of the Information brought and

Legitimo Thomae Shortland nuper de villâ Colcestriâ c. And dated August 7. Anno Dom. 1676. Nostraeque Translationis Anno 13. Here was an apparent and wilful Perjury in these Witnesses Evidence for the King and I believe the whole Court began to be asham'd of them but to make them more appall'd the Defendant produc'd a Record prov'd by Mr. George Catesby Town-Clerk of Sudbury where one of the Rogues called Thomas Martin was whipt for a Thief and the Defendant said That tho his Name was not Whipping-Tom yet he was Whipt-Tom But the Judg made some wonder at the said Record because the Clerk of the Court reading the same in English out of the Latin said That he was whipt from the Girdle downwards Downwards said the Judg sure that cannot be 'T is Deorsum said the Clerk That 's more than ever I knew quoth the Judg to whip a Man from the Girdle downwards at the Carts-Arse That 's the way to whip a Woman quoth Baron Weston but I never knew a Man order'd to be so whipt Nevertheless it past off with a Jest and the By-standers with much Edification learn'd from the Judges own Mouth the right way how and where to whip a Woman namely from the Girdle downwards the new Mode belike In short notwithstanding all this comical Discourse the Judg began to be in good earnest angry with the Learned Counsel that after all this loud noise in Court City and Country against the Defendant as a Common Barreter they should thus trifle and abuse his patience with which he is not over-loaded at length he told the Counsel that if they were thus bafled in all their Attempts they should not need to charge the Defendant as in the 21 th Article that he could give as good Advice as any Counsel for at this rate it would prove true the Defendant would baffle them all Whereupon the Learned Counsel laid their Heads together and resolv'd to go backward and try what work they could make with the second and seventh Articles together but here they had worse luck than before producing two Witnesses one Widow Blois and one Rolf her Son-in-Law two more infamous Witnesses than the former for such shameful and abominable uncleanness betwixt them committed was proved against them then and there in open Court that it would offend any modest Ear to repeat the same Besides The Woman Elizabeth Blois swore such damnable Untruth's too as that the Land the Defendant bought of her for which she had but 210 l. did rent for 40 l. per Annum and now for 30 l. and that she could not tell whether Mr. Hickeringill gave her the last Will of Thomas Andrews in open Court And yet she has sworn in the Prerogative-Court at London that the Defendant did give her the said Will in open Court the same is also in the same Court sworn by the said wicked Rolf her Son-in-Law and he also swore the same at this Tryal against her false Testimony and so did her own Sister also Mary Couch testify the same Besides it is as true as that there is a Sun in the Firmament that Mr. Hickeringill never had nor has any more Land or Houses bought of her in Thorp nor in any other place in the World bought of her than 10 l. per Annum and yet she swore 30 l. per Annum which all the Countrey knows to be false and yet Sir Francis Withins kept a little hussing with it as if Mr. Hickeringill bought such a Penny-worth and yet Mr. Hickeringill proffer'd in Court to lose 20 l. by the Bargain he made with her and I am sure he will yet willingly lose 40 l. to any Man that will buy it again of him Tho he I am sure has no need to sell for at this Day all the Men in the whole World cannot demand 5 l. of him as justly due to them or any of them from him to my certain Knowledg Therefore what need has he of a Protection from three Lords as in Article 17 th objected against him that is no more indebted than a Lord Yet the Judg willing to reprove Mr. Hickeringill for something if he could have told what at last told him that there was cause enough for the Bishop to deprive him of his Benefice for medling with Law Matters so much and in Temporal Affairs and perhaps if the Judg had the keeping of his Spiritualship Mr. Hickeringill should neither be so Rich nor so Fat and Corpulent as he is Kind Man How soon and how ready was he to shoot his Bolt at the Defendant if he could have told how and for which he was not unattentive to improve any thing against him to render him an ill Man since he could not make a common Barreter of him But alas the Defendant only smil'd all the while to see them tugg and labour in vain and pitying the Judg when he saw him in a fret and most especially when he talk'd of the Bishop's depriving a Minister for dealing in Temporal Affairs when the Bishop himself being a Parliament-Man and a Privy-Councellor is forc'd above any other Priest in the Diocess to deal in Temporal Affairs Besides That Man talks without-Book and against Law and Magna Charta that dare avouch that any Man can deprive another of his Freehold in this Kingdom but by Judgment of twelve Men of his Equals The Bishop can deprive no Minister in the Diocess but by the Law of the Land namely by the Judgment and Verdict of twelve Men of his Equals other Doctrines are dangerous and destructive And so much the more when spoken by one that should tell the Law in Truth and not in Sycophantry no Man is too great to be good and subject to the Laws The Counsel in brief made some little Assay with the 17 th 18 th and 24 th Articles which proving more unsuccessful than the former and worse and worse the Learned Counsel in as great Rage and Indignation as Despair without the least mention of the Naked Truth in the 22 th Article or offering at any other Article furiously threw away their Breviate's at the Teeth of the Prosecuter that Proctor Morris then in Court and as much dismay'd as the Learned Counsel were enraged and ashamed The Thunder ceased the Judg himself could not forbear reproving that loud speaking Man Sir George Jeffreys that kept such a blunder at first in his noisy-way of defaming and huffing Men that have not the luck first to retain his Tongue with which he kept such a splutter at the beginning of the Tryal but by this time he was become as Patient as any Ram and though he did at first classicum canere ante Triumphum wind his Horn before the Victory yet by this time he begun to be almost as tame as he was at Kingston the last Assizes before the same Judg Weston who gave him such smart Repartees and royl'd his Welsh-Blood that for very madness he sat down and Wept Good Man His Courage being so cool'd that his boyling Blood turn'd to Phlegm and Water in such abundance his Body could not contain the same but it found vent and run out at the Rivulets of his Eyes And the sadder he was and heavy the more Jocund was the by-standing Counsel who could not forbear to laugh when he cryed poor Man And the more he Cryed the more they Laugh'd hard hearted that they were In fine the Judg very calmly too upbraiding some of the Counsel with Folly and the Witnesses with Impertinency told the Jury that they must find for the Defendant which they did after a little a very little Pause without stirring from the Bar. Magna est Veritas praevalebit Truth is always strongest at long-run and will at length prevail The Conclusion IT is not easy to determine whether Machiavel was more wise or more wicked more subtle or more malicious more full of policy or more full of evil Craft in that Maxim of his Calumniare fortiter aliquid adhaerebit cast dirt enough and some of it will stick However if it be wip'd off it costs trouble and vexation to do it and how causless soever it is not easy to wipe away the Dirt so clean but that the censuring World will imagine some stains left to blemish the greatest Beauty In this same Tryal against Mr. Hickeringill 't is evident that his Adversaries have been right Machiavellians and have copyed after their great Master of Politicks to the life in a loud loud Cry against the unstained Innocency of the Defendants Life and Conversation Many Men many great Men I had almost said great Church-men had a hand in the Work Lucr. Soepius olim Religio peperit scelerosa atque Impia facta Religious Men though sometimes good Were oft of old a cursed Brood There was a Law amongst the Romans that no Virgin should be executed whereupon when the Daughter of Sejanus was condemn'd to die the Hangman first deflowred her and then beheaded her Thus just thus do the wicked World with Men's Virgin Innocency they cannot pass upon it 't is against Law 'till they have first defiled it with Lies and Slanders Thus have they dealt with Mr. Hickeringill in the whole Process first They array him in their own slanderous Bearskins then and set on their Dogs upon him not only to bark and bawll grin and show their Teeth at him but they would have bit him too But he that sitteth in the Heavens shall laugh them to scorn the Lord hath had them in derision no Weapon that they have formed against him did prosper and every Tongue that has stood against him in Judgment is condemned Let his Enemies hereafter learn to say with the wicked Prophet Balaam How shall I curse whom God hath not cursed And how shall I defie whom the Lord hath not defied FINIS