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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	king_n	parliament_n	2,759	5	6.7580	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

Persecution are all short liv'd But I am sure some Ecclesiastical-men have not so much as the Letter of the Law to justify their Sell-Soul-Trade Oppressions Illegal Fees Vexations Symony and Extortions wherein they are far less justifyable than vile Bonner Oh! Does our Bibles teach us Symony or to take money for the Gifts of God that are not to be sold nor purchased with money Does Christ or his Apostles teach us to exercise Dominion like the Princes of the Gentiles and to Lord it over Gods Heritage Simon Magus attempted it but to cheapen and ask the Price of the Gift of God but did not actually sell it However we do not read that he intended to be twice paid But it is contrary to our Canonical-Oath and your own Canons to take or give money for Letters of Orders Sacraments Institutions B●ptings Marriages Burials c. and contrary to our Oath against Symony or selling or purchating Gods Gifts How are we 〈◊〉 What Oath have we sworn to keep There is yet one even most thumping Objection behind and unanswered which the Lord Coke seems to lay the greatest Stress upon and did most prevail with the Lord chief-Baron and others to get it hush't down and laid after the ●wo Lord Chief-Jus●●●●● could not deny but it begun to be reviv'd and walk again since 1 Jacobi To the great T●●rour of the ruling Priests Commissaries Officials Jaylors Registers and Summers for 〈◊〉 Trade seem'd to begin to fail but for one main Argument or Cord that seem'd to bind it down again viz. Object It would be great Scandal to the Kings Justice yea verily if there had been no Legal Priests and Bishops made for three long years together with other Inconveniences to boot if the Statute of 1 Edw. 6. 2. should be in force and therefore it must not it shall not it cannot be in force Answ This Objection is like the Rancounter of a ●●ayl there is no ward they think no fence against it and it is really so if the Law of England be Club-Law Object Was it a Scandal to have no Legal Bishops nor Legal Priests constituted for three long years how great then would the Scandal be for 70 long years say they Answ But My friends a Consumption or Gangrene is never the better but the worse more Inveterate more noysome more Dangerous and more difficulty cured by Continuance Did ever any man plead for the Expediency of an Vlcer because it was an old sore Is not the Continuance thereof the ready way to bring it to a Gangrene to the hazard of mortifying the part and threatning most formidably the Hazard of the Vitals and noble parts Never did Illegality or a Disease plead Seniority rationally for its Justification Is it a Scandal and attended with great Inconveniencies 'T is granted and it is too true What then What is to be done with it that is the next question and most necessary to be decided Is it a Scandal the more need there is of a speedy Removal of the Scandal such an old Scandal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Scandalum is a Greek word and it properly signifies a Threshold or stumbling block and Metaphorically all things that offend or lye in our way are called Scandals Now what shall we do with his block or Threshold or Scandal The Answer is most Easy Lay the block or the Threshold at the right Door whereto it belongs and appertains CHAP. IX DOes the Revival of this Statute put us again into the true Protestant dress does it take away the Conge Deslires and Elections thereupon which 1 Edw. 6. 2. says are in very deed no Elections but meer Colours Shadows and Pretences of Elections serving nevertheless to no Purpose and seeming also Derogatory and Prejudicial to the Kings Prerogative Royal c. Is the Kings Supremacy and Authority Ecclesiastical best asserted and avowed by his Name Stile and Armes in all Writs Original or Judicial in ecclesiastical-Ecclesiastical-Courts as well as they are in temporal-Temporal-Courts Then why should not Prelats and their Ecclesiastical Courts conform themselves and be as tender of the Kings Prerogative Supremacy and Authority in Ecclesiastical as well as Temporal Causes and Courts if they have not some Secret Reserve in the hollow of their Breasts why should they not be for the King as well in things that thwart as well as in things that make for their Interest if they be so Loyal in things that serve their own turnes Interest Power Grandeur and Dominion Is it a Scandal Remove it lay it at the doors it properly belongs unto If they be not Legally Constituted what then why then let them be Legally Constituted and if there be the more Vacancyes there will be the more first-fruits and Fees for Letters Patents They may the better afford it if they have had such stately Revenues so long illegally And what harm of all this Oh! say some A very great harm this would be a Confession of Guilt and a Confession of Sin and errour an old Sin an old Errour What then This is the first time that ever I heard that Confession of Sin was a Crime Oh but it argues such an Vniverssal Error why whoever said the Prelats are insallible in Spirituals much less Temporals we read of great Mischiess that have enshed by their buzzing at C●●●●ong agoe and busying themselves with Politicks It had been much better for them 〈◊〉 for Princes too that Bishops had kept themselves to their Bibles And neither 〈◊〉 the World would have been so plagu'd with their Heats which like fire out of the Hearth 〈◊〉 has sometimes Consumed then Warmed having done Mischief unspeakable but what good 〈◊〉 this only my own Observation I learnt it from no worse man than a Bishop nay an 〈…〉 I mean Matt. Parker Arch-bishop of Canterbury in good Queen Elizabeths days who in his 〈◊〉 Intitled Autiquitates Britannicae speaking of the times of K. R. 1 and the Pranks of Hubere 〈◊〉 Arch-bishop of Canterbury has these words Neque enim si verum Judicarc Volumus in Republica Christiana quicquam sani atque Integri Saculum illud tulit Fictaque et Adusnbrata Religionis specie Proposita totus Clerus in Sceleribus Muneribus honoribus et Rapinis Neglecto penitus Verbo impune Volutabat Hujus mali Origo ab hoc Prosluxit quod contra Orthodoxorum Patrum Decreta Clerus Nimium Mundanis se Negotiis Immiscuit Nor was there if we will Judge aright in that Age anything left sound or as it ought to be in the Christian Common-wealth for the whole Clergy under a feigned and outside form of Religion did with Impunity Wallow like Swine in Wickedness Briberies Honours and R●pines altogether neglecting the Word of God The Original of all which Mischiefs was this becauss the Clergy contrary to the Decrees of the Orthodox Fathers would needs be thrusting themselves into and intermedling with Worldly Affairs Then he goes on to shew a fearful Example of Gods Vengeance upon one of

and ride forty or fifty miles from their Houses their Trades and their Families upon the Summons of a Commissary in his own name which is none of the best names neither sometimes however some names abstracted from the quality of some that may happen to wear them may by accident become Scandalous and Odious Ravilliack Murther'd His Majesties great Grandfather Hen. 4. the French-King And in detestation or that villanous treacherous King-killing Fact the Loyalty Wisdom Justice and Piety of France enacted that the House wherein the Villian was born should be made a Dunghil never to be rebuilt but as ●ocursed ground layd waste his Father and Mother for ever banisht and all of the name of Ravilliack to change that King-killing name for some other and a better So sacred are the persons of Kings that they are not to be toucht in bloody earnest without an eternal stigmatize and brand set upon the Prophane A tempt to all Posterity Nay Jolm Scotus lost himself because he would not loose his Jest when the French King sitting on the one side of the Table and Du●● Scotus on the other the King askt him merrily what was the difference between a Scot and a So● Scotus bluntly answered The Table If it be dangerous to play at ●●yles with Princes 't is eternally mortal to play at Sharp's And therefore I wish with all my heart too that His Majesties Royal Ancestor the stout King Richard the second had not been basely cowardly and treacherously Murther'd with a Back-stroke by an Exton And if it had been in France I doubt not but the Loyalty Piety and Prudence of the French-men would have exterminated not all the men that were called Exton But in horrour and detestation of King-killing namely they would have so abbominated that King-killing name as they did Rabilliacks that they would have oblitterated it to all Posterity and have made all the Exton● in the Kingdom change that King-killing Name for a better that the loathed-name might like a hateful S●uff be put out and extinct to all Posterity But if in contempt of that Royal Statute of 1 Edw. 6. 2. and in defyance of the reason of that Statute The Kings Subjects should happen to be cited in any such untoward King-killing name and then be prosecuted till they have satisfied and paid the onsequence cannot but be the more ungrateful for that once deservedly odious name especially since the 1 Edw. 6. 2 commands all Processes Ecclesiastical to be all the reason in the World in the Kinge name the Ecclesiastical-Head as well as the Temporal-Head And if the Prelates and Ecclesiastical-men should not as industriously endeavour all manner of Legal wayes to advance and a●●w the Kings Prerogative Royal as much as Lay-men then they are very ungrateful and ill deserve the Bounty so Gracious a King has confer'd so liberally upon them If this Statute has been long I know not by what Arts and yet I do tooknow in part why it has be●n husht asleep and Scandal and Inconveniences may ensue by its awakened vertue and force the mo●re shame for them that have been the true causes and Authors of so grand a Scandal and Inconveniences lay the Scandal at the right door Scandals and Offences will co●e says our Saviour but wo be to them by whom they come Now is there any Scandal or Inconveniences so great but the King and Parliament can readily avoid them or compound them and remedy them CHAP. XII YEt can I not deny but that all Parliaments since the Reformation have been so Jealous of the Exor●itant Power of Church-men finding by woful Experience in the late High-Commission-Court granted by 1. Eliz. 1. what Ruefull Work was made that they fetcht it down with as much Celerity as they could and by the same Statute that repealed it have branded it to Posterity saving 17 Car. 1. 11 That it ●e●ded to the great wrong mark that and Oppression of the Kings Subjects c. And though some men never had greater Hopes of Regaining that unhappy Power or some-what alike it then by the long Parliament fais● called The Pentioner● Parliament for though there might be Judasses amongst them yet as to the Major part of them never were there Wiser nor Truer English-men All that they could gain by 13 Car. 2. 12. was onely to place their Ecclesiastical Courts in Statu quo just as they were in 1639. without the Addition of any new power or any new Confirmation of them but left their foundation as Tottering as they found it before the troubles commen●'t And truly they were with the frustration so dejected that no People were more scorned and neglected and Indicted for their Extortions and Oppressions And yet for many years the Registers with a little Cypher at his Elbow or over his head called a Surrogate scrap't up a poor untoward living sometimes catching what they could with as Little Noise as they could But now with Contrary Politicks how wisely let them look to it they have grown so busy with the Kings Subjects torturing their Souls Purses Liberties and Estates by their Citations in their own names Certificavits and Significavits in their own Names which ought by the 1 Edw. 6. 2. to have been under the Seal and in the Name of the Kings-Majesty and then upon such Significavits not sealed with the Kings Seal have got the Writ de Excommunicato Capiendo and then what Gratefull Works they made for the Jaylors and Bum-bayliffes is so notorious that no man can wonder that men are deservedly rowzed to Examine their Frame and Constitutions and pry whether all be right within when such ghastly ruines appear abroad that who can Imagine that the good God ever gave them Commission to make havock of mens Souls Liberties and Estates The Keys of Excommunication seldom opening any thing so soon as a Jayl-Door whence by the other Cross-Key of Absolution they were never delivered without Money money Nor is it for Church-men to Vapour long with Gospel-Ordinances when instead of using them for Spiritual-ends they abuse them to vile base and Sordid Designs to fill their Pockets and wreak their Malice This Rapine in the Sons of Eli prov'd the Ruine of his house for those alone that Honour God he will Honour but those that despise him shall be lightly esteemed And how truly this threathing has been verifyed upon the Ecclesiasticals let any man speak his Conscience say whether any sort of People in the Kingdom have been so contemned and lightly esteemed as they Not but that Contempt may happen to good men and the Scorner● be in the fault but when the light Esteem is grounded upon the Avarice Pride Idleness Extortion Malice and Oppression of Church-men it looks certainly like Digi●us Dei the just Judgment of Almighty God But if both King and some Houses of Parliament once did not like the Act for Uniformity what Wisdom is it for men to be so fierce for the Letter of the Law which

said to the frequent breach of the Oath of Canonical Obedience which also is daily broke by extorting Money and selling Prayers Ordinations Institutions Lectures Sermons Baptizings c. Here 's rottenness all over Besides also many Inhumanities Vexations Extortions Imprisonments Grievances and Oppressions that have within these thousand years been used in Spiritual Courts are against the Law of Nature and not the least colour of them in the Law of God and some point blanck against the law of the Land Was there ever the like known that men should not fear to trample the Sacred Laws under their foot if they make against them and at the same time hale in each Tittle of the letter of the Law against Dissenters when there is so much Dissention amongst themselves so little Congruity or conformity either to one another or to the Act of Vniformity But the sin is greater when Holy Ordinances and Holy Keyes become Snares to catch away mens Liberties in civil matters and will be an addition heaped up and running over that a man would wonder how it is possible for so much rottenness and corruption when it happens should subsist A Bulwark against Popery some men talk of go make a Bulwark of nothing but rottenness and tell me what it is good for especially if the rottenness and corruption is of the same nature with that Popish filth that was brought from Rome by Augustine that vilest of Monks as aforesaid CHAP. XV. A Bulwark quoth he and Court-christian Court-christian was so called sayes Coke because That as in the secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should should that was well put in rule and direct for which cause the Judges in those Courts are Divines Ay we are fine Divines as Archbishops Commissaries Deans Archdeacons c. A very special Christian Regiment of which not one such name is found in the holy Muster-roll of Scripture Linwood sayes Curia christianitis in quâ servantur Leges Christi Court-christian so called because in it is observ'd the Laws of Christ whereas in the Kings Courts are observed the Laws of the World Optime opponis Domine the Kings Laws the Kings Courts set in distinction and diametrically opposite to the Laws of Christ and Court-christian I profess the King and his Courts are strangely beholden to us Laws of the World quoth he yea but Laws Ecclesiastical they call the Laws of Christ our Courts Christian forsooth in distinction from the Kings Courts our selves Divines in distinction from earthly Lay-men that mind the World and worldly things our selves Spiritual persons in distinction from the carnal Layety and our Courts Spiritual Courts in distinction from the worldly Kings Courts Well I commend them for giving themselves and us a good name and a good word becoming our own Trumpets to commend our selves for if we did not who strives to do it the Papists indeed were barbarously Inhumane Soul-sellers Cruel Revengeful Mischievous constant Friends to the Devil and the Gaol but had the Law of the Land on their side for their black deeds But some men Oppress Extort Money for Gods Gifts Illegal Fees in high and open Contempt of the known Laws of the Land and in defiance of their own Oaths against Symony and their Oaths of Canonical Obedience And moreover if the 1 Edw. 6. 2. being the last Statute that ever was revived concerning Bishop-making and Ecclesiastical Court-keeping be in force as I doubt not in the least that any body will deny then to all wickedness is added the greatest Insolence Scandal and daring Triumph over the Laws that ever any Chronicle does mention or record CHAP. XVI AND Blessed be God that has in his Providence so order'd it that out of the Eater is come forth Meat and out of the Strong sweetness to me through the Strength Interest Malice and Power of my Adversary A Power that by bereaving me of my capacity of being a States minister or receiving the States pay has thereby not only given me leisure and occasion Oh deep Polititians not only to pry into their Constitution and observe their Motions but also has thereby emancipated my Judgment and knockt off those Shackles wherewith it might happen to be feterr'd byas't warpt or bended the wrong way through Self-ends or private Respects Interest too frequently Bribing and consequently Blindfolding the Judgment that it cannot discern light from darkness nor can I deny but that in composing this little Treatise I have had more than ordinary help and assistance Divine to discern further and yet undeniably true into the Validity and force of this so needful Statute so long despised by men that talk much of the Kings Prerogative when it serves their own ends To which also I cannot say but they might the rather be inclin'd by the Lord Coke but whether they wrought him to it or he them 't is not a pin matter Ignorantia crassa non excusat For As it is most certain that an after-Statute vacates and makes voyd all precedent Statutes that are contrary thereunto And as it is also as certain as that every child is younger than its father the author of its life and every effect junior to its cause so also certain it is that this Revived Statute must date its life and force from 1 Jacob. and therefore vacates 1 Eliz. 1. 25 H. 8. 20. 1 Mar. 2. 1 2 Phil. Mar. 8. and all other Statutes that make Bishops of any other fashion or send Writs and Processes in any other name than that Statute does direct and enjoyn And though this Argument alone unfetters it from Coke's threefold Cord wherewith he endeavours to bind it down yet 't is ex abundanti and more than needs For his second Cord is untyed and loosed by saying as aforesaid that It is Impossible any Law should aim at the doing any thing which is Impossible to be the aim and mind of the Legislators But it is Impossible that the repeal of 1 Edw. 6. 2. could be the mind of the Legislators because there was no such Statute in being to offend them or to need their repeal And besides the 1 2 Phil. Mar. 2. is not contrary to 1 Edw. 6. 2. For though they may be diverse they are not contrary but may very well subsist together For the Pope may keep his Supremacy though Processes Ecclesiastical did run in the Kings Name As well as the King may keep his Supremacy though Processes Ecclesiastical run in Doctor Exton's name or Pinfolds name Therefore it was below the Ingenuity of the learned Coke to mention such a frivolous Cord that is so easily broken The third Cord seems the strongest as to the repeal of the first branch of 1. Edw. 6. 2. though it is very idle and insignificant as to the other branch of the Statute concerning keeping Ecclesiastical Courts in the Kings name For 25 H. 8. 20 only allows Processes Ecclesiastical as