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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

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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-Common-Law and statute-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
the Ordinance although the most wicked and debaucht except haply they were Circumcised before upon another score then indeed I do not know how they should be Circumcised again And God commanded Joshua not Eleazar to Celebrate the Sacrament or Passeover as soon as they had got over Jordan nor from that Sacrament was the most vitious debarr'd that ever we read of the greatest Sinner sure had most need of it for the whole have no need of Physick but them that are sick Ely was Lord-Chief-Justice and Chief-Priest too and so was Samuel King David also was the Prophet David 1 Chron. 23.5 6. 1 Chron. 24.3 and King Solomon the Wise was Ecclesiastes or the Preacher and both of them order'd the House of God and how matters should be carried on there and plac'd and displac'd the Priests and set them their Lessons and told them their business and their errand and when Solomon's Temple was Built he Consecrated it himself 2 Chron. 6. Indeed good King Jehosaphat made a Council of State or Sanhedrim or Synagogue of a mixt Company parte per pale Priests among the Lords Judges a compound of Clergy and Lay-Elders for the Judgment of the Lord and for Controversies 2 Chron. 19.8 9 10 11 and all Causes that should come before them between Man and Man City and City Blood and Blood according to the Law and Commandment Statutes and Judgment But afterwards the Chief-Priest got the superintendency and was the chief Magistrate But our Blessed Saviour did not like that Spiritual Men should dirty themselves with the World and Worldly matters and therefore refused to be a Judg when the Preferment was proferr'd him in Civil-matters and charges his Disciples that they likewise should not exercise Dominion nor Lordship as the Princes of the Gentiles Luke 22.25 26. And St. Peter reads the Bishops or Presbyters for a Bishop was a Presbyter in those days just such another Lecture 1 Pet. 5. But who minds what he or our Blessed Saviour either do say in the Case And yet we all pretend to be Christians Certainly that Constitution and Frame of Government that cometh nearest to the Platform and is most agreeable and suiting with the Laws of God and is the best Form and Frame of Government Keep therefore and do them says God by Moses Deut. 4.6 7 8. For this is your wisdom and your understanding in the sight of the nations which shall hear all these Statutes and say Surely this great nation is a wise and understanding people For what nation is there so great who hath God so nigh unto them as the Lord our God is in all things that we call upon him for And what nation is there so great that hath statutes and judgments so righteous as all this Law which I set before you this day And in all that Law I will maintain it against the World we do not read that any man living was for wickedness depriv'd of the benefit of the means of Grace of the comfort and help of the Sacraments Words Sacrifices or shut out and excluded the Church or Temple Indeed the Leper and the Unclean c. were debarred from the Crowd and Assembly for fear of Infection in that hot Country but no man's wickedness or ill life and conversation or misdemeanor or contempt or scandalous behaviour was punished by depriving him of the Word or Sacraments or means of Grace that we read of in the whole Scriptures either Old or New Testament And if it be not found in Holy-Writ you may easily know whose invention it was For the truth is Covetousness invented it and Pride together the Pope invented it and being greedy and rapacious with his Legions of Lordly Priests and Cardinals that topt the whole World and Money being a kind of necessary Utensil in the Grandieur of Courts as well as the sinew of War and crocking himself in vain by smutty Chymistry to find the Philosophers-stone he turn'd his Keys of Heaven and Hell into 't and made a Philosophers-stone of them and made them turn every thing they touch't to Gold Has any man a mind to go to Heaven you must ask the Porter leave he keeps the Keys he says of Heaven-gates Come enter in but first pay the Porter leave your Purse behind you you 'l need no money there therefore Deliver your Purse Our Blessed Saviour indeed does say to Peter Behold I give unto thee the Keys of the Kingdom of Heaven and whatsoever thou shalt bind on Earth shall be bound in Heaven and whosoever thou shalt loose on Earth shall be loosed in Heaven But what 's all that to the Pope more than other Presbyters For Christ gives the same Commission to all the Disciples after he had first breathed upon them the Holy-Ghost Joh. 20.22 23. Whose soever sins ye remit they are remitted unto them and whose soever sins ye retain they are retained And when the Pope or any other Popelings or any other sort of people are Successors to these gifts of the Holy-Ghost or that Christ would vouchsafe to breathe upon them or send down the Holy-Ghost upon them as he did upon the Disciples then and not till then has any Mortal man power upon Earth to forgive sins For who can forgive sins but God only said the Pharisees truly but they applied it wrongfully through their ignorance of the Divinity of our Blessed Saviour which he endeavoured to Discover unto them by that saying to the Cripple Thy sins be forgiven thee but they were blind and could not see Can any man in his wits imagine that God should give such power unto men the wickedest and vilest of men to forgive sins Can any man be a good man or indeed any thing in Religion in true Christian Religion without true Charity 1 Cor. 13. 't is impossible be his other qualifications and endowments never so great be he Pope or Bishop or Priest or what he will And yet the Pope makes the silly Papists believe that he can fetch Souls not only out of Purgatory but also make All-Souls in Hell All-Saints in Heaven and leave the Devils alone if he list Can he so the more uncharitable Devil he then by his own showing Had that wicked Levite a grain of Charity that seeing a poor distressed man miserably wounded and that fell among Thieves and turn'd his face hard heart and lookt another way and went on the other side of the way for fear he should reach a helping-hand give me the Samaritane for all such Levites Much less can the Pope have a grain of Charity or therefore any goodness indeed or Religion or any Christianity when he can if he do not lie redeem all the damned out of Hell now roaring in torments and will not and all the Souls out of Purgatory and the fire of Purgatory the Papists hold is hotter than Nebuchadnezzar's fiery Furnace but I cannot tell nor I hope never shall know and yet groaning and frying as they lie there the
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
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