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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	lord_n	say_a	4,832	5	7.2464	4	true

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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

strike Princes upon the Throne and the Reverend Judges upon the Bench and tho her Neck be sometimes broke yet she 's an Hydra and revives The following Verdict for Mr. Hickeringhill has broke her Neck and made an end of all those slanderous Clamours which to give colour unto the Conspirators against him have rak'd into all the Actions of his Life for fifteen years last past wherein he had any considerable dealings with any Man And as the Waters of a City clean and unclean disgorge and disembogue themselves into the great Sink and Common-Shore And as all the little Diseases nay all the Humours of the Body good and bad in time of the Plague turn to the Pestilence So all the late Actions that Mr. Hickeringill has done or Books that he has writ except Curse ye Meroz you will find here jumbled together by the malignity and pestilential Malice of his Adversaries to make up this filthy and plaguy Crime of Barretry A Crime that not one of a Thousand knows what it is but it will serve and has serv'd to make an ugly noise withal Barretry Barretry If one Man call another Whoremaster or a Woman a Whore and if he was neither Bolster nor Pillow and cannot prove it this is Barretry If a Man writes a Book or tells false News to the prejudice or hurt of any of the Kings Subjects this is Barretry and in a thousand Particulars more so that they be frequently done for twice or thrice will not do the Feat Men may be indicted for Barretry or else if his Adversaries like the Defendants Adversaries be Purse-proud and mighty and dare venture the hazard of being overthrown for it will ruine the Informer if the Defendant be acquit and the Pit that he dig'd for another he must fall into himself then an Information in the Crown-Office is the Mode like this which follows An Impartial NARRATIVE OF THE Most Remarkable Passages in the Tryal of Mr. Hickeringill for Barretry March the 3d 1680. At the Assizes of Nisi Prius held at Chelmnsford for the County of Essex before Mr. Baron Weston GReat was the Expectation great the Concurrence great the Hopes the Noise and the Confluence at this so-much-talk'd-of Tryal The Illustrious Duke of Albemarle upon the Bench by the Judg whether by accident or on set purpose is not enquirable at present Old chattering there was by all the Vermine old clapping of Wings and hooting at this merry Day a Day that promised a wonderful Conquest What said some shall this daring Man this Common Barreter ever hereafter find any more faults in Ecclesiastical-Courts in Bishops Arch-Bishops and Arch-Deacons In Proctors Sumners and Registers In Advocates Doctors and Apparitors and such harmless Men Shall we lose our Moneys for Commutations of Penance and Excommunications Sentences Decrees and Absolutions Citations Libels and Visitations Synodalls Sequestrations and Produrations And yet shall he that wicked He that has done our Business escape or imagine to escape Scot-free No no his Business shall now be done and wee 'l answer the Naked Truth with a Vengeance Listen to the Charge or Information of Barretry The Heads of the Charge against Edmond Hickeringill Clerk for Barretry exhibited by Samuel Astry Feb. 14. 1680. IMprimis For purchasing Lands and Tenements of one Westenraw in Bradfield and Wix in Essex the said Defendant Hickeringill knowing that divers Sults and Pleas were then depending for the same and Westenraw being out of Possession and for maintaining divers Suits about the said Lands 2. For purchasing divers Lands and Tenements of one Elizabeth Blois and others in Thorp Kirby or one of them in Essex the said Defendant Hickeringill knowing the said Elizabeth being then out of Possession and for managing Suits about the same 3. For purchasing divers Lands and Tenements in Thorp and Kirby and Much Clacton or one of them of Ford and his Wife and Blois and his Wife being out of possession the said Defendant then knowing that divers Suits and Pleas were then depending for the same and maintaining Suits about the same 4. For stirring up and maintaining divers Suits against one Petfield Hill Everet and Freeman all of the Town of Colchester with an intent only to extort Mony from the said Parties and to ruin them and to put them to trouble and charges and giving a Bill of Charges under his own Hand and demanding five pounds for Charges when there was not ten shillings due 5. For publishing scandalous Libels against Sir John Shaw Thomas Talcot Esq William Moore Esq Jonathan Merry Gent. and others being then Magistrates in Colchester 6. For extorting by Threats of Suits at Law without any just Cause great sums of Mony and Bonds and other Writings for payment of Mony from Tho. Shortland and others 7. For concealing the last Will and Testament of Andrews delivered to him being a Surrogate made to prove the same which occasioned divers Suits to be brought about the said Will which Suits the Defendant maintained 8. For bringing vexatious Suits without any probable Cause in his own Name against one Killingworth letting them fall only to vex and trouble the said Killingworth and to put him to Charges he himself being protected 9. For maintaining divers Suits in anothers Name against one Sadler his Servants Agents and Tenants 10. For stirring up and procuring divers Actions of Ejectment to be brought against one Wheely of Colchester on the Demise of Mary Living and solliciting the said Causes and maintaining the said Suits at his own Cost and Charges the said Defendant then knowing that the Lessor of the Plaintiff had no Title to the Premisses and that several Verdicts had passed before the Commencement of the said Actions for the Defendants Title 11. For the purchasing Lands and Tenements of one Rolph who was then out of Possession and divers Suits and Pleas were then depending for the same and maintaining divers Suits about the same 12. That the Defendant being Surrogate did grant Administration of the Goods of one Shortland to one Shortland the Defendant then knowing that the said Shortland had made a Will but before he would grant the said Administration he forced and compelled the said Shortland to give a Bond to one Sewell to the use of himself the Defendant for payment of a great sum of Mony and did promise to maintain any Suit that should be brought against the said Shortland by reason of his being Administration 13. For bringing and maintaining several Suits in the Exchequer against Luke Benny Robert Car and others for Tythes within the Parish of St. Peter in Colchester without reasonable and probable Cause with a Design to oppress the said Parties and unjustly to extort sums of Mony from them where none was due and by false Suggestions extorting sums of Mony from others John Beacon Mr. Langley and others upon pretence of Tythes due to him whereas none was and the said Persons were after compelled to give satisfaction to Mr. Thomson Vicar of the

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