of the Act of Uniformity by the Bishops and Clergy especially Namely In the Rubrick before the order of Morning Prayer we find these words namely And here is to be noted That such Ornaments of the Church and of the Ministers thereof at all times of their Ministration shall be retained and be in use mark that as were in this Church of England by Authority of Parliament in the second year of the Reign of King Edward VI. Now the great Question will be What Ornaments they were that were in use in the Reign of King Edward the sixth A question that I hope few Countrey or City Clergy-men of ordinary Rank know how to answer for it is to be hoped that they sin through ignorance and not through stubbornness and contempt of the Act of Vniformity and are rather ignorant Nonconformists than wilful Nonconformists in using other Rites and Ceremonies and other Ornaments at all times of their Ministration than what were in use in the time of the 2d of Edward the sixth enjoined by Act of Parliament For in the Rubrick in the Communion Service made in the said 2d of Edward the sixth after the Title which is in these very words The Supper of the Lord and the Holy Communion commonly called the MASSE We have this Commandment namely Upon the day and at the time appointed for the ministration of the Holy Communion the Priest that shall execute the Holy Ministery shall put upon him the Vesture appointed for that Ministration that is to say A white Albe plain with a Vestment or Cope And where there be many Priests or Deacons there so many shall be ready to help the Priest in the Ministration as shall be requisite And shall have upon them likewise the Vestures appointed for their Ministry that is to say Albes with Tunicles And to make the matter plainer in the Act for the Uniformity of Common-Prayer and Service in the Church and Administration of the Sacraments 1 Eliz. It is enacted That every manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common-Prayer mentioned in the said Book or minister the Sacraments c. shall minister the same in such order and form mark that as they be mentioned and set forth in the said Book Or shall wilfully or obstinately standing in the same which I hope they will not hereafter venture to do use any other mark that Rite Ceremony Order Form or Celebrating the Lord's Supper openly or privity or Martins Evensong Administration of the Sacraments or other open Prayers than is mentioned and set forth in the said Book The Penalties for the first Offence The profit of the Benefice Benefices and all the Spiritual Benefits and Promotions the Offender hath for one Year next after conviction is thereby forfeited and gone together with six Months Imprisonment without Bail or Mainprise For the second Offence Deprivation ipso facta of all the Spiritual Promotions and one whole Years Imprisonment and that it shall be lawful for all Patrons and Donors c. to present or collate to the same as if the Offenders were really dead And for the third Offence Deprivation as aforesaid and Imprisonment during Life And if the Offender be not benefic'd or promoted for the first Offence Imprisonment for one year without Bayl. And for the second Offence Imprisonment during Life So 14 Car. II there is an Act of Uniformity that to the same effect enjoyns no other Rite Ceremony Form or Order of Common-Prayer Ornaments c. This is mentioned to humble the rigid Conformist that he do not plume himself and be exalted above measure over other Nonconformists without any Mercy or Compassion to human Nature human Frailty human Error and human Kind lest he himself by the next Grand Jury be presented and found guilty of using other Rites and Ceremonies than what are enjoyned in the Act of Uniformity and Common-Prayer-Book of King Edward VI or this Common-Prayer-Book And consequently get a Prison on his back the same Prison whereinto he has so often endeavoured to put other Nonconformists and for the same Sin too of Nonconformity and Transgression of the same Act of Uniformity that he has so extoll'd and cry'd up For to bow towards the Altar to bow at the Holy Name of Jesus to force the Inferiour Clergy except in Cathedrals to were the Surplice or to wear the Hood during the Ministration of Baptism Burial Morning-Prayer Letany or Evensong are other Rites and Ceremonies and other Ornaments than were forced on the Clergy to use in 2 Edw. 6th as aforesaid Indeed upon the day and at the time and only at the time of Ministration of the Lord's Supper the Priest was enjoyned to put on the Albe or Surplice and Cope But not till the Letany was read and just before he began to read the Common-Service and administer the Communion at the Altar for so says the Rubrick in the said Communion-Service in the Common-Prayer-Book of 2 Edw. 6th just after the Prayer for fair Weather in these Words And tho there be none to communicate with the Priest yet these days namely Wednesdays and Fridays afore-named in the said Rubrick after the Letany ended the Priest shall put upon him a plain Albe or Surplice with a Cope and say all things at the Altar appointed to be said at the Celebration of the Lord's Supper until after the Offertory So that all are Nonconformists and liable to Indictments and loss of their Liberty as well as loss of their Livings that pray before or after Sermon in other Form or Order than is set down in the Common-Prayer-Book And all that force the Country or City Ministers except in Cathedrals to wear the Surplice during Mattens or Morning-Prayer Letany Baptism Burial Evensong or Evening-Prayer And all that bow towards the Altar and set great Candles thereon and all that bow at the Name of Jesus And all that wear or force Men to wear Hoods at any time except Sermon-time whether Scarlet Black Lamb-skin or Taffety according to their degree except in Cathedrals they may if they please only it is seemly so to do in Sermon time but for that it ought to be left to every Man's Liberty For so says the Rubrick of the second Common-Prayer Book which I confess seems strangely worded in these very Words In the saying or singing of Mattens and Even-song Baptizing and Burying the Ministers in Parish-Churches and Chappels annexed to the same shall I suppose it should have been printed may use a Surplice and in all Cathedral-Churches and Colledges the Arch-Deacons Deans Provosts Masters Prebendaries and Fellows being Graduates may here it is may not shall use in the Quire besides their Surplices such Hoods as pertaineth to their several degrees which they have taken in any University within this Realm But in all other places mark that every Minister shall be at Liberty to use any Surplice or no. It is also seemly that Graduates when they do preach mark that
but when this Defendant married ten times more in the years 1674 1675 1676 1677 1678 and 1679. and made the People pay for a pretended Licence and Marriage about 12 s. or 13 s. of which each the said Registers and Commissary had 8 s. apiece Then oh no! Then not a word to be said nor any Promoters heard of against him But after the writing the Naked Truth that tells them roundly of their crying Extortions and Oppressions of the King's Subjects in illegal Fees or rather Exactions in Probates of Wills Letters of Administrations Ordinations Institutions Inductions Visitations Synodals Procurations Excommunications and Absolutions in answer whereof neither they nor one Fullwood their Doughty-Champion has so much as one word to say in their Defence Then nothing will serve but Ruine and Desolation in Plots and Contrivances against the Author for Barretry and No body knows what And now too have at his Rectory and the Prosits thereof which he holds by the Law of the Land and will hold in spight of their teeth and malice For if such solemnizing Matrimony were prov'd upon him in a lawful Court and Judicature and against lawful Canons and Constitutions found upon Record and in a Court of Record but this Court if it be a Court is no Court of Record and a true Copy thereof here produced and testified And also if it be prov'd that such Canons and Constitutions so contrary to one another are or which of them are now in force in these days that the 1 Eliz. 1. by which they had enargie life and power is defeated and also by the said 16 Car. 1.11 and 13 Car. 2.12 Yet even then the malice of this Defendants Adversaries cannot reach his Rectory and the Profits thereof as Thomas Doughty threatens in the eighth and last Article for not only the Injunctions of Queen Elizabeth ordains Suspension only ab officio but that Suspension in general terms in the pretended Canon of King James ought to be construed the same with that of Queen Elizabeth namely Suspension only ab officio or silencing or stopping the mouth a mighty Priviledg not Suspension a beneficio because of the said Maxim of the Civil-Law Common-Law Mercy Reason Equity and Conscience namely Poenae generaliter expressae semper debent intelligi in mitiori sensu punishments only in general terms exprest ought always to be taken in the mildest sense Oh! but the said Promoter Thomas Doughty in this last Article cannot afford so much clemency it is a pity therefore he should ever be called vestra clementia or his Grace mercy is an Herb rarely found in the Fields of an Informer or Promoter Solomon tells us The mercies of the wicked are cruelty However whatever may be prov'd against him in this mighty case he doubts not but to keep his Free-holds Lands and Tenements both spiritual and temporal which blessed be God are worth the gaping for and let them gape they may gape long enough before they stop their mouths with them 't is to be hoped their mouths will be stopt with mould first in the grave before they ruin a Man and his House a Man and his Family a Man and his dear Wife and seven lusty Children God bless them and keep them out of harms-way secure under the Protection of the Law against all Conspirators against this Defendant or them and against all Man-Catchers little and great we live in jolly times God keep us Which brings to mind Nothing of this was put in the Defendants Answer but is added de Nove the Caveats entred by Sir Mathew Hale that incomparable Lord Chief-Justice against and for himself necessary to be continually had in remembrance by all Judges Temporal and Spiritual and proper enough it is here to Insert one half or nine of them 1. That I never engage my self in the beginning of any Cause but reserve my self unprejudiced 'till the whole be heard 2. That I be not too rigid in matters purely conscientious where all the harm is diversity of Judgment 3. That I be not byassed with compassion to the Poor or favour to the Rich in point of Justice 4. That Popular or Court-Applause or Distaste have no Influence into any thing I do in point of distribution of Justice 5. Not to be solicitous what men will say or think so long as I keep my self exactly according to the Rules of Justice 6. If in Criminals it be a measuring cast mark that to incline to Mercy and Acquittal 7. In Criminals that consist meerly in words when no more harm ensues moderation is no Injustice 8. To abhor all private sollicitations of what kind soever and by whomsoever in matters Depending 9. To charge my Servants 1. Not to Interpose in any business whatsoever 2. Not to take more than their known Fees 3. Not to give any undue Precedence to Causes 4. Not to recommend Counsel Ay Ay here was I had almost said a None-such seldom comes a better nay nay seldom such another Again to our present matter in hand and the Article aforesaid of transgressing the Canons and Constitutions of the Church of England The Article does not say what Canons whether Canons made before the Reformation or since whether Canons made when the Pope was Head of the Church of England or Canons made since the Kings of England were declared by Acts of Parliament the Heads or Head of the Church of England So that this Defendant cannot possibly know how particularly to answer the same or know whether to confess traverse or deny so that this Defendant therefore requires that it may be explain'd and particulariz'd by the Promoter or Promoters what Canons and Constitutions they mean or would be at and where such Canons and Constitutions of the Church of England are to be found and in what Court of Record that this Defendant may give a more positive and particular Answer thereunto for dolus later in universalibus Secondly Besides what is already said at large as to the Uncertainty which is enough to quash the said Articles at least for the present if it were needful This Defendant further answereth and saith That he humbly denies the force strength and vertue of all Canons and Constitutions vulgarly called of the Church of England that are not Confirmed by King and Parliament the onely Legislators and Law-makers in this Realm of England Which if any deny to be true 't is like he may have an answer in Parliament if thought fit But if it be true and that no Canons and Constitutions of the Church of England are allowed or confirmed to be obligatory Laws to an Englishman as in 13 Car. 2.12 16 Car. 1.11 then there 's an end of the Story and this Traverse is further needless But if this Court denies That the King and Parliament are the onely Legislators then this Defendant desires they would so declare and express themselves that so this Defendant and all others may know the limits of their obedience For this
Reverend Bishop to be an Informer or Promoter But the Half-crafty Proctor the said Nucourt was got into a Dilemma and knew not how well to extricate himself For when this Defendant urg'd the Statute of 23 H. 8.9 against Sir Robert Wiseman with the Penalty of 10 l. besides Costs and Damages for citing this Defendant out of the Diocess of London where he Inhabits to salve the business it was thought fit rather to let Doughty's said Promotion fall but then Costs should have been given this Defendant but it was denyed and refused against the Rules of their own Courts and Methods as if they had the Law in their own hands And to salve the Statute of 23 H. 8 9. and the Penalties there Henry Bishop of London was Inserted Promoter though this Defendant was never Cited to answer his Suit and Promotion Nay it looks like a Wheedle or a Trepan to drill a Man into a Court by Process in a feigned Suit and then clap an Action on his Back at another Man's Suit and without his Privity too but any methods to carry on the Cause The Cause Besides according to the usual Methods of this Court no Man is obliged to accept a Libel except the Promoter become bound in sufficient Penalty not only with responsable and sufficient Sureties but such as are capable of being Arrested in case of Non-suit or failure of proof to pay to the Defendant his Costs and Damages But no such thing is done for this Defendant new Lords new Laws This Defendant is like to thrive amongst you in the Interim CHAP. VIII NEvertheless this Defendant to vindicate himself and the integrity of his unblemish't he hopes he may say without offence in this his just and forc't defence Life and Conversation and to manifest that the said Protestations Answers and Pleas are not dilatory and on purpose to decline a particular Answer or evade the discussing of the merits of the Cause and Crimes alledged against him in the said Articles he this Defendant saving to himself the benefit of his former Allegations Pleas and Protestations further Particularly answereth and saith 1. That the first Article in the said Libel as being only in course is true and all the other false further than is hereafter declared 2. That the 2 3 4 and 5th Articles are Instances and Accusations against this Defendant as a common-mover exciter and maintainer of Suits and Quarrels which is Barretry an offence against the Statute Law and Common-Law of this Realm and therefore ought not to be Tryed in any Ecclesiastical-Court as forbidden in the Statute of Provisors 16 R. 2.5 In derogation of the Courts of our Lord the King mark how the Spiritual-Courts and the Kings-Courts are oppos'd implying necessarily that the King and Parliament did not then look upon the Spiritual Courts to be the Kings Courts but the High-Priests Courts nor do they to this day hold them in the King's Name and Style and all their Acts under His Seal what Policy is it at this time of day to be Independents I mean Noun-Substantives and stand by our selves The said Statute too 16 R. 2.5 is in pain of a Praemunire and has a mighty setch and reach even over the water as well as on this side for the Statute says The Court of Rome or elsewhere 3. The said Defendant Mr. Hickeringill had an Information brought against him for Barrety in the Crown-Office and at a Tryal at Chelmnesford Assizes March 3. 1680. for the County of Essex thereupon amongst 24 Heads of the charge of Barretry exhibited against him then and there tried the 23d Head was the substance of the said 2d 3d 4th and 5th Articles in the Libel aforesaid mentioned and this Defendant though pleading his own Cause was acquitted with honour of this malicious Charge the Right Worshipful Knights and Gentlemen of that Special Jury not stirring from the Bar nor the least proof of the Charge made out against him in any one Particular nor any proof but of the Folly as well as Malice of the Informers Conspirators and Promoters then and there And must he now again for the same matters be tried again by the Ecclesiastical Men after acquittal in the Courts of our Lord the King and by Prosecutors that were then Accessories at least to the said causeless and malicious Prosecution and in defiance too of the said Statute of Provisors CHAP. IX 4. THE Title of not only a fourth part which is ground enough for a Prohibition but all the small Tythes of St. Botolph's Parish as in Article 4. is in question and controversie For the said Promoter Henry Blshop of London pretends Right to dispose of the said Tythes by Sequestration nay has dispos'd of the said Tythes but shall the Defendant suffer it to one Harris whereas the Defendant has enjoyed the Tythes 19 or 20 years and yet enjoys them as Rector of the Rectory of All-Saints in Colchester in the said County of Essex in Right of and belonging to his said Rectory as his Predecessors the Rectors of All-Saints aforesaid have done quietly and 'till now without disturbance ever since the dissolution of Monasteries and amongst others the Priory of St. Botolph's in Colchester aforesaid granted sold or given by King Henry VIII to Thomas Lord Audley then Lord Chancellor of England and from him and his Brother and Heir Thomas Audley Esq together with his Executors joining together granted unto Robert Plumton Clerk Rector of the Rectory of All-Saints aforesaid and to his Successors for ever whose present lawful Successor and for above 19 years has been and now is this Defendant by Deed a true Copy whereof follows in these words verbatim TO all Christian People to whom this present Writing shall come Edward North and Thomas Pope Knights Edmund Martin Esq and Thomas Gimblet Gentleman Executors of the Testament or last Will of Thomas Audley whilest he lived Knight of the Noble Order of the Garter Lord Audley of Walding and Lord Chancellor of England and Thomas Audley Esq Brother to the said Lord Audley do send Greeting Whereas the said Lord Audley in his Life-time for and in consideration of certain Covenants Grants and Agreements made between him and the Parishioners of the Parish-Church of All-Saints in the Town of Colchester in the County of Essex did give grant bargain sell and confirm unto the Rector of the said Purish-Church and to his Successors for ever All the Tythes as well of Hay Wood and Corn as of any other kind or sort whatsoever to him belonging in the Town of Colchester aforesaid by reason of the Dissolution or Resignation of his House or Priory of St. Botolphs in the said Town of Colchester Know ye therefore That we the aforenamed Edward North Thomas Pope Edmund Martin Thomas Gimblet and Thomas Audley Esq for the more sure and perfect accomplishment performance and execution of the said Covenants Grants and Agreements as also in Consideration and for the Sum of Forty Pounds of Storling
money by Richard Aufeild and William Hutton now Church-wardens of the aforesaid Church of All-Saints to the aforenamed Lord Thomas Audley in his Life time paid in full Purchase and Bargain of the aforesaid Tythes to him the aforenamed Rector and to his Successors for ever Have given granted sold and by this present Writing confirmed unto Robert Plumton Clerk Rector of the Parish Church of All-Saints in the Town of Colchester aforesaid and unto his Successors for ever all the aforesaid Tythes in the Town of Colchester or elsewhere To have enjoy hold and take all and singular the aforesaid Tythes to the said Robert Plumton and to his Successors Rectors of the Parish-Church of All-Saints in Colchester aforesaid for the time being for ever And I the said Thomas Audley Esq and my Heirs All and singular the Premises above specified against me the said Thomas Audley Esq and my Heirs to the said Robert Plumton and his Successors aforesaid shall and will warrant and for ever defend by these Presents In witness whereof we the said Edward North Thomas Pope Edmund Martin and Thomas Gimblet and Thomas Audley Esq to this our present Writing have set our Seals Dated May 14 in the 36 year of the Reign of the most excellent and invincible Prince and our Lord Hen. VIII by the Grace of God King of England France and Ireland Defender of the Faith and on Earth the Supreme Head of the Church of England France and Ireland EDWARD NORTH THOMAS POPE EDWARD MARTIN THOMAS GIMBLET THOMAS AVDLEY And is it not Great first to invade a man's Rights and Freeholds and then Article against him as a Barretor for defending himself and them Oh! most incomparable Subtlety and Policy And if a Plenarty for three years only shall be an Estoppel to the King as in some Cases 18 Edw. 3.5 much more a Plenarty for 19 or 20 years as in this Case not to be stiffed nor tryed whether by Right obtained or by Intrusion though this Defendant enjoys them by lawful Presentation from the King and Institution and Induction thereon but however this Spiritual Court extravagantly inquires after it the Titles of mens Freeholds and Rectories belonging onely to the Courts of our Lord the King and a Tryal by Juries as proved by the Statutes before mentioned beyond all contradiction or fear of any thing but a Praentunire for being Busie-bodies that would hook in all things by hook and by crook into the Jurisdiction of their Courts as you know who does in ordine ad spiritualist Fifthly As for the Rectory of St. Leonards in Colobester aforesaid a poor business it is God knows not is worth 7 l. per Annum nor that able to repair the Dilapidations of the Parsonage-house in ten years nay it had been demolished to the ground long ere this but for care taken for the same by Robert Sewell Gent. who was and still is Sequestrator of the Profits of the said Rectory constituted and appointed under the Seal of the said Henry Bishop of London bearing date April 17. 1676. and in the first year of his Translation and confirmed by the said Bishop in all and every of his Visitations and the Fees paid for the same and the same still is in force and unrevok'd Besides though the Benefice of the said Leonards is so small as aforesaid yet the said Mr. Sewell provided to support the House which is large and keep it up in tolerable Repair and provided the learned and honest Gentleman Mr. Bridge of Alesford in Essex to preach there once a month and sometimes this Defendant though not above once in a year sometmes But the said Living being so poor and scandalous and the Parish so lamentably abounding with Poor above any other Parish in Colchester this Defendant constantly paid to the relief of the Poor 2 s. per mensem and also at every Sermon that Mr. Bridge aforesaid or this Defendant did preach there this Defendant also caused to be distributed Four and twenty Penns-lodves amongst the poorest sort but after since the said Bishop has given the interruption the Poor has had the less Food for their Souls for the Church-doors have long been shut against the said Mr. Bridge and this Defendant wonderful care of the Cure of Souls whereby also the Poor has been deprived of relief for their Bodies also That 's all the good that is or is ever likely to be by this peevish stop  l. s. d. per Annum The Profits of the Rectory 07 00 00 per Annum Out of which    per Annum The Kings Tenths Pension Bishops Visitation Synodals and Procurations about 02 00 00 per Annum To the Poor assessed and freely given 02 10 00 per Annum For preaching 13 Sermons to Mr. Bridge per Annum at 5 s. per Serm. 03 05 00 per Annum But the Profits the said Mr. Sewell does yet receive as he hopes he lawfully may be the Authority of the said Bishop unrevok'd to this day and not worth the contending for For no man can get a Penny by it and seldom comes a better but no matter how soon the same is revok'd that the great advantage the poor People gets by this bustle and change may be seen For it is a shame that the Bishop should provide worse for them and make a bustle only to do harm and if he do provide better then the said Promoter and Bishop must part with money probably out of his own Pocket thereunto which this Defendant fears will not be done Sixthly The Vicaridge of Fingringhoe is void by the Statute 26 H. 8.3 by reason the said Samuel Harris Clerk in the third Article mentioned being Instituted and Inducted in or about the month of December last past yet has not paid the King's Tenths to the value with Charges thereupon in the Exchequer of 30 or 40 l. now due and refused to be paid or neglected by the said Bishop to be demanded of him personally or if demanded lawfully then the said Vicaridge is void and ought to be so declared and the Right of Patronage or Advowson being in this Desendant together with the great Tythes and Impropriation of Fingringhoe aforesaid the Custody of the Profits of the said Vicaridge does belong during the Vacancy to this Defendant the Patron as this Defendant humbly conceives by force of the Statutes 25 Edw. 3. and 35 Edw. 1.1 But if disputable be this Defendants Title to the same yet neither this Court nor any Ecclesiastical Court can hold Plea thereof nor of any matter whereof the King's Courts have Right of Jurisdiction 2 Edw. 6.13 nor can determine the Titles and Rights of Freehold as 25 Edw. 3.4 28 Edw. 3.3 17 alias 16 Car. 1.11 aforesaid Besides the said Harris never was Resident so much as one night in the said Parish of Fingringhoe since his first Induction to the said Vicaridge thereof but preach'd three or four times to the Parishioners got half a years Tythes and never came in
Suspension or Sequestration or Deprivation be supported by that which can only support them viz. a Statute But they should not need to have found the said High-Commission specially if Ecclesiastical-Courts then had or consequently have an ordinary Jurisdiction without special Commission from the King only and equally the Head of the Church and State But no Temporal-Courts or Judges do or dare Act implicitely but by special Patents or Commissions under Seal for as for Hundred-Courts they belong to Proprietors but all derived originally by Patents from the Crown as Sheriff-Courts and Corporation-Courts And besides from these Inferior Courts or Common-Law-Courts as are the Handred-Courts they sit in the Hundred by Prescription where the Bishops also used to sit and keep their Courts together and at the same time and place which if they do not now so they cannot plead to hold Courts by Prescription except they as does to this day the Hundred-Courts and County-Courts keep up and keep to their Prescriptions as to place and time Canons and Laws Therefore away with all idle thoughts of making the Spiritual-Courts Ordinary or Comnion-Law-Courts this Court it self the Supreme of all the Spiritual-Courts cannot prescribe for sitting here in Doctors-Commons beyond the memory of man for it us'd to be kept in the Arches of Bow-Church whence it had its name but now most improperly except it sit by special Commission from his Majesty and be so styled in the Commission And if the Arch-Bishop have such Patent from the King to keep Courts of Judicature-Ecclesiastical as have the Judges in Westminster-Hall for keeping Courts-Temporal this Defendant desires this Court then so to Declare it that he may the better know how to demean himself with all humility and submission thereunto But this Defendant has taken the Oath of Supremacy and dare not own any other Head of the Church or Ecclesiastical Judicature but what is derived from Him in whom alone is inherent all the Executive power in Church and State And from Him imparted and derived to the Judges under Him Nay when His Majesty has derived such power to His Judges yet they cannot make a Deputy if they be sick nor an Official or Surrogate Indeed sometimes a Serjeant at Law is surrogated in the room of one of the 12 Judges sick dead or otherwise avocated and goes the Circuit but this must be done by Special Commission and his Name specially inserted and mentioned therein no Judge can make such a Surrogate or Deputy Besides it is but onely pro eo vice for that turn only And though an Archbishop with his Archbishoprick and Bishop with his Bishoprick if constituted according to Law have all Priviledges also annexed anciently and of right belonging thereunto by Prescription or otherwise yet a Right by Prescription and Custom or Common Law is lost when the Custom surceases and other new Customs innovated for Customs ought to be certain uninterrupted and continual both as to time place c. Thus a Court-leet may be lost and forfoited for want of Use according to the ancient Usage and perhaps this is also part of the Case Thirdly To solemnize Matrimony without Banes first published three several Sundays or Holy-days in time of Divine Service in the Parish or Parishes where the Parties inhabit is an Offence against Statute-Law onely namely the Rubrick before the Order of Matrimony in the Common-Prayer Book every Sentence whereof is Statute-Law in the Act of Vniformity Which if true then this Court is no competent Interpreter nor Judge of Statute Law nor of the nature of the offences against the same nor of the quality and degree of the punishment of such offences And though all Englishmen are bound to obey the same to a Tittle yet scarce any Englishman Bishop Priest or Lay-man but does offend and transgress the same little or much and are all Nonconformists and accordingly are all liable to be Indicted and have Presentments made against them for Nonconformity according to the said Statute of Uniformity and as Sinners and Transgressors of the same Yet some of the Rules in the Rubrick and the Transgressions thereof were thought so small and such little Peccadillo's that the Legislators or Law-makers did not think fit to annex and assert any Punishment to and for the same As for Example It is enjoined in the Rubrick to read the Communion Service at the Communion Table yet not One of a Thousand obeys except in Cathedrals c. and there also the Act of Vniformity is as much or more transgress'd than in any Countrey-Church in England that this Defendant knows of as shall be proved infallibly by and by But if all Ministers obey the Act of Vniformity aforesaid in reading the Communion Service at the Communion Table in the Chancel in many Churches if not in all Churches not one of an hundred could possibly at that distance and in the hollow and obscured Chancel hear the same or be more edified than if in Latine was read the said Communion Service or Mass for so is our English Communion Service said to be commonly known and called the Mass in the Common-Prayer Book put out by the Reformers who in composing and translating the said English Common-Prayer Book are by the Act of Parliament in 2 Edw. 6. Reign made for the common Use and general Practice thereof throughout the Realm said to be inspired thereunto by the Holy Ghost But here is the unsuitableness betwixt our Times and those Times they like the Primitive Christians Acts 2. took the blessed Sacrament in Cathedrals every day and in all Countrey-Churches on every Sunday and Holy-day Wednesdays and Fridays on which days onely the Communion Service was to be read nor was it wholly read but when the Holy Sacrament was administred which was usually every Sunday and Holyday in Country Churches and in Cathedrals every day and then read after the Letany and when the Letany was read then and not till then the Priest put on the Surplice or Albe and Cope And though no man is enjoined by that Act of Uniformity and Common-Prayer Book to receive the blessed Sacrament above once a year yet the Housholds in the Parish the Rubrick says were so order'd that one at least as his turn came always communicated with the Priest one or other every Sunday or Holy-day at the Altar where the Priest stood whil'st he read the Communion Service in the Chancel and might well enough be heard by the Communicants who all were in the Chancel This is to shew there is not the same reason now adays when the Holy Communion is so seldom celebrated no not in Cathedrals as it was wont when the Rubrick of King Edw. 6. enjoined the Communion Service to be read at the Altar for so is the Communion Table there stiled in that Book said by Statute Law to be composed translated or made by the Inspiration of the Holy Ghost as aforesaid Again To give another Example of the constant and wilful transgression
should use such Hoods as pertaineth to their several Degrees So that to wear the Surplice or no is left to every Man's Liberty even in Cathedrals especially in all other places Hoods according to the degree not in time of Divine-Service as in many Cities and Country-places worn not for want of Ignorance but only may be worn in preaching the Sermon upon the Knowledg of a Man's Degree and Quality may recommend the Sermon possibly and possibly not the Hood is commended not commanded to be worn but the reason ceases in reading Divine-Service and Administring Sacraments or reading of Homilies which are the works of the Law not our own works and are not nor need to be recommended by the Dignity of the Reader or Administrator and therefore Hoods worn at any time except Sermon-time and Surplices forc'd upon Mens backs in reading Mattens Even-Song Baptizings or Burials whether they will or no and not leaving Men at Liberty is enjoining other Rites and Ceremonies than what the Law enjoyns as wel showing at the Name of Jesus and bowing towards the Altar a place which some Men never pass by but they bow they ought to lose their Spiritual Promotions for such Superstition and good reason for it is either Folly or worse Popish Superstition For if he that bows still as he goes by or approaches the Altar does not fancy that there is somewhat extraordinary there that exacts and requires this extraordinary Reverence above other places then he is a foolish Coxcomb to beck and bow only to that place above all other for no reason or for nothing But if he doth believe there is something plac'd there that requires this Reverence as the Papists assert who can excuse him from the belief of that Popish Doctrine of Transubstantiation Also all are Nonconformists that administer the Sacrament without Copes on and this makes all the Ministers in England Nonconformists for no body wears Copes and most wear Surplices tho this Defendant has not worn one except at Communion-times for several Years by-past And a Cope he would wear at such time only of celebrating the Lord's Supper but he cannot get one necessitas vincit Legem And in this Instance he hath been the more copious to show how little those Boanarges or Sons of Thunder do observe how they thunder out their own Sentence and Condemnation Out of thine own mouth will I judg thee thou wicked Servant When nothing but Hell and Damnation Goals and Excommunications Fines and Confiscations Suspensions and Deprivations will serve their turns for every little Breach of any Clause in the Rubrick and where no harm ensues nor loss but gain to the People when they are perhaps married without Banes or Licence And for Men to say that bowing at the Name of the Holy Jesus our blessed Redeemer is an harmless Ceremony aggravates the Offence It is the Popish Excuse for all their multiplied Ceremonies so many that their Religion is little else or so miserably covered therewith that Men can see little else To bow at the Name of God or Jehovah the greatest of all Names is harmless but it would be endless to do it and there is no Scripture to vouch these Bowings at the Name of JESVS or GOD c. as is hitherto unanswerably proved in the last page save two of the Naked Truth the second Part. To wear two or ten Surplices especially in cold weather together with an Hood about the Neck are harmless and the Hood keeps the Neck warm in Winter but is too hot in all conscience in Summer-time but if it were not too hot nor yet too heavy yet still they are other Rites and Ceremonies than are enjoined in the Act for Uniformity and therefore punishable and unlawful And what can or dare these Rigid Conformists answer in their own defence except cry Peccavi and confess their Ignorance Let us pray for them in our blessed Saviour's words Father forgive them they know not what they do For certainly the Law does not forgive them but is clear against them What can they say for themselves why Judgment should not be given against them according to their celebrated Act of Uniformity And to say the Canons enjoin some of these Ceremonies much aggravates the Offence to play old Canons against the King and Parliament's new Acts and Statutes this is petulant and unpardonable I had almost said They had more need petition for an Act of Indempnity to pardon all Non-Conformists and to get for themselves Remission in the Crowd CHAP. XI A Gain The said Rubrick says None shall solemnize Matrimony without Banes But who observes it who obeys it Do not Commissaries Officials Archdeacons Registers Vice-Registers and all that Tribe grant Licences and Faculties with a non-obstante to the Statute and Rubrick But with what Forehead and by what Authority If the Arch-Bishop of Canterbury or York should grant such Licences or Indulgence to dispence with the Statute a little more might be said for it if but a little But for these Fellows to sell Indulgences and Dispensations to the Statute where 's the Modesty or rather the Impudence The very same Rubrick is in the Common-Prayer-Book of 2 Edw. 6. For the said Statute gives no Privilege no Exception no Dispensation to any Man to solemnize Matrimony without Banes solemnly published three several Sundays or Holy-days in time of Divine Service where there are Churches and Divine Service said in such Parishes where the Parties inhabit otherwise they cannot be married without breach of the said Act or Rubrick except perhaps in that impediment because Necessitas vincit Legent And truly Matrimony tho not a Sacrament yet is so serious a thing so lasting when the Knot is once tied by a Priest ever lasting during Life that the Law could not safely have been made otherwise than by commanding such a solemn previous Publication in open Church in the Parishes where the Parties inhabit three several Sundays or Holy-days And then there could be no stoln-Weddings nor Infants trepann'd into Marriage without the consent of their Parents and Governors A Caution that even in the times of the late Usurpation was taken care for when the Justices of Peace did the Jobb And for Registers and Surrogates c. to take upon them to take Bond of 100 l. is so small a Penalty and the Bond so unwarrantable in Law that it signifies just nothing but to give a Man an Oath in the case is altogether illegal and punishable However it is contrary to Law in the said Rubrick But what shall be the Penalty The Judges alone shall determine according to the evill Circumstances and evil Consquences thereof So that if this Defendant be guilty of solemnizing Matrimony without Banes first published c. he hopes he may pass Scot-free in the Throng and amongst the crowd of so many and great Nonconformists But in this case this Defendant has more to say in his Vindication than all of them put together are able to