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

Grandeur of a 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 fetch 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 Barretry 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 Bishop 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 whil●st 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

thereby 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 Profits 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

Bridge Clerk Rector of Wivenhoe in the County of Essex aforesaid and his Parishioners did within the time aforesaid endeavour to Animate and Incense the said Parishioners or some of them against their said Rector and proffer'd that if they would give or pay you twenty pounds you would rout the said Mr Bridge from the said Living or from amongst them or to that effect Pot. tamen de qualibet alia summa 3. Item We Article and Object that you the said Edmund Hickeringill do know believe or credibly have heard that Samuel Harris Clerk was and is the lawful Vicar of the Vicaridg of Fingringhoe in the said County of Essex and by vertue thereof rightly instituted to the small Tythes belonging to the said Vicaridg and that notwithstanding the Premises you the said Edmund Hickeringill have stirred up and forewarned several of the Parishioners of the said Parish not to pay their small Tythes to the said Vicar on purpose to stir up contentious Suits between the said Vicar and the said Parishioners And this was and is true publick and notorious and so much you the said Edmund Hickeringill have confessed and acknowledged to be true Et Objicimus Articulamur ut supra 4. Item We Article and Object that you the said Edmund Hickeringill do know believe or have credibly heard that within the time aforesaid the Tythes Profits and Emoluments of and belonging to the Parish-Churches of St. Botolphs and St. Leonards in Colchester being both void of an Incumbent are by vertue of a Sequestration for each of the said Churches rightly and duly committed and granted by the Right Reverend Father in God Henry Lord Bishop of London to the Custody of the said Samuel Harris Clerk and that he is rightful and lawful Sequestrator of the same and that by vertue of a Licence or Licences under the Seal of the said Bishop the Cure of the Souls of the Parishioners and Inhabitants of the said respective Parishes are rightly and duly committed and granted to the said Samnel Harris And that notwithstanding the Premises you the said Edmund Hickeringill have forewarned several Parishioners of the said Parish or one of them not to pay any Tythes Dues or Duties to the said Mr. Harris And more particularly by a Note under your Hand bearing Date the sixth of April 1681. Directed to the Parishioners and Inhabitants of the said Parish of St. Botolphs have promised to save harmless and indempnifie all the Parishioners and Inhabitants of the said Parish in the payment of their Tythes Offerings Obventions and Oblations unto you against all men living And likewise by another Note under your Hand bearing Date the 16th day of March 1680. have promised and engaged unto one Robert Gibson of St. Leonards in Colchester aforesaid Baker to desend him and save him harmless in the Possession of the Parsonage-House of St. Leonards aforesaid upon condition he pay unto you the Quarterly Rent of twelve shillings and six pence so long as he holds the same notwithstanding the said House belongs to the said Mr. Harris by vertue of the said Sequestration And that if he be ejected or troubled by Suits at Law you will bear the charges of the said Suit and will also bear the charges of erecting an Oven there if he be forced out of the Possession thereof by due Course of Law before Christmas next after the Date of the said Note he paying you fifty Shillings at Christmas next if he be in the Possession of the same Parsonage-House and do not relinquish the same 'till forced thereunto by due Order of Law or to that effect Et Objicimus Articulamur ut supra 5. Item Objicimus Articulamur that notwithstanding the said Mr. Harris is Licensed by the said Bishop to serve the said Cures of St. Botolph and St. Leonards aforesaid yet you the said Edmund Hickeringill in contempt of the Authority of the said Bishop your Ordinary have threatned the Sextons of the said Parishes or one of them that you will ruin him or them if he or they give notice to the said Mr. Harris of any business concerning the Ministerial Function to be done or performed as Christning Marrying Burying or the like in the said Parishes or either of them and that you have several times or at least once disturb'd the said Mr. Harris in doing and performing his Ministerial Function in the said Parishes or one of them in one or more of the Holy Offices aforesaid to the great scandal of our Ministerial Function and of all good people in and about Colchester aforesaid And this was and is true publick and notorious Et Objicimus Articulamur ut supra Item Objicimus Articulamur that you the said Edmund Hickeringill do know or have heard that by the Canons and Constitutions of the Church of England in that behalf Published and Established no Minister upon pain of suspension per triennium ipso facto shall Celebrate Matrimony between any Persons without a Faculty or Licence first in that behalf lawfully obtained except the Banes of Matrimony have been first Published three several Sundays or Holy-days in the time of Divine-Service in the Parish Churches and Chappels where the said Parties dwelt according to the Book of Common-Prayer And that every Minister who shall hereafter Celebrate Marriage betwixt any Persons contrary to the said Constitutions or any one of them under colour of any peculiar Liberty or Priviledg claim'd to appertain to certain Churches and Chappels shall be suspended per triennium by the Ordinary of the Place where the offence shall be committed as by the said Canons and Constitutions Ecclesiastical it doth more plainly appear Et Objicimus Articulamur ut supra 7. Item Objicimus Articulamur that notwithstanding the Premises you the said Edmund Hickeringill in contempt of the said Canons and Constitutions did in the Months of March April May June July August September October November December January February and March in the Years of our Lord 1678 1679 1680. And likewise in the Months of March April and May 1681. And in all some of one of the said Years and Months without any Licence or Faculties in that behalf first obtained or Banes Published and Denounced as is enjoyned by the said Canons and Constitutions and by the Book of Common-Prayer by Law established in the Church of England Solemnize or rather Prophane several Marriages between several persons and more especially between James Abel of the Parish of St. Leonards in Colchester aforesaid and Anne Burnham of the same Parish And also between John Shepheard of the Parish of St. Leonards aforesaid and Damaris Gillings of the same Parish And also between Edward Hartley of the Parish of St. Botolphs in Colchester and Mary Groom of the Parish of St. Leonards aforesaid And also between Daniel Steers of the Parish of St. Mary Magdalen in Colchester aforesaid and Ann Bloome of the Parish of St. Leonard aforesaid And also between Richard Potter of

mark that 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 well as bowing 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 AGain 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 evil 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

grace then also and not 'till then more Power An Essay concerning Sequestrations by Edm. Hickeringill IF ever any Rags of Popery remain in a Protestant Constitution and Government some think that old Popish Invention called Sequestration will still stand up and plead for its self Sequestration is a term of Art well known in the late Times namely when Lands in controversie or dispute or in Abeyance or in nubibus are put into the hands of an indifferent person or persons to retain the rents and profits or take them into custody till the controversie be decided and till there be a lawful Incumbent by Institution and Induction or if a Donative until the Patron do bestow the same upon a Clergy-man Sequestration is a Roman word and honest enough if it had not been so often abus'd and where Arbitrary Government as in the late times comes in fashion it is of use of wicked use For Silent leges inter arma we must not talk of Laws of the ancient and fundamental Laws of England when either War Force Popery or its Twin Arbitrary Government comes into play and is on the winning-hand The Pope had a Trick of old when any Bishoprick or good Living became vacant it should go hard but he would have a snip out of it before he put in a new Incumbent and this taking the Benefits into his own hand he called Sequestration that is keeping the profits in an indifferent hand to be ready for the next lawful Incumbent having some respect in the interim in making some provision for the Cure answerable to the profits of the vacant Benefice The Kings of England and the Pope have of old had many a shrowd and weary Tugg for the Profits in the Vacancies of Bishopricks c. But King Hen. 8. and his own Daughter Qu. Eliz. that set the Pope at Defiance made bold to keep the Profits of the vacant Bishopricks in their own hands right and good reason for by 35 Edw. 1.1 the Kings of England are declared the sole only founders of Bishopricks and Archbishopricks c. as other great men of the Realm and Lords of Mannors c. endowed the Parish-Churches and therefore the custody of the Profits of the Benefice in the Vacation belongs to the Patrons and of the vacant Bishopricks to the King and not to the Bishops by 25 Edw. 3. Anno Dom. 1350 and by the Statute of Carlisle 35 Edw. 1.1 How comes the Pope then and Bishops to be so busie in sending out Sequestrations in every Vacancy why some men love to be doing if it be but at small games they 'l play rather than stick out and send out Sequestrations if but for the fee sake come come something has some savour For some men dare in defiance of the said Statute take upon them to Sequester the Profits of vacant Benefices which the said Statutes do aver to belong to the Patrons in these very words 25 Edw. 3. Kings Earls Barons and other Nobles as Lords and Advowees have had and ought to have the custody of such voidances Besides men that love to be dabling and have an Oar in every Boat they think there is some sport in casting the Net though it does not always bring store of Fish in 't But a main reason certainly is That they cannot endure to hear that Ecclesiastical Profits should come into though they came out of Lay-fingers And therefore a heavy-do they kept the Bishops with Q. Eliz for keeping the Bishoprick of Ely so long vacant and sequestring all the stately Mannors Rents Revenues one of the best in England at that time and putting the moneys thereof as at this day into a place that often needs the same the Exchequer Putting off the fretting-Bishops with a Complement namely that she kept the said stately and rich Bishoprick vacant so long as only till she could find a man fit for it And the man that fitted her pretensions that is would be content to part with the said rich Lordships Rents and Revenues and in lieu thereof take a Pension was the man for her purpose resigning all to the Crown from whence they came and that chang'd the rich Abbey of Ely into a Bishops-See in the reign of Hen. 1. and in exchange contented with a yearly Pension out of the said Exchequer in ready money when he gets it Thus Hen. 1. kept the Archbishoprick of Canterbury by Sequestration from the death of Anselm five years till Rodolph a man for his turn succeeded that Rodolph that would not consecrate Thurstan Archbishop of York except he would swear obedience to him in the See of Canterbury Thurstan scorn'd the motion and the Pope took part with Thurstan and bid him not yield an inch but Rodolph endeavour'd to be above him and the King took part with Rodolph but to no purpose for the King was glad at length to connive and submit Nay that I 'le say for the Clergy in Popish times and foppish times they shall justle for the place and bustle for profit where there 's any to be got as well as the best carnal Lay-man of them all And the true reason in Law why the King Nobles Patrons c. ought to have this Priviledg which the Pope and Bishops have long usurpt is saith my Lord Cook because the King is sole founder of Bishopricks Instit 1 Part p. 344. and Patron of Benefices and at this day all Donatives which the King creates shall for this reason be visited by the Chancellor not the Bishop nor Arch-deacon And if the King license a subject to erect and found a Church or Chappel it is to be visited by the founder only not by the Bishops And by parity of reason the Churches and Chappels of dissolved Monasteries are to be visited by the owners only that bought and paid for them And for like reason Kings of England before the Pope's Usurpation as sole owners and founders of Bishopricks did deliver to the Bishop-Elect the Crosier or Pastoral staff and the Ring whereby there was a wedding made betwixt him and his Church-Cathedral or Mother-Church And K. Hen. 1. Bak. Chron. being requested by the Bishop of Rome to make the Bishopricks Elective refused but King John was glad to part with this choice flower of the Crown to preserve the Crown its self of which otherwise that Bishop had made bold to deprive him 'T is true at this day the Bishops are in effect the Kings creatures I mean of his creation only and the Election by the Chapter c. is but meer form but still the Chapter at this day does not part with this shadow as neither with their grants of Sequestrations Licenses to Preach Ecclesiastical Court-keeping demand of Synodals Procurations exacting Fees and Oaths from Churchwardens unconscionable Oaths like the c. Oaths and impossible to be kept all all shadows that still they dote on how illegal soever and ridiculous to all unbiast and knowing men One would think the