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A70721 News from Doctor's commons, or, A true narrative of Mr. Hickeringill's appearance there, June 8, 1681 upon a citation for marrying people without bannes or license, with a protestation against their spiritual court : to which is added, An essay concerning the virtue of sequestrations. Hickeringill, Edmund, 1631-1708. Essay concerning sequestrations. 1681 (1681) Wing N954; ESTC R21758 7,921 9

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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 vacan Bishopricks in their own hands righ and good reason for by 35 Edw. 1.1 the King of England are declared the sole only founders of Bishopricks and Archbishopricks c. as other great then 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 Kings and not 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 see sake come come something has some savour For some men dare in dasiance 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 dubling and have an Oar in every Boat they think there is some sport in casting the Net though it does not always bring 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 sequenstring 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 suceeded 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 and 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 Pastoratoral staff and the Ring whereby there was a wedding made betwixt him and his Church-Cathedral or mother-Mother-Church And K. Hen. 1. being requested by the Bishop of Rome to make the Bishopricks Elective resused Bak Chross but King John was glad to part with this choice flower of the Crown to preserve the Crown its self or which otherwise that Bishop had made bold to deprive him 'T is true at this day Bishops are in effect the Kings creatures I mean of his creation only and the Election by the Chapter c. is but meer fanm 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 Pope might be satisfied with St. Peter's Patrimony as big and rich as all England in Italy at least with those may happy obventions for Indulgences Jubilees Miracles Canonization Annates Installations Pensions Consecrations c. and not as he does claim and get the first-fruits also and Tenths of every Benefice in Popedom And one would think that the magnificent and extravagant charity and benevolence of those that founded and endowed the Bishopricks in England with such large Immunities Profits Honours Priviledges Mannors Palaces Country and City-houses c. might content the greediest Bishop in Christendom without shipping some part of the fleece of every flock Surely they do esteem themselves of another make another temper other mettal and of another mould than other Priests or at least that the Bishop is the man and the Rectors and Vicars but his Journey-men or Curates for so it seems to be intimated by that passage Send down upon our Bishops and ●urates and as if the Rectors and Curates in England has not as undoubted a right and Freehold in their Benefices as a Bishop in his Bishoprick which as they certainly have so they cannot be deprived or lose the same but by twelve men of their Peers according to those Statutes that one would wonder at the impudence of such as dare invade them namely 9 Hen. 3 29-25.25 Edw. 3 4-28 Edw. 3 3-36 Edw. 3.15 17 Car. 1.10 And they will certainly come within the danger of those Statutes whenever they are so venturous as to trust to their Sequestations as a Title in Law Cook Instit part 1.344 a. or think it sufficient whereupon to ground an Ejectment or dispossess any man of his Possessions whether his Title to that Possession be good or bad it is not of spiritual cognizance for a Benefice whether void or not void shall be tried by the Common-Law And God keep us all and our Freeholds from Arbitrary-sway and out of the hands shall I say clutches and paws of greedy dogs that can never have enough I mean unreasonable and wicked men who show their abilities in nothing more than being able to crush the more 's the pity I say again that they should have more power than wit or grace Thus in the days of Popery if there hapned to be in any part of the Land a supereminent piece of good land fat Meadows pleasant and stately timber'd woods a serene air a rich soil and a convenient situation and habitation then the Church-mens fingers itcht to be at it and then Hey for St. Clare St. Katharine or St. Bennet The good land was soon converted to Popery and Supersition and became the Holy land and Church-land belonging to an Abbey Priory or Nunnery of the Benedictines Franciscans Dominicans Carthusians c. And though this Spiritual Jingo Janutus is clear enough discovered in England yet still the same itch sticks to some mens fingers and they are still in defiance of Statutes mens Proprieties Advowsons and Lay-fees scratching and clawing fingering and playing their tricks and their pranks with the Leiger-demain of a Sequestration playing their Canons and Proclamations as of old most Arbitrarily against the Sacred and fundamental Statutes of the Realm and is it not high time then that they should be lookt after what were the men that occasion'd by evil counsel the Veterane mischiefs And if at this time of day they be so daring and bold when their Jurisdiction is so cripled what would they do nay what would they not do if they again retreive as some men hope their High-Commission Court without which what ever did or ever can their inferiour Courts signifie more than a May-game or to be laught at But if the Inquisition be set up again then have at the Naked Truth with fire and faggot Bell Book and Candle and with a vengeance But Dat Deus immiti cornua curta London Printed for R. Janeway in Queens Head Alley in Pater-Noster-Row 1681.