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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43638	The test or tryal of the goodness & value of spiritual-courts in two queries: I. Whether the statute of I Edw. 6.2. be in force (against them) at this day, obliging them to summon and cite the Kings subjects (not in their own names and styles, as now they do, but) in the name and stile of the Kings Majesty (as in the Kings Courts Temporal) and under the seal of the Kings arms? II. Whether any of the cannon-law, or how much of the cannon-law is (at this day) the law of England, in Courts Christian? Highly necessary to be perused by all those that have been, or may be cited to appear at Doctors Commons. By Edm. Hickeringill.	Hickeringill, Edmund, 1631-1708.	1683 (1683)	Wing H1829; ESTC R216804	57,574	47

Persecution are all short liv'd But I am sure some Ecclesiastical-men have not so much as the Letter of the Law to justify their Sell-Soul-Trade Oppressions Illegal Fees Vexations Symony and Extortions wherein they are far less justifyable than vile Bonner Oh! Does our Bibles teach us Symony or to take money for the Gifts of God that are not to be sold nor purchased with money Does Christ or his Apostles teach us to exercise Dominion like the Princes of the Gentiles and to Lord it over Gods Heritage Simon Magus attempted it but to cheapen and ask the Price of the Gift of God but did not actually sell it However we do not read that he intended to be twice paid But it is contrary to our Canonical-Oath and your own Canons to take or give money for Letters of Orders Sacraments Institutions B●ptings Marriages Burials c. and contrary to our Oath against Symony or selling or purchating Gods Gifts How are we 〈◊〉 What Oath have we sworn to keep There is yet one even most thumping Objection behind and unanswered which the Lord Coke seems to lay the greatest Stress upon and did most prevail with the Lord chief-Baron and others to get it hush't down and laid after the ●wo Lord Chief-Jus●●●●● could not deny but it begun to be reviv'd and walk again since 1 Jacobi To the great T●●rour of the ruling Priests Commissaries Officials Jaylors Registers and Summers for 〈◊〉 Trade seem'd to begin to fail but for one main Argument or Cord that seem'd to bind it down again viz. Object It would be great Scandal to the Kings Justice yea verily if there had been no Legal Priests and Bishops made for three long years together with other Inconveniences to boot if the Statute of 1 Edw. 6. 2. should be in force and therefore it must not it shall not it cannot be in force Answ This Objection is like the Rancounter of a ●●ayl there is no ward they think no fence against it and it is really so if the Law of England be Club-Law Object Was it a Scandal to have no Legal Bishops nor Legal Priests constituted for three long years how great then would the Scandal be for 70 long years say they Answ But My friends a Consumption or Gangrene is never the better but the worse more Inveterate more noysome more Dangerous and more difficulty cured by Continuance Did ever any man plead for the Expediency of an Vlcer because it was an old sore Is not the Continuance thereof the ready way to bring it to a Gangrene to the hazard of mortifying the part and threatning most formidably the Hazard of the Vitals and noble parts Never did Illegality or a Disease plead Seniority rationally for its Justification Is it a Scandal and attended with great Inconveniencies 'T is granted and it is too true What then What is to be done with it that is the next question and most necessary to be decided Is it a Scandal the more need there is of a speedy Removal of the Scandal such an old Scandal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Scandalum is a Greek word and it properly signifies a Threshold or stumbling block and Metaphorically all things that offend or lye in our way are called Scandals Now what shall we do with his block or Threshold or Scandal The Answer is most Easy Lay the block or the Threshold at the right Door whereto it belongs and appertains CHAP. IX DOes the Revival of this Statute put us again into the true Protestant dress does it take away the Conge Deslires and Elections thereupon which 1 Edw. 6. 2. says are in very deed no Elections but meer Colours Shadows and Pretences of Elections serving nevertheless to no Purpose and seeming also Derogatory and Prejudicial to the Kings Prerogative Royal c. Is the Kings Supremacy and Authority Ecclesiastical best asserted and avowed by his Name Stile and Armes in all Writs Original or Judicial in Ecclesiastical-Courts as well as they are in Temporal-Courts Then why should not Prelats and their Ecclesiastical Courts conform themselves and be as tender of the Kings Prerogative Supremacy and Authority in Ecclesiastical as well as Temporal Causes and Courts if they have not some Secret Reserve in the hollow of their Breasts why should they not be for the King as well in things that thwart as well as in things that make for their Interest if they be so Loyal in things that serve their own turnes Interest Power Grandeur and Dominion Is it a Scandal Remove it lay it at the doors it properly belongs unto If they be not Legally Constituted what then why then let them be Legally Constituted and if there be the more Vacancyes there will be the more first-fruits and Fees for Letters Patents They may the better afford it if they have had such stately Revenues so long illegally And what harm of all this Oh! say some A very great harm this would be a Confession of Guilt and a Confession of Sin and errour an old Sin an old Errour What then This is the first time that ever I heard that Confession of Sin was a Crime Oh but it argues such an Vniverssal Error why whoever said the Prelats are insallible in Spirituals much less Temporals we read of great Mischiess that have enshed by their buzzing at C●●●●ong agoe and busying themselves with Politicks It had been much better for them 〈◊〉 for Princes too that Bishops had kept themselves to their Bibles And neither 〈◊〉 the World would have been so plagu'd with their Heats which like fire out of the Hearth 〈◊〉 has sometimes Consumed then Warmed having done Mischief unspeakable but what good 〈◊〉 this only my own Observation I learnt it from no worse man than a Bishop nay an 〈…〉 I mean Matt. Parker Arch-bishop of Canterbury in good Queen Elizabeths days who in his 〈◊〉 Intitled Autiquitates Britannicae speaking of the times of K. R. 1 and the Pranks of Hubere 〈◊〉 Arch-bishop of Canterbury has these words Neque enim si verum Judicarc Volumus in Republica Christiana quicquam sani atque Integri Saculum illud tulit Fictaque et Adusnbrata Religionis specie Proposita totus Clerus in Sceleribus Muneribus honoribus et Rapinis Neglecto penitus Verbo impune Volutabat Hujus mali Origo ab hoc Prosluxit quod contra Orthodoxorum Patrum Decreta Clerus Nimium Mundanis se Negotiis Immiscuit Nor was there if we will Judge aright in that Age anything left sound or as it ought to be in the Christian Common-wealth for the whole Clergy under a feigned and outside form of Religion did with Impunity Wallow like Swine in Wickedness Briberies Honours and R●pines altogether neglecting the Word of God The Original of all which Mischiefs was this becauss the Clergy contrary to the Decrees of the Orthodox Fathers would needs be thrusting themselves into and intermedling with Worldly Affairs Then he goes on to shew a fearful Example of Gods Vengeance upon one of

our Lives if that Branch of that Statute be in force In the Interim God keep me out of the enemies clutches though For I think I know sufficiently what Ecclesiastical Clemency is if they get a man at their mercy women and timerous men are said to be most cruel when they get a man down they never think themselves safe till he be made sure for ever rising up again but if they had not run to Westminster-Hall cry'd out there for help against me I could have dealt well enough with them till they had been Tyred nay They knew it as well But no more of that at present for their business was never so fully and compleatly done as now Take my word for it CHAP. III. THe Branch of the said Statute 1 Edw. 6. 2. now to be considered is this verbatim BE it therefore further Enacted by the Authority aforesaid That all Summons and Citations or other Process Ecclesiastical in all Suits and Causes of Instance vetwixt Party and Party and all Causes of Correction and all Causes of Bastardy or Bigamy or Inquiry de Jure Patronatus Probates of Testaments and Commissions of Administrations of Persons deceased and all Acquitcances of and upon accounts made by the Erecutors Administrators or Collectors of Goods of any dead person be from the first day of July next following made in the name and with the style of the King as it is in Writs Original or Iudicial at the Common-Law And that the Teste thereof be in the name of the Arch-bishop or Bishop or other having Ecclesiastical Iurisdiction who hath the commission and grant of the Authority Ecclesiastical immediately from the Kings Highness And that his Commissary Official or Substitute exercising Iurisdiction under him shall put his name in the Citation or Process after the Teste Furthermore be it Enacted by the Authority aforesaid that all manner of Person or Persons who have the exercise of the Ecclesiastical Iurisdiction shall have from the first day of July before expressed in the Seals of Office The Kings Highness Arms decently set with certain characters under the Arms for the knowedge of the Diocess and shall use no other Seal of Iurisdiction 〈◊〉 wherein his Ma●esties Arms be ing●●●en upon pain that if any person shall use Ecclesiastical Iurisdiction after the day before expressed in this Realm of England Wales ●● other his Dominions or Territories And not send or make out the citation or process in the Kings name or use any Seal of Iurisdiction other than before Limited That every such Offender shall in●●●● and run in the Kings Majesties Displeasure and Indignation and suffer Imprisonment at his Highnesses will and pleasure Now what is there in all this that should make a man loth to act in the Name and Style and Seal of the Kings Majesty and not in the old method when a Priest was the head of the Church if there were not something in the hollow of his Heart They do not pretend as aforesaid that their Spiritual-Courts are named in God's Word if therefore they be the Kings-Courts what in the name of goodness makes them unwilling that their Processes Citations and Summons Ecclesiastical should not as other Writs Original or Judicial in the Kings Common-Law Courts run in the Name and Style and Arms of the Kings Majesty Edward 6. was the first Protestant-King since the Reformation For though King Henry 8 as I said Reform'd the lustful Monasteries yet he neither reform'd his own life thereby nor his Popish opinions But his Son was likely to be a happy Instrument of good to this Nation Whatever Doctor Heylin the darling Advocate of some Bishops have had the Confidence to Print to the contrary who in the Epistle before his pretended History of the Reformation expresly affirms That he cannot reckon the death of King Edward the Sixth for an Infelicity to the Church of England How Sir was it not an Infelicity to the Church to lose such a King To have the hopes of a glorious Reformation ●●pt in the very Bud To have a fearful deluge of Blood and Idolatry rush in upon us by a Popish Successor But what will not the Craftsmen of Ephesus say when they fancy their Shrines in hazzard And how ready alas are such as think Lordships and vast Revenues and dominering power the Churches only Felicit●●s to Reproach and Scandalize even in Sacred Princes the clearest Innocence and the most solid Piety and the brightest Zeal But God he thanked this Censure of Noble King Edward of Blessed Memory is but one Doctor 's opinion and I know not an other honest Protestant at home or abroad that will subscribe to it The very first Statute that the Parliament made as I said before in this good Kings Reign was this that we are now considering except one onely concerning the Blessed Sacrament and receiving it in both kindes with which they as piously begun and their next work was this Regulation of Spiritual-Courts For it seems very absurd that if the Ecclesiastical-Courts be the Kings-Courts and not the Prelates-Courts which they dare not in plain words deny That the Writs thence Issuing should not be in the name and style of the King the Ecclesiastical-head as well as the Temporal Nevertheless never since King Edwards Reign could the Prelates be perswaded to act in the Kings-Name but in their own Every thing would gladly be Independent and Noun Substantives And like reeling ●●unkards scorn to be held up though they cannot stand by themselves And though this Statute was Rep●●●●d in the next Reign by a Popish Successor yet King James in his first Parliament In the first year of his Reign reviv'd this Statute by making void the Force of that Statute 1 Mar. 2. whi●● had long held it under Restraint and made it Motion-less But those band being Loosned by Repeal of 1 Mary 2. in and by vertue of the Statute prim Jacobi cap. 25. It was thought to be reviv'd by the two Lord Chief Justices at the first in the fourth year of King James But when the Lord Chief Baron and other Judges had consider'd the Prejudice that might redound to the Kings Subjects if some Diocesses had no Lawful Bishop and consequently all the Priests ordained by such Bishops at least as were made since the first of the King namely the three last years must be Illegal Priests and Illegal Bishops And many other Inconveniences must ensue if the 1 Edw. 6. 2. should be deemed to be in force to the great Scandal and Impeachment of his Majesties Justice which together with the great Influence the Bishops had at Court In the three last reigns together with the Terror of the High Commission Court The business was Hush't up pretending that it was repealed and bound down with a three fold Cord as Coke is pleased to phrase it 2 Instit. fol. 685. or three after Statutes viz. 1. first by 1 Mar. 2. Secondly by 1 and 2 Phil. and Mary 8. Thirdly By 1 Eliz.

heretofore used c. so that they be not contrary to the Laws of the Land Wherefore here is apparently Petitio principii and the Learned Coke first prevaricates in reciting the Statute and yet leaves out the material words that limit it well knowing that otherwise this fallacy would be discern'd in begging the Question For he would prove Processes Ecclesiastical used as in Popish times to be legal by 25 H. 8. 20. so that such Processes be not contrary to the Law of the Land Taking it for granted that 1 Edw. c. 2. is not the Law of the Land quod restat probandum He clearly begs the Question taking that for granted which is the point in controversie and which he ought to prove by other mediums than what is in 25 H. 8. 20. because that Statute authorizes no Processes but what are according to Law and therefore much less can it make any Law voyd or be a cord to bind that wherewith its self is limited bound and confined I know he sets up the 1 Eliz. 1. like a Shrove-tide Top only that he may play at it and throw it down but we need not fly to 1 Eliz. 1. there 's no occasion for its repeal of 1 2 Phil. Marry 8. as to this particular yet it does repeal it The first and strongest and onely Cord that he confesses did bind it was but only temporary during its own force and whilest it had strength for how could it bind any thing any longer than its own power and vigour lasted But 1 Edw. 6. 2. reviving as he confesses by 1 Jacob. except it have been repealed since primo Jacobi It seems without further question or controversie to be in force And above all which accurate Lord Coke never mentions and would not at least did not think of he needs no other arguments to defeat his own three cords but his own arguments onely turning the poynts of them against himself For if an after-Act shall vacate all former Acts that are contrary to it and if the Life of 25 H. 8. 20. shall be accounted an after-Act to 1 Edw. 6. 2. though its first life was before it bearing date only from 1 Eliz. 1. the author and cause of its present life and motion which is also as true as that causa est prior effectu So also by the same reason must 1 Edw. 6. 2. be an after-Act to 1 Eliz. 1. 1 2 Phil. Mar. 8. 1 Mar. 2. 25 H. 8. 20. bearing date primo Jacobi the Author and cause of its present life and motion and therefore must make them null and void in every thing that is contrary to 1 Edw. 6. 2. revived 1 Jacob. And if this can be answered by all the men in England I will for ever hereafter throw away my Pen and forfeit my Reason to the Master of New Bethlehem And indeed that is the fittest place for me if the force of this so long-abused Statute be not here made evident to all rational men But on the contrary Bedlam is the fittest place for them that have insolently contemn'd and trampled on this Royal Statute and thereby brought such a horrible Scandal and Inconvenience if it be in force For if that Statute be in force how many lawful Bishops lawful Priests or lawful Ecclesiastical Courts have we in England But let the great Scandal lye at the right door whereto it belongs and let them that have been guilty of the sin bear also the Shame and the blame and be accountable for so great a Scandal and punisht accordingly look to it the Laws are too hard for all Opponents whoever they be in conclusion and at the upshot therefore it concerns some people to fence with all their force and might and all to no purpose but their own Confusion How can a corrupt Tree bring forth good fruit CHAP. XVII AND now I have done my business and also I have done the business of some Ecclesiastical men to all intents and purposes some will say and have shown what sad fellows they are though I confess some of them are my fellows yet I blush for them and should blush more to be seen in some of their Companies yet I care not how soon now I come into their clutches if their Nails were pair'd so short so short He that values any thing more than Christ Christ sayes is not worthy of him much more unworthy of him are those that value their Malice and Revenge more than the Propagation of the Gospel 'T is well that God is and must be just and therefore there must be another day of Reckoning in another World where Truth shall not stand at the Barr and be Arraign'd whilst Hipocrisie Symony Atheisme Debauchery Cruelty and Dissimulation sits on the Bench. But Gods Will be done on Earth as it is in Heaven he best knows what is best for us in this Life nor would I eat of some mens dainties to have their Bosoms Cares Terrours and Distractions here though I might be excus'd from paying their Reckoning in another Life 'T is true God hates Hipocrisie and it will never do a man good in another Life But in this Life It is as good as true Religion to such kind of States-men and Machiavilians as make no other use of Religion but in Policy and to amuze the vulgar A Horse painted in cloath which is not perspicuous is as good as a living-stalking-horse to catch Woodcocks that cannot see thorow it Hypocrisie then is good for something it will serve to catch Woodcocks in a State if it be so Substantial that the Woodcocks do not see thorow it but if it be apparently and visibly Transparent it is useless and good for nothing in the World it will not serve so much as to cheat withall no more than false dice after they are discovered apparently where and how even so any Church though it be not true yet if it retain but the face of Religion and look like Piety to see to it will serve well enough in States-policy where they are indifferent and careless for any more than to set a good face upon the matter as at Rome But that Church that retains not so much as the face of Piety but that it is a step to Preferment but to pretend to Piety or look soberly and demurely when the very outside Hypocritical-mask and Vizard of Religion is quite thrown off and cast aside through palpable and apparent Symony extorting Money for Gods Gifts for Ordinations and for all Gospel Ordinances to the daily and constant and apparent breach of their Oaths against Symony and their Oaths of Canonical Obedience and also through their Avarice Malice and Worldly-mindedness above all other People Pride Insolence and Cruelty above all other People Formality Dulness and coldness in Devotions above all other People Loosness of Conversation Oppressions and Extortions above all other People fighting against their Adversaries to wreak their Malice serve a turn or State-job and mischief

God send thee good deliverance for thou art in evil handling and the Devil has got a strong hold of thee therefore beware all ye that are Ministers of Christ beware Prelates Note by the way that by Prelates I mean what our Canon-Laws mean generally by Prelates namely all Clergy-men that have cure of Souls For which cause I have here sometimes put my self into the number calling my self we Prelates in good time as if I was proud of the Title to be Cock of three for not more than three Parishes if I would be mischievous are under my Jurisdiction Ecclesiastical and therefore no man in his Wits can think that I have so little Wit as to be proud of that I have all along expos'd and care not one farthing for much less do I call my self Prelate in hopes to beggar any man that may hap to Scandalize my Hogen-mogen-Ecclesiasticalship but I call my self Prelate as the Canon-law calls me namely Benefic't-Clergyman for all such are Prelates by Law not for Prelating or being preferr'd one above another so much condemn'd and sorbid by our blessed Saviour to all his Disciples but because they are Preferr'd over the Flock in the Care Cure and Charge thereof and is a name of Burden more than Pride So the Canon de Sacramentis Iterandis vel non Sacramenta quorum Dispensatores sunt Prelati Ecclesiae Sacraments the Dispensers or Administrators whereof are the Prelates of the Church that is all Presbyters with cure so sayes the Glosse Praelati Ecclesiae Hic vocantur Praelati nedum superiores ut Episcopi sed etiam inferiores ut Archidiaconi Presoyteri Plebani Rectores Ecclesiarum postea quilibet qui praeest curae animarum dicitur esse Praelatus c. Prelates here called are not only the high flown as Bishops but the Inferiour-Clergy as Archdeacons Countrey-priests and Rectors of Churches and indeed all that have cure of Souls And if these lights be darkness how great is that darkness if these be corrupt what a nasty lump it is how Nauseous how Pestiferous how Infectious how Mischievous how contrary to the very letter and design of the third Commandment if the Name of God in their Profession Caliing Preaching and Prayers is Blasphemed by them daily by taking it in Vain through palpable Symony Perjury Pride Avarice Cruelty Malice and Revenge Therefore the Glosse upon the Canon-law de Officio Archipresbyteri concerning the duty of an Arch-priest does not only call wicked Prelates greedy Dogs that can never have enough but ravening Wolves malus Praelatus aliquando dicitur Lupus rapiens Praedam 83 di nihil An evil Prelate is sometimes called a Wolf snatching and devouring his Prey Quandoque Canis Impudicus 2 q. 7. qui nec sometimes a nasty Cur or unclean Dog Item Corvus 2 q. 7. non omnis a meer Rook Item sal infatuatum ad nihilem proficiens 2 q. 7. non omnis also Salt that has lost its savour and good for nothing in the World but the Dung-hill meaning perhaps that as in their Lives they seem only to be born fruges consumere nati to make Victuals dear by eating them up so they are useful for nothing but to make muck of to manure the Land with such filth and so like Hoggs they 'l be good for something when dead though good for nothing but to eat devour and do Mischief whilst they live therefore an evil Prelate is call'd a Hog Porcus 43 di in mandat Nay 35 di Ecclesiae Principes an evil Prelate is called a Capon Capo quia sicut capo non cantat sic nec malus Praelatus item non generat nec pugnat pro subditis item sicut Capo non vocat Gallinas sic malus Praelatus non vocat pauperes item sicut Capo se impinguat sic malus Praelatus ideo cùm quaerat epulis deliciis abundare ejicietur in ignem inferni that is As a Capon crows not so neither does an evil Prelate lift up his Voice like a Trumpet neither does he encrease and multiply the Brood nor yet fight for them but Craven-like possibly fight with those that are under his charge also as a Capon calls not the Hens about him chocking them to feed so neither does an evil Prelate call the Poor Also as a Capon sats himself so does an evil Prelate and therefore when he thinks of nothing but cramming himself with his dainty Morsels he shall be thrown into Hell Fire and then for all his Flutter he makes but a sad and miserable Exit For all Mischief like Cruelty and Persecution makes a Rod for its own back and becomes its own Executioner as well as its own Scourge Had not hard-hearted Pharaoh think you been a wiser man as well as a better man if he had been less mischievous for by losing the Bowels of humane Compassion he lost himself and his Party all that sided with him were not only partakers of his Sins but of his Plagues also perishing in the same woful end If I can do my Brethren a Courtesie you may be sure I will What not a Legal Bishop nor Legal Priest in England God forbid that must never be admitted and therefore though the Lord Coke's reason for 25 H. 8. 20. seems of no force at all yet 8 Eliz. 1. seems to cure us all if his Majesty please I hope we are all safe still the Judges only ought to determine it But what 's all this to justifie the Contempt of that Branch of the Statute 1 Edw. 6. 2. that enjoyns the use of the Kings Name Style and Seal in all our Processes Ecclesiastical Certificavit's and Significavit's ●●sor neither 1 Eliz. nor 8 Eliz. touches that or if it did as it does not Quere Whether the Revival of 1 Edv. 6. 2. by 1 Jacob. shall not obviate it But to admit the other Branch of the Statute to be in force would be a horrible wide Scandal yet not so great a Scandal but many greater have been let into the Romish Church when the Heads happened to be like the wooden Heads in a Carvers Shop Brainless Bishops Priests and Deacons are lawfully Consecrated by 8 Eliz. 1. at least by 14 Car. 2. 14. but whether they be legally elected to this or that Cure or Title is a Point of which I will not give any Opinion nor meddle with it one said well they are Legales ad Officium quales quales sint ad Titulum Was not the holy Chair well lin'd against Errour when that Monster of men and Opprobry of the Church as Cardinal Baronius calls Benedict 9. was made Pope at twelve years of Age by means of his Fathers Interest and Subtilty the Marquess of Tuscia That Pope being skill'd in nothing but the Black-art being found dead and strangled in the Woods by Devils as Cardinal Benno affirms Platina calls him the wickedest and most mischievous of all the Popes but he that reads the sad Character he gives of