these Words On a Rock consisting of these Sands stands our mighty Champion triumphing with his Naked Truth c. And truly if our mighty Champion stand thus Triumphing upon a Rock made of Sands It is the first Rock made of Sands that ever was seen in the World before I have seen great hills of Sands but never a Rock consisting of Sands before for lively and natural expressions and tough and sinewy Arguments 't is the very None-such of the D. D Come confess ingeniously Is there not more and better Heads then your own in this Elaborate Work Is it not the Six Months labour of a Prelatical Smectimnuus or Club-Divines Now for his Rancounter CHAP. II. Wherein very Majesterially he asserts contradictorily In defiance of the said Propositions and Rocks of Sand That Our Ecclesiastical Jurisdiction in England was not derived from the Pope but from the Crown before the Reformation by Hen. 8. Sed quomodo probas Domine D. D First by begging the Question Petitione Printipij And asking sternly and demanding in 8 bold Questions first Dare any Protestant stand to the contrary c. So that he has got Mr. Hickeringill upon the Lock and upon the Hugg the Devonshire and Cornish Hugg Hang or Drown'd there 's no escaping yield or confess your self a Papist concluding that to say so is not more like a Hobbist than a Papist I thought I had caught a Hobby but War-Hawk To which I 'le onely say that as Seneca in his Epistles to his dear Lucillus speaking of Harpast his Wives Fool a poor ridiculous creature That if he had a desire to laugh at a Fool he need not seek far for he could find cause enough at home to laugh at himself so you Mr. quibling Archdeacon need not be at charge to keep a Jester you may find one ridiculous enough within the Corps of your own Archdeaconry Hobby-War-hawk But then he falls and grows calm and leaves this bold Italian way of Regginâ—… and comes to his proofs First Then our Ecclesiastical Jurisdiction was not derived from the Pope but from the Crown before H. 8. because it was a known Law 25. Edw. 1. and 25. Edw. 3. long before Hen. 8. that the Church of England was founded in Episcopacy by our Kings c. and not in the Papacy 1. I always thought till now that our Church of England I know not for his Church of England was neither founded upon Episcopacy not the Papacy but on Christ the Rock of Ages 2. The Popish Episcopacy in the said two King Edwards time and the Papacy were one and the same piece the Pope the Head they the Members and derivative from him influenc'd by him and would never obey our Kings further then they list as appears by stout Robert Archbishop of Canterbury another Becket And though the Kings made bold to recommend an Archbishop or a Bishop to the Pope yet the Pope Invested and chose whom he list the greater Usurper he but who did or could help it till stout King H. 8. did behead the Pope and made himself by Parliament Head of the Church 'T is true Rome was not built in a day and neither did nor could extend its Suburbs and Commands as far as England till William the Conquerour the Pope's Champion and who fought under the Popes Banner which he sent him for the Invasion of England did with his French and Normans and all Gatherings bring with his French and Italian Troops the French and Italian Laws and the French Mode of Ecclesiastical Polity and Jurisdiction And therefore 't is rightly noted that 'till Will. the Conquerour there was no Bishops Courts or Ecclesiastical Courts but the Hundred-Courts the onely Courts of Justice in England in all Causes Ecclesiastical and Temporal But the Pope made his Champion Will. the Conquerour and all succeeding Kings after him till H 8. set up such Ecclesiastical Courts and Jurisdiction as were at Rome wherein they Judged and proceeded according to the Popes Canon-Laws and he himself was the Head and Supream of those Courts and nothing more frequent then Appeals to Rome till the 24. Hâ—n 8.12 ordain'd that there should be no Appeals thither where he had emptied so much of his purse and yet could not obtain a Divorce to his liking if appeals to Rome from our Ecclesiastical-Courts then they were onely Romes Inferior Courts And was there ever any Statute made from Will. the Conquerour or rather Hen. 3. to Hen. 8. but by the consent of the Popish Clergy that is to say the consent of the Pope their Head whose Laws they obey'd in defiance of their Leige-Lords and Soveraign Kings I know there was old Tugging frequently betwixt our Kings and the Popes and sometimes the staring people cryed Now the Pope then in hopes Now the King has got is but if any stout King did as they did try for Mastery with this Whore and who should wear the Britches yet Pope Joan or Pope John or howsoever nam'd always got the better at long run Of which I will Instance in some few particulars that first occur and come to mind for I scorn to spend so many days as this D. D. with his Smec-conjoyn'd has been Months in Labour for the production of his Ridiculus mus Robert Kildwardby Archbishop of Canterbury 6. Edw. 1. Fleec't the whole Province of Canterbury namely the greatest part of the Kingdom of England by his Provincial-Visitation not by down-right plundering of the Clergy Church-wardens and the poor and rich Sinners he knew a way worth two on 't the other had been the ready way to be hang'd for Edward 1. was neither Bigot Antiq. Brit. Ec. p. 196. Fook nor Coward for He saith Mat. Parker being the Popes Creature went a visiting as some do now a days without any Commission from the King no strange thing in those days more strange in our days now that they have not as formerly a Pope to back them and whose Creatures they were in despight of the King But this crafty Robert Kildwardby play'd the Fox in his Visitation and Se donis saith the Historian non imperitando sed artificiose ut fratres sui ordinis solebant suadendo locupletavit that is He enrich'd himself and fill'd his pockets but how not by an open violent way of force and command but craftily with sleight of Hand and Tongue as the Brethren of his Order are wont to do pick'd their pockets with a parccl of fair words Why that 's better yet then the Hectoring way Come Clergy-man deliver your Purse your Purse for Procurations Visitations c. The Naked-Truth on 't was the Pope Nicholas 3d. had a Cardinals Capp at Robert's service if he would come up to the price on 't and bid like a Chapman but all the craft lay in the catching the Money to day the purchase Whereupon Kildwardby does not go in the old Road of Procurations Synodals and Vilitations that even in those times were not onely grumbled at by the Slaves
humble Servant when where and in what he list For presently after he brings that of Isa 10.1 to vanquish the King and Parliament that made him Recant his own Canons two years before Isa 10.1 Dicente Domino per Prophetam Vae qui condunt Leges iniquas c. Wo unto them that Decree unrighteous Decrees c. meaning the Statutes made by the King and Parliament for so he goes on quia igitur ab antiquo tempore inter Leges Magnates Angliae ex parte unâ Archiepiscopos Episcopos Clerum ejusdem Regniex altera duravit amara dissensio pro oppressione Ecclesiae contrà Decreta summorum Pontisicum contra Statuta Conciliorum contra Sanctiones Orthodoxorum Patrum in quibus tribus summa auctoritas summa veritas summaque sanctitas consistunt supplicamus Regiae Majestati c. huic periculosae dissentioni dignemur finem apponere salutarem cui finis alitèr imponi non potest nisi vos sublimitatem vestram praedictis tribus scilicèt Decretis Pontificum Statutis Conciliòrum Sanctionibus Orthodoxorum Patrum juxtà Domini beneplacitum cùm Catholicis Imperatoribus dignemini inclinare ex his enim tribus sunt Canones aggregati jura Coronae vestrae Christi Coronae supponenda cujus sunt Diadema Sponsae suae monilia universae Ecclesiasticae Libertates All which are most emphatical words and most apt for our purpose to stop the Arch-deacon's Mouth that would have the present Church of England and its Jurisdiction derivative from Edw. 1. and Edw. 3. Nor do I know any man more able in all History to write all that could be said for Ecclesiastical Jurisdiction Canon-Law or Civil-Law than the said Peckham nor can any thing better represent the posture of Affairs in England as to Ecclesiastical matters than the said Letter which I will English faithfully as followeth Because quoth the Archbishop there has been of old and long has continued a bitter Dissention betwixt the King and Parliament of England on the one part God grant they may alwayes be so as they ought to be but one part and the Archbishops Bishops and Clergy of this Realm on the other part to oppress the Church contrary to the Popes Decrees contrary to the Canons of Councils contrary to the Sanctions of the Orthodox Fathers in which three consists the Supream Authority the greatest Verity and the choycest Piety We intreat your Royal Majesty that we should vouchsafe together to put an end to this dangerous Dissention and Differences which can never be concluded except you will please to submit your highness to the said three things namely the Decrees of Popes the Canons of the Synods and the Opinions of the ancient Orthodox Fathers according to the Command of the Lord and after the Example of Catholick Kings For of these three are the Canons made and the Rights of your Crown must submit to the Crown of Christ the Churches Rights and Liberties being the Diadem of Christ and the Ornament and Jewels of his Spouse c. Whence I make these plain Remarks 1. That as the Devil Tempting our Blessed Saviour accosted him with Holy Scripture in his Mouth so does this filthy Symonist talk Scripture Language to the King and Parliament whilst he himself hated to be Reformed 2. That there was and has been an old Feud Difference and Dissention and cannot possibly be otherwise where the Layety are Governed by one Law and the Clergy by another the Layety a distinct and peculiar Party on the one part and the Clergy with other designs a party in Opposition to the Layety on the other part The Devil and the Pope brought in that distinction of Layety and Clergy not God and Scripture and it was never a quiet World in Christendome since that time of making that distinction which God never made 3. That when the King and Parliament Thwarts the Clergy and the Canons of their own devising and made to gratifie as those of Rading aforesaid only their Avarice Ambition and Revenge yet that is called Oppressing the Church of God 4. That Kings must alwayes under the notion of submitting to God and Christ submit their Scepters Crowns and Dignities to Religious Zealots and Bigots when they get the Power and they 'l have it too or they 'l want of their will 5. That the Clergy Archbishops and Bishops accounted themselves and were taken and accepted for the Church of England 6. That the Pope was Head of this Church his Decrees their Rule and Canons to walk by and carry on their Ecclesiastical-Courts and Jurisdiction 7. That their Laws were contrary to the sence of the King and Parliament 8. That the King and Parliament were sometimes though but a little little time too hard for those Archbishops Bishops and Clergy of whom the Pope was Supream head 9. That it is impossible that our present Archbishops Bishops and Ecclesiastical Jurisdiction can derive their Authority for Ecclesiastical Courts from the Popish Arch-bishops Popish Canons Popish Bishops that had the Pope for their head since our Clergy Archbishops and Bishops do renounce the Popes Supremacy 10. That the Ecclesiasticals before Hen. 8. whilst the Pope was their head look't upon the Kings of England as their Inferiours and that the King and Parliaments Sentiments and Decrees should truckle to theirs And if some had not some strange Reliques they would not dare as this Archdeacon does to write and defend a Jurisdiction and Courts in England without special Authority and Commission from the King And for him to say They Keep Courts by Common-law is the idlest of all his dreams 1. Because before Will. the Conqueror there was never any Spiritual Courts Kept distinct from the Hundred-Courts and if they have right to keep them there at the Bayliffs house let them come but instead of Chancellours Surrogates and Officials and Archdeacons must sit for Judges there as now and of Old two honest Freeholders let them come then with their Ecclesiastical Courts founded in the Common-law before William the Conquerour 2. The Common-Law this D. D. calls p. 51. long and granted Use in the whole Land but then if they plead for their Ecclesiastical Courts according to ancient use and custome they must keep them in Places Times and by such Laws and Judges as were of the ancient use and custom 3. The Common-Law of England is ancienter than our Christianity but Bishops as now in England much less Archbishops for Austin the Monk sent hither by the Pope was the first Archbishop and much less Archdeacons are the Inventions of men and the favour of Kings at first of Popish Kings for before Austin the Monk Anno Dom 〈◊〉 England had neither Lord Bishops nor Lord Archbishops after the manner they are now therefore neither they nor their Courts as now kept have any foundation in Common-law 4. By his own shewing that Edict of William the Conquerour enjoyns that no Bishop nor Archdeacon hold Pleas any longer in
of England as derived from the King according to the Statute of Edw. 6. or in Hen. 8's time was no lawful Jurisdiction that is Mr. Hickeringill thinks as the Papists think War hawk again Mr. Hickeringill and a Premunire too Let him even pick and chuse I see there 's no escaping yield or dye there 's no fence against a Crambee-Pun and Quibble the second assault is always irresistible And yet this Joke is not so witty as it is sharp and poynant insinuating that Mr. Hickeringill's opinion is a Popish opinion so in plain English he says before Chap. 2. Sect. 2. In these words Thus our ancient Ecclesiastical Governours and Laws depended upon the Crown and not upon the Pope by the Laws of England and in the Judgment of all the States of the Kingdom before H. 8. and so did also the execution of those Laws by those Governours in the same publick Judgment All this is true and the very Naked Truth in other words varyed And what of all this listen a little better than Mr. Hickeringill 's Popish opinion And why I pray Mr. Archdeacon why this unsanctified Epithete of Popish To vindicate in the words of the ingenious Hudribas When you at any thing would rail Then you make Popery the Scale To take the height on 't and explain To what degree it is prophane Well look to thy hits D. D. for all the corps of thy Archdeaconry together with the Extortion money in Visitations Synodals and Procurations will not be able to pay the damages that you and your Bookseller Royston are like to undergo forfeit and pay for bringing that scandalous imputation of Popery so often in your Book against Mr. Hickeringill who though he has not much Ecclesiastical Emoluments to lose thereby if the imputation be true yet he pays the King Assessments and finds Arms for above 200. l. per annum temporal estate of inheritance a third part whereof besides other mischiefs are forfeit if you can prove him a Papist and if you cannot 't is fit that on the Gallows which was set up for innocent Mordecai that wicked Haman should be hang'd thereon and the mischief which you wickedly design'd against him 't is but just it should fall upon your own Pate and that you and your Bookseller should for the Libel fall into the same Pit which you have in malice and wickedness digged for the innocent Alas you do not know Mr. Hickeringill the man you scandalize in time he 'l make you know him better I dare assure ye as he has and will do to some others such railers lyars and slanderers as your selves sure Mr. Archdeacon you do not say your Prayers you do not sure say your Litany D. D. But all your provocations cannot make Mr. Hickeringill render you railing for railing the wonted attacks of effeminate and doting old men The Author of the Naked Truth is so much against the Popes Supremacy and all other Religious Bigots that some think as does this Archdeacon that he gives the King too many even all the Keys of the Church For 't is undoubtedly true that the Crown of this Realm of England is and has been before H. 8. Imperial that is de jure not de facto thanks to the wicked Usurper the Pope and his Legates like that Paudolfus who in huffing pride set his Ecclesiastical foot upon this Imperial Crown in King John's time or like those Popes that made the Emperors themselves hold their Stirrups This ought not to have been done it was not de jure it was commonly de facto done before H. 8ths time and thus with his Quixot-chivalry he assaults the Windmills set up by his own brains like boys that set up their Shrovetide-Cocks only to throw at and busy themselves As for example Chap. 2. Sect. 3. he says the Statutes grant Consultations and Appeals into Chancery from the Spiritual Courts 'T is true but what then it only supposes that the Spiritual Courts meddle with those appealable Causes as Matrimony Tythes c. which are but very few And whereas he says the Bishops may deprive and have Statute-Law for so doing 't is false they have indeed power by 1 H. 7.4 to commit a Minister that has committed Incest or Fornication to the Gaol but for no other offence and that Statute was made upon force when the Laity durst not meddle with a Clergy-man though a muderer without consent of his Ordinary However the Clergy then were so goatish numerous and high-fed that no man could keep his wife or daughters from those lazy and bucksome Abby-Lubbers and so let the Bishops still for Incontinency send the Delinquent to Gaol but I thank you no such matter Incontinency is now as modish and fashionable a sin as ever I have known Two or Three notorious Whoremasters Ministers in Essex convict but they scap'd the Gaol and one of them a Scotch-man that had two Bastards in one year got a Pardon The sin of Adultery and Fornication is a filthy and abominable sin in all men especially in Divines but as long as it is the Mode it will sind great Patrons to countenance and abet it sweet-lips cannot forbear so sweet a sin No body denies but Procurations Synodals Robbing by the High-way Visitations and Picking of Pockets in spight of Laws Canons and Decrees of Holy-Church to the contrary in spight of Equity and Conscience in spight of Mercy Pity and Compassion has been in times of Prelacy in spight of Christs command and the Apostles command not to wrong men for filthy lucres sake has been I say an old and ancient practise and indeed in the days of Popish Prelacy and the High Commission they did what they list who durst controul or gainsay But now that Popish Prelacy and the High Commission are null'd and made void and all their Ecclesiastical Jurisdiction so precarious and no authority for their Procurations and Synodals no authority to call Church-Wardens and Ministers before them to a great Town and Tavern no authority for such Visitations much less to demand money for the same no authority neither to demand money in Ecclesiatim-Visitations and yet they will have six shilling and eight pence ready money and visit Twenty Churches in a day a very special Trade They will not be put off with a little Victuals Bread and Cheese or Pottage no these Ecclesiastical fellows are high fed And truly to spoil all their Courts though they had never so lawful an authority let but the people follow this following advice and you will not long be troubled with them Namely When the Minister and Church-Wardens are cited to come to a Visitation at a great Town and there is a great Tavern take no notice of it refuse to be hurried from your business your families and your homes against Law let them proceed against you as far as they dare if they excommunicate you for contempt a good Action of the case lies against them for there is neither Statute-Law nor
Authority of Ecclesiastical-Courts can or does consist or subsist or who gave them the Authority they pretend to not the Pope as of Old not the Common-Law I am sure nor can possibly the Canon-Law or Statute-Law 13. Grant they have Authority It is but in Three or Four particulars Causes Testamentary Matrimonial Tythes and for neglecting to come to Divine-Service by 1 Eliz. 2. or at most but those Ten Things in 5. Eliz. 23. de excommunicato capiendo enumerated what 's this to justify their great extortions in Probates of wills and Administrations and their illegal Proving the same and keeping Men's Wills contrary to that Statute What 's this to Justify the Force of any Canons at this Day Or who made them Laws of England without a Parliament What 's this to Justify the Pilling and Polling the Church-wardens and the inferior Clergy by Procurations Articles of Visitation Oaths Arbitrarily imposed upon them both for Canonical Obedience What 's all this to their great Business in Visitations and Court-keeping namely The Money-Business And lastly what a shamefull thing it is to Impose upon the consciences of the Clergy an c Oath of canonical obedience condemn'd by Act of Parliament in condemning the canons of 1640. in 13 car 2.12 What Insolence for a Bishop to commend the observation of those Canons which the King and Parliament have condemn'd by Statute Quer. What punishment do such Incurr and for Imposing Oaths upon Church-Wardens to enquire into the breach of such late Canon's which cannot be possibly the Laws of England if made since the dayes of King Henry the 8th Their shamefull and illegal extortions are a Thousand times more sufferable and pardonable than these Arbitrary Impositions of Oaths to torture and rack men's conscienees if not to precipitate them into Purjury nay except God be more mercifull than they eternal damnation making men swear Stare mandatis Ecclesiae to obey the commands of the Church and to obey his Majesties Laws Ecclesiastical when it is not defined what or where these Ecclesiastical Laws are the wisest of them all will not cannot dare not tell nor determine I 'le bid this Arch Deacon farewell with the same complement he passes upon Mr. Hickeringil in his last words bidding him not be wiser than the Law If this D. D. had not been wiser than the Law he had not writ such a thin discourse and yet face it with a Bulky and Imbost-Title stiling it Leges Angliae If the Spiritual Court keepers were not wiser than the Law they would first prove their Courts Legal their Canons Legal their Fees Legal their Extortions and Impositions of Oaths upon the consciences of the King's Subjects Legal Nor write I this to weaken their Authority but that it may if it seem good to the King and Parliament prove Instrumental to give them a just Authority and a true face of Power and also limit their Exorbitances There 's no wise man nor good man that favours Anarchy The Kings Throne which God long preserve is establish't by Justice and Law and 't is the Peoples Happiness to be governed and guided by honest Laws not Arbitrary Canons Impositions and Methods but such as are of the right English Make and Temper enacted by King and Parliament And I dare justify That there is nothing in the Naked-Truth but what is good for the Clergy as well as the Laity if they will lay aside Prejudice and Pertinacy Pride and Covetousness Finally for I am heartily weary of the Company of this same Totnes-Arch-Deacon and with conversing thus long with such an impertinent D. D. that has not his fellow among them all for Insolence and Impudence in defaming and belying a Gentleman he never saw nor knows any harm by except perhaps from malice that never speaks well and seldom speaks true or from fame which was a lyar of old and long before ever there was an Arch-Deacon heard of in Christendom And now at length to make Mr. Hickeringil the Common odium nothing will serve but to make him a Papist a Hobbist c. when all his Enemies that know him have not effrontery to deny but that he has more Loyalty than to be a Papist more Conscience than to be a Simonist though an Arch-Deaconry of Totnes might be put into the bargain and Seal more Honour and Ingenuity than to be a Parasite more Reason than to be an Atheist more Religion than to be an Hobbist and more Honesty and Plain-dealing than to be Well-Beloved in a Dissembling Age of Sycophantry But after all this bespattering Language how inhumane it is in an Arch-Deacon and a D. D. so unmercifully to attacque Mr. Hickeringill with Pun and quibble a persecution beyond the plague of Barbers in an Itchy endeavour to be witty forsooth in despite of Nature and his Stars who have all entred sufficient Caveats against it Then for the Serious part if there be such a part in his Idle Pamphlet Is it not Quixolisme beyond the relief of Hellebore to stile his Insignificant babling Leges Angliae Make Bonefires of your Cook your Littleton your Crook Dyer Statute-Books and Common Law-Books for behold here in thrifty Querpo Leges Angliae the Laws of England price 8 d. Nor less madness is it in him or more Idle vapour than to appear thus publiquely upon the Stage as the chavalier or champion of Mother-Church in answer to Mr. Hickeringil's Naked-Truth when he only tickles over the Skirts of the business and sayes not one word in answer to the main drift and design of the Naked-Truth namely in answer or vindication of the Canons Authority to keep Eclesiastical Courts or to impose Oaths of Canonical Obedience upon the Clergy or to impose Oaths upon the Church-Wardens nor one word does he say to vindicate their unjust and unconscionable Impositions and Extortions upon the Clergy in Procurations Institutions Licenses to Preach Ordinations Inductions Sinodals Visitations c. and yet most Impudently stiles his Book An Answer to Mr. Hickeringill c. Nor does that Statute 25. Hen. 8. give any Authority to Arch-Bishops or Bishops to keep Ecclesiastical courts or jurisdiction except such as was then practis'd when the Statute was made namely Popish Courts Popish Articles of Visitation Popish Habits and Palls and to be worn by Popish Arch-Bishops and Bishops But we have none now You know Hen. 8. that made that statute liv'd and dy'd a papist as aforesaid But what is that Statute however to justify your Arch-Deacon's Courts that Spiritual creature is not Nam'd in 25. Hen. 8. Well come Mr. Arch-Deacon Friends must part I 'le even bid you far-well and shake hands with you in hopes never to meet with you again but because I am in your debt for that witless Quible Hobby War-Hawk I 'le pay you Quid Pro Quo in the same coyne namely an Anagram for your Pun and Quibble nay an Anagram as Silly if possible as your Quible War-Hawk Fra-Fulwood Anagram War-dul-Fool THus has it cost me some pains the Labour of Six dayes not Seven dayes I protest to answer the Six Months Abortive Throwes of a sibling quibbling fribling fumbling Arch-Deacon And 't is enough at least as much as is needful and more than I could well afford upon so despicable an Opponent besides a subtle Anagram franckly vouchfaf't to him and ex abundanti liberally thrown and given him into the bargain To teach his costive-wit more Sobriety than to attacque the Naked-Truth only with Impertinencies and Pun and Quibble In his next attempt when peradventure he makes a second adventure Which not I so much as the the Booksellers greedily expect from him or rather some more modest more solid and better accounted champion of the Kirk's But enough I say at present not only because I am in haste and have other more Important affairs in hand than to spend much time with such a Scribling D. D. but chiefly because the Naked-Truth is Luscious too much at a time is apt to Glut and Nauseate to eat much Honey is not good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Husband-Man with wary Hand Not with whole Sack-fulls Sowes the Land But Thriftily contrives his Gain By Handfuls Husbanding the Grain FINIS London Printed for R. Janèway in Queens-Head Alley in Pater-Noster-Row
bit and a knock nay when he had above all others dis-arm'd the Phanaticks of their old Weapon that lay ready at hand to make use of and take up by writing Curse ye Moroz for which at least this same Step-mother might at least have made him a Courtesie and thank't him for his great pains no such matter too much envy and Ingratitude reigns amongst a sort of unthinking Black-Coats the Lumber of the Ship of the Church that pester it in a Calm and onely help to sink it in a Storm Nor has he any share in her Government nor never will till they show as good Authority for their Government and Jurisdiction Ecclesiastical as he can for his namely 4 Patents from 4 Kings of England granted with all Royalties Immunities Jurisdictions and Priviledges in the exempt Jurisdiction of the Soken in the County of Essex and the Inheritance of the most Noble Earl Rivers but in no Diocess nor subject to any Archbishop or Bishop and of which Mr. Hickeringill is Commissary lawfully Constituted and he and his Predecessors have been the only Ordinaries from whose Sentence there is no appeal but to the King in Chancery or the King in the greatest Court of Judicature in England or perhaps in the world the House of Lords But for this he has so little cause to thank the Bishops that I believe they would take it from him if they could and by privy whispers and Fictions and Stories do him all the mischief good Catholicks that in them lyes for opposing their Usurpations and Encroachments at least of some of them and for vindicating the ancient Immunities and Royalties of the many-ages enjoy'd Inheritance of that Noble Earl and from Nasauces and Encroachments of greedy Neighbours that think they can never have enough though God knows this Exempt Peculiar is but 3 Parishes a Puinsul almost encompassed with the Sea and is not worth five pounds per Annum to Mr. Hickeringill who values the favour and good will of that Noble Lord in conferring it on him without his seeking or Petition more then twenty times the profit thereof It being usually bestowed as the most Signal mark of favour upon such whom that Noble Family had a mind to Grace But enough of the Pelican Mother or Step-mother and also of the Frontispiece with which trifle I have too much busied my self and the Readers Now for the Title Leges Angliae The Laws of England But by what Title his pittiful Pamphlet can challenge or lay claim to so swelling a Title shall be consider'd only by the Sequel Next his Epistle to the Reader Wherein at first dash he endeavours to preoccupate and prepossess his Readers with an opinion of his Modesty good man he cannot wail nor whip his Adversary That 's pitty And yet he begs pardon that he is such a Doe-little he has not chastiz'd so spightful an Adversary according to his Merits and provocations for he verily wants the Talent and dislikes the Sport As if he should say Time was in his Juvinile years when he was as indeed he was a furious chastizing Paedagogue another Whipping-Tom that took pleasure to lash and slash but those merry days are done that 's happy for Mr. Hickeringill He now verily wants the Talent and dislikes the Sport What a Tarmagant Whipster would this have been if he had taken pleasure and made a sport of whipping men according to their Merits and Provocations But why he should at first step fall down of his knees and beg his Readers pardon for not chastizing Mr. Hickeringill for not being cruel to him for not bringing him to the Whipping-Post I cannot imagine I am sure if he cannot slash and lash and chastize if his Bridewel-Accomplishments have now forsaken his old wither'd Arm he yet retains his Billing sgate Old men can prate however and Scold and so does he He calls Mr. Hickeringill all to naught he calls him Papist in the very next Page I suppose for writing the Naked-Truth and exposing the wickedness of Papists and their Popes in p. 2. of the Naked-Truth nay he makes another Hugh Peters of him and that 's somewhat strange that Hugh Peters should be a Papist and more strange that Mr. Hickeringill should be Hugh Peters and also afterwards he makes a Quaker of Mr. Hickeringill nay p. 6. He calls him both Papist and Hobbist and most unmercifully tears him with Pun and quibble for which a very Barber ought to be kickt saying I thought I had caught a Hobby but war-hawk And a great deal of bad Language this Archdeacon and D. D. does very liberally bestow upon Mr. Hickeringill in almost every page the wonted Attaques of such feeble and effeminate Disputants Well even what he pleases he brings Mr. Hickeringill within two strides of the Gallows saying he takes him to be at Hugh Peter's Game I supose for Preaching on Curse ye Meroz and drolling upon Hugh peter's Sermon and running his wicked race I see there 's no remedy at present against such a Cursing Railer the next now and all that remains is to make Mr. Hickeringill Infidel Pagan Atheist Turk and great Magul and yet this Modest Archdeacon cannot nay has not the Talent to Rail and dislikes the Sport Then lastly he says for Pride Envy wrath Malice Spight and Revenge some say he Mr. Hickeringill is a very Angel of light and somewhat more excellent Bless thy seven Wits dear D. D for thou art the first that has made an Angel of Light old excellent Pride Envy Wrath Malice Spight and Revenge The only modest expression in his Book is the last clause To the Reader where he confesses his unparalel'd shallowness of Conception saying If others can find Truth in the man he cannot So that what has already got a verdict all England over except amongst the Archdeaconry and men Byas'd with Interest its Grace is stopt by a sorry D. D. that confesses his Ignorance and hates the Truth that thwarts his Gourmaudizing would lessen his Paunch animus in Patinis Thus much for his Epistle It 's well it 's no worse The Proem This Proem takes up all the sense and also almost one quarter of doughty Pamphlet Indeed it takes up too much Room And Arbitrary Government of Will. the Conquerers Long Sword and Proclamation is all the Reading he has shown throughout the whole Book citing an old Edict out of Spellman but he conceales the Plagyary and will not loose the Worm-eaten honour of some ambitious Antiquary whilst he quotes the Record and puts us to our Trumps to guess how or when or where he came honestly by it Well much good may it do him when we come to it And first like a Church-man of the old stamp he will permit his Majesty to come into the Church that 's more kindness then old St. Ambrose Bishop of Milan would show sometimes to the great Emperour Theodosius when he did not do as he would have him to do nay This Archdeacon opens the doors himself
shall not be Excommunicated although they do not obey the King's Mandates for apprehending such as are Excommunicate Note by the way then that the Writ de Excommunicato capiendo the onely Weapon of Ecclesiastical Jurisdiction and the onely Prop of Ecclesiastical Courts was not Common Law but long after only Statute-Law and but in some Cases neither 5 Eliz. 23. The Queen finding that since the mist of Superstition was vanish't by the Sun-shine of the Gospel the People could not discern any Terrour in the Thunder of Excommunication for every petty cause and therefore that without the temporal Sword was also drawn to back it her new High-Commission-Court and consequently all other Ecclesiastical Courts that had no Weapon but the Spiritual Sword of Excommunication could strike no Awe Terror nor Reverence into the obstinate and contumacious much less into Delinquents Thirdly That the Punishment inflicted by the King alone upon those that Invaded the Clergy-mens Mannors should be held sufficient Fourthly That he would not hereafter interdict and forbid any one from selling any Meat or Drink to the Arch-bishop of York Whom the proud Prelate had Excommunicated about a Quarrel betwixt them for Precedency c. And therefore he thought thus to famish him as happened after to Jane Shore Excommunicate God deliver men from a furious Bigot and Proud Prelate when he has Power to be Mischievous or any other that comes to the King Fifthly That Magna Charta be taken off from the Church doors For you must know that the Impugners of Magna Charta were in this Synod of Rading again declared Excommunicate which the King and Parliament did dislike and would not suffer any such Sentence of Excommunication to pass except for things thought worthy and deserving the same in the Judgment of King and Parliament who were Judges also even of the timing of an Excommunication even in particulars which had like the Impugners of Magna Charta been adjudged formerly to deserve to be struck with that Thunder-clap that grew so frequent it lost its Terrour the said Arch-bishop also confesses and does acknowledge and grant that neither the King nor his Heirs nor his Kingdome of England shall receive any dammage by reason of any of the said Articles contained in the Synod of Rading Bless us what work 's here to keep the Arch-bishop and his Clergy quiet that a King and Parliament must use all the skill and Power of England which commonly 'till Hen. 8. was all too little to bind these Brats of Rome and Creatures of the Pope and Symonists to the good Behaviour and to tye up their Hands and Tongues from doing the King his Heirs and his Kingdom of England any Mischief And now Mr. Arch-deacon I have bestowed some little Pains you see to draw you a Picture in little of those times of Edward 1. that you bring to make something to the purpose of exalting your Ecclesiastical Hierarchy and Jurisdiction from the Prospect of those times and what Honour you have got to your Hierarchy by this Provocation Plume your self with but I dare say the Reader will say before I have done with you that you had done your Church as much Service in the Convocation where the men of your little ray of your Talent and Improvements would listen to your Leges Angliae with great admiration rather than thus to neglect your great imployment there by this impertinent Diversion of Writing and publishing the Laws of England in which you have no more skill nor ability than you have in undertaking to Answer the Naked Truth But to take a little further View with the Reader 's Patience of those Popish times of King Edward c. before Hen. 8. which the Arch-deacon thinks do make so much for his Turn Afflictions seldom come alone as poor John Peckham found true by sad Experience for besides that there was no help for it but the 4000 Marks must be paid or the Symonist Arch-bishop lose both Heaven and Earth King Edward also for his Wars with Scotland was as needy of Money as the Pope and he borrowed by way of Loan a whole Years Revennue of the Profits of the said Arch-bishoprick and that Loan poor John Complains being little better than a Benevolence came in a very ill time For Robert Kilwarby the late Arch-bishop and before him his Predecessor Boniface had left the Arch-bishoprick lean cadaverous forlorn delapidated and Poor the People too were exhausted by Wars and Seditions For if they had had it he could not he would not have wanted it and the Pope too resolved that if the Arch-bishop or the People had it he also could not would not want it as his Brother Pope used to say he could never want Money so long as he could hold a Pen in his hand to write to his Ass meaning England for the whole World had not I had almost said has not such Religious Zealots and Bigots that would run at all right or wrong in the Cause of Religion Religion as Hud sayes whose Honesty they all will Swear for though not a man of them knows wherefore For the subtle Italian Papists that stand near and sees within the Scenes the Lives of Popes and Cardinals c. understand the Juggle and will not give two Pence a piece for an Indulgence that here in England will go currant for a hundred pounds whilst the modest Papists at Rome smile at the known pious Frauds and the rest Laugh right out or at least in their Sleeves But to return Though the Pope Bubled poor John Peckham as aforesaid He also after he had got a little heart Papae ad exemplum does endeavour to Hector or Wheedle the King out of some Money by Texts of Holy Writ the very same that some Religious Bigots have made use of to as vile ends in our times in an insolent Letter to his Majesty written 9 Edw. 1. beginning with these very words Excellentissimo Principi ac Dom. Edvardo Spelman's Concil p. 341 342. Dei gratiâ Illustri Regi Angliae Domino Hiberniae Duci Aquitaniae c. Johannes permissione divinâ Cantuarensis Ecclesiae minister humilis c. Which see at large in Spelman and after some Complements he falls on in downright Earnest quia tamen oportet Domino magis quà m hominibus obedire ad praevaricationem Legum illarum quae divina Authoritate absque omni dubio subsistunt nullâ possumus humanâ constitutione ligari nec etiam Juramente That is in plain English the Arch-bishop told the King he would be his humble Servant and as loyal a Subject as the best but onely that he was bound to obey God rather then men and that no humane Laws no though he had Sworn to obey them Acts 5.29 should tye or oblige him to the breach of those Laws which are founded upon Divine Authority Of which he and the Pope were the Interpreters and Commentators he might as well have told the King he would be his
Common-Law nor Civil-Law in England to justifie such Citations and Visitations Indeed there is old Canons in times of Popery to justifie that there has been Ecclesiatim Visitations namely for the Visitor or Bishop to come to your Churches and see how you do but it is against all Law Equity and Conscience to see how your Pockets do Therefore if they come Ecclesiatim Visits give them such poor fare as the Vicar feeds upon if they be hungry feed them do not fat them do not feast them and I 'le secure you shall not be often troubled with them thence following but give them not a cross of money and fear not that ever they 'l disquiet you very often As it is in the Naked Truth if their visitationes morum prove not to be visitationes nummorum I 'le be your warrant you shall not need a new Act of Parliament to stave them off So if they call upon you and cite you to prove a Will or take an Administration though the Sumner or Appariter come Forty Miles do not give the knave a Groat but for him and his Masters and the Citation or Process give him Three Pence and no more as by Statue 23. Hen. 8.9 1. Eliz. 1. If they ask or demand any more sue them upon the said Statute inan Action of debr or qui tam five Pounds due to the King and five Pounds to the party grieved The like penalty upon them if you sue them for taking more for Administrations or Probat of Wills than is allowed by Statute nay if they will not give you back your Will when proved into your own keeping upon demand there lies a swindging Action against them as Baron Weston declared at Chelmsford the last Assizes in open Court to the Countrey exhorting them to bring such Actions against those Ecclesiastical fellows so he stil'd them and if they brought such Actions before him he would make examples of them The cry the common-cry against the extortions of these Ecclesiastical fellows was loud and clamorous all over England and reacht the ears of the King and Parliament in Henry 8ths time as in good time it may again which occasioned the Statute of 21 Henry 8.5 as appears by the Preamble of that Statute against their extortions in these very words namely Where in the Parliament holden at Westminster in the 31st year of the Reign of the Noble King of Famous Memory Edw. 3. upon the complaint of his people for the outragious and grievous fines and sums of money taken by the Ministers of Bishops and of other Ordinaries of Holy Church for the Probat of Testaments and for the Acquittances by the said Ordinaries to be made concerning the same The said Noble King in the same Parliament openly charged and commanded the Archbishop of Canterbury and other Bishops for that time being that amendment thereof should be had and if no amendment thereof should be had it was by the authority of the same Parliament accorded that the King should thereof make inquiry by his Justices of such oppression and extortions c. And where at the Parliament holden at Westminster 3 Hen. 5. it was recited that the Commons of this Realm had oftentimes complained there in divers Parliaments for that divers Ordinaries do take for the Probation of Testaments and other things thereunto belonging sometimes XL. s. sometimes LX. s. and sometimes more against Right and Justice where in time of King Edw. 3. men were wont to pay for such causes but 2. s. 6. d. or 5. at most by which unlawful exactions c. Then it follows in the Statute and is enacted that none of these Bishops Ordinaries Archdeabons Commissaries Chancellors Officials Registers Scribes Praisers Summoners Appariters or other their Ministers shall take or demand for Probation Writing Sealing Registring making of Inventories or giving of Acquittances or for any other manner of cause concerning the same any more than what follows namely Where the goods of the deceased amount not to more than 5. l.  l. s. d. To the Register For the Probat of the Will 00 00 06. To the Register Or if an Admistration then also 00 00 00. To the Register And to the Judg 00 00 00. Where the goods of the deceased amount to more than 5. l. and yet under 40. l.  l. s. d. To the Bishop or Ordinary 00 02 06. And to the Register 00 01 00. For such Probat Inventory or Administration Where the goods of the deceased amount to above 40. l.  l. s. d. To the Ordinary or Judg Ecclesiastical 00 02 06. And to the Register for Probat of such a Will 00 02 06. And for Administration of such goods of that value to the Register 00 00 00. Or the Register or Scribe may refuse the said 00 02 06. And if he please may take and demand a penny for writing every ten lines of such Testament each line to contain ten Inches For Inventories they usually take 40. s. a Press as they call it that is the length of an ordinary sheet of Parchment But by this Statute for Inventories not one farthing Here 's now one would think a Law to keep them in awe but it signifies nothing they have got so many cunning starting-holes to creep out 't is hard to catch a Fox For if they be Indited for extortion or that you bring an Action of Debt upon the Statute or a qui tam namely  l. s. d. Due to the King for every such extortion 05 00 00. Also to the party grieved 05 00 00. But here too you will be baffled again except you punctually observe these following Conditions If it be a Will that is to be proved 1. You must bring the Witnesses along with you to prove the Will and that it is the true whole and last Testament of the Testator and that the Executor also believes the same to be the last Will and Testament of the Testator 21 H. 8.5 2. You must bring Wax also soft Wax ready for the Judg to put to and affix the Seal of the Court if the goods of the deceased amount not to five pounds 21 H. 8.5 3. You must bring two Inventories fairly written and Indented the one to be left with the Ordinary the other to be carried away by the Executor or Administrator 21 H. 8.5 4. The very Individual Will and Testament of the Testator you must carry away with you again so soon as it is Registred as 21. H. 8.5 5. You must carry with you good Witnesses of the Tender of the said Fees And keep but to these Conditions which are plain and easie and there is never a Register or Chancellor or Sumner of them all that will give many hundreds of pounds for the Place nor will you be much pestered with these Ecclesiastical-Courts or Ecclesiastical fellows for that now belike is the word Ecclesiastical fellows nor with Archdeacons although they had never so good Authority for keeping Courts and sending Citations
the Name being the first Arch-bishop that wheedled himself into the estate of the deceased that died Intestate or that gave Letters of Administration in England and yet this deep-read Arch-Deacon makes the common Law depose and Justify their proceedings in Spiritual Courts Pretending that since the Poor Soul died without a Will and so Consequently had not taken care to Redeem his Soul out of Purgatory by giving the Priests his Goods Mony or Lands for so many Masses to that purpose therefore the Archbishop Piously took that care upon him yet he himself hapned to dye though not Intestate yet so suddenly for two judgments in Parliament against him namely the aforesaid and presently after for endeavouring to defraud the King of Three-hundred pounds of Money belonging to one Bonamy a banish't Jew and which he would have been fingering for himself knowing that the Money lay in the Priory of Bridlington within his Jurisdiction Broke his heart his Executors would not or durst not meddle with his Goods Executores enim sui se intromittere noluerunt Ibid ita quod non proprio sed potius alieno fiebant expensae funerum in ecclesia sua cum honore simplici repositus est non enim panis vel obolus pro anima ipsus dabatur unde justo dei Judicio contigit ut qui subditorum bona maxime ab Intestatis sitiret subita quasi morte praeventus nullum vel modicum ex Testamento suo proprio consecutus est Emolumentum That is saith Henry De Knighton His Executors would not meddle with the Execution of his Will so that his Funeral expences were defrayed out of other Men's rather than his own Estate he was buried in his own Church after a very homely manner for not a bit of bread was given to the poor nor one farthing to pray for his Soul by the just Judgment of God upon him that he that did so thirst after Intestates Estates especially dying in his province being prevented by a sudden death got none or very little benefit by his own last Will and Testament The second Instance shall be in Scotland for King Edward the first was King thereof at least by conquest King Edward the Conquerour of Scotland when the Bishop of Glasgow having a spight and a pique against a Minister of his Diocess Deprived him of his Living Tortiously and Arbitrarily whereupon King Edward the first by his Letters to his Lieuetenant or Guardian of Scotland restor'd him upon the Petition of John Comyn in these words Al Tres honorable prince e noble In Bundel Breviâ—…n petic in Tur. Load An. 24. E. 1. e a son Trescher signur lige sire Edward par la grace Dieu noble Roy Dengleterre le ce ou si luy plest Johan Comyn Kaunk il set e poet de Honur e de Reverence Com a seon seignur lige Chire sire si vus plest io vus pri especialment ke vus deyngnet mander vostre Lettre au Gardeynde Escoce pur mettre mesh Robert Mounsycitien partur de ceste Lettre en la eglice de graunt Dalton de la quele sire Robert Evesk de Glascou c. 't is too tedious further to recite The last Instance is a Record of a Fine set upon the Bishop of Cork in Ireland for holding Plea in the Spiritual Courts of things belonging to the King's Crown and Dignity for which he was amerced 140. l. Claus 20. E. 1. m. 13. Hibern pro Roberto nuper Corcagensi Episc to be Levyed upon his Goods and Chattels in these words Cum venerabilis Pater Robertus Cortagiensis Episcopus huper coram venerabill patre S. Tuamensi Archi-Episcopo tunc Justis Regis Hiberniae amerciatus esset ad centum libras pro contemptu idem Episcopus Amerciatus esset postmodum coram eodem Justic ad quadraginta libras pro eo quod advocavit se tenuisse placita in Curia Christianitatis and Coronam Dignitatem Regis spectantia c. Teste Rege apud Westm primo die Decembris 20. R. R. E. 1. And 't is observable this great Fine was set by an Arch-Bishop of Tuam then the Kings Lord-Chief-Justice in Ireland For indeed in those dayes The Clergy were the greatest Lawyers and had the greatest places Bak. Chron p. 50. and yet they would not suffer any Clergy-Man to be subject to temporal Magistrates by a Canon made B. Steph. in a Synod held at London by Henry Bishop of winchester the Pope's Legate 'T is true King Henry the Second opposed this Canon and Thomas Becket Arch-Bishop of Canterbury that stood up for it and the Contest almost ruined them both But no King like King Henry the Eighth Bak. Chron. p. 95. and Edward the First for keeping the Crown safe from the usurpations of the Clergy this latter not suffering any Prelates to sit in the Parliament at Saltsbury Anno. 1274. and took their great Treasures hoorded up in Churches and Monasteries and put it in the Exchequer And though stout King Edward the Third strugled hard and a long time tug'd with John Stratford Arch-Bishop of Canterbury who threatned the King that he would exercise his Ecclesiastical Authority and proceed to Excommunication of his Officers though not of himself Queen or Children yet the great Offices of the Realm were executed by Clergy-Men in his Reign for at one time when Simon Langham was Arch Bishop of Canterbury he was also Lord Chancellor of England a Place that Becket resigned when he was made Arch-Bishop of Canterbury denying to be at the Helm of the Common Wealth and the Church both at once william Wickham Arch-Deacon of Linclon was Keeper of the Privy Seal David Willer Parson of Sommersham Master of the Rolls Ten Benesis't Ministers Civilians Masters of the Chancery William Mulse Dean of S. Martins Le Grand chief Chamberlain of the Exchequer Receiver and Keeper of the Kings Treasure and Jewels William Aksby Arch-Deacon of Northampton Chancellor of the Exchequer William Dighton Prebendary of St. Martins Clark of the Privy Seal Richard Chesterfield Prebend of St. Stephen's Treasurer of the Kings House Henry Smatch Parson of Oundel Master of the Kings Wardrobe John Newnham Parson of Fenny-Staunton one of the Chamberlains of the Exchequer John Rawsby Parson of Harwick Surveyor and Comptroller of the Kings Works Thomas Brittingham Parson of Asby Treasurer to the King for the part of Guifness and the Marches of Callice John Troys a Priest Treasurer of Ireland But certainly a Gospel-Minister may find work enough though he be a Bishop or Arch Bishop in the Works of his Ministry and most Honour I am not for Alterations and great Changes yet certainly the Face of our Church of England is not only comely but beautiful and well guarded by the Statutes of Uniformity and Confining all Places of Honour and profit in the Kingdom to the Son 's of the Church and to such only as can Conform to Her Liturgy and Administration of the Blessed Sacraments And