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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	pope_n	16,586	5	6.9376	4	true

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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

Hell for Ever and Aye Here 's your Men quoth the Popish Priests Chapmen What do you lack What do you buy Then then and not till then they got the whipping-hand of the superstitious world for he that has got a hank over other Mens Souls and Consciences their Bodies and Estates consequently are without dispute at his Service and Devotion And when a Priest can make a poor Lady believe that he can damn her or absolve her and has the Keys and something else under his Girdle and can let her into or shut her out from the Church and Sacraments so that she will but shew him all her Secrets and unbosome her self in Auricular Confession Cajol'd thereunto superstitiously and bug-bear'd by many lying Miracles in the Legend of many that dyed and got as far as Heaven-gates but were glad to return a long and weary Journey to earth again to be confest by a Priest before they could be let in dying unshriv'd or unhousled can such a Priest that has got the Lock and Key of a Ladies Closet and Secrets have far to go before he come at her heart And I have therefore wondred that the jealous Italians Spaniards and Portugueze that will not suffer any man scarce a Brother to see their Wives face should yet permit them to go to secret and auricular Confession to a young vigorous unguelt piece of Sanctity I had almost said Hypocrisie I could not but wonder 'till now of late to find St. Ambrosie Ora pro nobis in the Popish Letany or Mass For what merit Oh! Captain St. Ambrose was the first Ecclesiastical-Hector or Spiritual-Bravo that in defiance of God and the King durst as malapartly as barbarously and insultingly some say Traiterously shut the doors of the Church against his Prince and Emperor Theodosius the elder not admitting him to the Sacrament nor Divine Service 'till the Emperor submitted to the proud insulting Priest and promis'd upon his knees that for the future he would be rul'd and so he and the Priest became Friends again Well I see St. James the Author the Papists say of their Liturgy and Mass though he was none of the Twelve Apostles yet was a Bishop and a Prophet too if he could so early insert into the Churches Common-Prayer Book stout Captain St. Ambrose and make him pray for himself and all Christen-Souls 400 years before he was born Oh! the merit of some mens Ecclesiastical Insolence But if Captain Ambrose was Canoniz'd and Sainted for shutting the Church-doors and debarring a great Sinner from Divine Service and Sacraments Will not the men of the same Leaven Anathematize me for opening the Church-doors thus to Sinners great Sinners and small Sinners and shut me out But it is better far to eat with Publicans and Sinners as our blessed Saviour did than to partake with Scribes Pharisees and Hypocrites to whom he denounced Wo Wo Wo. Thus have I known School-Boys taught in the Church but better fed than taught to barr out their Masters and be Masters of Mis-rule upon pretence of Christmas and a Holy-time and with a Brazen-face make Declamations and Verses in praise of that precious Ecclesiastical Discipline But if I come I 'le open the Church Doors again and spread the Arms of Mercy wide open and outstretched to as great a Latitude and Comprehension as our Blessed Saviour did even to Publicans and Sinners they shall eat with me let the Hypocrites eat alone and as fittest by themselves if they will not vouchsafe to eat with Sinners let them cringe and bow and face to the Left to the Left to the East the East Sinners look you Sinners though they despise Sinners so much in nomine Domini Sinners are the best Gryst that comes to their Mills If it were not for Sinners the Bench Ecclesiastical at least would not be so scarlet as it is their Holinesses might sit alone as well as a cold if it were not for Sinners and look as lean as an Easter-Offering Sinners quoth a Who is this that despises Sinners which our Blessed Redeemer did not despise by God's help this little Book shall open the Church-Doors to let in Sinners in spight of the most self-conceited Hypocrite as far as the Old and New Testament will go I say ipse dixi What shall sin walk barefac't magisterial in open Court and unrebuk't And shall the Naked-Truth be glad to hide its Head Ha shall the wicked Extortioners of Doctors-Commons sin and will you make me suffer and be whipt for their faults upon their Backs whilst they hold me up to you Sir look you my Lord Is there any Conscience in this Look you Sir look you I am got into the Modern Rhetorical Phraze entail'd on some seats of Eloquence can it be Justice look you my Lord that I should suffer because they sin and I only wish and endeavour their amendment Just thus does the unjust World abuse the poor Cuckolds when the Naked-Truth on 't is the great and only fault is in the Cuckold-makers the Whore and Rogue And must he not have a face of Brass look you and a conscience of Steel my Lord that shall vindicate that domineering Popishly invented Prelacy which the Holy Scriptures and our Blessed Redeemer condemns making all his Disciples Spiritual-Levellers Luke 22. Whose Disciples then are the Popish Prelates that in defiance of Christ will domineer over the Clergy their Brethren and vex them with Law-Suits having great Interest and great Power and withal Purse-proud to defend in spight of Christ that Antichristian Lordliness and Clergical Tyranny over their Brethren calling it as the Pope contradictione adjecto first call'd it Hierarchy or the Holy Rule But how can that be Holy that the Holy Scriptures and the Holy Jesus decries and condemns and it was first Enacted and made a Law in England when the Pope did what he list both with King and People They had and we have a happy time on 't yet most of these Popish Hierarchical Laws are abolished and that was stoutly attack't though it still stands and let it stand I said in my Naked-Truth Rome was not built and cannot be destroyed in one day it crumbles a pace If you be for Discipline and Spiritual Weapons rather Draw upon the Adulterers and Adulteresses the Extortioners impudent Extortioners in your Spiritual-Courts in Probates Administrations Visitations Ordinations granting Licences to Preach Institutions Inductions Procurations and if you have power to Anathematize and Curse Curse the Cursers and Blasphemers of the unparallel'd Age we live in In all the Reign of Edw. 6. I find no man taken upon the Writ de Excommunicato capiendo nor 'till the fifth of Queen Elizabeth nor any legal Cursing or Commination save that in the Common-Prayer-Book denouncing of Gods Anger and Judgments against Sinners Cursed is he that smiteth his neighbour secretly and Cursed is he that lyeth with his neighbours wife c. and all the people shall say Amen Cursed is he that taketh a reward

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

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

of Sterling money by Richard Aufeild and William Hutton now Church-wardens of the aforesaid Church of All-Saints to the aforenamed Lord Thomas Audley in his Life-time paid in full Purchase and Bargain of the aforesaid Tythes to him the aforenamed Rector and to his Successors for ever Have given granted fold and by this present Writing confirmed unto Robert Plumton Clerk Rector of the Parish-Church of All-Saints in the Town of Colchester aforesaid and unto his Successors for ever all the aforesaid Tythes in the Town of Colchester or elsewhere To have enjoy hold and take all and singular the aforesaid Tythes to the said Robert Plumton and to his Successors Rectors of the Parish-Church of All-Saints in Colchester aforesaid for the time being for ever And I the said Thomas Audley Esq and my Heirs All and singular the Premises above specified against me the said Thomas Audley Esq and my Heirs to the said Robert Plumton and his Successors aforesaid shall and will warrant and for ever defend by these Presents In witness whereof we the said Edward North Thomas Pope Edmund Martin and Thomas Gimblet and Thomas Audley Esq to this our present Writing have set our Seals Dated May 14 in the 36 year of the Reign of the most excellent and invincible Prince and our Lord Hen. VIII by the Grace of God King of England France and Ireland Defender of the Faith and on Earth the Supreme Head of the Church of England France and Ireland EDWARD NORTH THOMAS POPE EDWARD MARTIN THOMAS GIMBLET THOMAS AVDLEY And is it not Great first to invade a man's Rights and Freeholds and then Article against him as a Barretor for defending himself and them Oh! most incomparable Subtlety and Policy And if a Plenarty for three years only shall be an Estoppel to the King as in some Cases 18 Edw. 3.5 much more a Plenarty for 19 or 20 years as in this Case not to be stiffed nor tryed whether by Right obtained or by Intrusion though this Defendant enjoys them by lawful Presentation from the King and Institution and Induction thereon but however this Spiritual Court extravagantly inquires after it the Titles of mens Freeholds and Rectories belonging onely to the Courts of our Lord the King and a Tryal by Juries as proved by the Statutes before mentioned beyond all contradiction or fear of any thing but a Praentunire for being Busie-bodies that would hook in all things by hook and by crook into the Jurisdiction of their Courts as you know who does in ordine ad spirituali●… Fifthly As for the Rectory of St. Leonards in Colchester aforesaid a poor business it is God knows not is worth 7 l. per Annum nor that able to repair the Dilapidations of the Parsonage-house in ten years nay it had been demolished to the ground long ere this but for care taken for the same by Robert Sewell Gent. who was and still is Sequestrator of the Profits of the said Rectory constituted and appointed under the Seal of the said Henry Bishop of London bearing date April 17. 1676. and in the first year of his Translation and confirmed by the said Bishop in all and every of his Visitations and the Fees paid for the same and the same still is in force and unrevok'd Besides though the Benefice of the said Leonards is so small as aforesaid yet the said Mr. Sewell provided to support the House which is large and keep it up in tolerable Repair and provided the learned and honest Gentleman Mr. Bridge of Alesford in Essex to preach there once a month and sometimes this Defendant though not above once in a year sometmes But the said Living being so poor and scandalous and the Parish so lamentably abounding with Poor above any other Parish in Colchester this Defendant constantly paid to the relief of the Poor 2 s. per mensem and also at every Sermon that Mr. Bridge aforesaid or this Defendant did preach there this Defendant also caused to be distributed Four and twenty Penny-loaves amongst the poorest sort but after since the said Bishop has given the interruption the Poor has had the less Food for their Souls for the Church-doors have long been shut against the said Mr. Bridge and this Defendant wonderful care of the Cure of Souls whereby also the Poor has been deprived of relief for their Bodies also That 's all the good that is or is ever likely to be by this peevish stop   l. s. d. per Annum The Profits of the Rectory 07 00 00 per Annum Out of which       per Annum The Kings Tenths Pension Bishops Visitation Synodals and Procurations about 02 00 00 per Annum To the Poor assessed and freely given 02 10 00 per Annum For preaching 13 Sermons to Mr. Bridge per Annum at 5 s. per Serm. 03 05 00 per Annum But the Profits the said Mr. Sewell does yet receive as he hopes he lawfully may be the Authority of the said Bishop unrevok'd to this day and not worth the contending for For no man can get a Penny by it and seldom comes a better but no matter how soon the same is revok'd that the great advantage the poor People gets by this bustle and change may be seen For it is a shame that the Bishop should provide worse for them and make a bustle only to do harm and if he do provide better then the said Promoter and Bishop must part with money probably out of his own Pocket thereunto which this Defendant fears will not be done Sixthly The Vicaridge of Fingringhoe is void by the Statute 26 H. 8.3 by reason the said Samuel Harris Clerk in the third Article mentioned being Instituted and Inducted in or about the month of December last past yet has not paid the King's Tenths to the value with Charges thereupon in the Exchequer of 30 or 40 l. now due and refused to be paid or neglected by the said Bishop to be demanded of him personally or if demanded lawfully then the said Vicaridge is void and ought to be so declared and the Right of Patronage or Advowson being in this Defendant together with the great Tythes and Impropriation of Fingringhoe aforesaid the Custody of the Profits of the said Vicaridge does belong during the Vacancy to this Defendant the Patron as this Defendant humbly conceives by force of the Statutes 25 Edw. 3. and 35 Edw. 1.1 But if disputable be this Defendants Title to the same yet neither this Court nor any Ecclesiastical Court can hold Plea thereof nor of any matter whereof the King's Courts have Right of Jurisdiction 2 Edw. 6.13 nor can determine the Titles and Rights of Freehold as 25 Edw. 3.4 28 Edw. 3.3 17 alias 16 Car. 1.11 aforesaid Besides the said Harris never was Resident so much as one night in the said Parish of Fingringhoe since his first Induction to the said Vicaridge thereof but preach'd three or four times to the Parishioners got half a years Tythes and never

this Defendant hereby protests That if he ever shall or ever did transgress the known Laws of England or the dark and disputable Laws of England it was through error of his judgment and not of his will and therefore he desires this Court to inform and inlighten him and set him to rights if he err or if they can do it For it is not safe to say of that Act of Parliament 13 Car. 2.12 of not allowing or confirming the Canons of 40 commonly called the Lambeth Canons and all other Canons and Constitutions not confirmed by Act of Parliament c. that they signifie nothing and are inserted idlely and for no end and purpose Which those seem to assert and imply that say those words of not confirming the Canons or not allowing are not disallowing nor any remarque or neglecting Character thereby set upon them For the Canons had been left in statu quo prius as all other things were not mentioned in the said Act although not one word concerning them had been therein mentioned In all Grammatical Construction then the Not-confirming the Lambeth Canons or Canons of 40 c. That Not-allowing is a disallowing as plain as the Times perhaps would then bear And all those words in the said Act signifie the distaste and neglect the King and Parliament had of all Canons not confirmed by Act of Parliament and then all those words concerning the same signifie something and not nothing Especially leaving things as they were in the year 1639. when the High-Commission Court was up and 1 Eliz. 1. in force which is absolutely repeal'd by the same Statute And if any man thought that some had got by that 13 Car. 2.12 an Act for their Turn as was endeavor'd they were vilely mistaken or out-witted at least it was all that would even then be done for them which latter is most probable because of that fatal mistake in repealing 17 Car. 1. And there never was such an Act in the world nor any made in that year that this Defendant can find so lasting were the deep and bloody Prints of the High Commission even yet in Parliament-mens heads And this many took notice of long ago if they had thought it meet and opportune to take notice of it it might have been amended and may yet by an Act of Parliament otherwise it is to be feared that the mistake is fatal And the 16 Car. 1.11 be in force and not possible to be repealed by the repeal of the 17 Car. 1. Then good-night Nicholas and there 's an end of the Story and a Commissary Official or Register's place is not worth the buying no nor that of a poor Proctor of this Court of Arches which use to cost about 40 l. though the same man be a Proctor in any other Spiritual-Court yet he cannot practice in this Court without laying down the Cash I mean down with their Dust Gold Dust or Guinees Money more Money Which perhaps is the reason why the Proctors are suffered to take ten groats for a Fee that used to be by the style of this Court but and proportinably all other Fees abominably enhanc't wherever the fault lies they that buy must sell or else they have a bad bargain The Fees of an Excommunication and Absolution used to be but but now they are this Defendant knows to his cost and by woful experience a Guiney but note by the way This also is added de novo the said Bishops Vice-Register Nucourt is Arrested in an Indebitatus-assumpsit and will also have an Indictment or Information brought against him for the Extortion at the Suit of this Defendant who is vilely loth to be chous't of his Money and by a pitiful Proctor and Vice-Register too So that by this time this Desendant is come a great way towards the final Answer of these Articles in this Spiritual-Court if there were 1000 more of them especially in a Court that will neither show nor pretend to sit by a Commission from the King In whom alone is always inhaerent all Executive-power both Ecclesiastical and Temporal But our gracious Sovereign not only in his last Declaration but always has declared That he will rule us according to His Oath and the Fundamental Laws made by the only Legislative-power the King and Parliament And the Kings of England always have been of right and always were except during the Pope's Supremacy equally Heads or Head of the Church as well as of the State if they be two things And has right to make Laws for the regulating the Church or State-Ecclesiastical and as much as for Regulating the State-Temporal And far be it from the modesty of this Defendant to pry into the Cover'd Ark and search into the Prerogative of His gracious Majesty the Kingdoms glory as well as support both for his Mercy and Justice our dear and dread Sovereign and only Head of the Church and State which Prerogative His Majesty and his Father of blessed Memory our late Martyr'd Soveraign have explain'd to consist not only well but best with their Peoples Liberties and Properties making a sweet Harmony and enriching both King and People as Queen Elizabeth found that never had an Exchequer sooner emptied than filled though her Wars and Enemies were Great and Powerful She sometimes forgave and remitted what was given her by her Subjects in Parliament but never made a Speech or Motion for Money that prov'd successless Of which this Defendant had not now and here taken notice of further than to show in this his Defence in reference to the Church and the pretended Canons and Constitutions of the same that the said Queen never made any Canons neither did King James make any Canons or Constitutions for the Church or its Regulation until her Majesty and consequently his Majesty King James had by 1 Eliz. 1. and in that Statute given unto her and them her Heirs and Successors Power to Amend Reform c. And no more then needed at that time when the Clergy in Convocation acknowledged and surely they knew their own strength as well and much better than any can do at this distance and confest in the Statute 1 Mar. 2. that they had no Ecclesiastical Jurisdiction and therefore not Queen Mary but she in Parliament by 1 Mar. 2. restor'd it namely the old Popish Ecclesiastical Jurisdiction until 1 Eliz. 1. Repeal'd it and in its room gave Power to the Queen to set up another which 16 Car. 1.11 and 13 Car. 2.12 pull'd down and Repeal'd Nay 't is evident in Cawdrey's-Case in Cookes Reports that the Jury were forc't to find the said High-Commission specially and so must other Juries do as well if ever the right of the Spiritual-Courts in Sequestrations Suspensions Deprivations in medling with mens Carnal Goods and Free-holds comes to be tryed in the King-Courts by a Jury if they can at this time a day find such a High-Commission which will be a difficult thing to persuade a Jury unto except

Heavenly Father never taught them thus to fight and quarrel upon the Road to Heaven Why suppose a Man will not go our way or think his Business rather lies another way a shorter cut a nearer way and a better Road. Must we because we think the Man is in an Error and Mistake draw our Weapons whether carnal or spiritual upon him where 's the Reason the Conscience the Christianity of it Does not every Man best understand his own Concern or if he doth not 't is not our loss but the harm is his own We may advise him friendlily and tell him of the dangerous way he is in of which yet none of us the wisest of us are certainly infallible and assured But if he will not take our Advice fare him well curse him not but pray for him and say God bless him and teach him and us the right way Indeed if our Actions and Manners be against the indisputable and unquestionable Laws of God and Nature as Blasphemy Adultery Drunkenness and Rebellion Treason c. Then take him Goaler and let the Magistrate correct him But to curse whip lash slash and Bridewel a Man for not thinking as we do Opinion and Thought being free and impossible to be compell'd is a Spanish Inquisition High-Commission and Romish Tyranny and a Lunacy to boot beyond that of Bedlam God grant us to be all of one Heart and Mind in God's Worship and Service and to keep the Unity of the Spirit at least in the Bond of Peace and Comprehension But if thus Praying will not do cursing and excommunicating and damning should not do I am sure Which makes me think of a Gain and I 'll not think it Battology to recite it again namely That admirable and Christian-like Direction and only safe Prescription of the said Incomparable Sir Matthew Hale amongst his said 18 Caveats given to himself in these Words That I be not too rigid in Matters purely conscientious where all the harm is Diversity of Judgment and if in Criminals it be a Measuring-cast to encline to Mercy and Acquittal This is true Piety indeed and the only true Christianity but the contrary is true Impiety and the only true Antichristianism Besides 'T is true Policy too no Man quarrels with another that is not just of his Size Complexion and Pitch and why not Because there 's no Law to fine every Man that is not of such a common Standard Size and Pitch if there were Covetousness and Tyranny would set the Uniform and common Sandard-men at work if it were but for the Fine sake to hale in the Nonconformists and dissenting Scanltings and then what old tugging and quarrelling goaling and baleing would there be to the perpetual Disturbance of the Neighbourhood and the Kingdom as well as to the shameful Scandal of Christianity that makes Doves and Lambs indeed but neither Wolves nor Bloody Bonners or Tygers Whereas now that we have a general Comprehension as to all Sizes of the Body and no Man is bound to grow to just such a Scantling and no higher we have no quarrelling about the Matter no more than there is in Holland about Religion where tho they have different Religions yet every Man being left to God and his Liberty to go to Heaven which way he please they never curse damn excommunicate or quarrel about the matter but leave every Man to stand and fall to his own Master and Creator further than Christian Admonitions and State-Encouragements and Preferments do invite or allure For they admit and courteously entertain like Men and Christians all Mankind except the said Inhospitable and An●ichristian Bloodhounds the Jesuits and those if they catch hunting or resting in any of their Dominions they immediately upon proof boil them to death in scalding Oil. And to this Severity they are forc'd and constrain'd through that Jesuitical Maxime that Dominion is founded in Grace and consequently All the Kingdoms of the World Territories People and Dominions ought to be subject to Christ's only Vicar or Vice-Gerent upon Earth the Pope For Severity and Cruelty may make many Hypocrites but cannot make one Saint it can do much Mischief when in Power the only thing that wicked Men mind but not any Good it can surrogate to Destruction but not to Edification it can like Erostratus get a Name and Fame for destroying the Temple and Church but wants the Heart of Holy David and the wise Head of Solomon and the Apostles to build the Temple and Church of God Our Blessed Saviour came neither to destroy the material or spiritual Temple but if Scribes Pharisees Hypocrites destroy it he said he could build it again in three days But some Mens Arts are like the late Bishop of London Bonner his Arts they can destroy and fire the Spiritual Temples of God in few days more than they will erect and build up all their Life-time Sic facilis descensus Averni The way to Hell is very easie And down-hill all way to 't an 't please ye And therefore away with Mens Prate and Talk vouching their private Malice and Revenge with the Constitutions of the Church The Church if they be not according to the Constitutions of Christ in the Gospel for as Cyprian says Serm. 5. de Lapsis non est Pax fed Bellum nec Ecclesiae jungitur qui ab Evangelio separatur Then trust ye not in lying Words Jer. 7.4 saying The Temple of the Lord The Temple of the Lord are these Behold ye trust in lying Words that cannot profit Will ye steal murder commit Adultery c. and come and stand before me in this Houses which is called by my Name and say We are delivered to do all these Abominations If this House which is called by my Name become a Den of Robbers in your Eyes Behold even I have seen it saith the Lord. But go ye now unto my Place which was in Shiloh where I set my Name at first and see what I did unto it for the Wickedness of my People c. Whence I note that no People or Church how dear soever it has been unto God has a Charter of Priviledges to offend rob or murder their Brethren under the Title Umbrage and Name of the Church the Church which Church is not exempt from God's Visitation and Punishment if not Extinguishment Which brings to my Mind what Heylin in his Geography says of Poland l. 2. 150. The King at his Coronation takes an Oath to confirm all the Rights and Priviledges of the Subject granted by any of his Predecessors and also adds this Clause Quod si Sacramentum meum violavero incolae Regni nullâ nobis Obedientiâ tenebuntur That if I break my Oath the Subjects are not obliged to us in Allegiance or Obedience A Clause that seems to me proper only if proper at all for an Elective King as is the King of Poland and not for a King whose Kingdom is Hereditary as Sweden Denmark England France and Spain nor can it

or ought it to be otherwise appli'd than as to the matter in hand that whatsoever the Pope do yet God gives no Indulgences Licences or Priviledges either to sin or to sin impunè Besides Piety is the greatest Policy in the World and the most easy as well as most safe certain and sure way of governing Mankind in Mercy Goodness Meekness Compassion Justice in not being over-rul'd with Popular or Parasitical Applause or distast of the greatest Favorite Especially in England of all the World who are sturdy generally hard to be forc'd or driven but easily drawn like a great Ship in calm Water with a Twine-Thred Besides the Defence of the King and Kingdom consists not in impregnable Fortresses Forts and Citadels as in the Low Countries but in the Limbs and Hands Heads and Hearts of the happy Natives I mean our Main-guard under God consists in Castles of Bones and not in Castles of Stones CHAP. XVI FRiday Novemb. 25th 1681 was the day appointed and agreed upon on both sides to argue the said Pleas Protestations and Answer and to that purpose Sir Philp Lloyd upon the 21st Instant being their Court-day did bid me nominate and chuse what Advocates I thought most meet to argue and improve my said Prostestations Pleas and Answer Advocates Replied I Advocates what shall I ask Advice of the Fox how to preserve my Chickens Advocates indeed have the Advantage of me in Skill Eloquence Pleadings and Subtilties but all that will be abundantly supplied by the Advantage of the Ground on which my Innocence has plac'd me Let Criples go on Crutches I told them and that I doubted not by God's help but I should stand on my own Legs and against them all if I might but be allowed fair play and the benefit of the Laws which was fairly promised and honestly performed yet on the day time and place appointed in Doctors-Commons to argue this mighty Case before the Judg came into the Room I was most insolently affronted and my Hat pluck'd off in great Rudeness and tumultuously by a Proctor's Clerk unworthy the naming who being reproved for the sawcy Attempt by some Citizens there present all strangers and unknown to me upon the Stir comes in Sir Philip Lloyd and inquiring the Cause of such Disturbance and Noise was told by one of the Citizens and who caused the same He very honestly check'd and severely chid the Fellow and bid him be gone out of the Room and that otherwise he might have been thought privy or at least to countenance such Rudeness when Men come upon their Affairs Citations and Monitions to Doctors-Commons but that was poor Satisfaction for so great and publick an Affront 't is well we have his Majesties Laws and his Majesties Courts to vindicate and secure us from such barbarous Assaults and probably the Fellow has heard from me concerning it before this time In the Interim to proceed Sir Philip takes a Chair and sits down and so did all the Advocates and very courteously the Judg desires me also to take a Chair amongst them and sit down and great Expectation there was by the By-standers to hear this mighty Argument But when it came to Sir Thomas Exton of Counsel for the Promoter instead of arguing admitted my Pleas and there 's an end of an old Song except at the next Term the Term Probatory further Debate or Debait arise so away I came out of their Room with the stifling Crowd after me who were defeated of their hopes to hear soome Proof or good Foundation for their Spiritual's Courts which Sir Thomas Exton said I denied and my Reasons for the same you have heard in my Answer which was not argued but admitted and so the By-standers lost their Longing as well as I lost my time detain'd for a Nonni-no above a Fortnight at London from my Parish my Family my Cure and Charge But how I employed my self in that Fortnight you have read thus far in this Book all writ at London in that time and the next day coming to Colchester weary and tir'd and bemir'd I immediately to show my Love to Peace and Quietness writ by Saturday Post this following Letter to Sir Thomas Exton not amiss here to insert in these very Words Colchester November 26th 1681. Right Worshipful I Expected Yesterday that you would have argued as the Bishop's Advocate against my Allegations but since you chose to admit them I have resolved once more thus to perswade you rather to be a Moderator which is in your Power to reconcile the Differences betwixt the Bishop of London and my Self rather than to espouse a Party and be a Stickler tho for a Lord Bishop against your old Friend and Vniversity-Acquaintance of 35 Years Continuance If you think this motion for Peace and Accommodation proceeds from fear the Impartial-Consideration of my Answer will undeceive you And this is the last Overture I will ever make for an Accommodation except you answer it and me effectually within a Week And by your neglect which is probable for Passion and Rage is deaf and hath no Ears I shall then think my self absolv'd not only in my own Conscience and Honour but in the Opinion and Sentence of all good Men if after these amicable Overtues rejected Differences grow to that height that in my just defence I be forc'd to reach some unhappy Blowes that may otherwise against my will hit an old Friend Thus you see how I study to be quiet and to avoid Disputes especially with my Diocesan though he cannot possibly contrive a way to make my Name and Fame so Eminent and considerable as by thus publickly entring into the Lists of Contests with me Wherein if I be foyl'd no great Honour can he get by the Victory after such great advantage of the ground he has got to stand on above me But if he come off with loss how will he have cause to blame those Counsels that irritated him to this unseemly Encounter Revenge is God's Attribute and can no more be safely and honourably handled by any Man then burning-Coals which leave at best unhandsome Scars and uncomely Cicatrizes though healed never so cleaverly But Harm watch Harm catch And if nothing else will serve then let all our Faults be rip'd up and expos'd upon the Publick-Stage to make sport for the By standers and currat Lex I am Your Servant Edm. Hickeringill It was and is yet a Canon agreed on all hands in the first General Council of Nice which the Church of England ownes That no Bishop shall quit a small Bishoprick for a bigger and therefore better But who heeds the Canon when an useful Man a Man of great Parts great Improvements great Learning and also which I had almost forgot great Relations and Friends in the Case It was a Canon Concil Sardic that none should be made a Bishop but gradually and passing through all the Inferiour Orders and had also continued in them for some considerable time there was no