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A43633 Scandalum magnatum, or, The great trial at Chelmnesford assizes held March 6, for the county of Essex, betwixt Henry, Bishop of London, plaintiff, and Edm. Hickeringill rector of the rectory of All-Saints in Colchester, defendant, faithfully related : together with the nature of the writ call'd supplicavit ... granted against Mr. Hickeringill ... as also the articles sworn against him, by six practors of doctors-common ... Published to prevent false reports. Hickeringill, Edmund, 1631-1708. 1682 (1682) Wing H1825; ESTC R32967 125,748 116

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the Statute made in the Parliament of King Richard the Second after the Conquest at Glocester in the Second Year of his Raign held amongst other things it is Enacted and strictly Charged under great pain That none should be so bold as to devise speak or relate of the Prelates Dukes Earls Barons and other Nobles and Great Men of the Realm of England nor of the Chancellor Treasurer or Clerk of the Privy Seal Steward of the King's House Justice of the one Bench or other nor of any Great Officers of the said Realm any false News Lyes or any such Falsities whereof any Scandal or Discord within the said Realm may arise And whosoever this should do should incur the Penalty otherwise thereof ordained by the Statute of Westminster the First as in the said Statute more fully it is contained Yet the said Edmond Hickeringill the Statute aforesaid not regarding nor the Penalty of the said Statute any ways fearing but craftily designing the Good Name State Credit Dignity and Honour of the said Bishop to hurt and blacken and him the said Bishop into great Displeasure Distrust and Discredit of our said Lord the King that now is and of the great Men and great Officers of this Realm of England and also of divers worthy Persons Subjects of our said Lord the King that now is to bring the fourth day of April in the three and thirtieth Year of the Raign of our said Lord the King at Chelmnesford in the County of Essex divers false News and horrible Lyes of the said Henry then and yet being Bishop of London and one of the Prelates of this Realm of England in the presence and hearing of divers of the Subjects of our said Lord the King falsly maliciously and scandalously devised spoke related published and proclaimed in these English Words following viz. The Lord Bishop of London meaning himthe said Lord Bishop of London is a bold daring impudent Man for sending some Heads in Divinity to all his Clergy in those parts meaning the Clergy within the Diocess of London in those parts which are contrary to Law meaning the Laws of the Realm And of his further Malice the said Edmond afterwards to wit the said fourth day of April in the three and thirtieth Year abovesaid at Chelmnesford in the said County of Essex scandalously and maliciously and further to defame and scandalize the said Bishop likewise devised spoke related published and proclamed of the said Henry then and yet Bishop of London upon a Discourse of the said Bishop then and there had these other false News and horrible Lies in these English Words following that is to say His Lordship meaning the said Henry Lord Bishop of London is very ignorant And the said Edmond further craftily designing not only the good Name State Credit Dignity and Honour of the said Bishop to hurt and blacken and him the said Bishop into further great Displeasure Distrust and Discredit ●our said Soveraign Lord the King that now is and of the great Men and ●●eat Officers of this Kingdom of England and of divers other worthy Subjects of our said Lord the King to bring but also to cause him to endure the pain and peril of the Laws and Statutes of this Realm against Traitors and such Malefactors made afterwards to wit the said fourth day of April in the said three and thirtieth Year of the Raign of our said Soveraign Lord the King that now is at Chelmnesford aforesaid in the said County divers other false News and horrible Lyes of the said Henry then and yet Bishop of London and one of the Prelates of this Realm in the presence and hearing of divers of the King's Subjects scandalously falsly and maliciously devised spoke related published and declared in these English Words following viz. I meaning him the said Edmond Hickeringill can prove His Lordship meaning the said Henry Lord Bishop of London to be concerned in the Damnable Plot meaning the Popish Plot to destroy the King and subvert the Government of this Realm late discovered By Means of which said several false News and horrible Lyes the said Bishop is not only hurt and scandalized in his Reputation Honour and Dignity and the said Bishop hath lost the Favour good Opinion and Esteem which our said Soveraign Lord the King and other great Men and Prelates of this Realm afore towards him did bear and divers Rumors and Scandals between divers of the Nobles of this Realm and great Men and other the King's Subjects upon the Occasion aforesaid within this Realm are risen and spread abroad and great Scandals and Discords by reason of the Premises between the said Bishop and others of this Realm are risen and daily more and more are likely to arise to the great disturbance of the Peace and Tranquillity of the Realm to the Contempt of our said Lord the King and great Scandal of the said Bishop and against the Form of the said Statute of Richard the Second to the Bishop's Damage 5000 l. and therefore he brings this Suit Issue Non Cul This Trial of so great expectation came on about nine a Clock in the Morning Wednesday the 8th of March 1681. To prove the Declaration only one single Witness was produced for the Plantiff namely one Samuel Harris Clerk Witnesses sworn on the behalf of the Defendant were The Right Honourable Edward Earl of Lincoln Mr. Benjamin Edgar Mr. Ambrose Flanner Robert Potter Henry Bull Christopher Hill and Daniel Howlet all except that Noble Earl Parishioners of the Parish of St. Buttolph's in Colchester and present when the Words were pretended to be spoken Actions for Words ought to be precisely and punctually prov'd and all the Words together without addition or diminution otherwise as the Defendant who pleaded his own Cause told the Court the Sense must differ except they be taken together with the antecedent and subsequent Discourse in sensu conjuncto not diviso jointly and not severally adding that he had a thousand times said that there is no God and yet that saying that looks so scandalously Atheistically and Blasphemously taken disjointed and severally from the foregoing Words are really innocent and harmless and have been spoken a thousand times by every Man that has a thousand times read or repeated Psal 14. 1. The Fool hath said in his Heart there is no God So also in infinite Instances as to say It is not lawful to love God nor to 〈◊〉 our Neighbour dissemblingly or hypocritically take away the last Words and 〈◊〉 looks scandalously and most prophanely but taken altogether no harm all but good and true and like that of the Apostle Let Love be without Dissimulation The said Harris Witness for the Plantiff had got the Words pretty well by Heart but yet did not swear them so roundly off as was expected For as to the first Words namely The Lord Bishop of London is a bold daring impudent Man for sending some Heads of Divinity to all his Clergy in these
depending in the King's-Bench Hah where Sir John Shaw had no Authority to give or take an Oath Hah in private Hah against the Laws of the Land Hah and made them ready against the Bishop came down to set the Bishop to Roil Mr. Hickeringill whom he knew would not tamely suffer himself and his Reputation to be illegally and publickly brought in question by any Bishop in Christendom Hah This was the Sum and Substance of those two Letters which the Defendant writ to the said Bishop that were never answered but only as Men are when they are prest to Death with more Weight more Weight The Defendant in vain opposed the reading of his private Letters saying it was not genteel civil nor manly to produce such Evidence and nothing to the present Declaration and that tho there was nothing in them but what was modest and true yet private Letters are and ought to be sacred in their Privacy and that Si liceat parvis componere magna King Charles 1. If it be lawful to compare great with small did justly upbraid the Parliament with the Incivility of publishing his private Letters taken at Naseby tho there was nothing in them nor in this Defendants Letters for which any Man need blush or be blam'd But this is the Ecclesiastical-Candor any Method to expose the Defendant no Vengeance is great enough no Fine or Verdict outragious enough to crush one that dares as the Defendant has discover the Mystery of Iniquity Ecclesiastical in Extortions illegal Fees Oppressions and Courts kept in dessance of the Statutes of this Realm Excommunications Absolutions Prophanations Procurations Visitations namely Vexations c. There 's a Villain indeed Plague him All Hands aloft all 's at Stake down goes if you do not help This Fellow is another Germana illa Bestia quae non curat Aurum a German Beast that regards not Preferment as the Cardinal told the Pope when he chid him because he could not by tampering with Luther and the proffer of Gold and a Cardinal's Cap prevail with him nor take him off from writing and preaching against the Abominations and Corruptions of the Church and Church-men Church and Church-men Ay set but the Clergy upon a Man and you need not set any Dogs upon him to worry him Church and Church-men Ha! do you know who you speak against what Find fault with Oppressions and Extortions of Ecclesiastical-Courts with Apparitors Registers Commissaries and all that Fry of Lay-Elders Church and Church-men Ha! Do you speak against Prelacy Say that Word again say it again before Witness Sirrah Villain Rogue How dare you at this time of day speak Scripture dangerous Scripture Scripture against Statute-Law 2 Rich. 2. 5. which Statute makes a Prelate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Acts 8. 9. some great One and you Sirra would have him as your Saviour and the Gospel would have him as lowly as Christ or his Apostles you Sirra do you speak Scripture in a Court of Law Ha! what do you produce a Bible instead of a Breviate Do you plead Gospel against Law and Christ and his Apostles in defiance of Rich. 2 An Aggravation an Aggravation as Sir Francis Withins said the Defendant justifies in a Plea of Non-Culp this is rich indeed These Errors will be committed when you suffer Parsons to be Pleaders and plead their own Cause and understand not the Punctilio's and Methods of nice-pleading very fine What suffer Scripture to be quoted instead of Law and Christ and his Apostles instead of Cook and Littleton for Shame And yet the Defendant ignorant Man did not understand the mischief of urging a little Scripture in this Cause betwixt two Church-men and already there decided namely that of Christ St. Paul and St. Peter against all Prelacy Pride Lordliness and Dominion one Brother over another not Lording it over God's Heritage But Christ and St. Paul and St. Peter were poor Men Silver and Gold had they none they were meek humble and lowly and when they were reviled reviled not again nor brought an Action of Scandalum Magnat nor did Fee a pack of Lawyers to mouth it upon an old Statute made in the time of Popish Prelacy and when Antichrist was Rampant and when the Devil raigned a time as the Defendant told the Court when the Prelates did all and all ill a time when the Prelates were grand Rebels as ever were in England For then in the Raign of Rich. 2. was this Statute made when the Clergy were as very Rebels as Wall the Priest Wat. Tyler or any of that wicked Crew 'T is true Henry Spencer Bishop of Norwich was General for the King both in England and France did not Armour disgrace Bishop Henry's Lawn-Sleeves The Bishop of Ely was Lord Chancellor Countez Two Tho. Arundel Bishop of Hereford Countez Three Lord Treasurer Nicholas Abbot of Waltham Lord Privy-Seal Four William Arch-Bishop of Canterbury Five Alexander Arch-Bishop of York Countez Six William Bishop of Winchester Seven And Thomas Bishop of Exeter Eight Good Men and True that 's a Lye a Pack of damnable Villains and Rebells as ever were in England for taking upon them by Commission to rule the King and Kingdom and so the Judges concluded that Commission of thirteen Persons to rule the King and Kingdom of which eight were Prelates with five Lay-men for fashion-sake for the Prelates could out-vote them when they list a Devilish Rebellion abominable Prelates in Rich. 2d's time when the Statute of Scandalum Magnatum was made and struck at it has been by the last Parliament at Westminster and others as a Statute obsolete or in the Judgment of the Wisdom of the Nation the Honourable House of Commons to be repealed being made in the wicked time aforesaid when the Devil danc'd and Simon Magus vaunted himself to be one of the Magnat some Great One and yet also the Successor of Simon Peter who was a poor Fisher-man and a Fisher of Men not a Pick-Pocket nor a Promoter of Law-Suits nor did he mend his Market by turning Church-man as some have done too well known but to his dying day was poor and pennyless having his Faith and Hope in another World and being a Disciple of him whose Kingdom is not of this World All this and more the Defendant told the Court and the Men that were sworn for to give the Judge his due he gave the Defendant sufficient leave and leisure for three hours to defend himself against the crafty Suggestions and dirty Language thrown at him on purpose to vilify him with Dirt which the Counsel had rak'd up together and in two set-Speeches made on purpose fetch'd it far and not at all to the purpose or to the matter in hand villifying him with the Miseries and Vexations with which they had loaded him in the Barretry and Supplicavit as if his Sufferings were his only Crime But something they must say for their Guinies and for their Lord Prelate and in hopes of Preferment and his
past if he had had no other work but to fence and ward off the Blows made at him Then six Proctors they swear against him Articles in the King's-Bench and procure the Writ of Supplicavit against him a Writ seldom granted against any in these Days as we are told by the Compleat Sollicitor p. 73 74. He says he remembers that about eight Years ago in the days of Usurpation for his Book was printed Anno. Dom. 1666. a troublesome malicious Priest sued one namely a Supplicavit against some of his Neighbours but he had not heard of any since and the Parties craving it should take their Corporal Oath that it is not desired for any Malice Hatred or Envy to the Party surely if the said six Proctors swore it they swore it freely heartily and clearly Besides tho 't is a Writ rarely granted yet when it is granted it is more rarely granted against any but common Rogues and Villains common Barretors and Man-Catchers Is there greater Indignity than to be crucified amongst Thieves and Rogues It has been the Lot of his Betters tho the Defendant offered an Affidavit in his behalf made before Judg Dolben by three Worthy Citizens and desired with all Humility that as the Bench had heard of one side Affidavits against him that they would please to leave one Ear open to hear some Affidavits for him and some Pleas in his Defence intending to insist upon the Statute of 2 Edw. 6. 1. which if it be in force then the Ecclesiastical Courts sit not legally nor can they be called by Names bad enough and if that Statute be not in force then why did the Lord Chief Justice Pemberton insist upon it so lately at the King's-Bench Bar and also Mr. Rotherham for their Client Mr. Weald of Much-Waltham in Essex about the time that the last Parliament sate at Westminster telling the Lord Chief Justice Scroggs that he would not urge it warmly or Words to the like Effect because he perceiv'd his Lordship was not prepar'd at that time to give an answer to that Statute or Words to the like Effect A moot-Case belike then and a hard Case to bind a Man to the Good-Behaviour or threaten him with a Jaile when not wiser in the construction of the force of a Statute than the Lord Chief Justice But nothing would be admitted to be pleaded in the Defendants Defence but utrum horum that is not false Latin whatsoever quisquis is Sad choice alas Bail or a Jail There is no fence against a Flail They that will hear but of one Ear here shall be made to hear on both Ears one Day the Day of Judgment And tho Mr. Shepherd in his Office of a Justice of the Peace pag. 83. says that in taking a Recognizance upon a Supplicavit the ordinary Sum is ten or twenty Pounds and difficultly enough too to be procured by a poor Rogue tho a great Rogue yet since the time and Sum is Arbitrary and in the Breast of the Justices no less than a hundred Pounds must Mr. Hickeringill be bound in for affronting the Men of Doctors-Commons if the Proctors swore through-stitch nay one of the Bench stood stifly for 200 Pounds that the Principal should Recognize but in that he was over-ruled and four Sureties in 50 l. apiece whereas a poor common-Rogue could hardly have procur'd two Manucaptors Ay Ay he that will have Honour must sometimes pay for his Ambition But as if all these troubles were too little for the Defendant besides the Weekly Affronts By the Weekly News-mongers in their Tantivy-Pamphlets not to mention those familiar little friendly Courtships and Caresses of Villain Rogue Colchester-Hick the great Scribler of the Nation Daring Nat. Thompson reports him to be convict of Perjury tho Nat. hides his viler Head for the same and dare not give an appearance for himself and his Consort to Mr. Godfrey Woodward Attorney who has long been prepar'd for him if he could come at him for villifying and aspersing such a Man as Mr. Hickeringill with so pernicious and false a Slander all the Kingdom over But these are small Matters loss of Reputation and to be called and accounted a common Rogue common Barretor common Villain a small matter Oh! But in the Neck of all comes me decima unda the tenth Wave an Action of 5000 l. thick brought by a great Bishop too of great Interest great Power great Friends great Parts great Learning and great all over against a poor Priest or younger Brother a Minorite to Reform him if any Body could tell how and make him better Nay it will be dangerous this whole long Year for Mr. Hickeringill to say as did the Emperour at a General Council when at the first setting out and opening thereof the good Fathers were gravell'd and at a loss where first to begin to 'mend the Ecclesiastical Frame being so horribly out of Frame â Minoritis cries one of the great Ones very politickly no quoth the Emperour rather a Majoritis let us first begin to 'mend the great Ones The Naked Truth with ease we tear Not such as Vizor-Masques do wear For Vizors sconce and skreen Men here But will not always last I fear This fam'd Trial came on March 8 1681. at the Nisi prius Bar before the Lord Chief Justice Sir Francis Pemberton The Jury by the Sheriff of the County of Essex were thus return'd viz. Essex ss Nomina Jur. inter Henr. Epis Lond. qui tam c. Quer. Et Edmond Hickeringill Cler. Defend Andreas Jenner de Dunmow Magnâ Bar. Ricardus Everard de Waltham Magnâ Bar. Edwardus Smith de Thoydonmount Bar. Willielmus Appleton de Shenfield Bar. Johannes Bramston de Roxwell Miles Balnei Marcus Guyon de Coggeshall Magnâ Miles Johannes Marshal Miles Willielmus Maynard de Waltham Stow Ar. Willielmus Glascock de Farnham Ar. Jacobus Milbourn de Dunmow Magnâ Ar. Alexander Prescot de Mountnessing Ar. Willielmus Pert de eâd. Ar. Samuel Hare de Leigh Ar. Anthonius Abdey de Kelvedon Ar. Ricardus Ballet de Hatfield Broad-Oak Ar. Johannes Meade de Wenden Ar. Johannes Tendring de Baddow Magnâ Ar. Willielmus Petre de Stanford Rivers Ar. Henricus Paschal de Baddow Magnâ Ar. Henricus Humfreys de Westhamingfield Ar. Ricardus How de Ingate-stone Ar. Ricardus Stanes de Altâ Ongar Ar. Aurelius Piercey Wiseman de Wimbish Ar. Edwardus Taverner de Canfield Ar. None of the Jury were challenged by either side Most of the Gentlemen first named in the Pannel appear'd and serv'd being sworn a little Councel tremblingly made a shift to read the Heads of the Declaration viz. The Declaration in English faithfully translated out of the Lawyers Latin was to this Effect viz. Trinity Term xxxiii R. R. Carol. 2. HENRY Bishop of London one of the Prelates of this Realm of England as well for our Soveraign Lord the King as for himself complaineth of Edmond Hickeringill Clerk in the Custody of the Marshal of the Marshalsea for that whereas in
of the young Courtiers saying My Father made your Yoke heavy but I will add to your Yoke my Father chastised you with Whips but I will chastise you with Scorpions My little Finger shall be thicker than my Father's Loins Cunning Fool and subtil Politician nay the Text says 1 King 12. 15. that the Cause why the King hearkned not unto the People was from the Lord for his Ruin No wonder then the People grew stark mad Cruelty and Oppression had made them so mad and yet we do not read that Rehoboam nor Solomon opprest the People but that they had a Law on their side to vouch the Whips and the Scorpions too Remember Emson and Dudley No wonder then the People run into Rebellion to this day V. 19. and run stark mad and after a foolish Religion too but they that were made desperate by bad usage and cruelty it might be better with them it could not be worse they could but lose their Lives or their Livings Lands Goods and Liberty more dear than Life and therefore they publickly beat up their Drums to a Point of War and makes the Trumpets sound To Horse To Horse Ver. 16. So when all Israel saw that the King hearkned not unto them the People answered the King to his Head and to his Face most irreverently saying What Portion have we in David Neither have we Inheritance in the Son of Jesse To your Tents O Israel Now see to thy House David 1 King 12. 16 17 18 19 20. This 't is to take no warning no Counsel no Advice but of a sort of young unexperienc'd huffing vapouring sanguinary blustering bold daring Coxcombs and very ignorant the poor foolish King found it so to his cost good Man And what Mischiefs have come to the Church to the Nations to Christianity and Christendom by these rash sanguinary ways for every thing is most certainly best preserv'd by the same Means and Methods by which it was made nor was the Peace of Christianity nor its Propagation by Might nor by Power but by my Spirit saith the Lord of Hosts The World shall have a large and particular Account thereof if Mr. Hickeringill live and can come at Pen Ink and Paper of which his Enemies with all their Policies and Subtilties have not had power enough as yet to deprive him But will no doubt drive on in the same Road Jehu-like stand and see what an old House some Men have a mind to bring over their own Heads let them alone you cannot advise them more mischievously to themselves than to bid them follow their own Advice and consult only with their own malice hatred and revenge cruelty and mischief Let them alone and give them scope enough go on Mr. Hickeringill will also publickly make appear if God spare him Life Health and Liberty particularly and at large how baneful it has been to the Church to make Church-men and Spiritual Persons vastly rich and vastly powerful in Temporals so incongruous and incompatible with the Apostles the Gospel nay Christ himself whose Kingdom is not of this World and who never encouraged as some do but discouraged a worldly proud pragmatical Tribe overtopping Clergie and Lay as much as their Cathedrals overtop our Houses Though they have endeavoured to shut him out of the Pulpit a while by the help of an old Statute and a Jury they have not power to shut the Doors of the Press God be thanked Luther and Calvin's Reformation of the Idolatries and Superstitions of Rome could never have spread far and wide if Printing had not been invented A few Manuscripts might have been handled about to some few particular Persons and learned Men But the Tyranny Prelatical and Oppressions of Rome in England Scotland Ireland France Sweden Germany Denmark Holland c. could never without a Miracle have been defeated But by the Printing-Press well employ'd by able and Learned Pens not scurrilous News-mongers The three aforesaid Crimes are only personal and singular but there are other abominable Crimes of which the rest are guilty or the most of them Is not this too Scandalum Magnatum Of which many Instances may be given some for Example Namely Their Connivance confident and bold permission of all their under-Officers in their Ecclesiastical Courts if not their incouragement assistance and by their Power and Interest a bold countenance of the daily constant publick and impudent Extortions and Oppressions of the King's Subjects against the Statutes of this Realm that limit the just Fees in Citations Probate of Wills Administrations c. nay against their own Canon-Law Concil London 3. Edw. 3. Anno Dom. 1328. and against their own Table of Fees Wretched universal and abominable Impudence no Name can be bad enough for this wilful and daring Attempt and Contempt What in God's Name are any Prelats greater than the Laws or too big to be subject to the King's Laws or too great to be good God forbid No wonder the whole Tribe unite their Power against the Man who has courage to charge those things home upon them and whom they therefore hate because he is and few Men more acquainted with their Mysteries of Iniquity and knows how to charge them home No wonder therefore they so much dread him and do so unite their Common-Forces and Joint-Interest to ruin him or Jayl him and so tie up his Hands as well as stop his Mouth by their Ecclesiastical-Canon-Shot of Suspensions Silencings Excommunications Curses and the like Spiritual Artillery they act for Life as Men that are drawing on The Silver-Smiths cried out Great is Diana of the Ephesians And yet to tell you true this chast Diana whose Image as the Priests said came down from Jupiter and the Fools and Bigots believed it Tooth and Nail and the crafty Priests and the Shrine-makers and Silver-Smiths false Loons they knew that their great Wealth depended upon the belief on 't no wonder then that they cry and whoop and hallow and the Fools and Bigots eccho'd to the cry which the Shrine-makers made Great is Diana of the Ephesians and yet to tell you the Naked-Truth on 't this chast Diana was a Common-Huntress and Common-Strumpet and Baggage and as arrand a Whore as any in Rome Where is there a Clergy-man now-a-days that will say as of old Nolo Episcopari I will not Bishop it if I might or would gueld himself as some have done to make themselves uncapable of Lawn-sleeves No rather run and ride with Friends and Relations Mony and Flattery Cringing and Foppery to this Miss to that Miss Mony and Complyance against their Consciences by hook and by crook have at it though good Men find how hard it is for a Rich Man to enter into the Kingdom of Heaven much more difficult for a Rich Man to be a good Church-man For they that will be Rich 1 Tim. 6. 9. fall into Temptation and a Snare and into many foolish and hurtful Lusts which drown Men yet they venture into Destruction and