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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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not well how to avoid it And therefore Powel being first ask'd the Question and the rest of them after him one after another was at a stand and knew not what to say Let 's have no Pumping no Pumping I beseech you good Mr. Powel answer directly said the Defendant Is it not an ill thing for a Minister to be Non-Resident ever since before Mid-Summer last Yes replyed he and they there was no help for it Well then Has not Mr. Harris been non-Resident and deserted his Flock ever since Mid-summer last Yes replyed Mr. Powel and the rest of them and yet before they knew no ill thing But says Mr. Powel there has been some Differences and Contentions about the Parishes of St. Buttolphs and St. Leonard's in Colchester which the Bishop gave to Mr. Harris by Sequestration But replyed the Defendant What is that to Fingringhoe to which Vicaridge Harris is Instituted and Inducted to your knowledg for you were present at his Induction and so was Thompson and Shelton the other Witnesses which all of them confest for they could not avoid it by any Evasion or Equivocation only said there was no Vicarage-House at Fingringhoe to whom the Defendant retorted That it might be a good excuse for not residing upon his Vicarage if he resided in any other House of the Parish but what is that to his leaving his Flock at the distance of fourty Miles namely at London and taking upon him another Cure and Charge as Curate under Mr. Grove and leaving none to supply the place for three quarters of a Year nor four Sermons from Mid-summer to Michaelmas and those preach'd by a quondam Logg-river one Mr. Sills Rector of Dounyland a good Rectory but the Man tho a Rector never yet could nor ever was able so much as to read his Accidence yet he that knows not how to supply his own Cure as he ought must for cheapness mumble to boot a little for this prime and single Episcopal-Witness good doings the while This 't is to be in Favour with a Prelate and this 't is to incur the Displeasure of a Prelate and tell bold Truths behold the difference The Defendant silenc'd stigmatiz'd bely'd and slander'd vilify'd as a Common-Varlet and Common-Barretor paid off with Indictments Informations Actions and Accusations in Spiritual Court in Temporal Courts Henry Bishop of London Promoter Suspensions Supplicavits Excommunications Fines outragious Verdicts Plots and Complots Conspiracies and Horrid Plots to ruine him and his Family by enriching the Rich Bishop and all for what For a little Naked-Truth Sir George Jefferies brought the Books and pointed with his Index to the two last Lines of the Black Non-Conformist namely A Bishop sayest Thou lyest Him Cornet call Of the Black-Regiment that Jayles us all The Welsh-man looking merrily at the Defendant and glaring in his Face For Sir George insisted more to the Jury concerning the Defendant's Books and his writing and speaking against Lordly Prelacy than upon the Declaration producing two Letters writ by the Defendant to the Bishop wherein he complain'd to the Bishop how hardly he was used I wish they would Print those Letters as well as produce them to the Jury as if it were a Sin to groan when a Man is pinch'd and tormented First they make us sigh and then accuse us for sighing to ease our Hearts But first Sir George insisted upon the Title and Superscription of those Letters To the Bishop of London which was descanted upon notably by that Critick in Law Sir George Jefferies namely this To HENRY Lord Bishop of LONDON These Do you see Gentlemen quoth Sir George Henry Lord Bishop no more I Sir quoth he to the Defendant It might have become you to have styl'd him Reverend Father in God you have not said To the Right Reverend Father in God Henry Lord Bishop c. That quoth Sir George is omitted and seems to be an Aggravation at least if not another Scandalum Magnatum nothing but plain Henry Lord Bishop A Gentleman of a noble Extract and Pedigree I hope the Jury will take notice of this Omission here is no Reverend Father in God That is replyed the Defendant the very Naked-Truth on 't you say right Sir George there is no Reverend Father in God in the case who denies it But said the Defendant I am not innur'd nor desire to be innur'd to Court-Complements I think to say Henry Lord Bishop is pretty fair for him and pretty fair from me Sir George makes little or nothing of a Lordship belike whereas the Bishop of London's Grand-Father William Compton liv'd the greatest part of his Life without the Title of Lordship For indeed William Compton this Bishop's Grand-Father was the first of the Compton's that ever was an Earl since Adam And King James created him Earl of Northampton I could tell the Reader how and for what too Anno Dom. 1618. There are thousands alive that remember the Business But no doubt but the Bishop did come of a noble Extract But if Sir George had not taken notice of it the noble Family would have been never the worse for when Men are always dung in the Teeth with the same and the same Bastinado Self-Preservation makes them stand upon their Guard and perhaps take the length on 't and as it happens this Pedigree that Sir George did so bluster with is not so long neither not so long as a Welsh-Pedigree ap Lewis ap George ap Morgan ap Taphee ap Lloyd is a Pedigree more than twice so long But I should have wondred if the Welsh-man on this occasion too you 'll say had not vapour'd with his Extract and Pedigree But to the Business Here 's no Reverend Father in God 'T is readily granted nor is the Omission a Sin of Omission 't is no Crime For a younger Brother to be a Lord that 's pretty fair and more honour than his Grand-Father arriv'd unto at his Years For a Man that was but the other day a Cornet in Captain Compton's Troop in the Earl of Oxford's Regiment I think by the King's Grace to be made a Prelate and a Lord Bishop there 's no reason in the World that he or any Body else should take it so in disdain to be called only Lord Bishop since that old Complement of Popish-Times namely Reverend Father in God was never given 'till Priests grew abominably and loathsomely Proud and Ambitious when Pride and Prelacy came in Fashion The Defendant in his Epistle Dedicatory to the Arch-Bishop to avoid offence in his Book called the Black-Non-Conformist does give that old Father The Stile namely the Stile that Sir George does so want and does so stare about to the Jury to find it missing To the Reverend Father in God William c. But the Bishop of London is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 newly come to the Faith as being young in Years and a Cornet of Horse within the memory of Youth and unmarried and much a younger Brother to the
Defendant both in Years in Travels in Studies at the University in Experience nay as a Souldier too one a Cornet the other a Captain one a great Traveller as the most Gentlemen in England the other 's greatest Travels is but over the Diocess in Conferences Visitations to gather Procurations and unconformable Confirmations not according to Law as is proved in the Black-Non-Conformist and for the Defendant to have called one who is indeed only by the King's Grace as being made a Bishop and a Doctor and therefore only his Senior but his younger Brother by many Degrees in all other respects as aforesaid if the Defendant had pleased Sir George's Humour and had stiled him Reverend Father in God perhaps the Bishop would have thought the Defendant had jeer'd him and then all the Fat had been in the Fire again and all in a Flame the other Action of Scandalum Magnatum And let the By-standers judg whether it had not been as much for the Bishop's Honour if Sir George had never touch'd upon the Pedigree but have left it quiet as he found it nor yet have star'd about when he mist the old cogging flattering Hierarchical and Prelatical Complement of Reverend Father in God A Complement now worn out at Elbows and as tatter'd trite and Thread-bare as Your Humble Servant And for the noble Pedigree the Welsh-man had as good have let it alone if it had been possible for a Welsh-man to omit the Occasion but the noble Extract and Pedigree which no Body does deny had rested never the worse if he had suffer'd it to sleep quietly to all Posterity without this his Index to disturb it Here 's a flanting-do with these Welsh-men and their Extracts and their Pedigree's and if old Adam or Noah were alive they would equally love a Beggar as one who is as nigh a Kinsman of their Blood as the Welsh Knight himself Away with this musty worm-eaten-Heraldry some by pimping and worse have got to be Lords stand clear there from all his Progeny remember 2 Ric. 2. Sirra we 'll Scandalum Magnat you do you not honour a Lord and a Lord's Son A Lord's Son Can you prove your Words Now it is the Mode in some Countries for Ladies that have Lords to have also a Gallant a strong Back'd Coach-man or sweaty Foot-man or Groom Spindle-shank'd Gentlemen-Ushers as useless being laid aside And now it is the Mode the Court-like Mode for a Lord that has a Wife to keep a Miss likewise That it would puzzle this same little Harris who would make no Bones of a probable Oath but swallow it roundly to swear who is a Lord's Son and yet what a pother Men keep in the World with their Noble Blood Noble Blood when the Chirurgeon swears that there is not one of a hundred Lords upon trial of Phlebotomy has so good Blood in his Veins as the Defendant In Guinee therefore to secure the Blood-Royal infallibly in the Blood and Family-Royal the eldest Son of the King 's eldest Sister does Heir the Crown not the King's Son for so there can be no foul play But the said two Letters were read wherein the Defendant inculcated the Commands of our Saviour to his Disciples that they should not Lord it over one another as the Princes and Men of the World do Look you says Sir Francis Withins he justifies his speaking against Prelates As if it were a Sin to quote our Saviour's own Words But especially He and Sir George storm'd when the Defendant said That Prelacy is condemn'd 1 Tim. 5. 21. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absque eo ut unum alteri praeferas without preferring or prelating one before another Worse and worse saith Mr. Withins He justifies here 's Scandalum Magnatum again an Aggravation Gentlemen I hope you will remember it in the Damages Ay Ay trouble not your Head The Jury-men were Wise-men and had conn'd their Lesson perfectly and knew their Business and what to do as well as Sir Francis could tell them he might have spar'd his Breath to cool his Pottage or for the next cause and yet when his Tongue did not go his Hand went at every Clause and Period and sometimes at every Word lifting up his Hand and then the Cadence he had seen the Singing-men how they act their Prayers And when the Words of the Letter were full of heavy complaints made to the Bishop by this Defendant at every Period or Clause Hah quoth Sir Francis As when in the Letter the Defendant complains that the Bishop of London listned to clandestine Affidavits Hah quoth Sir Francis about the false Accusations of Barretry Hah and taken illegally Hah and out of Court Hah when there was no Cause depending Hah nor any Issue joined Hah nor any Cause that was of Ecclesiastical cognizance Hah and sworn by two Bum-lifts Martin and Groom Hah two Fellows of the basest Conversation Hah the former Martin whip'd for a Thief Hah in Sudbury Hah and the Record thereof produc'd and prov'd at the Assizes by Mr. George Catesby Town-Clerk of Sudbury Hah still quoth Sir Francis And that the Fellows swore through an Inch-Board as swearing against Records Hah and after his Lordship knew this to be true yet He or his Chancellor Sir Tho. Exton or the Registers Morris and Betts or all of them still prosecuted the Defendant as a Common-Barretor Hah and for taking a Bribe for granting an Administration to Thomas Shortland which they knew by their Register-Books was never granted and yet knowing all this they suffer'd this Martin to swear that he brought the Administration from Chelmnesford from the Register's-Office of that Couple Morris and Betts and Groom their Apparitor fit Companions in their Spiritual Court swore he saw the Administration under Seal of the Court and granted to Thomas Shortland by the Defendant as Surrogate when they knew all was false as God is true and that not the Defendant but Gilbert Arch-Bishop of Canterbury in the Prerogative-Court where the Defendant was never concern'd in his Life and Marcus Cottle not Morris nor Betts Registers and under the Seal of the Arch-Bishop Of such Vexations and Grievances the Defendant humbly complains but smartly and warmly too in his Letters to the Bishop and humbly entreats the Bishop either to give him reparation for the Damages he has causelessly been put unto or if he would stand upon the Plea of his Innocence and Justification that he would please to give this Defendant the Benefit of righting himself by Law Hah And that the said Bishop would be pleased to wave his Priviledg and give Appearance to the Desendants Attorney Mr. Coleman Hah and come in amongst the rest of the Conspirators and Plotters against the Defendants righteous Name and Reputation Hah And that all these Mischiefs had their rise from that old inveterate piece of Malice Hah Sir John Shaw Hah who without any lawful Power or Authority Hah had taken clandestine Affidavits Hah in his House Hah about Barretry Hah
Jura Lyndwood in Con. Oth. quid ad ven v. corrigend Then 2 dly For the Bowings Noddings to the East to the Altar to the Wax-Candles Is it not bold and daring c. to set up or countenance Ceremonies against the King's Laws and Acts of Uniformity that were never of God's making nor of the King and Parliament's making Is not this bold daring and abominably impudent Then 3dly To recommend in a printed Paper Canons for the Clergy to observe the 65 66 and 3 of the Canons of Forty when there never was any such in the World And as for these Lambeth Canons that to make all the Republicks in the World our Enemies falsely assert that Monarchy is Jure divino by the prime Law of Nature and at large confuted in Naked Truth 2d Part. It was Impudence in the Clergy to make that first-of-the Lambeth-Canons at first and greater Ignorance that a whole Convocation should be no wiser and yet so bold daring and impudent as to impose upon the Clergy and Lay-People such Vntruths and Falshoods as are in that first Article of the Constitutions of Forty but strangely bold daring and impudent for any Man at this day to justify vindicate recommend or defend them The Naked Truth 2d Part has confuted the Vanity and Ignorance of the Convocation in that first Article of their Lambeth-Canons or Constitutions of Forty against all Contradiction and beyond the Skill of all the Bishops and Clergy of England to answer at least hitherto they have slept quietly upon 't and shall a single Bishop and one of the youngest Sort too revive them and yet cannot justify the very first of them which is not the worst of them neither as is fully and particularly and at large proved by the Defendant in his former Works and condemn'd by the great Wisdom of the Nation in an Ordinance This 't is for Men to stand on the utmost Pinacle of the Temple and oversee and command all others when a lower Seat of the Church would be as well or more easily supplied by them What Mischief to the Church in all Ages has it brought To make Boy-Cardinals and Boy-Bishops and Novices great before they be good and to command wiser Men than themselves Like Fresh-water and Courtier-Captains of Ships and yet know not Larboard from Starboard or how to right the Helm nay perhaps can neither box nor so much as say their Compass and yet these must be Pilots and Governors 't is the Ruin of the Fleet. Or to set up or prop a Church of Christ with the unsuitable and rotten Props of Cruelty and Force as if Christianity destroyed what it came to amend Humanity or that to be a Christian Governor is to be an inhumane Devil good for nothing but to run up and down seeking whom he may devour and worse than Turks Jews Heathens and Infidels It is this Ecclesiastical Policy that has ruin'd the most resplendent Empire of the Christian World Spain not so terrible in her inexhaustible Treasures and Indie-Mines as formerly in her Warlike Hands yet How contemptible now how depopulated how despicable to all their Neighbours that were so formidable so latley to England and the Christian World How did King James court them and King Charles the First humble himself in hopes of an Alliance with Spain What cringing Letters upon this Hope were writ to his Holiness what Complements for I hope they were not in earnest to Pope Gregory the 15th that Wretch Sanctissime Pater Beatitudinis vestrae Literas c. Nunquam tanto quo ferimur studio nunquam tam arcto tam indissolubili vinculo ulli mortalium conjungi cuperemus cujus odio Religionem prosequeremur c. Vt sicut omnes unam individuam Trinitatem unum Christum crucifixum confitemur in unam Fidem coalescamus Quod ut assequamur labores omnes atque vigilias Regnorum etiam atque Vitae pericula parvi pendimus c. Bless us what Promises are here of Propensity to Rome even to the Hazard of Life Kingdoms and All in devotion to his Blessedness so he is friled who will not stir a Step from his Infallibility one would think that to have met him half way had been Devotion enough in all Conscience Reason Scripture Law or Equity and for such mighty and wise Kings and Princes too you 'll say as were King James and King Charles the First in so I hope never to be again imitated Condescension and Submission It makes my Heart ake to think on 't or read the Letters published at length by the indefatigable Mr. Rushworth as before quoted and all the Pope's Demands signed by the King and Prince p. 73. of his Historical Collect. Part 1. And all this for what For the Spanish Match And now Spain is glad to woo instead of being wooed glad to court and address instead of receiving Addresses glad with Gifts Pensions even to the emptying of their Inexhaustible Treasure beggar themselves and keep themselves poor and pennyless to keep Cart on Wheels nay and all will scarce do neither And why and why They are depopulated by the Inquisition the Severity and Persecution according to Law tho And their Trade is decayed by reason of their foppish and numerous Holy-Days or Play-days Families are needy and starved because not suffered to work upon the Six Days whereon God says thou shalt labour That were it not that the Indian Mines did supply them with merconary Souldiers poor Refuge to trust unto God knows they had given up the Ghost long ago And now do not they gape for Help or some poor Comfort like Men drawing on or at the last Gasp Nay I my self know scarce any Man better that if there were War betwixt England and Spain which few Men desire in this Conjuncture Jamaica and the Wind-ward Islands alone are ten Men to one of all the natural Spaniards in the Indies and without the help of England either in Men or Ships Money or Ammunition could I know what But I 'le reserve it to another Season I know on what Score the brave Raleigh was sacrificed to Gundamore's Revenge the Spanish Embassador Yet some Politicians the Scholars and Disciples of Nat. Thomson L'Estrange and Heraclitus think that the best Way to keep a Kingdom quiet is to depopulate jail them beggar them sham-plot them send them to the Devil and the Jail spoil all Trade discourage all Adventures to Sea as if Men were Dogs and good for nothing but to be hang'd And yet the wise Man found it true That Oppression makes a wise Man mad and with all his Wisdom and his Politicks he found too late that he was mated and bearded by his own Servant and he none of the best neither Jeroboam who taking advantage of the People's Discontent and Murmurings wanting only a Head to relieve themselves soon won eleven of the twelve Tribes from the Fool that would listen to no Advice no Address but that