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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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I have made to your Lordship that all Differences as well as the Action of Scandalum Magnatum brought against me by your Lordship may be amicably composed before the utmost Extremity be tried If I had spoke the Words modo formâ as they are laid in your Declaration I know not whether upon any Submission your Lordship would find Mercy enough to remit them But my Lord if you will vouchsafe me a Hearing with or without your own Witness or Witnesses I doubt not but he or they will evidence my Innocence that I never spoke the Words as they are laid but without any Interruption or Intermission in a continued Discourse I did explain and explain and express what horrid Plot it was which I said your Lordship had a hand in viz. against my righteous Name and Reputation in the Barretry And that those ungrateful Words of Impudent and Ignorant which are odious if considered abstractly had reference only to a Discourse we had of a printed Paper your Lordship recommended to the Clergy of Essex in your last Visitation and amongst other things the Observation of the Canons of 40 by Name disallowed by 13. Car. 2. 12. Which Statute if your Lordship knew not I said you were ignorant thereof or if you knew it it was impudent to confront the said Act of King and Parliament opposing your Sence against theirs All which my Lord are not scandalous taken together nor against the Statute if true but the last Words were very rashly and irreverently spoken and I am so far from justifying the Irreverence and Indecency of the Expressions what Provocation soever I might have that I will give your Lordship what Satisfaction your Lordship shall reasonably require with all Humility and Contrition And I am the rather hopeful of the good Success of this my humble Submission because I hope your Lordship intended nothing else in bringing the Action but only to bring me to Acknowledgment of the Irreverence of the Expressions and not with a design to enrich your self by any Money of mine or undoing me and my Family Yet my Lord I doubt not but to make it appear if you will admit me to your Lordship that the Action against me is ill laid and that you wlil certainly be non-suited tho it be no Policy to tell your Lordship how and wherein at this time of Day However it will approve me ingenuous towards your Lordship and that I do as industriously avoid a Conquest as well as all Contest with your Lordship and that this Submission proceeds from nobler Principles than Fear can suggest But I have had so ill Success in all my former Applications to your Lordship that I have but little Faith or Hope in the Success of this however nothing on my part shall be wanting to an Accommodation And since Almighty God in Mercy does not send a Thunderbolt for every rash Oath or every irreverent Word against his holy Name your Lordship I faintly hope will after his Example find Mercy and Grace enough to remit My Lord Your Lordship 's humble Servant EDM. HICKERINGIL Now let the Reader judg whether any soft Concession or Submissions can mollify this sort of Men Flints will break upon a Feather-Bed but the Bishop and his Clerks near the Isle of Scilly are harder than Flint harder than the Adamant or the nether Milstone What Advantage did Sir Francis Pemberton the Lord Chief Justice take at the Defendant's ingenuous Concessions which were more than needed in the Case For there are not any Words laid in the Declaration if never so true and well-prov'd that are actionable or within that Statute but are justifiable as they were spoken And upon a Writ of Error it will appear for the Oath of the Judges is to have no respect of Persons in Judgment That the Words in all the three several Counts are not actionable nor scandalous and if so then all this Noise is like the Shearing of Hogs a great Cry and a little Wooll To say His Lordship is very ignorant 't is too true and if he be wise he will confess it as aforesaid St. Paul did and so Socrates and all the wise Men before or since Agur or Solomon one of them says I am more brutish than any Man I have not the Vnderstanding of a Man That Danger is over the other is easy For to say in sensu conjuncto nay in sensu diviso That his Lordship is a bold Man A Souldier should be so much more when he is a Souldier of Christ much more when he mounts so high as to be a Prelate he had need be bold or daring because of the many Oppositions he must expect to encounter The Apostle bids us stand to our Arms and put on the whole Armor of God and stand and when we have done all to stand Aristotle and all the Philosophers make Fortitude to be one of the four Cardinal Vertues I never heard it was scandalous before to say a Man is bold and daring if it had on the contrary been said his Lordship is fearful a Coward and then Then then indeed the Scandal magnat would be greatly scandalous and within the Statute and the Action would well lie but not to say His Lordship is a bold daring Man though you add a bold daring impudent Man for sending some Heads of Divinity in a printed Paper contrary to Law Is it not Impudence to live in the Practice and Office Episcopal acting contrary to those Methods Rules and Rubricks commanded in the Statutes by King and Parliament and contrary to the Common-Prayer Book and Act of Uniformity Yes you must say for a Bishop cannot plead Ignorance nor Frailty for then his Lordship would indeed be very ignorant The Defendant is the Man that will prove if any Body have the Face to deny it and when Time shall serve that there is a Bishop within a Mile of an Oak that has liv'd in the Practice and Office Episcopal acting contrary to those Methods Rules and Rubricks commanded in the Statute by King and Parliament and Common-Prayer Book and Act of Uniformity As for Instance He that confirms all Comers Hand over Head without Exception without Examination without Certificate without knowing that they are Baptiz'd or Catechis'd is not this abominable bold daring and impudent No great Man if he be a Subject is too great for the Law not too great to be corrected reform'd and better taught not too great for King and Parliament and their Statutes It is Treason to deny this Truth What shall Confirmation of which the Papists make a Sacrament and Protestants make an Ordinance and Statute-Law be slubber'd over against the very Design of it be slubber'd over by confirming such as have neither Sureties there nor any Witness nor any God-Father or God-Mother nor any Minister to testify that ever they were baptized O abominable What is bold daring and impudent if this be not The Canon Law says Episcopus non potest statuere contra