AN ARGVMENT upon a generall Demurrer joyned and entred in an Action of false Imprisonment in the Kings Bench Court termino Trinitatis 1631. rot 1483. parte tertia betweene George Huntley Clerke plaintife and William Kingsley Archdeacon of Canterbury and others Commissioners Defendents as it was prepared to have beene uttered in Court by the said George Huntley but was not permitted by the Judges of that Court because as they pretend the said Action or Plea or Demurrer was discontinued termino Sancti Michaelis 1632. Published by the said George Huntley to shew whose duty it is to preach the visitation Sermon and thereby principally to vindicate the auntient Iurisdiction of the Crowne over the State Ecclesiasticall against the usurpation and presumption of the High Commissioners whereunto hee is bound to the utmost of his power by the oath of supremacy and secondly to cleare his own innocency and to recover his former credit and good name much blemished by their scandalous and opprobrious sentences whereunto he is tyed iure naturali A discovery also and confutation of the foresaid pretended discontinuance with a true copy of so much of the two parts of the High Commissioners first finall sentence as is pleaded by the Defendants and as conteines the whole matter to justifie the said Huntleys nine yeares three quarters imprisonment at severall times his five hundred pounds fine deprivation degradation and excommunication Both placed before the Argument the one to remove the foresaid rub of the pretended discontinuance and to open a faire and cleare passage fâ—r the Argument the other to shew the state of the controversâ—e and ground of the Argument out of the defendants owne words against which the Law admitts no exception Dicere viva voce in curia per judices non permissus Dicere in scriptis ex prelo per juramentum cogor London Printed for George Huntley and are to be sold be Michaell Sparkes in Green-harbour in the Little Old-baily 1642. The discovery and confutation of the foresaid pretended discontinuance THe true cause of the pretended discontinuance mentioned by Master Noy Atturny Generall in his motion Termino Michaelis 1632. was this That the Plaintiffe Huntley beganne his Action by originall and drew up the imparliances by Bill and so had discontinued his Action by originall in drawing up the imparliances by bill and had not begun any action by bill and so had no Action at all either by bill or originall depending in Court against the Defendants hereupon the Court granted the order following Dies Sabbati prox post Crastinum Animar Anno octavo Car. Reg. Huntley vers Kingsley alios Nisi causa ostensafuerit in contr die Iovis prox post Crastin sancti Martini actio Discontinuetur ex motione Attorn Gralis per curiam I presently got a copy of the foresaid order but I could not get my Counsell to shew cause to the contrary within the time limited in the Order neither was I permitted within that time to shew cause to the contrary my selfe and thereupon the Defendants Atturney Mr. Barker entred upon the foresaid Rolle the following discontinuâ—nce in these words Recordatur percuriam 27. die Novem. Anno Reg. Dmini Regis nunc Angliae 8º quod istud placitum non habet Deum continuationis â—er islud rotulum ultra non post predict Octab. sancti Michaelis Ideo â—lacitum illud ad requi sitionem predcti Georgij Huntley discontiâ—uatur The foresaid discontinuance enrred upon the said roll is neither grounded upon the pretended cause of discontinuance mentioned in â—he Atturney Gralls motion nor upon the foresaid Order of the Court but onely on my request and I was so farre from requesting â—ny such thing that I offered 40 pound nay 100 pound to have the foresaid error reformed And the foresaid Order mentions no error or cause of discontinuance but onely supposeth one and what can it suppose but onely that which Master Atturney Generall mentioned in his foresaid motion and that 's onely this because I began my said Action by originall and drew up the imparliances by bill in these words Petunt licentiam jnde ulterius interloquendi ad billam predictam and this I doe sixe times mention in the plea for so many Termes the Judges gave the defendants to put in their Plea and that being onely an error in forme and not specially and particularly set downe and expressed by the parties demurring together with their demurrer as appeares by the said Record rolle and the originall paper booke under both our Counsells hands which I have to shew cannot discontinue the Action Plea or Demurrer nor hinder the hearing of the cause nor bee the ground of a writt of error nether suspend nor reverse a Judgement but is to reformed and amended by the Judges even after demurrer joyn'd and entred as appeares by the 5. chapter of the 27. of Eliz. which runnes thus Bee it enacted by the Queenes most excellent Majestie c. That from henforth after Demurrer joyned and entred in any action or suit in any Court of Record within this Realme the Judges shall proceede and give judgement according as the very right of the cause and matter in Law shall appeare unto them without regarding any imperfection defect or want of forme in any writt returne plaint declaration or other pleading processe or course of proceeding whatsoever except those only which the party demurring shall specially perticularly set downe and expresse together with his Demurrer And that no judgement to be given shall be reversed by any writt of error for any such imperfection defect or want of forme as is aforesaid except such onely as is before expressed And bee it further enacted that after Demurrer joyn'd and entred the Court where the same shall bee shall and may by vertue of this Act from to time amend all every such imperfections defects and wants of forme as is before mentioned other then those onely which the party demurring shall specially and particularly expresse and set downe together with his Demurrer as is aforesaid A true Copy of so much of the two parts of the High Commissioners first finall sentence as it is pleaded by the Defendants Doctor Kingsley and the rest followes ANd upon opening of the cause the foresaid George Archbishop of Cant Richard of Durham Iohn of Rochester Thomas of Coventrey and Lichfield Theophilus of Landaffe Robert of Bristoll Bishopps and some other of the Commissioners aforesaid found the aforesaid George Huntley especially charged in the Articles with two perticulars first for refusing to Preach a Uisitation Sermon at the requisition and command of the Archdeacon of the Diocesse contrary to his Canonicall obedience and secondly for setting up an opinion and maintaining it before the rest of the Clergie of the Diocesse that the Archdeacon of the Diocesse had no power to require or command him or any other Minister to preach a Sermon at his Uisitation with many other abusive behaviours about that
obedience unto the canons testantibus ad versarijs the person but meane poore but a Presbyter a minister an incumbent and that onely of a single benefice and never any waies contumacious this matter belongs not to the cognisance of the High commission but to the jurisdiction of the ordinary and then it hath beene all this while coram non judice and so the sentence and whole proceedings are utterly voyd And thus much concerning this first question which my refusall to preach the Archdeacons visitation Sermon if it be a breach of Canonicall obedience begets namely that the breaches of canons or of canonicall obedience to the canons according to the Lawes and customes of his land belong to the jurisdiction of the Ordinary and not to the cognisance of the High commission court or that for the breach of a canon or of canonicall obedience to the canons according to the Lawes and customes of this land men are not to be fetcht from the judgement jurisdiction of the Ordinary up to the High Commission court and there to be fin'd imprisond but are to be left to the judgement and jurisdicton of the ordinary and he to proceede against them according to the power of the Keies Now on the other side my Lord if this my refusall to preach the Archdeacons visitation sermon be no breach of canonicall obedience then it begets this question whether the high commissioners your Lordship this court the Barons of the Exchequer and the Lords of the counsell have power to punish me for that which is no fault no breach of any law And least the high commissioners this court the Barons of the Exchequer and the Lordes of the counsell should all thinke to escape by maintaining the affirmative that they have power to punish me for that which is no fault no breach of any law and peradventure in a desperate case they will not sticke to maintaine a desperate opinion especially seeing your Lordship hath shew'd and lead them all the way For termino trinitatis 1637. When your Lordship delivered your opinion in the especiall verdict betweene Allen and Nash your Lordship not onely affirmed the high commission sentence of deprivation and degradation against me but also maintained that your Lordship and this court were bound to affirme it whether it were true or false grounded upon a cause or upon no cause Therefore my Lord to stoppe up that gap to prevent that starting hole to overthrow that parodox and with one argument to confute those foure Honorable senates whereof the first and the last the high commissioners and the Lords of the counsell challenge as great authority as the King himselfe hath and all of you in this my case usurpe a greater for you all punish me for that which is no fault no breach of any law I must in the first place Thesis 1 shew that no Magistrate whatsoever no not the supreame hath any power prerogative or authority to punish any man within his jurisdiction except it be for some fault some offence some vice some error some evill some sinne some transgression of some law Thesis 2 And secondly I must shew that my refusall to preach the Arch-deacons Visitation Sermon my principall or especiall fault in the judgement of my adversaries is no fault no offence no vice no error no evill no sinne no transgression of any Law whatsoever and that therefore neither the high commissioners your Lordship this court the Barons of the Exchequer the Lords of the counsell nor any other Magistrate whatsoever no not the supreme hath any power prerogative or authority to punish me muchlesse to imprison me for it And for the first of these positions that no Magistrate whatsoever no not the supreame hath any power Thesis 1. Tractatio prerogative or authority to punish any man within his jurisdiction except it be for some fault some offence some vice some error some evill some sinne some transgression of some law this appeares out of the 13. chapter to the Rom. verse 3. where the Apostle speaking of that Magistrate to whom the sword is committed of that Magistrate to whom we pay tribute of that magistrate to whom we must submit not onely for wrath but for conscience sake of that Magistrate to whom every soule is to be subject that is of the soveraigne supreme Monarchicall Magistrate Gods immediate deputy and vicegerent he saith of that Magistrate the Magistrate is not a terror to good workes but to evill wilt thou then be without feare of the power doe well so shalt thou have praise of the same for he is the Minister of God for thy wealth But if thou do evill then feare for he beares not the sword in vaine for he is the Minister of God to take vengeance on him that doth evill Saint Paul then is cleere that no Magistrate whatsoever can justly punish any man except it be for some evill And Saint Peter testifies as much 1 Epist 2. chap. 13. and 14. verses Submit your selves saith he to every ordinance of man for the Lords sake whether it be unto the King as the supreame or unto governours as them that are sent of him sent of him for what purpose Even for the same purpose that he before is sent of God namely for the punishment of them that doe evill and for the praise of them tbat doe well So that by the expresse word of God no Magistrate whatsoever no not the supreame hath any power prerogative or authority to punish any man within his jurisdiction except it be for some fault some offence some vice some error some evill some sinne some transgression of some law And this much my Lord king Artashast saw by the very light of nature as appeares by the wordes of his Commission granted to Ezra and expressed Ezra 7. chap. 25. 26. verse And thou Ezra after the wisedome of thy God that is in thy hand set Magistrates and Iudges which may judge all the people beyond the river even all that know the law of thy God and teach-yee them that know it not And whosoever will not doe the law of thy God and the law of thy King let judgement be speedily executed upon him whether it be unto death or to banishment to confifcation of goods or to imprisonment In which wordes King Artashast just as Saint Peter and Saint Paul before did gives power unto Ezra to punish men not for well doing but for evill doing no for keeping but for breaking Gods lawes and the Kings not for obedience but for disobedience not for vertue but for vice Nay God himselfe chalengeth no greater prerogative then to reward the observers and to punish the transgressers of his law Cursed be he saith Moses that confirmeth not all the wordes of Gods law to doe them Deut. 27. or as the Apostle expresseth it Gal. 3. Cursed is every man that continueth not in all things which are written in the booke of the law to doe them And if
principall point your Lordship must either shew that the sentence found againg Caudrey did not charge Caudrey with any particuler crime within any branch of the Commission found but onely with generalls as in my case Or else that the sentence found against me doth charge me not onely with generalls but also with some particuler crime within some branch of the Commission found as in Caudreys case And unlesse your Lordship can doe one of these two your Lordship may sooner bring together Hercules his two pillers or the two poles then paralell our two cases in the principall point And untill then this sentence containing onely generalls shall according to Gods word the word of truth stand charg'd and branded with injustice and uncharitablenesse and in respect of the anomy obliquity and enormity of it shall be taken by all men of sound judgement to bee as indeede it is not a sentence according unto law but a sinne and a foule sinne against law or rather to use the words of that erronious sentence in a true sence a grievous and enormous crime contrary to the Law and therefore voide And both the High Commissioners in giving of it and your Lordship and this Court in affirming of it have shewed your selves not Judges according unto law but sinners against Law and I out of love to all your persons our of duty unto God and out of obedience unto his word am bound to tell you so much expressely by the former text Levit. 19 17. Thou shalt not hate thy brother in thy heart but thou shalt plainely reprove him and not suffer sinne upon him And secondly my Lord this High commission first finall sentence of the five hundred pounds fine and two yeares imprisonment against me is for the same reason likewise voide because though it mention a particular namely my refusall to preach the Archdeacons Uisitation Sermon yet that particular that refusall to preach that Uisitation Sermon is no fault no offence no vice no errour no evill no sinne no transgression of any law whatsoever but a vertue and an eminent vertue even the vertue of canonicall obedience unto the 36. 49. and 52. Canons to his Majesties Letters Patents Royall prerogative and supreame Ecclesiasticall jurisdiction as shall now fully and amply appeare out of my second position And thus much concerning my first position that no Magistrate whatsoever no not the Supreame hath any power prerogative or authority to punish any man within his jurisdiction except it bee for some fault some offence some vice some error some evill Thesis 2 proâ—atio some sinne some transgression of some law I now proceede to my second position that my refusall to preach the Archdeacon of Cant. Doctor Kingsleys visitation Sermon my principall or especiall fault in the judgement of my adversaries is no fault nor offence no vice no errour no evill no sinne no transgression of any law whatsoever and that therefore neither the High Commissioners your Lordship this court the Barons of Exchequer the Lords of the Counsell nor any other Magistrate whatsoever no not the supreme hath any power Prerogative or authority to punish me much lesse to imprison me for it And that I may begin and goe on in this position with that upon which I did much insist in the former certaine it is my Lord that here is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here is wrath and punishment here is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad octo here is wrath in the highest degree here is wrath as grievous as the fire is hot here is wrath incomparable implacable inexplicable wrath unparalel'd wrath superlative 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Greg. Nissen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in another case speakes The evill the mischeife is beyond expression beyond consolation The two finall sentences of the Honorable Court of High Commission against me may not unfitly be compared to that winde in the first of Iob for as that winde strooke upon the foure corners of Iobs eldest sonnes house and so did utterly ruinate it so have these two finall sentences strooke upon the foure quarters of my estate and utterly ruinated me in all if they stand good first they have strooke me in my goods by a fine of five hundred pounds estreated into the Exchequer and partly paid and partly stall'd Secondly they have strooke me in my liberty by foure times imprisonment and nine full yeares and three quarters continuance therein Thirdly they have strooke me in my benefice by deprivation Fourthly they have strooke me in my Ministeriall function by degradation nay my Lord they have strooke me one stroke more above and beyond all the former they have drawne out the spirituall sword of excommunication against mee and therewith as much as in them lies they have strooke me out of this orthodox Church cut me off from the communion of Saints delivered me up to Satan and adjudged my soule for the salvation whereof our Lord and Saviour Jesus Christ shed his most precious blood to the eternall torments of hell fire so that if ever there were then here is wrath incomparable implacable inexplicable wrath unparalel'd wrath superlative Now my Lord if herein the defendants have proceeded according to the rule of Justice which placeth and observeth a proportion and correspondency betweene fault and the punishment according to this rule of Gods word Deut. 25.2 Secundum mensuraÌ„ dilicti erit plagarum modus then it must needes be that this greivoâ—s enormous punishment must argue some greivous enormous crime some crying sinne like that of Cain in murdering his brother Abell whose blood calles to God for vengeance out of the dumbe and dead Element of the earth nay it must argue some ascending some soaring some mounting sinne flying up into the presence of God and laying hands as it were upon the Almighty and violently haling pulling him downe to execute vengeance unpon the offender like the sinnes of the Sodomites and what is it Why it is my refusall to Preach the the Archdeacon of Canterbury Doctor Kingsleys visitation Sermon Parturiunt montes nasceturridiculusmus And now my Lord to examine this their sentence and proceeding to law and justice If this wrath this incomparable wrath and punishment or any peere or particle thereof be rightly and justly inflicted upon me for my refusall to preach the Archdeacons Uisitation Sermon Then according to the former rule delivered in the former position this my refusall to preach the Uisitation Sermon must of necessity be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some fault or offence If this my refusall to Preach the Uisitation Sermon be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some fault or offence then it must of necessity be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the transgression of some law If it bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the transgression of some law then there must of necessity be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some law transgrest that bindes me to Preach that Uisitation Sermon My Lord the High Commissioners by