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A43643 A vindication of the naked truth, the second part against the trivial objections and exceptions, of one Fullwood, stiling himself, D. D. archdeacon of Totnes in Devonshire, in a libelling pamphlet with a bulky and imboss'd title, calling it Leges AngliƦ, or, The lawfulness of ecclesiastical jurisdiction in the Church of England : in answer to Mr. Hickeringill's Naked truth, the second part / by Phil. Hickeringill. Hickeringill, Edmund, 1631-1708. 1681 (1681) Wing H1832; ESTC R13003 47,957 41

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have lost those two main Pillars I do not see but it may be yet in great measure true what the Learned Spelman sayes was Currant of Old even to a Proverb Os Sacerdotis Oraculum esset Plebis Os Episcopi Oraculum Regis Reipublicae Both King People and Common-wealth took all for Gospel that the Bishops and Priests said and perswaded And therefore no wonder at what Mr. Archdeacon sayes p. 49. That our great Church-men had no small hand in making all our Laws both Ecclesiastical and Civil and made bold to sit upon the Benches with the Judges in the Kings Palace and Court in the Councel and Parliament In the County with the Earl and Justices of the County in the Sheriffs County-Court with the Sheriff and in the Hundred-Courts with the Lords of the Hundred All true to a Tittle why who durst take them by the Lawn-sleeves and ask them what they had to do there They had as good have taken a Bear by the Tooth the stoutest Lay-man of them all Besides a Scholar was a rare Bird in those daies Ignorance is the Mother of Popish Devotion and therefore neither Lords nor Parliament-men nor Judges had any more Learning than needs must no nor skill in Laws So that the Clergy did all who sway'd the Kings Councels but they who were Lord Chancellors Lord Treasurers Lord Chief Barons Lord Chief Justices Master's of the Rolls but they Was not Nigel Bishop of Eli in H. 1. time Lord Treasurer and wonderful skilful in the Laws and Court of the Exchequer Was not Martin de Patishal Clerk and Dean of Paul's made Lord Chief Justice of the Kings-bench in H. 3. time because of his skill in Law Brail So also was William de Raleigh Clerk made one of the Judges of the Kings-bench Henry de Stanton Clerk Lord Chief Justice of the Common-pleas and the Parson of Oundell in Northamptonshire made Master of the Rolls with thousands more even to our times Bract. Rot. Pat. 17. E. 2. and in man's memory was not the Bishop of Lincoln William's Lord Treasurer so also Bishop Juxton Bishop of London And Archbishop Laud did all in all with King Charles 1. And in the Case of Ship-money and the Loans and Benevolences those hard shifts that good King might well repent that ever he followed such precipitate Counsels And therefore Mr. Archdeacon it is no great Credit to you nor for your Jurisdiction Ecclesiastical to quote all the 12 Judges and their Subscriptions to vouch your Citations in your own Name and not in the Name and Stile of the King because that Opinion was subscribed by 12 Judges John Brampston L. C. J. John Finch L. C. J. Humph. Davenport L. C. B. Will Jones Jo. Dinham Ri. Hutton George Crook Tho. Trevor George Vernon Ro. Berkley Fr. Crauly Ri. Weston For they were very man of them except Hutton and Crook condemn'd by Parliament for betraying the Rights and Properties of the Kingdom in the case of Ship-money And therefore Mr. Archdeacon I except against the Judgment and Opinion of your 12 Judges very legally in the cons truction of the Statute of Edw. 6.2 Alas good men to say otherwise it was as much as their places were worth besides the Terrour of the Star-chamber and High-Commission-Court and indeed every Spiritual Court which were then as horrible as the Spanish Inquisition and so much the more cruel that by the Oath ex Officio a man was bound to accuse himself which is not required by the Inquisition of Spain And therefore some have observed that when the severe part of the Law as in Sentences Fines c. has been put to the Vote in the Star-chamber and other Courts against Offenders the Clergy-Men there who should have been Exemplary in Mercy and Charity and not for summum Jus were alwayes more rigid and fierce than the Laity As for Instance when Mr. Chambers 5 Carol. 1. said and only privately to the Privy Councel call'd thither to answer for not paying Customs That the Merchants in England were more wrung and screwed than in foreign parts And what if it had been true why may not our Laws screw them and enact bigger Customs and Excise as of Wines c. we do where 's great mischief Why for this he was to be fined in the Star-chamber for the words are not other where actionable And the Chancellour of the Exchequer he was for fining him for those words 500 l. so also voted the two Lord Chief Justices Ay but when it came to the Bishops Doctor Neal Bishop of Winchester cryes 3000 l. then also Doctor Laud Bishop of London 3000 l. At last the business was adjusted and the Fine settled 2000 l. Therefore Mr. ARchdeacon do not vapour and tell us of the opinion of the Judges when High-Commission-Court and Star-chamber were up do not we know who penn'd the Proclamation 's and who did the business and every man's business that durst st and in his way You may as well say That Atturny General Noy was a great Lawyer who doubts it does it therefore follow that Ship-money his Invention was Legal Anno Domini 1632. And the Judgment of a whole House of Commons might surely stand in Competition with the opinion of a single Archdeacon though he had some of the Judges on his side although it was that House of Commons in 1640. for not one in Ten of them were Rumpers Resolved That the Clergy in a Synod or Convocation hath no power to make Canons Vote of the House of Commons Constitutions or Laws Ecclesiastical to bind either Laiety or Clergy without a Parliament And that the Canons are against the fundamental Laws of this Realm against the Kings Prerogative Property of the Subjects the Right of Parliaments and do tend to Faction and Sedition And therefore your Doughty work and Leges Angliae which you seem to commend as the sence of a Convocation and you their Prolocutor saying p. 66. So whether it seem good to the King and his High Court of Parliament to augment or lessen it Ecclesiastical Jurisdiction or to continue it as it is we we again shall still maintain our Loyalty that 's kind and manifest our duty and chearfully submit our selves I am glad to hear it if this chearful submisson be the sence of your Brethren and that you have Mr. Archdeacon from them authentick Letters of Credence for this Manifesto But I doubt it for certainly your Brethren are better Scholars and better principled than to own such an idle and impertinent Discourse as this of yours that is throughout so loose futile and tending to such arbitrary Principles that indeed none are so fit to answer you as a Parliament if they do not think it beneath them to take notice of such a Prater that has so little Judgment as to think it possible to prove the Spiritual Courts and Jurisdiction as now practised to be Common-Law Courts much less Statute-Law-Courts which is next to be
in their own names and not in the name and stile of the King their head and the head of the Church as well as State and as all other his Majesties Courts are kept in England Indeed the courts-Courts-Baron and Courts Leet c. are kept in the name of the Lord of the Leet Hundred c. they being the Lords-Courts properly and not the Kings-Courts no more than his Lands or Mannors are properly the Kings Lands and Mannors But the Courts of Justice whether Ecclesiastical or Civil ought surely to be open to all the Kings Leige people and have the Kings Authority name and stile not only for their Warrant and Authority but to give them thereby life vigour power Granduer and Majesty And 't is strange to me that men who have taken the Oath of Supremacy have bid desiance to the Pope and do not pretend to set up a Commonwealth in a Common-wealth nor any Government independent of the Crown Imperial of this Realm nor have no privy designs at some time or other to stand as of old upon their own legs without dependance upon the King whom both Papists Presbyterians Fift-monarchy-men c. endeavour to subjugate to their discipline should be so aukward and loath to have their Processes and Citations go out and run as other Writs in the Kings name and stile and it were but for their own ends to agrandize their Processes and Proceedings except as formerly the Clergy do take care to have as little dependance upon a Lay-man as possibly may be and I say again it will never be well nor our differences cemented until Lay and Ecclesiastical men be one and the same with one and the same ends and designs in this Kingdom where all Ecclesiastical and Lay-power is united and one and the same in one Head our Soveraign Lord the King 'T is this Bigottism that undoes us and wars upon the score of Religion that above all other things has blooded all over the woful face of Christendom But let me hear of no more Extortions for Visitations Procurations Synodals Institutions Inductions Ordinations Licenses to Preach Sequestrations Pilling and Polling the Clergy nor in Probate of Wills the Laity and in Visitations Church-Wardens And when they have done and Performed their said Great Duties if after that they cry out for want of work and Employment let them also sit upon as many Benches as shall be thought fit It is acknowledged also That Convocations are alwayes have been and ought to be Assembled by the King 's Writ only no doubt on 't for else they are an Unlawful Conventicle And there let them Sit together 'till I or any Body else disturb them or meddle with them The Power to make Laws for the Church was ever in the King and Parliament only and who ever denyes the same 't is fit they should severely Answer it in a Parliament Have a care of a Parliament Mr. Arch-Deacon Have a care of a Praemunire War-Hawk I will not say War-Buzzard I had almost forgot to touch upon one String with which he makes a great Sound and Noise in his Proem and that is to prove That Chancellors Registers Sumners Officials Commissaries Advocates Notaries Surrogates c. ejusdem farinae are all Church-Officers Jure Divino and according to Holy Writ Ay! But where What Chapter What Verse It follows as close as any thing In 1 Cor. 12.28 Helps in Government The Registers are but to Make I thought that had been the Judges Office to Make and keep the Acts of Court c. Advocates and Proctors to Order and Manage Causes And Apparitors to Serve Process and Execute Mandates c. Then this Remark Mr. Hickeringill is a Man of great Experience in Spiritual Jurisdiction and need not be told of these plain Matters having said in the first words of this Paragraph But How Witless and Quaker-like is this And How unlike Mr. Hickeringill Sometimes he makes Mr. Hickeringill a Hobbist a Papist a Statist and a Man of great Experience in Ecclesiastical Jurisdiction and now a Witless Quaker Even just what the Good Old Gentleman pleases But sure Mr. Arch-Deacon does mistake and Mr. Hickeringill is not a Man of so great Experience but he had need to be told of these Plain Matters again and again before it can be beaten into his Head That the Apostle who never had Register Surrogate Apparitor nor Commissary Official nor Advocate nor the Primitive Church no not so much as an Arch-Bishop or an Arch-Deacon should ever intend or mean any such Creatures when he told the Corinthians of Helps in Government Well of a D. D. 't is an Incomparable Finder a Piercing and Quick-sighted Commentator for a Man of his Age that cannot see without Spectacles For Proctors Sumners and Apparitors are just such Helps in Government in the Church as Squire Dun and Gregory in the State namely Helps to Ruin many Alas Poor Primitive Church of Christ That made a Shift to subsist many Hundreds of Years by Miracle surely and yet never had these Ass-sistants or Helps in Government Such Helps in Government God knows Plut. Lives p. 940. as are far more fit to People the City that Plutarch speaks of called Poneropolis God grant them a good Shipping they 'l meet with many of their Brethren in Spain and Italy And it is as sensless to Defend these Ecclesiastical Fellows by Magna Charta because such as They if they still be Papists as those were were then Members of Holy-Church and brought hither from Rome by William the Conquerour For by that First Clause of Magna Charta That the Church of England shall be Free and have all Her Liberties c. can never be meant as the Arch-Deacon would insinuate that it is a Sin to alter that Frame of Government and the Rights and Libertyes of Holy Church For Peter-Pence First Fruits and Tenths to the Pope Investiture of Bishops c. with many other were then the Right and Liberties of Holy Church as aforesaid when Magna Charta was Made I have not willingly omitted to give Answer to all and every the idle Cavils and Exceptions in his Book Once for all by way of Conclusion for I am quite tired with his Impertinencies let the Reader Read the Statute of 1. Eliz. 1. and he will find 1. That the Popish Ecclesiastical Jurisdiction of the Church at the Making of that Statute was cut off utterly by the Name of all Forreign Powers Repealing the 1. and 2. Phil. Mar. 8. whereby the See of Rome had been again set up in England from whence that Statute confesses with great Contrition to use the Words of that Statute They had a long while wandred and strayed abroad and in which Statute the Protestant Ecclesiastical Jurisdiction set up by Edward 6. is Disanulled 2. That therefore by 1. Eliz. 1. it appears there was then neither Popish nor Protestant Jurisdiction Ecclesiastical 3. That therefore full Power and Authority is granted to the Queen Her