Reverend Bishop to be an Informer or Promoter But the Half-crafty Proctor the said Nucourt was got into a Dilemma and knew not how well to extricate himself For when this Defendant urg'd the Statute of 23 H. 8.9 against Sir Robert Wiseman with the Penalty of 10 l. besides Costs and Damages for citing this Defendant out of the Diocess of London where he Inhabits to salve the business it was thought fit rather to let Doughty's said Promotion fall but then Costs should have been given this Defendant but it was denyed and refused against the Rules of their own Courts and Methods as if they had the Law in their own hands And to salve the Statute of 23 H. 8 9. and the Penalties there Henry Bishop of London was Inserted Promoter though this Defendant was never Cited to answer his Suit and Promotion Nay it looks like a Wheedle or a Trepan to drill a Man into a Court by Process in a feigned Suit and then clap an Action on his Back at another Man's Suit and without his Privity too but any methods to carry on the Cause The Cause Besides according to the usual Methods of this Court no Man is obliged to accept a Libel except the Promoter become bound in sufficient Penalty not only with responsable and sufficient Sureties but such as are capable of being Arrested in case of Non-suit or failure of proof to pay to the Defendant his Costs and Damages But no such thing is done for this Defendant new Lords new Laws This Defendant is like to thrive amongst you in the Interim CHAP. VIII NEvertheless this Defendant to vindicate himself and the integrity of his unblemish't he hopes he may say without offence in this his just and forc't defence Life and Conversation and to manifest that the said Protestations Answers and Pleas are not dilatory and on purpose to decline a particular Answer or evade the discussing of the merits of the Cause and Crimes alledged against him in the said Articles he this Defendant saving to himself the benefit of his former Allegations Pleas and Protestations further Particularly answereth and saith 1. That the first Article in the said Libel as being only in course is true and all the other false further than is hereafter declared 2. That the 2 3 4 and 5th Articles are Instances and Accusations against this Defendant as a common-mover exciter and maintainer of Suits and Quarrels which is Barretry an offence against the Statute Law and Common-Law of this Realm and therefore ought not to be Tryed in any Ecclesiastical-Court as forbidden in the Statute of Provisors 16 R. 2.5 In derogation of the Courts of our Lord the King mark how the Spiritual-Courts and the Kings-Courts are oppos'd implying necessarily that the King and Parliament did not then look upon the Spiritual Courts to be the Kings Courts but the High-Priests Courts nor do they to this day hold them in the King's Name and Style and all their Acts under His Seal what Policy is it at this time of day to be Independents I mean Noun-Substantives and stand by our selves The said Statute too 16 R. 2.5 is in pain of a Praemunire and has a mighty setch and reach even over the water as well as on this side for the Statute says The Court of Rome or elsewhere 3. The said Defendant Mr. Hickeringill had an Information brought against him for Barrety in the Crown-Office and at a Tryal at Chelmnesford Assizes March 3. 1680. for the County of Essex thereupon amongst 24 Heads of the charge of Barretry exhibited against him then and there tried the 23d Head was the substance of the said 2d 3d 4th and 5th Articles in the Libel aforesaid mentioned and this Defendant though pleading his own Cause was acquitted with honour of this malicious Charge the Right Worshipful Knights and Gentlemen of that Special Jury not stirring from the Bar nor the least proof of the Charge made out against him in any one Particular nor any proof but of the Folly as well as Malice of the Informers Conspirators and Promoters then and there And must he now again for the same matters be tried again by the Ecclesiastical Men after acquittal in the Courts of our Lord the King and by Prosecutors that were then Accessories at least to the said causeless and malicious Prosecution and in defiance too of the said Statute of Provisors CHAP. IX 4. THE Title of not only a fourth part which is ground enough for a Prohibition but all the small Tythes of St. Botolph's Parish as in Article 4. is in question and controversie For the said Promoter Henry Blshop of London pretends Right to dispose of the said Tythes by Sequestration nay has dispos'd of the said Tythes but shall the Defendant suffer it to one Harris whereas the Defendant has enjoyed the Tythes 19 or 20 years and yet enjoys them as Rector of the Rectory of All-Saints in Colchester in the said County of Essex in Right of and belonging to his said Rectory as his Predecessors the Rectors of All-Saints aforesaid have done quietly and 'till now without disturbance ever since the dissolution of Monasteries and amongst others the Priory of St. Botolph's in Colchester aforesaid granted sold or given by King Henry VIII to Thomas Lord Audley then Lord Chancellor of England and from him and his Brother and Heir Thomas Audley Esq together with his Executors joining together granted unto Robert Plumton Clerk Rector of the Rectory of All-Saints aforesaid and to his Successors for ever whose present lawful Successor and for above 19 years has been and now is this Defendant by Deed a true Copy whereof follows in these words verbatim TO all Christian People to whom this present Writing shall come Edward North and Thomas Pope Knights Edmund Martin Esq and Thomas Gimblet Gentleman Executors of the Testament or last Will of Thomas Audley whilest he lived Knight of the Noble Order of the Garter Lord Audley of Walding and Lord Chancellor of England and Thomas Audley Esq Brother to the said Lord Audley do send Greeting Whereas the said Lord Audley in his Life-time for and in consideration of certain Covenants Grants and Agreements made between him and the Parishioners of the Parish-Church of All-Saints in the Town of Colchester in the County of Essex did give grant bargain sell and confirm unto the Rector of the said Purish-Church and to his Successors for ever All the Tythes as well of Hay Wood and Corn as of any other kind or sort whatsoever to him belonging in the Town of Colchester aforesaid by reason of the Dissolution or Resignation of his House or Priory of St. Botolphs in the said Town of Colchester Know ye therefore That we the aforenamed Edward North Thomas Pope Edmund Martin Thomas Gimblet and Thomas Audley Esq for the more sure and perfect accomplishment performance and execution of the said Covenants Grants and Agreements as also in Consideration and for the Sum of Forty Pounds of Storling
of the Act of Uniformity by the Bishops and Clergy especially Namely In the Rubrick before the order of Morning Prayer we find these words namely And here is to be noted That such Ornaments of the Church and of the Ministers thereof at all times of their Ministration shall be retained and be in use mark that as were in this Church of England by Authority of Parliament in the second year of the Reign of King Edward VI. Now the great Question will be What Ornaments they were that were in use in the Reign of King Edward the sixth A question that I hope few Countrey or City Clergy-men of ordinary Rank know how to answer for it is to be hoped that they sin through ignorance and not through stubbornness and contempt of the Act of Vniformity and are rather ignorant Nonconformists than wilful Nonconformists in using other Rites and Ceremonies and other Ornaments at all times of their Ministration than what were in use in the time of the 2d of Edward the sixth enjoined by Act of Parliament For in the Rubrick in the Communion Service made in the said 2d of Edward the sixth after the Title which is in these very words The Supper of the Lord and the Holy Communion commonly called the MASSE We have this Commandment namely Upon the day and at the time appointed for the ministration of the Holy Communion the Priest that shall execute the Holy Ministery shall put upon him the Vesture appointed for that Ministration that is to say A white Albe plain with a Vestment or Cope And where there be many Priests or Deacons there so many shall be ready to help the Priest in the Ministration as shall be requisite And shall have upon them likewise the Vestures appointed for their Ministry that is to say Albes with Tunicles And to make the matter plainer in the Act for the Uniformity of Common-Prayer and Service in the Church and Administration of the Sacraments 1 Eliz. It is enacted That every manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common-Prayer mentioned in the said Book or minister the Sacraments c. shall minister the same in such order and form mark that as they be mentioned and set forth in the said Book Or shall wilfully or obstinately standing in the same which I hope they will not hereafter venture to do use any other mark that Rite Ceremony Order Form or Celebrating the Lord's Supper openly or privity or Martins Evensong Administration of the Sacraments or other open Prayers than is mentioned and set forth in the said Book The Penalties for the first Offence The profit of the Benefice Benefices and all the Spiritual Benefits and Promotions the Offender hath for one Year next after conviction is thereby forfeited and gone together with six Months Imprisonment without Bail or Mainprise For the second Offence Deprivation ipso facta of all the Spiritual Promotions and one whole Years Imprisonment and that it shall be lawful for all Patrons and Donors c. to present or collate to the same as if the Offenders were really dead And for the third Offence Deprivation as aforesaid and Imprisonment during Life And if the Offender be not benefic'd or promoted for the first Offence Imprisonment for one year without Bayl. And for the second Offence Imprisonment during Life So 14 Car. II there is an Act of Uniformity that to the same effect enjoyns no other Rite Ceremony Form or Order of Common-Prayer Ornaments c. This is mentioned to humble the rigid Conformist that he do not plume himself and be exalted above measure over other Nonconformists without any Mercy or Compassion to human Nature human Frailty human Error and human Kind lest he himself by the next Grand Jury be presented and found guilty of using other Rites and Ceremonies than what are enjoyned in the Act of Uniformity and Common-Prayer-Book of King Edward VI or this Common-Prayer-Book And consequently get a Prison on his back the same Prison whereinto he has so often endeavoured to put other Nonconformists and for the same Sin too of Nonconformity and Transgression of the same Act of Uniformity that he has so extoll'd and cry'd up For to bow towards the Altar to bow at the Holy Name of Jesus to force the Inferiour Clergy except in Cathedrals to were the Surplice or to wear the Hood during the Ministration of Baptism Burial Morning-Prayer Letany or Evensong are other Rites and Ceremonies and other Ornaments than were forced on the Clergy to use in 2 Edw. 6th as aforesaid Indeed upon the day and at the time and only at the time of Ministration of the Lord's Supper the Priest was enjoyned to put on the Albe or Surplice and Cope But not till the Letany was read and just before he began to read the Common-Service and administer the Communion at the Altar for so says the Rubrick in the said Communion-Service in the Common-Prayer-Book of 2 Edw. 6th just after the Prayer for fair Weather in these Words And tho there be none to communicate with the Priest yet these days namely Wednesdays and Fridays afore-named in the said Rubrick after the Letany ended the Priest shall put upon him a plain Albe or Surplice with a Cope and say all things at the Altar appointed to be said at the Celebration of the Lord's Supper until after the Offertory So that all are Nonconformists and liable to Indictments and loss of their Liberty as well as loss of their Livings that pray before or after Sermon in other Form or Order than is set down in the Common-Prayer-Book And all that force the Country or City Ministers except in Cathedrals to wear the Surplice during Mattens or Morning-Prayer Letany Baptism Burial Evensong or Evening-Prayer And all that bow towards the Altar and set great Candles thereon and all that bow at the Name of Jesus And all that wear or force Men to wear Hoods at any time except Sermon-time whether Scarlet Black Lamb-skin or Taffety according to their degree except in Cathedrals they may if they please only it is seemly so to do in Sermon time but for that it ought to be left to every Man's Liberty For so says the Rubrick of the second Common-Prayer Book which I confess seems strangely worded in these very Words In the saying or singing of Mattens and Even-song Baptizing and Burying the Ministers in Parish-Churches and Chappels annexed to the same shall I suppose it should have been printed may use a Surplice and in all Cathedral-Churches and Colledges the Arch-Deacons Deans Provosts Masters Prebendaries and Fellows being Graduates may here it is may not shall use in the Quire besides their Surplices such Hoods as pertaineth to their several degrees which they have taken in any University within this Realm But in all other places mark that every Minister shall be at Liberty to use any Surplice or no. It is also seemly that Graduates when they do preach mark that
many People think 't is a hard world since the Inquisition and High-Commission-Court were dissolved now that Curst Cows have short Horns yet let them comfort themselves with Excommunication and the Writ de Excommunicato Capiendo for though the Writ de Heretico comburendo be burnt and we cannot burn an Heretick for our Lives yet the Writ de Excommunicato Capiendo shall imprison the Heretick and bury him alive in a Jayl and what would men have Methinks that should content them Enough Enough in all Conscience a man would think if they have any Conscience in them What would they be at Do they know Do they not know when they are well Will nothing serve but Hang the Rogue burn the Heretick or crop the Roundhead in a Pillory Time was Ay Ay Time was when a bold Fellow that durst speak the Naked-Truth or tell Rich men of their Roguery he had as good have eat his Ears in the merry days of the Inquisition and High-Commission But who can help the thing that will away Truly my Lord I daily expect the Effects of the Fury and Rage of the Devil and devilish men that rage so much the more as foreseeing their time is short But blessed be God my shoulders are as big and large of the largest size as the most of Mortals and can bear as much I doubt not but they 'll try my strength A whole Legion of Sell-Souls will fall upon me for this little Book better make one Back crack than not load the Wretch that takes away the Trade of the Higlers and Retailers of Heaven and Hell by which they have liv'd so long and so plentifully But I believe in God not without some Faith and Hope sure I have some grounds for it in your Grace and Clemency And for all your sayings that yet you will alter your word and not leave me to your Under-Officers Alas I am in their Clutches already they have begun to squeeze me already When shall I get out of their hands can you tell me How well will it become your Lordship to heal the Breaches and not stretch the Wounds wider they gape and are ghastly enough already and all that I have hitherto writ I told them so before but they would not believe is but an Earnest-penny of what I have at their service And to serve you and the Church I have much more in my head and heart I am scarce yet warm in my work extorted from me too and I do but play a little about the skirts of the business though some perhaps could wish me warm in Smithfield their Christian requital for my great pains if they might have leave to carry me and the Fagots thither But those days are not yet come To confute the Naked-Truth with the Arguments of Bloody Bonner a Bone-fire or a Jayl a Dungeon and a Pillory Here 's enough in all Reason for a Letter writ Raptim and in Haste I dare say your Grace never had such another Letter for length in your life And take it not in dudgeon that in memory of our mutual and spiritual Alliance I make bold to subscribe my self MY LORD Your most loving Brother Most obedient Son And most humble Servant COLCHESTER Decemb. 4. 1681. POSTSCRIPT THE said Bishop St. Ambrose was not asham'd of his spiritual Kindred to his Flock Vos mihi est is Parentes qui Sacerdotium tulistis vos inquam filii vel parentes filii singuli universi Parentes Ambrose Tom. 3. p. 89. in Luk. 18. No no Bishop Ambrose was not asham'd of his poor Kinsmen and Relations spiritual as high and stout as he was and scorn'd to Try them Judge them much less Curse them Silence them Stop their Mouths and Excommunicate them by Proxy or by his Vnder-Officers And yet he was a great Ecclesiastical Judge as well as your Lordship not a Judge at or of Common-Law Statute-Law the Municipal-Law but a Judge by and according to Canon-Law Canon-Law Ay if any Body can or does Judge by it this day Canon-Law Canon-Law four or five great Folio's of it too bulky to get well into any man's head that is already stufft full of Divinity Canon-Law 'T is as easie to make a Rope of Sand as to make the Canon-Law agree with its self one Canon and one Council does so thwart and thwack one another Canon-Law in which whosoever is vers't shall find enough to fit almost any purpose Had we not as good keep to the Canon of Holy Scripture as to be led to Sentence by Proxy and Lay-Doctors of Canon-Law even just as they shall nuzzle things into our heads But give me leave to mind you of one Canon-Law more most agreeable to our English Laws Concil Carthag 4. Can. 22 23 29 30 32. Episcopus si Clerico vel Laico crimen imposuerit deducatur ad probationem in Synodum Can. 30. Caveant Judices Ecclesiae ne absente eo cujus causa ventilatur sententiam proferant quia irrita erit imo causam in Synodo pro facto dabunt Let the Ecclesiastical Judges have a care and look to that they pronounce no Sentence in the absence of the Party accus'd nor without consent of a Synod of Presbyters if otherwise it shall be null and void c. And most reasonable such Presbyters too as are of the Neighborhood for shall not our Temporal Estates Free-holds or Monies no not in Trifles be given away from us without a Jury of the Neighborhood And shall our everlasting Souls and the liberty of our Bodies be given away by Proxy and a blind implicit Faith in the Certificavit or Significavit of a single malicious peevish interested and revengeful Sell-Soul Surrogate Official or Register King Balak himself could not with all his Gifts persuade the wicked and mercenary Prophet Balaam to curse whom God had not cursed but in spight of his teeth he was glad to say How can I defie whom the Lord hath not defied Yet he loved Cursing and Mischief in his heart and accordingly gave King Balak most wicked counsel which ended in mischievous Events on all sides No Judge that has any thing of a Man in him can pass Sentence of Death upon a Malefactor that deserves it without some yernings of the Bowels of Humane Compassion to Humane Kind And shall a keen-spiritual Judge make no more of it than to be yare and brisk and ready prest and bent to anathematize excommunicate silence suspend and curse to eternal death the Souls of poor Christians for every Trifle to the Pit of Hell and his Body to the Jayl Is this Christianity Is this Religion Learnt we this of our Saviour God forbid God forbid that Protestant-Bishops should be like the Bishops Luther speaks of for this cause To. 2. p. 310. Adversus falsum nominatum ordinem Episcop Perinde c. It is with these wicked Bishops all one as if the Devil himself should sit Mitred in the Chair and Rule the People The Introduction SOME that have thought
count them vexatious and to make provision for the King's Churches and Chappels to be freed and exempt from their Visitations I shall never forget it Visit or Vex nay I know it experimentally a most admirable Couple or Conjunctive Copulative Visit or Vex good incomparable well since that wise King and Parliament put them together let them go Visit or Vex. Yet let no Man mistake me as the Vulgar Translation does the Text in St. Luke's Gospel reading Evertit domum instead of Everrit domum that is She overthrew the house instead of She swept the house No no I love a Bishoprick too well to wish its ruine the worst I wish them is to 'mend not end them Again You may well say That as Great as they are they are not Too Great Burly and Overgrown for the Law that has prov'd an Overmatch to the greatest Favourites and arbitrary Judges in England in all Ages and has brought some of them to the Block I doubt it not why then you 'll say Indict them and bring Informations in the Crown-Office against them Indict them Sh them There are so many starting holes in the Statute and they are Cunning and Rich and do you not know that Riches can make Friends I thought you had known it I have heard of some Highway-men and Robbers in other Kingdoms that when they Rob a Man of a 1000 l. they 'll be content to be taken and tryed for their Lives if you give them but 600 l. more why so what will the money do them good if they are hang'd true But they know a way worth two on 't for for 500 l. given to Madam she can procure a Reprieve But you 'll say What 's all this to the purpose or to the Men of Doctors Commons or do you think you tell us News or what 's this to Excommunication and the power of the Keys I answer with a late learned Author Why may not a Man be suffered to talk Impertinently now and then 'T is the mode the very Gazet-mode and the fashion of every weekly Pamphlet And yet by your favour though the Extortions and notorious Oppressions in the Probate of Wills c. be no news since Edward III's Reign a very very old Disease it 's well if it be capable of Cure yet treating here of the Power of the Keys and Excommunication I cannot be Impertinent if I shew you how Vice corrects Sin And as my private concern as I said before occasion'd my search into their Ways and Authority so I doubt not but the Reader will be abundantly satisfied in reading the whole Libel and Articles against me and my Answer Proximus ardet It may be your own case e're long or your friends and if it be by my Answer you 'l know the better how to handle them For for all my whining for the loss of my said Guiney I assure you I fear them not as I us'd to say in my old Motto like a Tortoise in his Shell Vertute mea me Involvo I am safe rowl'd up in mine own Innoconce and in the Integrity I bless Almighty God of mine unblemish't Life and Conversation unblemish't I say that would not say it nor should not say it but on this occasion in mine own just defence I say again unblemish't except by Lies and Libels and a pack of Hircling-villains that for the sake of Money and a Fee be-slander me but Nubecula est evanescit 't is like a Vapor or a morning Cloud it vanishes and must and shall before I have done with them they 'l know me better I wish I could impart my Fortitude in suffering I mean to all that are oppressed they shall find I am Shot-free and Malice-proof and for my Guiney aforesaid let it go at present I 'le fetch some of it again with a vengeance to them and have Arrested or order'd to be Arrested the said Vice-Register Nucourt for it already I cannot endure to part with my Money no not upon the Road but I must know why and wherefore if they tell mo a Lye they must shew me a reason for 't before we part if I be not Godfreydiz'd or Arnoldiz'd the World 's wicked enough But my Answer cannot be understood except I give you first an account of the Libel exhibited against me in the Arches Thomas Doughty Gent. the Promoter but upon second thoughts it was deem'd meet to make Henry Bishop of London Promoter but their Councels being coufus'd and the men Ruffled with my appearance in that Heathenish Language Greek which I spoke not in ostentation but because many of the Canons were made originally in Greek and the Interpreters thereof the Doctors of the Canon Law had need blush as Red and Scarlet as their Gowns of being ignorant of the Original they profess to interpret besides I did it to shew how well their Caps became them whil'st I forsooth must stand bare before the Gallants a very comely sight and a great deal of reason But so pudled they were some of them that when I came first into Court Thomas Doughty was the Informer and Promoter but he not being thought big enough or for what other reasons I cannot tell nor do I desire to be a privy Councellor amongst them but Doughty was scor'd out by the Bishop of London's said Vice-Register the said Nucourt and in his place by Interline was inserted Henry Bishop of London for the Promoter but that also was another blunder for in the last Article Doughty gets the honour of the place again and is made Promoter again against me in this terrible Libel following viz. CHAP. VI. IN Dei Nomine Amen Nos Robertus Wyseman Miles Legum Doctorê° Almae Curiae Cantê° de Archubus Londonê° Officialis Principalis Legitime constitutus tibi Edmundo Hickeringill Clerico Rectori Rectoriae Ecclesiae Parochialis omnium Sanctorum in villa Colcestriae Dioc. Londonê° Cantq Provincê° Articulos Capitula sive Interria meram animae tuae salutem morumque excessuum suorum reformationem praesertim crimina delicta tua infrascriptê° concernenê° ex Officio nostro ad promotionem Reverendi in Christo Patris Domini Domini Henrici Londonê° Episcopi objicimus Articulamur prout sequitur viz. 1. IMprimis Objicimus Articulamur That in the Months of March April May June July August September October November December January February and March in the years of our Lord 1674 1675 1676 1677 1678 1679 1680. and in the Months of March April and May 1681. You the said Edmund Hickeringill were and still are Rector of the Rectory and Parish-Church of All-Saints in Colchester aforesaid And as and for the Rector of the said Rectory and Parish-Church aforesaid you were during the time aforesaid and still are commonly accounted reputed and taken Et Objicimus Articulamur conjunctim divisim de quolibet 2. Item We Article and Object that you the said Edmund Hickeringill to promote differences between Samuel Bridge
Clerk Rector of Wivenhoe in the County of Essex aforesaid and his Parishioners did within the time aforesaid endeavour to Animate and Incense the said Parishioners or some of them against their said Rector and proffer'd that if they would give or pay you twenty pounds you would rout the said Mr Bridge from the said Living or from amongst them or to that effect Pot. tamen de qualibet alia summa 3. Item We Article and Object that you the said Edmund Hickeringill do know believe or credibly have heard that Samuel Harris Clerk was and is the lawful Vicar of the Vicaridg of Fingringhoe in the said County of Essex and by vertue thereof rightly instituted to the small Tythes belonging to the said Vicaridg and that notwithstanding the Premises you the said Edmund Hickeringill have stirred up and forewarned several of the Parishioners of the said Parish not to pay their small Tythes to the said Vicar on purpose to stir up contentious Suits between the said Vicar and the said Parishioners And this was and is true publick and notorious and so much you the said Edmund Hickeringill have confessed and acknowledged to be true Et Objicimus Articulamur ut supra 4. Item We Article and Object that you the said Edmund Hickeringill do know believe or have credibly heard that within the time aforesaid the Tythes Profits and Emoluments of and belonging to the Parish-Churches of St. Botolphs and St. Leonards in Colchester being both void of an Incumbent are by vertue of a Sequestration for each of the said Churches rightly and duly committed and granted by the Right Reverend Father in God Henry Lord Bishop of London to the Custody of the said Samuel Harris Clerk and that he is rightful and lawful Sequestrator of the same and that by vertue of a Licence or Licences under the Seal of the said Bishop the Cure of the Souls of the Parishioners and Inhabitants of the said respective Parishes are rightly and duly committed and granted to the said Samnel Harris And that notwithstanding the Premises you the said Edmund Hickeringill have forewarned several Parishioners of the said Parish or one of them not to pay any Tythes Dues or Duties to the said Mr. Harris And more particularly by a Note under your Hand bearing Date the sixth of April 1681. Directed to the Parishioners and Inhabitants of the said Parish of St. Botolphs have promised to save harmless and indempnifie all the Parishioners and Inhabitants of the said Parish in the payment of their Tythes Offerings Obventions and Oblations unto you against all men living And likewise by another Note under your Hand bearing Date the 16th day of March 1680. have promised and engaged unto one Robert Gihson of St. Lconards in Colchester aforesaid Baker to desend him and save him harmless in the Possession of the Parsonage-House of St. Leonards aforesaid upon condition he pay unto you the Quarterly Rent of twelve shillings and six pence so long as he holds the same notwithstanding the said House belongs to the said Mr. Harris by vertue of the said Sequestration And that if he be ejected or troubled by Suits at Law you will bear the charges of the said Suit and will also bear the charges of erecting an Oven there if he be forced out of the Possession thereof by due Course of Law before Christmas next after the Date of the said Note he paying you fifty Shillings at Christmas next if he be in the Possession of the same Parsonage-House and do not relinquish the same 'till forced thereunto by the Order of Law or to that effect Et Objicimus Articulamur ut supra 5. Item Objicimus Articulamur that notwithstanding the said Mr. Harris is Licensed by the said Bishop to serve the said Cures of St. Botolph and St. Leonards aforesaid yet you the said Edmund Hickeringill in contempt of the Authority of the said Bishop your Ordinary have threatned the Sextons of the said Parishes or one of them that you will ruin him or them if he of they give notice to the said Mr. Harris of any business concerning the Ministerial Function to be done or performed as Christning Marrying Burying or the like in the said Parishes or either of them and that you have several times or at least once disturb'd the said Mr. Harris in doing and performing his Ministerial Function in the said Parishes or one of them in one or more of the Holy Offices aforesaid to the great scandal of our Ministerial Function and of all good people in and about Colchester aforesaid And this was and is true publick and notorious Et Objicimus Articulamur ut supra Item Objicimus Articulamur that you the said Edmund Hickeringill do know or have heard that by the Canons and Constitutions of the Church of England in that behalf Published and Established no Minister upon pain of suspension per triennium ipso facto shall Celebrate Matrimony between any Persons without a Faculty or Licence first in that behalf lawfully obtained except the Banes of Matrimony have been first Published three several Sundays or Holy-days in the time of Divine-Service in the Parish Churches and Chappels where the said Parties dwelt according to the Book of Common-Prayer And that every Minister who shall hereafter Celebrate Marriage betwixt any Persons contrary to the said Constitutions or any one of them under colour of any peculiar Liberty or Priviledg claim'd to appertain to certain Churches and Chappels shall be suspended per triennium by the Ordinary of the Place where the offence shall be committed as by the said Canons and Constitutions Ecclesiastical it doth more plainly appear Et Objicimus Articulamur ut supra 7. Item Objicimus Articulamur that notwithstanding the Premises you the said Edmand Hickeringill in contempt of the said Canons and Constitutions did in the Months of March April May June July August September October November December January February and March in the Years of our Lord 1678 1679 1680. And likewise in the Months of March April and May 1681. And in all some of one of the said Years and Months without any Licence or Faculties in that behalf first obtained or Banes Published and Denounced as is enjoyned by the said Canons and Constitutions and by the Book of Common-Prayer by Law established in the Church of England Solemnize or rather Prophane several Marriages between several persons and more especially between James Abel of the Parish of St. Leonards in Colchester aforesaid and Anne Burnham of the same Parish And also between John Shepheard of the Parish of St. Leonards aforesaid and Damaris Gillings of the same Parish And also between Edward Hartley of the Parish of St. Botolphs in Colchester and Mary Groom of the Parish of St. Leonards aforesaid And also between Daniel Steers of the Parish of St. Mary Magdalen in Colchester aforesaid and Ann Bloome of the Parish of St. Leonard aforesaid And also between Richard Potter of Aldham in the
money by Richard Aufeild and William Hutton now Church-wardens of the aforesaid Church of All-Saints to the aforenamed Lord Thomas Audley in his Life time paid in full Purchase and Bargain of the aforesaid Tythes to him the aforenamed Rector and to his Successors for ever Have given granted sold and by this present Writing confirmed unto Robert Plumton Clerk Rector of the Parish Church of All-Saints in the Town of Colchester aforesaid and unto his Successors for ever all the aforesaid Tythes in the Town of Colchester or elsewhere To have enjoy hold and take all and singular the aforesaid Tythes to the said Robert Plumton and to his Successors Rectors of the Parish-Church of All-Saints in Colchester aforesaid for the time being for ever And I the said Thomas Audley Esq and my Heirs All and singular the Premises above specified against me the said Thomas Audley Esq and my Heirs to the said Robert Plumton and his Successors aforesaid shall and will warrant and for ever defend by these Presents In witness whereof we the said Edward North Thomas Pope Edmund Martin and Thomas Gimblet and Thomas Audley Esq to this our present Writing have set our Seals Dated May 14 in the 36 year of the Reign of the most excellent and invincible Prince and our Lord Hen. VIII by the Grace of God King of England France and Ireland Defender of the Faith and on Earth the Supreme Head of the Church of England France and Ireland EDWARD NORTH THOMAS POPE EDWARD MARTIN THOMAS GIMBLET THOMAS AVDLEY And is it not Great first to invade a man's Rights and Freeholds and then Article against him as a Barretor for defending himself and them Oh! most incomparable Subtlety and Policy And if a Plenarty for three years only shall be an Estoppel to the King as in some Cases 18 Edw. 3.5 much more a Plenarty for 19 or 20 years as in this Case not to be stiffed nor tryed whether by Right obtained or by Intrusion though this Defendant enjoys them by lawful Presentation from the King and Institution and Induction thereon but however this Spiritual Court extravagantly inquires after it the Titles of mens Freeholds and Rectories belonging onely to the Courts of our Lord the King and a Tryal by Juries as proved by the Statutes before mentioned beyond all contradiction or fear of any thing but a Praentunire for being Busie-bodies that would hook in all things by hook and by crook into the Jurisdiction of their Courts as you know who does in ordine ad spiritualist Fifthly As for the Rectory of St. Leonards in Colobester aforesaid a poor business it is God knows not is worth 7 l. per Annum nor that able to repair the Dilapidations of the Parsonage-house in ten years nay it had been demolished to the ground long ere this but for care taken for the same by Robert Sewell Gent. who was and still is Sequestrator of the Profits of the said Rectory constituted and appointed under the Seal of the said Henry Bishop of London bearing date April 17. 1676. and in the first year of his Translation and confirmed by the said Bishop in all and every of his Visitations and the Fees paid for the same and the same still is in force and unrevok'd Besides though the Benefice of the said Leonards is so small as aforesaid yet the said Mr. Sewell provided to support the House which is large and keep it up in tolerable Repair and provided the learned and honest Gentleman Mr. Bridge of Alesford in Essex to preach there once a month and sometimes this Defendant though not above once in a year sometmes But the said Living being so poor and scandalous and the Parish so lamentably abounding with Poor above any other Parish in Colchester this Defendant constantly paid to the relief of the Poor 2 s. per mensem and also at every Sermon that Mr. Bridge aforesaid or this Defendant did preach there this Defendant also caused to be distributed Four and twenty Penns-lodves amongst the poorest sort but after since the said Bishop has given the interruption the Poor has had the less Food for their Souls for the Church-doors have long been shut against the said Mr. Bridge and this Defendant wonderful care of the Cure of Souls whereby also the Poor has been deprived of relief for their Bodies also That 's all the good that is or is ever likely to be by this peevish stop  l. s. d. per Annum The Profits of the Rectory 07 00 00 per Annum Out of which    per Annum The Kings Tenths Pension Bishops Visitation Synodals and Procurations about 02 00 00 per Annum To the Poor assessed and freely given 02 10 00 per Annum For preaching 13 Sermons to Mr. Bridge per Annum at 5 s. per Serm. 03 05 00 per Annum But the Profits the said Mr. Sewell does yet receive as he hopes he lawfully may be the Authority of the said Bishop unrevok'd to this day and not worth the contending for For no man can get a Penny by it and seldom comes a better but no matter how soon the same is revok'd that the great advantage the poor People gets by this bustle and change may be seen For it is a shame that the Bishop should provide worse for them and make a bustle only to do harm and if he do provide better then the said Promoter and Bishop must part with money probably out of his own Pocket thereunto which this Defendant fears will not be done Sixthly The Vicaridge of Fingringhoe is void by the Statute 26 H. 8.3 by reason the said Samuel Harris Clerk in the third Article mentioned being Instituted and Inducted in or about the month of December last past yet has not paid the King's Tenths to the value with Charges thereupon in the Exchequer of 30 or 40 l. now due and refused to be paid or neglected by the said Bishop to be demanded of him personally or if demanded lawfully then the said Vicaridge is void and ought to be so declared and the Right of Patronage or Advowson being in this Desendant together with the great Tythes and Impropriation of Fingringhoe aforesaid the Custody of the Profits of the said Vicaridge does belong during the Vacancy to this Defendant the Patron as this Defendant humbly conceives by force of the Statutes 25 Edw. 3. and 35 Edw. 1.1 But if disputable be this Defendants Title to the same yet neither this Court nor any Ecclesiastical Court can hold Plea thereof nor of any matter whereof the King's Courts have Right of Jurisdiction 2 Edw. 6.13 nor can determine the Titles and Rights of Freehold as 25 Edw. 3.4 28 Edw. 3.3 17 alias 16 Car. 1.11 aforesaid Besides the said Harris never was Resident so much as one night in the said Parish of Fingringhoe since his first Induction to the said Vicaridge thereof but preach'd three or four times to the Parishioners got half a years Tythes and never came in
by the Election of the Major part of the Presbyters within the Archdeaconry 4. To the End the Dean and Chapters may the better be fitted to afford Counsel and Assistance to the Bishops both in Ordination and other Offices mentioned before c. Moreover an equal Number to those of the Chapter of the most learned pious and discreet Presbyters of the same Diocess annually Chosen by the Major Vote of all the Presbyters of that Diocess present at the Election shall be always advising and assisting together with those of the Chapter in all Ordinations and every part of Jurisdiction which appertains to the Censure of the Church and at all other solemn and important Actions in the Exercise of the Ecclesiastical Jurisdiction wherein any of the Ministery are concern'd And Our Will is That the great work of Ordination be constantly and solemnly performed by the Bishop and his aforesaid Presbytery 5. We will take Care that Confirmation be rightly and solemnly performed by the Information and with the Consent of the Minister of the place who shall admit none to the Lord's Supper 'till they have made a credible Profession of their Faith and promised Obedience c. This was the Judgment of His Majesty in that Declaration which see at large to which the Parliament that made the Act of Uniformity gave so much Deference and Reverence That they Publickly gave His Majesty Thanks for the same And as to the matter in hand concerning Confirmation they Enacted it almost to a Tittle which see in the Rubrick foregoing that Sacred Office But who is Conformable thereunto and who are the Nonconformists now And who makes a pause in the work 'till first be obtained the Information and Consent of the Minister of the place without which in the Judgment of His Gracious Majesty Confirmation could not be rightly and solemnly performed It has been prov'd that if a Diocesan-Bishop had no other work besides Confirmation only it is impossible that all the Bishops in England should confirm those that want Confirmation in this one only Diocess of London though they did nothing else and left their own Sees vacant if they observe the Rubrick and Act of Uniformity and not do it as is too frequent perfunctorily and shamefully but with such previous caution scrutiny examination and circumspection and with Certificates thereof and Godfathers and Godmothers as the Common-Prayer-Book enjoyns Grant Confirmation to be a good and needful work yet the Law enjoyns Impossibilities if no one man can possibly be sufficient for these things though he shake off all worldly Affairs and Counsels Again If a Diocesan-Bishop had no other work but only to teach and exhort his Flock publickly and from House to House as Ignatius tells us all Bishops did in his time in the second Century before ever any Diocesan-Bishops were heard of for Bishops then were to enquire after every one by name even Man-servants and Maid-servants even this necessary feeding-work of a good Shepherd would be fully employed in a single Parish and in such a Parish as Saint Andrews-Holborn London there would be work enough for the Bishop and his Dean though the Lecturer and Reader came in to help For no Bishop in the Primitive-times nor 'till Pope Silvester I. had more than one Flock one Altar one Church nor then neither except only in Rome and Alexandria Indeed the Apostles that had the Gift of Tongues travelled all Nations and were Itinerant Preachers for the most part but I speak of setled standing Officers of the Church called Bishops or which is all one in Scripture-Language as Dr. Hammond Jo. Gerson Grotius and most learned men generally agree to be all one with Presbyters for a Sub-Presbyter such as Parish-Priests are made in England is not to be found in the Holy-Scripture of the New-Testament nor the Prime-Primitive-times How then and when did Diocefan-Bishops come into the World and wherefore may some say To which I will answer but not before some body answer me this Question How when and wherefore Hell and Devils came into the Word for from the beginning Hell and Devils were not Some say it was Pride and Ambition that made Angels of Darkness of those that were first Angels of Light Lucifer would be like his Maker ambituis for Rule and Domineering and like God to be Omnipresent and Ubiquitary Therefore Down Lucifer Down to Hell and be condemned said the Almighty to Everlasting Chains of Darkness to the Judgment of the Great Day History Ecclesiastical tells us that the Chorepiscopi or Country-Bishops just like the Rectors of the Parishes saving the Name nay even the Name too of Prelates and Hierarchici was given to Parish-Presbyters though Parishes are no antient Invention Presbyteri qui prasunt Ecclesiis c. Concil Aquisgr and the Learned Filesacus p. 576 577. proves it abundantly that Presbyters were called Prelates as well as Bishops Episcoporum instar suam habebant plebem regendam I say the Chorepiscopi were dismist of their Authority by the rich adjoyning City-Bishopes ne vilescat nomen Episcopi poor Country-Bishops that have no Lordly Equipage will make the name of Bishop cheap and vile and vulgar Ay Ay so it will What Can a Lord-Bishop found like a Lordly Name when poor fellows such as St. Paul the Tent-maker and St. Peter the Fisherman and poor Country Rural Beggarly Bishops pretend to the same Power and Authority in Name and Thing Can the name of a Bishop found Lordly and Domineering over the rost of the Brethren of the Clergy if it be common to every beggarly Minister of Christ and Steward of the Mysteries Therefore make Room and enlarge the Boundaries the Arch-bishoprick of York was glad to swallow seven little Bishopricks at one gulp to make it swell but to the bigness it is now of yet lopt and cropt Can the Tythes of a single Parish maintaian six Lackqueys six Grooms and as many idle Gentlemen or as the Dutch style them idle men Can lean Easter-Offerings buy a guilt Coach Come tell me that Or can a single Acre of melancholly and solitary Glebe-land make fat six Flanders-Jades or Coach-Horses No you must say No why then read the Learned History of the Council of Trent compos'd by Father Paulus a Papist but as great an Enemy of proud Prelacy as any Protestant he will tell you in Page 330 331 332 333. How Grandieur Grandieur And make Room there Sirrah for my Lord Bishop after the Emperors became Christian crept gradually and stole into the Church unknown to the Primitive and New-Testament sanctity I owe the Pope one touch more of my Pen if it be but for bringing in maintaining abetting and promoting Prelatical and Ecclesiastical Lordliness and Domineering in spight of his vaunted Predecessor St. Peter and in spight of our Blessed Saviour 1 Pet. 5.3 Luke 22. to both which he vaunts himself to be the Vicar or Vicegerent Luther's single Pen gave his Holiness such a crock or scratch the wretch