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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43638	The test or tryal of the goodness & value of spiritual-courts in two queries: I. Whether the statute of I Edw. 6.2. be in force (against them) at this day, obliging them to summon and cite the Kings subjects (not in their own names and styles, as now they do, but) in the name and stile of the Kings Majesty (as in the Kings Courts Temporal) and under the seal of the Kings arms? II. Whether any of the cannon-law, or how much of the cannon-law is (at this day) the law of England, in Courts Christian? Highly necessary to be perused by all those that have been, or may be cited to appear at Doctors Commons. By Edm. Hickeringill.	Hickeringill, Edmund, 1631-1708.	1683 (1683)	Wing H1829; ESTC R216804	57,574	47

State all over London yet the Processes of Suits run not in the same name and Style but sometimes in the name of the Bishop sometimes in the name of his Arch-Deacon sometimes in the name of the Vicar-General sometimes in the name of the Official c. Therefore this far fech't Inference strained and stretcht is too short to reach a Blow or so much as to touch that part of the Statute of 1 Edw. 6. 2. concerning the use of the name style and Arms in the Citations and Processes Ecclesiastical Nay more It is evident also that the Popes 〈◊〉 Supremacy and re-establishment might well enough 〈…〉 i th the use of the King's Name and Style in Processes 〈◊〉 as well as with Exton's name or Pinfold's name or any 〈…〉 ay-Commissary's name in the Time of Popery If you sa 〈…〉 ut the name of the King's Majesty in a Writ or Process 〈…〉 an Avow or Tacite Recognition that the Courts-Ecclesiasti 〈…〉 the King's-Courts I readily grant it and therefore it argues the more strongly for the reasonableness and great Expediency of that Statute that well enjoyns His Majesties Name Style and Arms in Courts Ecclesiastical If they be the Kings-Courts Ecclesiastical and His Majesty Head of the Church as he is of the State This Statute then of 1 and 2 Phil. and Mar. 8. does not so much as by Consequence repeal 1 Edw. 6. 2. Yet I well know what my Lord Coke says to it and do better know that he durst say no other then he did so terrible then were the Prelates looking bigg and formidable in their High-Commission-Court and Starr-Chamber Otherwise a man of his sence and acute reason could not have talkt as he does of the dreadful Consequences if that Statute of 1 Edw. 6. 2. be in force to the Infinite Prejudice of His Majesties Subjects in cases of great Importance and to the Scandal and Impeachment of His Majestics Justice c. For ●le secure the Scandal and all the dreadful Consequences before the Reader has turn'd over many more Leaves of this little Tract if the Oracle of the Law the Learned Coke be not mistaken And if the Bishops in 4 Jacobi had not had somewhat else at the bottome which I ●are not to name we should have had and still have as good Bishops and Priests as ever we had if that be all the Objection that the Statute of 1 Edw. 6. 2 as to the use of the name and style of the King in Processes Ecclesiastical will make us loose our Priests and Bishops God bless us we are not so lost and undone as yet if 〈◊〉 Coke be not out of his Law in this particular the Learned are affi 〈…〉 warps But a Statute may by express words in after-Statutes be repealed in part and in a Branch and not alwayes in the whole as is easy to instance in many Crowding Presidents And Coke says the Arch-bishops and Bishops would all be illegal if they were made according to our Celebrated Act of 1 Edw. 6. Because Thought it be not repealed yet the 1 Eliz. 1. reviving the Act of 25. Hen. 8. 20. is thought to vacate so much of it as concerns the making and constituting Bishops And therefore King James his Bishops should not have needed to have been so scared and affrighted as if the Sky had fallen when the 1 Edw. 6. 2. was reviv'd by King James his repealing 1 Ma. 2. if the Lord Coke say true For Queen Elizabeth had secur'd his and her Bishops by reviving her Fathers Act concerning Bishop-making in these words And at every Avoydance of any Arch-bishoprick Bishoprick The King His Heirs and Snccessors may grant to the Prior and Covent we have got none now or to the Dea● and a Chapter a Licence under the great Seal c. containing the Name of the person which they shall Elect and choose c. A pretty kind of Election for they shall neither will nor chuse nor dare to refuse him that is nominated in the Letters missive yet it is called an Election though although it be whether they will or no. Bishops then 〈◊〉 need if Coke be not mistaken to fear but they are well enough made 〈◊〉 I wish with all my heart that some of them were made better for their ow 〈…〉 and for my own sake There 's no harm nor scandal in this Prayer I 〈◊〉 But still what 's all this to the contempt 〈…〉 ute of 1 Edw. 6. 2 as to the use of the name style c. of the King in 〈…〉 mmons Ecclesiastical if that Clause in 1 Edw. 6. 2. be unrepealed Why it is repealed in effect says the Lord Coke by this 〈◊〉 that Statute of 25. Hen 8. 20. as aforesaid by 1 Eliz. 1. reviv'd namely in these words And further it is Enacted that every person chosen Elected Iuvested and consecrated Arch-bishop or Bishop according to the Form and Effect of this Act c. shall do and execute iu every thing and things touching the same as any Arch-bishop or Bishop of this Realm c. might at any time heretofore do Thus the Lord Coke recites that Branch of the Statute with greater prevarication then became a man of his Ingenuity which herein far surpast his Integrity The Truth is a great Lawyer and the higher he is staged had need to be of all others a good man like Roscius of whom Cicero gives this Character Roscium it a peritum dixit ut solus esset dignus qui in Scenam deberet intrare ita virum bonum ut solus esset dignus qui eo non debeat accedere Roscius was such a skilful Actor that he of all others did best become the stage but so good a man withall that it was a Pity he should ever have come there As the Learned Coke does quote the Statute Arch-bishops and Bishops may nay they ought to say Mass baptise our Bells spit in our Childrens mouths when they baptise them and a thousand idle ●opperies more they ought to do if they ought to do in every thing as any Popish Archbishop or Bishop might at any time heretofore do To the great Dishonour and Disparagement of the Prudence and Wisdom of Queen Elizabeth and her first Parliament nay and of all Parliaments since that time By Cooks Citation of the Statute to serve his purpose against the said clause of the Statute of 1 Edw. 6. 2. he opens a gap to let in Popery or to let out the Bishops thither if they please if they must do and execute in every thing and things as any Arch-bishop or Bishop of this Realm might at any time do before the time of Hen. 8. Story says that Aesculapius was struck by a Thunderbolt for taking Immoderate Fees for a Cure and some men think that it was either Covetousness of a great Huge banking Fee or Fear of loosing some Place or Office by displeasing the Bishops that Cook did not fully and honestly recite the said Statute

Persecution are all short liv'd But I am sure some Ecclesiastical-men have not so much as the Letter of the Law to justify their Sell-Soul-Trade Oppressions Illegal Fees Vexations Symony and Extortions wherein they are far less justifyable than vile Bonner Oh! Does our Bibles teach us Symony or to take money for the Gifts of God that are not to be sold nor purchased with money Does Christ or his Apostles teach us to exercise Dominion like the Princes of the Gentiles and to Lord it over Gods Heritage Simon Magus attempted it but to cheapen and ask the Price of the Gift of God but did not actually sell it However we do not read that he intended to be twice paid But it is contrary to our Canonical-Oath and your own Canons to take or give money for Letters of Orders Sacraments Institutions B●ptings Marriages Burials c. and contrary to our Oath against Symony or selling or purchating Gods Gifts How are we 〈◊〉 What Oath have we sworn to keep There is yet one even most thumping Objection behind and unanswered which the Lord Coke seems to lay the greatest Stress upon and did most prevail with the Lord chief-Baron and others to get it hush't down and laid after the ●wo Lord Chief-Jus●●●●● could not deny but it begun to be reviv'd and walk again since 1 Jacobi To the great T●●rour of the ruling Priests Commissaries Officials Jaylors Registers and Summers for 〈◊〉 Trade seem'd to begin to fail but for one main Argument or Cord that seem'd to bind it down again viz. Object It would be great Scandal to the Kings Justice yea verily if there had been no Legal Priests and Bishops made for three long years together with other Inconveniences to boot if the Statute of 1 Edw. 6. 2. should be in force and therefore it must not it shall not it cannot be in force Answ This Objection is like the Rancounter of a ●●ayl there is no ward they think no fence against it and it is really so if the Law of England be Club-Law Object Was it a Scandal to have no Legal Bishops nor Legal Priests constituted for three long years how great then would the Scandal be for 70 long years say they Answ But My friends a Consumption or Gangrene is never the better but the worse more Inveterate more noysome more Dangerous and more difficulty cured by Continuance Did ever any man plead for the Expediency of an Vlcer because it was an old sore Is not the Continuance thereof the ready way to bring it to a Gangrene to the hazard of mortifying the part and threatning most formidably the Hazard of the Vitals and noble parts Never did Illegality or a Disease plead Seniority rationally for its Justification Is it a Scandal and attended with great Inconveniencies 'T is granted and it is too true What then What is to be done with it that is the next question and most necessary to be decided Is it a Scandal the more need there is of a speedy Removal of the Scandal such an old Scandal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Scandalum is a Greek word and it properly signifies a Threshold or stumbling block and Metaphorically all things that offend or lye in our way are called Scandals Now what shall we do with his block or Threshold or Scandal The Answer is most Easy Lay the block or the Threshold at the right Door whereto it belongs and appertains CHAP. IX DOes the Revival of this Statute put us again into the true Protestant dress does it take away the Conge Deslires and Elections thereupon which 1 Edw. 6. 2. says are in very deed no Elections but meer Colours Shadows and Pretences of Elections serving nevertheless to no Purpose and seeming also Derogatory and Prejudicial to the Kings Prerogative Royal c. Is the Kings Supremacy and Authority Ecclesiastical best asserted and avowed by his Name Stile and Armes in all Writs Original or Judicial in Ecclesiastical-Courts as well as they are in Temporal-Courts Then why should not Prelats and their Ecclesiastical Courts conform themselves and be as tender of the Kings Prerogative Supremacy and Authority in Ecclesiastical as well as Temporal Causes and Courts if they have not some Secret Reserve in the hollow of their Breasts why should they not be for the King as well in things that thwart as well as in things that make for their Interest if they be so Loyal in things that serve their own turnes Interest Power Grandeur and Dominion Is it a Scandal Remove it lay it at the doors it properly belongs unto If they be not Legally Constituted what then why then let them be Legally Constituted and if there be the more Vacancyes there will be the more first-fruits and Fees for Letters Patents They may the better afford it if they have had such stately Revenues so long illegally And what harm of all this Oh! say some A very great harm this would be a Confession of Guilt and a Confession of Sin and errour an old Sin an old Errour What then This is the first time that ever I heard that Confession of Sin was a Crime Oh but it argues such an Vniverssal Error why whoever said the Prelats are insallible in Spirituals much less Temporals we read of great Mischiess that have enshed by their buzzing at C●●●●ong agoe and busying themselves with Politicks It had been much better for them 〈◊〉 for Princes too that Bishops had kept themselves to their Bibles And neither 〈◊〉 the World would have been so plagu'd with their Heats which like fire out of the Hearth 〈◊〉 has sometimes Consumed then Warmed having done Mischief unspeakable but what good 〈◊〉 this only my own Observation I learnt it from no worse man than a Bishop nay an 〈…〉 I mean Matt. Parker Arch-bishop of Canterbury in good Queen Elizabeths days who in his 〈◊〉 Intitled Autiquitates Britannicae speaking of the times of K. R. 1 and the Pranks of Hubere 〈◊〉 Arch-bishop of Canterbury has these words Neque enim si verum Judicarc Volumus in Republica Christiana quicquam sani atque Integri Saculum illud tulit Fictaque et Adusnbrata Religionis specie Proposita totus Clerus in Sceleribus Muneribus honoribus et Rapinis Neglecto penitus Verbo impune Volutabat Hujus mali Origo ab hoc Prosluxit quod contra Orthodoxorum Patrum Decreta Clerus Nimium Mundanis se Negotiis Immiscuit Nor was there if we will Judge aright in that Age anything left sound or as it ought to be in the Christian Common-wealth for the whole Clergy under a feigned and outside form of Religion did with Impunity Wallow like Swine in Wickedness Briberies Honours and R●pines altogether neglecting the Word of God The Original of all which Mischiefs was this becauss the Clergy contrary to the Decrees of the Orthodox Fathers would needs be thrusting themselves into and intermedling with Worldly Affairs Then he goes on to shew a fearful Example of Gods Vengeance upon one of

Oaths of Canonical Obedience and I hope all Bishops also will take warning and look after their Potters Barbers Secretaries and Gehazies If they do not they shall hear further from me I 'le promise them are not Laws and Oaths something Ha! let me hear no more on 't no not at a Visitation I would wish them for their own sakes and for Conscience-sake and for the sake of the Oaths of Canonical Obedience and that small Oath against Symony and also if they please I 'le adde for their own Souls sake and for the Shame of the World and Speech of People that are apt enough to make or find holes in a Canonical Coat they shall not need to make any I have shewn enow in all Conscience and the Mischief is 't is true too no body can deny it blessed be God that his Mercy is infinite or else what would become of us Clergy-men above all others whether poor Clergy or rich Clergy whether those that are lyable to a Gaol or those that are above a Gaol lyable to an Excommunication or amici curiae and above it whether such as may be Anathematiz'd Gaol'd and Curst or such as do Anathematize others all of us have need to begg absolution of God and the People so much offended and abus'd by us contrary to our Oaths our Consciences and our own dear Canon-laws with which we Benchers do so thunder upon the Laity and the small poor pitiful and inferiour Clergy-men Vicars Curates Journey-men and Day-labourers If the World be suffer'd to go on at this rate they 'l not know how to distinguish and know the difference betwixt a rich Prelate and a Small-day-labouring Journey-man is it not a general Scandal Magnat a very great Scandal certainly I wish with all my heart the Poll had gone on which the Bishops set a foot that every Clergy-man should certifie the Cons and the Non-cons in every Parish The Non-cons are Shrubs and pitiful fellows and but few to us we think besides the Prelates say that they have the Gift of God by laying on of hands to Ordain Institute c. be it so And Ministers pretend that they by Ordination have got the Gift of God the Gift of Praying Preaching Baptizing and administring the other Sacrament c. Be it so too And both Prelates and Ministers we all Swear and take the Oath against Symony and Oath of Canonical Obedience The merciful God forgive us all what will become of us that should be Guides 'T is Symony to give Money for a Living 't is Smock-symony to truckle to a known Whore pimping for her favour to give a man a lift into the I charge no man with these kinds of Symony But the sin of Simon Magus is to make a Money-business of the Gifts of God in Letters of Orders Institutions Prayers Reading Lecturing Baptizing c. Baptize my Child quantum mihi dabitis saith Judas then what will you give me sayes the Symonist Ordain me yea but pay my Secretary my Register my Porter and the Groom of my Chamber give me my Letters of Orders again at a Visitation I have paid for them once Mr. Simon quantum dabitis pay the Secretary and take them Give us a Sermon Parson quantum dabitis sayes Simon what will you give me and I 'le be your Lecturer Read Prayers for me little Curate sayes the Scarlet Doctor quantum dabis sayes Simon what will you give me to do your Drudgery come Doctor you may afford it for you are better paid for sleeping than I for Praying and would you have a man Pray for nothing whilst you get so much for Praying but little or not at all quantum dabis shall I work and Pray by the day by the week or by the Year yet we all Swear the Oath against Symony God forgive us What will become of us Church of England do we call our selves if we that call our selves Church and yet Crack Oaths like Nuts and are so wicked surely then the Layity are sad Souls CHAP. XIV AND yet as wretched as we are and at what loose lock soever we Lye or Swear hand over head no Parliament since 25 H. 8. ever heeded our Canons so much as to reform them The 25 H. 8. 19. seems to be design'd for a temporary Act only and a Probationer to last only till 32 persons had selected the choice Canons out of the great heap of Rubbish but in such a confused fusty frivolous and self-confounding Lump the Commissioners were at a loss where to make their choice or else thought none of them worth chusing and so threw all aside Nor has any English Parliament regarded our loose condition so much as to take the Canons into consideration containing such a Gallowmawfrey Yet we must Swear and Swear Canonical Obedience and never a man in England scarcely can or dares affirm what Canons we Swear Obedience to or which alone are in force Oh feeble and frail condition of Church-men the poor Church-men for the rich there 's no Praying for them I mean No need of Praying for them but by the Common-prayer-book you may trust them they 'l shift well enough in this World I 'le warrant you let them alone to secure themselves and enrich themselves too yet I cannot deny but Poverty and Self-denyal Humility and taking up the Cross was as necessary an accomplishment and qualification of a Disciple of Christ and Successor of the Apostles as was any other Grace and if it be as indeed it is a qualification somebody takes as ready a course as can be to qualifie me But what do you tell us of Poverty 't is as displeasing to us as is the Statute of 1 Edw. 6. 2. Nor do not you tell us of Symony neither nor of taking Money for Ordinations Institutions c. Of which the Price is risen in some Diocesses since I was Instituted almost half in half it cost me not above eight or ten pounds to be Instituted Inducted and Ordain'd into the bargain but now the Price they say is almost doubled the Gift of God gives twice as much not to the Bishop himself no for his Servants Secretary Groom Varlet de Chambre Register Porter c. takes the Money The Lord keeper Bacon was Condemn'd for Bribery and most justly was turn'd out of his place and the Broad Seal taken from him yet the neither lov'd Money no he lov'd it not so much as he ought his great Soul was so far above it that he took no care for necessary Provision dying in a Garret chiefly for want nor did he ever take a Bribe in his life But his Servants did and he conniv'd even so c. Away with it for shame thy Money perish with thee said Simon Peter to Simon Magus for thou art in the gall of Bitterness and bond of Iniquity and hast neither part nor lot in this matter for thine heart is not right in the sight of God But besides the Symony what can be

new Superstitions and Ceremonies to Periwig the old Both of them are Dissenters and if any be Fin'd and Punisht Fine them and Punish them both alike but first Fine those Dissenters that make Dissenters by new Ceremonies contrary to the Act. Though I confess I am not for knocking men down and taking their Purses because their eyes are not so good as mine for fear that the next man I meet who may happen to out-see me as well as oyt-stare me should by mine own rule and law serve me with the same sawce and more especially because Almighty God the only King of Consciences has alwayes Plagued Persecutors of mens Consciences although erroneous Consciences in all Ages and I am apt to think that the Merit of Informers will scarcely perswade Almighty God to abate his usual Indignation against all manner of Persecution and Cruelty How much foever the Persecuting strain be applauded and admired by subtle Roger and such needy Varlets that are greedy to swallow any bait they are so hungry though it will certainly choak them His Gracious Majesty whom God long Preserve having so often declared as also his Parliaments against the severity-part of the Act and so also King Charles 1. that tells his Son how dangerous it is to Vsurp the Jurisdiction of the King of Consciences or to kick against the pricks And I have heard that therefore he would never Pardon a Murtherer saying Who am I to contradict God that sayes He that s●iddeth mans Blood by man shall his Blood be shed and shall I say No it shall not be shed But if in this or in any other word or clause in this discourse any thing have escap't my Pen through Precipitancy or want of Skill for who except the Pope is Insallible or derogatory to the Holy Catholick Church Faith or good Manners I wish it were obliterated with all my heart For nothing do I covet in this World so much as the Propagation of the true established Religion Peace Mercy and Goodness to humane Nature and all Mankind against any of which if I have in the least transgrest herein I hope the Ingenuous Readers will the rather candidly Pardon me in Complacence to the Honesty of this my Attempt which may at least Atone for my Errors and humane frailties which are many very many against which though none can possibly be more enraged than I am when they are discover'd to me But why should men be in love with their Sins or their Sores if they were my Sores I would not kick a Dog that Ofter'd to lick them whole And was not apparent Symony Avarice Spiritual Dominion and Encroachment upon Temporal-Courts and intrusion into temporal Employments together with Persecution Cruelty Spitting-fire Curses and Anathema's Extortions Gaoles and Fines new Ceremonies and Superstitions Antick Dresses and Antick Cringes c. all which are some mens darling sins but were they not at first brought over from Rome by Augustine Archbishop of Canterbury as aforesaid that same wretched Monk I know not what such Romish Dreggs are good for except as the Drest Cowcumbers I once Cookt for the Dunghill Or how in the name of goodness can any man abett them or so far Countenance them as to Discountenance me as hitherto for Impeaching them Nevertheless if any bodies Palate be so out of tast as to love and long for such Romish Dreggs let them send for the old tainted and fusty Bottles again For nothing else is fit to hold them nor can retain them long for the Gospel is compared to new Wine which no man that is no wise man puts into old Bottles else the new Wine doth burst the bottles and the wine is spilled and the bottles will be marred but new wine must be put into new bottles and both are preserved Not but that I have been as filly a Zealot for Persecution as zealous Roger himself 'till by searching I could find no president for it in the Bible nor any good luck that attended any that Persecuted men for Conscience-fake though an erroneous Conscience and especially in our Soyl where that weed never thriv'd long witness Queen Maries Methods and the German Emperor to the Protestant Hungarians 'till for shelter they fled to the more merciful Turk a Piece of Jesuitisme as unpolitick as Impious whoever lives to see the upshot I confess in the Old Testament Joshua had such a Commission to kill slay and plunder all Dissenters so that it possibly might be true what Procopius sayes he saw engraven on a Pillar near Tangis now called Tangier our Garrison in Asrick erected by the Phoenicians or Philistines that fled so far from the Valour of the Lords Captain Joshua to eternize their flight and except they had fled into the Sea they could not well have fled further in these words Nesfugimus à facie Joshua Praedonis filii Nave We fly from the face of that great Thief Joshua the Son of Nun. But he had no Commission to plunder his fellow Jews what feat was a Province peculiar to the wicked and mischievous Priests only those ravenous Sons of Eli. Whose Symonical Rapine dragg'd from me these heavy Verses The Priests of Bel were glad to Frogg for meat Feeding their Wives and Brats by holy Cheat But High-Priest Eli's Sons without remorse Cry Give ye Slaves or else we'ls tak 't by force Ay These were rampant Hector rend and tear And will be twice paid Curse Arrest and Swear Their frothy ware the Layety must buy it Just as they set the Price who dare deny it Come to the Temple Simon buy Gods Word If not then take him Gaoler Ax or Sword Religion drest in Buffe with Gun Sword Pike Religion sayst the D it is more like Religion is an Earthly Paradise Not an Artillery-Garden to the wise Religion's goodness and its Truth alone An Infinite of Souls to Heaven has won But can we give our God greater Dishonour Than think He needs the Black-Art of old Bonner The Pastoral-staff brought home Christs Sheep to Folds Ne're call'd for Help to Qnarter-staff of old If Heaven allure not no nor Gold to boot Not all Earths Magazines nor Hells can do 't For Souls may well to God be drawn not driven Did ever Gunpowder blow Souls to Heaven Lastly over and above all this the 15 Car. 1. 11. does inflict the penalty of a hundred pounds on all Ecclesiastical-Couriers that take upon them to inflict award or inflict award or impost any Pays Penalty c. upon any the Kings Subjects c Add I do not remember that they did Act till by 13 Car. 2. 12. some deemed a branch thereof to be repealed by 13 Car. 2. 12. But that 13 Car. 2. 12. repealing only a branch of a Stature made in 17 Car. 1. Qu●rz whether that can repeal 16 Car 1. Possibly it might be a mistake but Quarz Whether any but a Parliament can regulate or amend that mistake For It is most certain that all Acts of Parliament