Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	king_n	say_a	sovereign_a	23,708	5	10.0425	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49678	The late famous tryal of Mr. Hickeringill, rector of the rectory of All-Saints in Colchester, and author of The naked truth, the second part with an information exhibited against him for barretry, in XXIV articles : to make good the charge against him at the suit of the King, as in course, but really, prosecuted by one Maltcher, and one Morris, a proctor in the spriritual courts : at the assizes in Nisi Prius held at Chelmsford, March 3, 1680 before Mr. Baron Weston : where and when he was accused, amongst other things, for writing the said book called The naked truth, the second part.	Hickeringill, Edmund, 1631-1708, defendant.	1681 (1681)	Wing L547; ESTC R9853	15,421	21

'till now in the County aforesaid and in the Town aforesaid and in other places in the said County the said Strifes Differences Contentions Brawlings Sults and Quarrellings amongst his said Neighbours and other the Leige Subjects of our said Lord the King hath often moved excited and stirred up to the great Disturbance Ruine Impoverishing and Dammage not only of his said Neighbours but also of the said Leige People and Subjects of our said Lord the King to the pernicious and evil Example of Delinquents in the like Case also against the Form of the Statutes in that Case made and provided and in Contempt of our said Soveraign Lord the King his Crown and Dignity c. But the said Counsel mumbling all this between his Teeth The Judg spoke to him in these Words viz. Mr. Smith You open the Cause well enough to my Understanding but you must speak out that the Jury may hear you and then he began again as well as he could and proceeded a little But Sir George Jeffreys presently took up the Argument and began to open it and expatiate upon it after his loud manner of declaiming and told a long Story of the heinousness of the Crime of Barretry so odious to the Law so inconsistent with the Peace of the Neighbourhood so unwarrantable in all Men more insufferable in a Minister of the Gospel of Peace such was the Defendant and the Crimes he was guilty of were great and many And quoth he if my Breviate do not fail me I will now expose before you the greatest Barreter that ever was heard off he has by extortion taken five Pounds and eight Shillings when but ten Shillings was Due in the Parish of St. Buttolph's in Colchester as Fees of his own Court as Surrogate under the Bishop in Colchester where note by the way the Modesty of the Man for of that 5 l. 8 s. instead of 10 s. the Defendant never had one Farthing nor any Body for him nor was one Farthing paid or demanded nor ever any such Cause brought before Mr. Hickeringill as Judg of the Ecclesiastical Court but the Cause was brought in the Bishop's Consistory-Court at London for very good cause nor durst Sir George Jeffreys ever all the whole Tryal or any other of the Counsel call it to Proof and to the Test but it served him to baul withal and to make a noise against the Defendant Then Sir George Jeffreys went on and told them of many other Crimes that the Defendant was Guilty of before any one Witness was call'd to prove any of the Crimes making a long and loud Harangue in which the Defendant interrupted him Saying Sir George Sir George Prosecute me in your Place with all the Vehemence and Passion that you are full of spare me not I neither require nor need your Favour but you have no Authority by vertue of your Fee to defame me with Stories and Untruths of your own devising prove something upon me To which Sir George reply'd with enraged Eyes staring with Passion What have you to do to interrupt me To which Mr. Hickeringill reply'd I will interrupt you when you transgress the bounds of Truth and Modesty you have no Authority nor can any Body give you Authority to abuse me Whereupon the Judg candidly reply'd in these Words Brother Brother when you touch a Man's Reputation you touch him in a tender Part I cannot blame a Man for being sensible of it prove something upon him and leave off your declaiming or Words to the like Effect Go on to your Proofs open no more than you can prove Note by the way That the Judg had with much ado given the Defendant leave to plead his own Cause and make his own Defence The Defendant alledging that he had not time to instruct his Counsel and tho he mov'd in the beginning of the last Term by Mr. Sampson Ward at the King's-Bench-Bar that the Judges there would be pleased to let the Defendant know the Particulars and Heads of the said Articles yet the Justices of the King's-Bench would not allow him more than one Fort-night before the Assizes to know the particular Crimes of which he was accused and to which he might prepare a Defence I know not for what Reasons but longer time would not be granted him and that time had been spent in preparing and bringing 20 Witnesses and in discharging his publick Duty as a Minister of the Gospel in his Rectory in Colchester which he neither did nor would neglect for any private Concern of his own And the Defendant alleged that the Articles against him were many and large and all the Actions of his Life good and bad for 15 Years last past rip'd up to make him appear a Common-Barreter and that the Breviate which the Defendant held then in his Hand was rather a Volumn than a Breviate and that since he had no Counsel that his Lordship would though it be great disadvantage for any Man to plead his own Cause and much more the Defendant that had no Skill no Practice no Ability in Pleading another Man's Cause yet that his Lordship would with Patience hear him make his own Defence our Law condemning no Man before it hear him and the Defendant alledging that it was his Birth-right to have his Lordship's Patience and an indifferent Hearing in making his own Defence To which his Lordship passionately reply'd in these very Words Your Birth-right Your Birth-right this I meet every where amongst these Men they tell me of their Birth-right their Birth-right and that they are Free-born English-men Yes my Lord reply'd the Defendant I say again my Birth right and if your Lordship will not permit me your Patience to hear my Defence then go on and hear but of one Ear I 'le not speak one Word more if you will not hear me with Patience I need no other Favour I have Innocence enough to protect me against the Skill and Eloquence of all the Counsellors against me and to defeat them all You are very confident replyed his Lordship I will give you a fair Hearing and so he did ever after that a tollerable Hearing But saith his Lordship to stop his Mouth and to silence his Plea of Innocence prove upon him some Article that may be Evidence of the Information begin with something you can prove Whereupon the Counsel skip't over the first eight Articles for that time and began with the ninth Article Namely Article 9. For maintaining divers Suits in another's Name against one Sadler his Servants and Agents and Tenants To prove this they produced one Lawrence that told a blind Story of a Covenant and sometimes he called it a Bond that one William Sadler made to the Defendant but not able to make any thing of it at last they produced one Mr. Thomas Earl an Attorney in Colchester who swore that there were Horses Lands and Tenements in Horkesley Magnâ that were in the quiet possession of one William Sadler for ten or twelve

said Parish of St. Peter to whom the same were due 14. That the Defendant being Surrogate did refuse to grant Administration of the Goods of one Peter Fromanteel to his Brother John Fromanteel altho the said John did tender sufficient Securities according to the late Act for the due execution thereof but did grant Administration to one John Rayner and did encourage the said John Rayner to break open the House of the said John Fromanteel and incited and procured the said John Rayner to bring Actions against the said John Fromanteel and maintaining the same by reason whereof the said John Fromanteel was forced to desist prosecuting in his just Title any farther for obtaining the said Administration by reason of the great Charge 15. For stirring up divers Freemen of Colchester to remove Sir John Shaw out of the Office of Recordership without any just cause in making and causing Tumults and great Hubbubs in Colchester upon that account 16. For procuring of Mrs Quilter falsly to deny upon her Oath the Receipt of three pounds for Gravel 17. For causing the Wife of Mr. Sidey to be arrested being a Feme-Covert at the Suit of his Son an Infant and detained her in Custody for four days altho he knew she was a Feme-Cov●rt and her Husband living and altho she proffered an appearance for her self he the said Hickeringill having promised to save the Bayliff harmless for so doing the Bayliff being after arrested for detaining her and coming to Hickeringill he refused to save him harmless according as he had promised but bid him take his course for he was protected by three Lords 18. For bringing a vexations Action against Mr. Thompson Clerk upon the Statute of Non-residence without any just Cause in which Action he became non-suit or found for the Defendant 19. For the procuring a Person to personate the Church-warden in the Parish of Wix in the County of Essex and to join with him in the sale of the Bells belonging to the said Church 20. For threatning to ruine by suit of Law several Inhabitants of the Parish of Wix if they offered to set out their Tithes in kind and would not compound with him according to his own Rates thereby extorting great sums of Money from them 21. For taking upon him to give Counsel and Advice to People in Matters of Law and for taking of Fees as Tho. Shortland Daniel Howler and Widdow Lamb and other People on purpose to stir up contentious Suits and in order to carry on his Designs he hath told People he was a Barrester at Law standing in Gray's-Inn and could give as good Advice as any Counsel 22. For writing two Scandalous and Seditious Books entituled the Naked Truth and Gregory Gray-beard the Contents of which said Books are on purpose to stir up and animate his Majesty's Leige People to slight the Bishops and contemn the Government and cause Strife Contention and Sedition 23. That he knowing that Mr. Harris was Vicar of Fingrin●● in Essex and rightly entituled to the small Tithes and being also duly made Sequestrator of the profits to the Churches of St. Leonards and St. Buttolph's in Colchester Nevertheless he the said Hickeringill hath stirred up and forwarned several of the Parishioners of the said Parishes not to pay any of the Dues to the said Harris on purpose to stir up contentious Suits between the said Harris and his Parishioners and further promised the present Tenant in the Parsonage-House of the Parish of St. Leonards to save him harmless if he would not deliver the Possession to the said Harris altho the said Hickeringill hath no manner of Title or pretence of Title to the same 24. For vexatiously bringing and maintaining several Actions at Law against John Bridg and one James Sidey about certain Lands in Dedham in Essex Issue Not Guilty On Thursday the 3d of March 1680. in the Afternoon about two of the Clock the Tryal began and continued 'till after Candle-Lighting THe Jury return'd was a very Honourable One the like seldom or never seen on such an occasion which was the greatest Honour and Favour if not the only one in the whole Tryal and Proceeding granted to the Defendant Juries are the great Birth right and one of the greatest Priviledges except a Parliament belonging to an English-man what would become of us our Lives our Liberties our Properties our Honour our Reputations or Lively-hoods and Estates if Rage and Malice Passion and Prejudice when got into Power and upon the Bench might have its Will and bear an Arbitrary Sway Happy English-Men If they will stick to their Liberties and stand up for their Native-Rights that cost our fore-Fathers so much Blood to defend and transmit to us their Posterity And unhappy Sycophants and Slaves Wretches not worth a Name that would be Instrumental to defear us and make a mock of our Birth-Rights But the Truth is the Defendant was allowed the Benefit of Magna Charta he had not his Cause tryed by ordinary and common Jury-Men but as the Law requires by lawful Judgement of his Peers The Names of the Juror's return'd as follows Essex Com. Inter Dominum Rege● Edmundum Hickeringill Clericum 1. Richardus Everard de Waltham magnâ Miles Baronet 2. More●● Guyon de Cogg●shall magnâ Miles 3. Cuthbertus Martin de Nettelswell Armiger 4. Richardus Godbold de Borcham Ar. 5. Willielmus Maynard de Waltham-Stow Ar. 6. Johannes Marshal de Finchingfield Ar. 7. Willielmus Clapton de List●n Ar. 8. Johannes Tendring de Baddow magnâ Ar. 9. Henricus Pascall de eadem Ar. 10. Thomas Smith de Blackmore Ar. 11. Alexander Prescot de Mountnessing Ar. 12. Willielmus Peant de eadem Ar. 13. Richurdus How de Ingate-Stone Ar. 14. Thomas Reeve de West-Hamingfield Ar. 15. Henricus Humpbneys de eadem Gent. 16. Samuel Whitebread de Baddow magnâ Gen. 17. Willielmus Puckridge de Westham Gen. 18. Willielmus Wiseman de Pateswick Gen. 19. Johannes Everley de eadem Gen. 20. Andreas Prest●●y de eadem Gen. 21. Robertus Alderman de Daggenham Gen. 22. Johannes Nicolls de Danbury Gen. 23. Robertus Kerrington de Boreley Gen. Et 24. Thomas Turner de Fearing Gen. Eleven only of the Pannel appeared to which was added a Tales Which being Empannel'd and Sworn The Defendant Mr Hickeringill was call'd who appear'd in propriâ Personâ Then a Junior-Counsel began to open the Information saying I am of Counsel in this Cause for our Soveraign Lord the King in an Information of Barretry brought against the Defendant Edmund Hickeringill of the Town of Colchester in the County of Essex Clerk for being a common-Barreter and a dayly and common Disturber of the Peace of our Lord the King and also a Brawler a Fighter a Calumniator and an Oppressor of his Neighbours and a Sower of Strife and Contention amongst his quiet Neighbours and amongst the People of this Kingdom of England so that the said Edmund Hickeringill at the time of the Information brought and

Years and that he together with the Mother of the Son and Heir of one Peter Sadler did perswade the Tenant of the Premises to turn Tenant to the said Widow in the right of her said Son which the Tenant did knowing or believing it to be right and just and that there was afterwards an admittance of the said Heir to the said Lands being Copy-hold by the Lord of the Mannor and 25 l. paid down in Court for a Fine in part and 15 l. more was to be paid in full and that there was a Tryal at the Assizes for the said Land and the Right was found to be in the said Widow and her Son who enjoy the Premises to this day Whereupon the Judg in much indignation interrupting him said What is all this to the Matter in hand charged against the Defendant Mr. Hickeringill Did he perswade you to take possession Earl replied He could not say that but he believed Mr. Hickeringill had some Mony of the Widow Sadler but he had almost forgot how much or for what the Mony was paid unto him Then the Counsel for the King produc'd a Receipt of 15 l. under Mr. Hickeringill's own hand which was read namely for part of the Fine due as aforesaid to the Lord of the Mannor for a Fine for the said Copy-hold-Lands which put the Judg again into a Fret that they should make such a-do and Circumstance for nothing and thereupon the Judg bid them go to some other Article if they could thereby prove that the Defendant had done some Dammage according to the Information or Detriment or Injury by way of Maintenance or Barretry to any of the King's Liege People A heavy Toss there was then amongst the King's Counsel which Article of the 24 to insist upon to make good their grievous Charge and some named the 23 some the 18 some the 13 at last with much a-do it was agreed to urge the 10 th Article which they did and called their Witnesses thereunto but so unsuccessfully that the Cause began to cool and they were all at a loss which Article should next be improv'd to prove the Charge For they produc'd to prove this a Fellow that could make a demure long Prayer as well as a thumping false Oath one John Wheely of the Town of Colchester Brazier in the Article mentioned and he swore home or as we say through an Inch-board against Records swearing That he had had divers Suits at Law for the Premises with the said Mary Living in the Article mentioned and he always got the better of her and recovered both at Common-Law and in Chancery What 's this to the purpose said the Judg Did the Defendant bear the Charges of the Suit by Maintenance to have part of the same when recovered No quoth Wheely I cannot say that but only that he once gave me a Subpoena out of Chancery where she was Plantiff against me What said the Judg to the Counsel are these your Witnesses to prove Barretry against Mr. Hickeringill only for delivering a Subpoena for shame go on to something that may stick upon him Whereupon the Defendant produc'd an Exemplification under the King 's Broad Seal of England to prove that the said Wheely was a perjur'd Wretch in Swearing that he always recover'd and got the better of the said Mary Living at Common-Law and Chancery for the Premises whereas in truth the said Mary Living had a Verdict against the said Wheely for the Premises at the Assizes for the County of Essex before Judg Keeling John Robinson Attorney for the said Mary Living Plantiff Lessor and one Richard Tiplacts Plantiff Lessee in Ejectment and Attorney for the said John Wheeley Thomas Ruse of Colchester the Exemplification beginning Carolus Secundus c. and concluding J. Vaughan apud Westm 30. Novembris Anno Regni Regis vicessimo primo Wyrley But the Judg said there was no occasion for reading it at that time for Wheely had swore nothing of harm that the Defendant had done for in the first Instance Article 9. all that could be gathered was rather to the honour of the Defendant in helping an Infant and an Orphan to an Estate of which she was unjustly deprived and now in endeavouring to help a Widow to an Estate that once she recover'd and had a Verdict for and very angrily took up the King's Counsel and bid them go to something that might stop the Defendants Plea of his Innocence for the Defendant all the while with chearful Countenance smil'd to see them so angry and passionate one with another in keeping such a-do for nothing After a great puther it was unanimously agreed by all the Learned Counsel that the twelfth Article should next be urg'd and to prove it they brought two Bum-Bayliffs Thomas Martin and John Groom of Colchester Rascals that be too much honour'd by naming of them but the mischief was they were too hot in their mettle and swore too home for they swore that the Defendant granted an Administration to Thomas Shortland in the Article mentioned being Surrogate of the Court but that also he refused to grant the same till Shortland had first entred into Bond to pay him twenty Guinies These Fellows did the Business for which they came and disgrace enough it was to the Defendant to take 21 l. 10 s. for an Administration when in the Naked-Truth he finds such fault in the Registers for taking so many Shillings for an Administration Great hopes and jollity there was in the whole Court when these pregnant Testimonies were produc'd which were thought unanswerable and the Judg demanded of the Defendant What he could say for himself The Defendant answered That if he did take such a mighty Bribe it might be Extortion but yet not Barretry Secondly That it was impossible but that the Fellows were perjur'd for if the Defendant Mr. Hickeringill did never grant any Administration to Shortland nor that Shortland ever had any Administration either from the Defendant or any other Judges of any Ecclesiastical Court in all the Diocess of London then it was impossible that he should take a Bribe or commit Extortion in granting what was never granted But to that the Fellows swore one of them said the brought he Seal and the other swore he saw such an Administration Then to prove them perjur'd the last Will of Thomas Shortland was immediately produc'd by the Defendant and read and the Executors being Quakers revoking the Executorship an Administration with the Will annext was granted in the Prerogative-Court of Canterbury under the Name and Seal of Gilbert late Arch-Bishop of Canterbury and where the same ought to be granted it being a Prerogative-Case and a Court where Mr. Hickeringill had no more Power Authority or Concern than any other Man in England signed Marcus Cottle Registarius and beginning with these words Gilbertus Providentia Divinâ Cant. Archiepiscopus totius Angliae Primas Metropolitanus Dilecto nobis in Christo Thomae Shortland Filio naturali