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

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and desired their restauration and surely they better understood their Ecclesiastical Jurisdiction in those days than this Archdeacon can possibly at this distance in these days Lastly The Temporal as well as Spiritual Courts are enabled by 24. Henry 8.12 to determine the controversies in this Realm without Appeals and yet none of them take upon them to Sit without the Kings special Commission and Authority except petty-Hundred-Courts c. which are Common-Law-Courts but so are not the Ecclesiastical at best further than Ecclesiastical matters may still by the Common Law be tryed before the Lord of the Hundred or his Steward and the Freeholders and the Bishop also and Archdeacon may be suffered to come into the Room but whether they may come in without knocking or must sit or stand be covered or uncovered when they come there by the Common Law it seems it is not by our D. D. the great Common Lawyer as yet determined And therefore it is much better for the Archdeacon at least much more proper for him to leave these doubtful matters as whether 1 Edward 6.2 be now in force and how far and to what Commissioners the 13 Car. 2.12 does extend wherein the Author of the Naked Truth would not peremptorily assert any thing to the decision of a Parliament or wiser heads than his own Then in Chap. 3. Sect. 2. the D. D. tells of another Statute 31 Henry 8.3 and cites the words but most egregiously false there is not one such clause in 31 H. 8.3 But if there were as perhaps I will not deny something to that purpose in another Statute that Archbishops Bishops c. may wear the Tokens and Ensigns and Ceremonies of their Order and whilst they do nothing but what to their Office and Order does appertain no body will trouble themselves about them And more false also is what he would make 25 Henry 8.19 speak as though by that Statute the Convocation hath power reserved by the same Act of making new Canons provided the Convocation be called by the Kings Writ and have the Royal assent and License to make promulgate and execute such Canons If this be true I do not know but the Lambeth-Canons exploded and condemned by Act of Parliament and those of King James are all Statute-Law for the Convocation that made them were called by the Kings Writ and they were confirmed also by the Royal assent In a matter of this consequence let us turn to the Statute and trust our Archdeacon henceforward no further than our own knowledg That of 25. Henry 8.19 begins thus The Title The Clergy in their Convocation shall enact no Constitutions without the Kings assent And as the Title so the body of the Act Where the Kings humble and obedient subjects the Clergy of this Realm c. promise in verbo Sacerdoti that they will never presume to attempt premulge or execute any new Canons c. unless the Kings Royal Assent and License be to them had to make promulge and execute the same Now is this D. D. an honest man when the Statute only binds them to good behaviour namely not to presume without the Royal assent but does not enable them to make any new though they have the Royal Assent False also most impudently false is his next quotation of a Statute 37 Henry 8.16 But if he mean 37 Henry 8.17 still it is false either through Imprudence or unparellel'd Impudence for there is not one word to the matter in question but the whole Statute is only a License to Marry a License for civil Lawyers to Marry and that though they be Marryed yet that shall not make them uncapable of being Commissaries Chancellors or Vicar-generals or Officials but does not create or constitute any Ecclesiastical Jurisdiction or Courts to put them in Indeed the said 37 Henry 8.17 is a clear and evident explanation of the 25 Henry 8.18 that thereby the King and Parliament did look upon all Ecclesiastical Canons Ordinances and Constitutions formerly made to be null and void and repealed and of no effect by the said 25 Henry 8.18 saying that the Bishop of Rome and his adherents minding utterly as much as in him lay to abolish obscure and delete such power given by God to the Princes of the earth whereby they might gather and get to themselves the government and rule of the world have in their Councils and Synods Provincial made divers Ordinances and Constitutions And albeit the said Decrees Ordinances and Constitutions by a Statute made 25 Henry 8. be utterly abolished frustrate and 1. By this it is evident that as the King Pope and Bishops had all work enough to look to themselves and that King Henry and his Parliament and Bishops were still Popish so if the Spiritual Courts had any Jurisdiction yet they had none but by way of Parenthesis in the said Statute of Appeals 2. And that only in causes Testamentary Marriage or Divorce Tithes or Oblations 3. And to Judg of these and determine was impossible because they had no Canons Decrees nor Laws Ecclesiastical by which to Judg and determine of them 4. And therefore Mr. Archdeacon though by what has been said your Official might keep Spiritual Courts although he were Married so also he might keep Spiritual Courts although he did nothing but whistle there all the while or throw stones at all that came near him for Sentences and Decrees cannot be made but according to a Canon Law or Rule and Canons there were none in force at that time in the said Judgment of the House of Commons And therefore though you had never so much Authority and Commission for keeping your beloved Courts what 's that to the Naked Truth Have you any Commissions for Extortions in Probate of Wills for illegal Extortions of Money for Citations Licenses to Preach Institutions Inductions Sequestrations Synodals Procurations Money from Church-Wardens Commutations Visitations to confute which is the great import of the Naked Truth and you have not one word in your Leges Angliae to say for them or for your selves or to justifie by whose or by what Commission or by what Canons you act and proceed It is a most dangerous and fatal thing sure for a man to think as the Papists do think in these days whereas I thought a man might have believed that Jesus Christ is the Son of God and a thousand things more that the Papists believe and yet keep out of harms way But no our desperate D. D. has p. 22. got Mr. Hsckeringill upon the Hip again and gores him too with one of the unavoidable Horns of the sharpest of Arguments a Dilemma in these words namely I leave it to Mr. Hickeringill himself for if he think that that Convocation namely in Queen Marys Reign spake that which was not true he hath said nothing to the purpose so his business is done that way But if he think they did speak truth then he thinks that the Jurisdiction of the Church
A VINDICATION OF The Naked Truth THE SECOND PART AGAINST THE TRIVIAL OBJECTIONS and EXCEPTIONS Of one FULLWOOD Stiling himself D. D. Archdeacon of Totnes in Devonshire IN A LIBELLING PAMPHLET WITH A BULKY and IMBOSS'D TITLE Calling it LEGES ANGLIAE Or The LAWFULNESS of Ecclesiastical Jurisdiction IN The Church of England IN Answer to Mr. Hickeringill's Naked Truth the Second Part. By PHIL. HICKERINGILL LONDON Printed for Richard Janeway in Queens-bead-Alley in Pater-noster Row 1681. THE EPISTLE TO THE READERS IN the dayes of Solomon it was certainly true That of making many Books there is no end Eccles 12.12 what is it then in our dayes and since this Germane Engine and Invention of Printing is now so much Improv'd and Misimprov'd Books seeming to engender one another like those Genets of Spain the Offspring of every windy and Hypochondrick Vapour I that love my Pleasure and mine Ease so much would now for ever take my leave and last Farewell of the Press if I could with a safe Conscience connive at the Insolence and empty windy Vapours of this Huffing man whose flatulent Bluster has Begot or rather Ravish'd from me this following Answer and just Reproof To say nothing of his Insufferable and vainglorious Petulancy in styling his Railing Libel Leges Angliae The Laws of England too bulky to be compriz'd in his little Noddle and little Scribble I know full well that this Vindication is needless to all Considering and Understanding men who have already nauseated the Trifling entertainment found in the Archdeacons Pamphlet The Frustration being so much the more enhanc'd by the Promises and idle Invitations of the specious Frontispiece and staring Title Leges Angliae of his thin futile and cobweb Contextures and Composures and they will certainly judge this Vindication as unnecessary as unworthy any solid Pen But all men are not Criticks though his Mistakes are obvious and thick enough And doubtless He will miss of his End and Aim in every thing but one namely of thinking thus to be taken notice of for daring with such decrepid force to grapple with the Naked Truth Thus purchasing indeed a Name and Fame but with such Infamy as makes him a Scandal even to Archdeacons and to all the D. D's of his little way A Vindication of the NAKED-TRVTH The Second Part In Answer to a Libell called Leges Angliae or the Lawfulness of Ecclesiastical Jurisdiction in the Church of England NO man who has read the Book called the Naked Truth the 2d part and compared it with the pretended answer of Mr. Fullwood can imagine that ever the Gentleman read the Book which he threatens to Answer For many of the main Passages therein he touches not at all nay against the numerous and pregnant Testimonies from undoubted Law-Books Civil Cannon Common and Statute Laws Equity Reason and Conscience against Procurations Sequestrations Synodals and Visitations c. To Vindicate the lawfulness whereof above all other things it behov'd an Archdeacon to bestirr himself to make Answer unto he produces not one Reason or Argument except the Statute of 15 Hen. 8. C. 7. which is only for Synodals and Proxies to be granted from dissolved-Monastries and not one word therein to vouch that unconscionable bougling of the richer Dignitories in preying upon the poor Vicars and Rectors and the Inferiour Clergy and going snipps with them in all the Benefits in the Kingdom shearing the Fleece of every flock though they mind not at all the cure thereof And for which they are smartly enough Chastiz'd in Naked Truth Quaer 3d. But I 'le do him right and not o'reslip the least Tittle of his Arguments which I wish were stronger nor do I contend for Victory but for Truth I am oblieged to Track his Methods and must therefore begin with the Frontispiece a stately but most unproportionable Porch to such a Crazy and rotten Fabrick that only stands upon Crotches and Crotchets and if it were not for the little Sentences of Greek and Latine to unriddle the Hieroglyphick it would be as Dark Mysterious and Unintelligible as was of Old Those of the Aegytians or as the Primitive painting whose Pens were glad to Surrogate to their Pencels and write This is a Cock and This a Bull. At the Base of his Cathedral lyes a Wench in black or Mourning Apparel with a Cross upon her He makes her weep too and make a face as if she had lost her Maidenhead her Purity her Virginity and what would Disconsolate say if it could speak For my part I 'le have nothing to do with her for he cannot with any face make her to lye there as a Purtraiture of the present Church of England for In nomine Domini In the name of goodness what would those D. Ds. and Archds. be at Have they not all the Sway Power Dominion Honours Mannors and Preferments in the greatest Courts and Councels of the Nation Surely they will be asham'd to put singer in the eye and cry In the name of God I say what would these men be at what would they have And what do they want to keep a wawling and weeping and wailing what never satisfied never glutted The Papists indeed are crost of their Plots blessed be God but the Prelates have as yet no Cross upon them therefore I 'le not offer to guess what Mother he means that lyes weeping there under the Cross nor do I care I am sure she is none of my Mother be she what she will Upon the Pinacle of this Church of England sits a Pelican most kindly pecking and piercing her Breast to suckle her young with her dear hearts Blood and he makes her speak Latine too Proprio vos sanguine Posco Whereby he seems to Insinuate that this kind Pelican his Prelatical little Church has nourisht Mr. Hickeringill with her dearest and most precious Treasures her very Hearts-blood such he takes her best Preferments to be and indeed some men had as leeve part with their heart-blood as their flush Ecclesiastical Promotions calling him in his Epistle to the Reader A Divine of the Church of England who hath also a share in her Government And yet this He this ungrateful He that has suckt her very Heart-blood and got her nearest and dearest blessings she having taken him up on to the Bench and given him a share in her Government for him thus now to flye in her face nay most ungratefully and slovenly to spue up and nauseate all this Heart-blood those dear dear Procurations Synodals Visitations c. dear as the very heart-blood and to throw them up nay at the face of this kind Pelican Oh temporibus Moribus By all these Emblems I now perceive that this same Archdeacon knows not Mr. Hickeringill no more then he is willing to understand his Book for the Mother he speaks of has been always a Step-mother to the Author of the Naked Truth and he never had any thing of her but Frowns and Blows at best but a
of England as derived from the King according to the Statute of Edw. 6. or in Hen. 8's time was no lawful Jurisdiction that is Mr. Hickeringill thinks as the Papists think War hawk again Mr. Hickeringill and a Premunire too Let him even pick and chuse I see there 's no escaping yield or dye there 's no fence against a Crambee-Pun and Quibble the second assault is always irresistible And yet this Joke is not so witty as it is sharp and poynant insinuating that Mr. Hickeringill's opinion is a Popish opinion so in plain English he says before Chap. 2. Sect. 2. In these words Thus our ancient Ecclesiastical Governours and Laws depended upon the Crown and not upon the Pope by the Laws of England and in the Judgment of all the States of the Kingdom before H. 8. and so did also the execution of those Laws by those Governours in the same publick Judgment All this is true and the very Naked Truth in other words varyed And what of all this listen a little better than Mr. Hickeringill 's Popish opinion And why I pray Mr. Archdeacon why this unsanctified Epithete of Popish To vindicate in the words of the ingenious Hudribas When you at any thing would rail Then you make Popery the Scale To take the height on 't and explain To what degree it is prophane Well look to thy hits D. D. for all the corps of thy Archdeaconry together with the Extortion money in Visitations Synodals and Procurations will not be able to pay the damages that you and your Bookseller Royston are like to undergo forfeit and pay for bringing that scandalous imputation of Popery so often in your Book against Mr. Hickeringill who though he has not much Ecclesiastical Emoluments to lose thereby if the imputation be true yet he pays the King Assessments and finds Arms for above 200. l. per annum temporal estate of inheritance a third part whereof besides other mischiefs are forfeit if you can prove him a Papist and if you cannot 't is fit that on the Gallows which was set up for innocent Mordecai that wicked Haman should be hang'd thereon and the mischief which you wickedly design'd against him 't is but just it should fall upon your own Pate and that you and your Bookseller should for the Libel fall into the same Pit which you have in malice and wickedness digged for the innocent Alas you do not know Mr. Hickeringill the man you scandalize in time he 'l make you know him better I dare assure ye as he has and will do to some others such railers lyars and slanderers as your selves sure Mr. Archdeacon you do not say your Prayers you do not sure say your Litany D. D. But all your provocations cannot make Mr. Hickeringill render you railing for railing the wonted attacks of effeminate and doting old men The Author of the Naked Truth is so much against the Popes Supremacy and all other Religious Bigots that some think as does this Archdeacon that he gives the King too many even all the Keys of the Church For 't is undoubtedly true that the Crown of this Realm of England is and has been before H. 8. Imperial that is de jure not de facto thanks to the wicked Usurper the Pope and his Legates like that Paudolfus who in huffing pride set his Ecclesiastical foot upon this Imperial Crown in King John's time or like those Popes that made the Emperors themselves hold their Stirrups This ought not to have been done it was not de jure it was commonly de facto done before H. 8ths time and thus with his Quixot-chivalry he assaults the Windmills set up by his own brains like boys that set up their Shrovetide-Cocks only to throw at and busy themselves As for example Chap. 2. Sect. 3. he says the Statutes grant Consultations and Appeals into Chancery from the Spiritual Courts 'T is true but what then it only supposes that the Spiritual Courts meddle with those appealable Causes as Matrimony Tythes c. which are but very few And whereas he says the Bishops may deprive and have Statute-Law for so doing 't is false they have indeed power by 1 H. 7.4 to commit a Minister that has committed Incest or Fornication to the Gaol but for no other offence and that Statute was made upon force when the Laity durst not meddle with a Clergy-man though a muderer without consent of his Ordinary However the Clergy then were so goatish numerous and high-fed that no man could keep his wife or daughters from those lazy and bucksome Abby-Lubbers and so let the Bishops still for Incontinency send the Delinquent to Gaol but I thank you no such matter Incontinency is now as modish and fashionable a sin as ever I have known Two or Three notorious Whoremasters Ministers in Essex convict but they scap'd the Gaol and one of them a Scotch-man that had two Bastards in one year got a Pardon The sin of Adultery and Fornication is a filthy and abominable sin in all men especially in Divines but as long as it is the Mode it will sind great Patrons to countenance and abet it sweet-lips cannot forbear so sweet a sin No body denies but Procurations Synodals Robbing by the High-way Visitations and Picking of Pockets in spight of Laws Canons and Decrees of Holy-Church to the contrary in spight of Equity and Conscience in spight of Mercy Pity and Compassion has been in times of Prelacy in spight of Christs command and the Apostles command not to wrong men for filthy lucres sake has been I say an old and ancient practise and indeed in the days of Popish Prelacy and the High Commission they did what they list who durst controul or gainsay But now that Popish Prelacy and the High Commission are null'd and made void and all their Ecclesiastical Jurisdiction so precarious and no authority for their Procurations and Synodals no authority to call Church-Wardens and Ministers before them to a great Town and Tavern no authority for such Visitations much less to demand money for the same no authority neither to demand money in Ecclesiatim-Visitations and yet they will have six shilling and eight pence ready money and visit Twenty Churches in a day a very special Trade They will not be put off with a little Victuals Bread and Cheese or Pottage no these Ecclesiastical fellows are high fed And truly to spoil all their Courts though they had never so lawful an authority let but the people follow this following advice and you will not long be troubled with them Namely When the Minister and Church-Wardens are cited to come to a Visitation at a great Town and there is a great Tavern take no notice of it refuse to be hurried from your business your families and your homes against Law let them proceed against you as far as they dare if they excommunicate you for contempt a good Action of the case lies against them for there is neither Statute-Law nor
Authority of Ecclesiastical-Courts can or does consist or subsist or who gave them the Authority they pretend to not the Pope as of Old not the Common-Law I am sure nor can possibly the Canon-Law or Statute-Law 13. Grant they have Authority It is but in Three or Four particulars Causes Testamentary Matrimonial Tythes and for neglecting to come to Divine-Service by 1 Eliz. 2. or at most but those Ten Things in 5. Eliz. 23. de excommunicato capiendo enumerated what 's this to justify their great extortions in Probates of wills and Administrations and their illegal Proving the same and keeping Men's Wills contrary to that Statute What 's this to Justify the Force of any Canons at this Day Or who made them Laws of England without a Parliament What 's this to Justify the Pilling and Polling the Church-wardens and the inferior Clergy by Procurations Articles of Visitation Oaths Arbitrarily imposed upon them both for Canonical Obedience What 's all this to their great Business in Visitations and Court-keeping namely The Money-Business And lastly what a shamefull thing it is to Impose upon the consciences of the Clergy an c Oath of canonical obedience condemn'd by Act of Parliament in condemning the canons of 1640. in 13 car 2.12 What Insolence for a Bishop to commend the observation of those Canons which the King and Parliament have condemn'd by Statute Quer. What punishment do such Incurr and for Imposing Oaths upon Church-Wardens to enquire into the breach of such late Canon's which cannot be possibly the Laws of England if made since the dayes of King Henry the 8th Their shamefull and illegal extortions are a Thousand times more sufferable and pardonable than these Arbitrary Impositions of Oaths to torture and rack men's conscienees if not to precipitate them into Purjury nay except God be more mercifull than they eternal damnation making men swear Stare mandatis Ecclesiae to obey the commands of the Church and to obey his Majesties Laws Ecclesiastical when it is not defined what or where these Ecclesiastical Laws are the wisest of them all will not cannot dare not tell nor determine I 'le bid this Arch Deacon farewell with the same complement he passes upon Mr. Hickeringil in his last words bidding him not be wiser than the Law If this D. D. had not been wiser than the Law he had not writ such a thin discourse and yet face it with a Bulky and Imbost-Title stiling it Leges Angliae If the Spiritual Court keepers were not wiser than the Law they would first prove their Courts Legal their Canons Legal their Fees Legal their Extortions and Impositions of Oaths upon the consciences of the King's Subjects Legal Nor write I this to weaken their Authority but that it may if it seem good to the King and Parliament prove Instrumental to give them a just Authority and a true face of Power and also limit their Exorbitances There 's no wise man nor good man that favours Anarchy The Kings Throne which God long preserve is establish't by Justice and Law and 't is the Peoples Happiness to be governed and guided by honest Laws not Arbitrary Canons Impositions and Methods but such as are of the right English Make and Temper enacted by King and Parliament And I dare justify That there is nothing in the Naked-Truth but what is good for the Clergy as well as the Laity if they will lay aside Prejudice and Pertinacy Pride and Covetousness Finally for I am heartily weary of the Company of this same Totnes-Arch-Deacon and with conversing thus long with such an impertinent D. D. that has not his fellow among them all for Insolence and Impudence in defaming and belying a Gentleman he never saw nor knows any harm by except perhaps from malice that never speaks well and seldom speaks true or from fame which was a lyar of old and long before ever there was an Arch-Deacon heard of in Christendom And now at length to make Mr. Hickeringil the Common odium nothing will serve but to make him a Papist a Hobbist c. when all his Enemies that know him have not effrontery to deny but that he has more Loyalty than to be a Papist more Conscience than to be a Simonist though an Arch-Deaconry of Totnes might be put into the bargain and Seal more Honour and Ingenuity than to be a Parasite more Reason than to be an Atheist more Religion than to be an Hobbist and more Honesty and Plain-dealing than to be Well-Beloved in a Dissembling Age of Sycophantry But after all this bespattering Language how inhumane it is in an Arch-Deacon and a D. D. so unmercifully to attacque Mr. Hickeringill with Pun and quibble a persecution beyond the plague of Barbers in an Itchy endeavour to be witty forsooth in despite of Nature and his Stars who have all entred sufficient Caveats against it Then for the Serious part if there be such a part in his Idle Pamphlet Is it not Quixolisme beyond the relief of Hellebore to stile his Insignificant babling Leges Angliae Make Bonefires of your Cook your Littleton your Crook Dyer Statute-Books and Common Law-Books for behold here in thrifty Querpo Leges Angliae the Laws of England price 8 d. Nor less madness is it in him or more Idle vapour than to appear thus publiquely upon the Stage as the chavalier or champion of Mother-Church in answer to Mr. Hickeringil's naked-Naked-Truth when he only tickles over the Skirts of the business and sayes not one word in answer to the main drift and design of the naked-Naked-Truth namely in answer or vindication of the Canons Authority to keep Eclesiastical Courts or to impose Oaths of Canonical Obedience upon the Clergy or to impose Oaths upon the Church-Wardens nor one word does he say to vindicate their unjust and unconscionable Impositions and Extortions upon the Clergy in Procurations Institutions Licenses to Preach Ordinations Inductions Sinodals Visitations c. and yet most Impudently stiles his Book An Answer to Mr. Hickeringill c. Nor does that Statute 25. Hen. 8. give any Authority to Arch-Bishops or Bishops to keep Ecclesiastical courts or jurisdiction except such as was then practis'd when the Statute was made namely Popish Courts Popish Articles of Visitation Popish Habits and Palls and to be worn by Popish Arch-Bishops and Bishops But we have none now You know Hen. 8. that made that statute liv'd and dy'd a papist as aforesaid But what is that Statute however to justify your Arch-Deacon's Courts that Spiritual creature is not Nam'd in 25. Hen. 8. Well come Mr. Arch-Deacon Friends must part I 'le even bid you far-well and shake hands with you in hopes never to meet with you again but because I am in your debt for that witless Quible Hobby War-Hawk I 'le pay you Quid Pro Quo in the same coyne namely an Anagram for your Pun and Quibble nay an Anagram as Silly if possible as your Quible War-Hawk Fra-Fulwood Anagram War-dul-Fool THus has it cost me some pains the Labour of Six dayes not Seven dayes I protest to answer the Six Months Abortive Throwes of a sibling quibbling fribling fumbling Arch-Deacon And 't is enough at least as much as is needful and more than I could well afford upon so despicable an Opponent besides a subtle Anagram franckly vouchfaf't to him and ex abundanti liberally thrown and given him into the bargain To teach his costive-wit more Sobriety than to attacque the Naked-Truth only with Impertinencies and Pun and Quibble In his next attempt when peradventure he makes a second adventure Which not I so much as the the Booksellers greedily expect from him or rather some more modest more solid and better accounted champion of the Kirk's But enough I say at present not only because I am in haste and have other more Important affairs in hand than to spend much time with such a Scribling D. D. but chiefly because the Naked-Truth is Luscious too much at a time is apt to Glut and Nauseate to eat much Honey is not good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Husband-Man with wary Hand Not with whole Sack-fulls Sowes the Land But Thriftily contrives his Gain By Handfuls Husbanding the Grain FINIS London Printed for R. Janèway in Queens-Head Alley in Pater-Noster-Row