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A43611 The black non-conformist, discover'd in more naked truth proving, that excommunication, confirmation, the two great Episcopal appurtenances & diocesan bishops, are not (as now in use) of divine, but human make and shape, and that not only some lay-men, but all the keen-cringing clergy are non-conformists ... : also a libel, and answer (thereunto) fitted to every man's case (be it what it will) that is cited to ecclesiastical courts, whose shallow foundation is unbared, and a true table of ecclesiastical court fees, as it was return'd into the star-chamber, Anno Domini 1630, by the ecclesiastical fellows themselves, and compar'd with the statutes : also concerning the unlawfulness of granting licences to marry, Quakers-marriages, folly, as well as other evil consequences of that new law-maxim, viz. that no non-conformists ought to be jury-men : shewing also, that, religion, religion, that should have been the world's great blessing, is become the plague of mankind, and the curse of Christendom ... / by Edm. Hickeringill ... Hickeringill, Edmund, 1631-1708. 1682 (1682) Wing H1797; ESTC R22899 136,499 106

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Grandeur of a 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 fetch 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 Barretry 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 Bishop 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 whil●st 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