the said Parish not once since June last but hired out himself a Curate in London under Dr. Grove to this day so that the Defendants said Parish of which he is Patron is miserably abus'd the Cure deserted the Flock neglected the Fleece only expected and neither His Majesties Tenths paid nor the Vicaridge disburthen'd thereof for the payment of which Tenths to His Majesty this Defendant desires this Court to sequester the Profits and better provide for the Cure both which the Bishop of London the said Promoter neglects to do so that great harm but no good is done by this Interruption and Fingringhoe has also cause to say Seldom comes a better Nor is it any great additional Honour to the Pastoral Staff that pretends a whole Diocess to be its Flock Cure and Charge even of All the Souls therein a pretty great burden and weight for a single shoulder that not satisfied to be well paid for sitting still must be doing and medling though it had much better do nothing than do mischief and harm 'T is well the Archbishop is the Bishop of Bishops and as much superior and elevated above the common or ordinary Bishop as a Bishop above the little Presbyters And 't is proper in this Case to let the Archbishop know that he may take notice and correct the neglect of the said Promoter the said Bishop of London in neglecting to collect His Majesties Arrearages of the Tenths aforesaid due from the said Harris the said little Vicar of Fingringhoe and his sin of omission in neglecting personally to demand the said great Arrearages of Tenths of the said Harris when he has as he has frequently met with him or upon refusal and non-payment to have declared the said Vicaridge ipso facto void of the said Incumbent as if he was dead as is enjoined by and in the said Statute 23 H. 8. That so the Patron might present a better man and the neglect of His Majesties said Revenue be no longer conniv'd and wink'd at nor the Cure of Souls in Fingringhoe aforesaid be so neglected and abandoned and much worse provided for by the said Bishop the Promoter in this Case than ever Whil'st there is none to Administer the Holy Sacraments there nor to Baptize or Catechize their Children Bury the Dead Read Divine Service nay nor so much as a Sermon read by the said Curate Harris or rather Reader for he can do nothing else but read whil'st the honest Parishioners have cause to bewail these Contrivances and bemoan the fruits of this Discord that whil'st the said Promoter intended to strike this Defendant he mist his blow and hit none but the harmless Parishioners who good men pay for all and All for nothing For though the said Harris has let out himself to work a kind of Journey-work under the said Dr. Grove yet he has not quite so forgot his Parishioners but that he has most magisterially commanded them to send him money for half a years Tythes or else he has threatned them that he will Ay that he will 'T is meet that this Court of Arches or Archbishop if it can do any thing that it should correct the faults of Bishops We must even turn the Tables Nor will any Body pity those busie Medlers and Master-workmen that cannot be content to oversee the Labourers hard at work and well wrought and employed but they must be placing and displacing stones in the Building and set them a tumbling and rowling 'till they fall upon their own Pates Nay no matter Harm watch Harm catch So that the 2 3 4 and 5th Articles are already answer'd by Statute Law and so shall all the rest besides what has been already pleaded and professed together with another Law that has no Law Necessity Therefore CHAP. X. 7thly AS to the 6 7 and 8 Articles or last Articles they urge a Transgression in solemnizing or rather prophaning Matrimony well-worded and cunningly but if the Register and Sir Thomas Exton had had eight shillings for every Marriage as they have had for many years together above 40 l. of this Defendant upon that Score and at that Rate then bonas noches and not a word of prophaning Matrimony without Banes or Licence contrary to the Canons and Constitutions of the Church of England Alas Poor Church of England Thou must be made a Skreen a Pretence and a Colour for Mens Avarice Oh Hypocrisie To which this Defendant answereth particularly and saith First That this Charge against him is in its self null and void in Law Reason Equity and Conscience for the uncertainty in not naming what particular Canons and Constitutions of the Church of England are thereby transgrest since the Canons and Constitutions of the Church of England that go under that Name Colour and Title are contrary to one another in many Particulars too long here to recite But in this particular Case of solemnizing Matrimony without Banes or Licence the Canons or Constitutions that go under the name of Queen Elizabeth and King James in Print are vastly different one from the other Queen Elizabeth's Canons and Injunctions ordaining for such Offence a Suspension ab officio onely and so particularly exprest onely for the space of six months But those under the names of King James ordain for the like Offence a Suspension for three long years a long time for a painful and laborious Minister to live with his mouth stopt and upon such an occasion too that not one word is said to it nor any body aggrieved if the said Registers and Commissaries go but swips in the pretended Licence and have a feeling in the hand Which makes it more than probable that those said Canons and Constitutions of the Church of England are not truly Printed nor is any man bound to take notice of them except they be Recorded in a Court of Record and a true Copy be produced in such Court and particularly in this Court upon this Suit and this occasion and the Truth thereof sworn upon Oath of good and credible Witnesses which this Defendant does hereby require in this Case and Suit according to the Rules and Methods of Law and Justice Reason and Equity Besides the said pretended Canon of King James ordaining Suspension in general ought by the Rules of the Civil Law Reason and Common Law be taken in the mildest sense For there being two kind of Suspensions namely 1. Ab Officio 2. A Beneficio The first only damages the Flock and Parish The second also starves the poor Priest and all his Family oh Cruelty for a Peccadillo when no man is damnified thereby but a greedy Register and Commissary they that buy must sell and if their mouths be but stopt with Guinees the Minister's shall never be stop't the Fault 's alledged against this Defendant for solemnizing or rather prophaning Matrimony without Banes being only in the years 1680 and 1681. when he took but about 5 s. for the same the People being the gainers thereby
Aye Here 's your Men quoth the Popish Priests Chapmen What do you lack What do you buy Then then and not till then they got the whipping-hand of the superstitious world for he that has got a hank over other Mens Souls and Consciences their Bodies and Estates consequently are without dispute at his Service and Devotion And when a Priest can make a poor Lady believe that he can damn her or absolve her and has the Keys and something else under his Girdle and can let her into or shut her out from the Church and Sacraments so that she will but shew him all her Secrets and unbosome her self in Auricular Confession Cajol'd thereunto superstitiously and bug-bear'd by many lying Miracles in the Legend of many that dyed and got as far as Heaven-gates but were glad to return a long and weary Journey to earth again to be confest by a Priest before they could be let in dying unshriv'd or unhousled can such a Priest that has got the Lock and Key of a Ladies Closet and Secrets have far to go before he come at her heart And I have therefore wondred that the jealous Italians Spaniards and Portugueze that will not suffer any man scarce a Brother to see their Wives face should yet permit them to go to secret and auricular Confession to a young vigorous unguelt piece of Sanctity I had almost said Hypocrisie I could not but wonder 'till now of late to find St. Ambrosie Ora pro nobis in the Popish Letany or Mass For what merit Oh! Captain St. Ambrose was the first Ecclesiastical-Hector or Spiritual-Bravo that in defiance of God and the King durst as malapartly as barbarously and insultingly some say Traiterously shut the doors of the Church against his Prince and Emperor Theodosius the elder not admitting him to the Sacrament nor Divine Service 'till the Emperor submitted to the proud insulting Priest and promis'd upon his knees that for the future he would be rul'd and so he and the Priest became Friends again Well I see St. James the Author the Papists say of their Liturgy and Mass though he was none of the Twelve Apostles yet was a Bishop and a Prophet too if he could so early insert into the Churches Common-Prayer Book stout Captain St. Ambrose and make him pray for himself and all Christen-Souls 400 years before he was born Oh! the merit of some mens Ecclesiastical Insolence But if Captain Ambrose was Canoniz'd and Sainted for shutting the Church-doors and debarring a great Sinner from Divine Service and Sacraments Will not the men of the same Leaven Anathematize me for opening the Church-doors thus to Sinners great Sinners and small Sinners and shut me out But it is better far to eat with Publicans and Sinners as our blessed Saviour did than to partake with Scribes Pharisees and Hypocrites to whom he denounced Wo Wo Wo. Thus have I known School-Boys taught in the Church but better fed than taught to barr out their Masters and be Masters of Mis-rule upon pretence of Christmas and a Holy-time and with a Brazen-face make Declamations and Verses in praise of that precious Ecclesiastical Discipline But if I come I 'le open the Church Doors again and spread the Arms of Mercy wide open and outstretched to as great a Latitude and Comprehension as our Blessed Saviour did even to Publicans and Sinners they shall eat with me let the Hypocrites eat alone and as fittest by themselves if they will not vouchsafe to eat with Sinners let them cringe and bow and face to the Left to the Left to the East the East Sinners look you Sinners though they despise Sinners so much in nomine Domini Sinners are the best Gryst that comes to their Mills If it were not for Sinners the Bench Ecclesiastical at least would not be so scarlet as it is their Holinesses might sit alone as well as a cold if it were not for Sinners and look as lean as an Easter-Offering Sinners quoth a Who is this that despises Sinners which our Blessed Redeemer did not despise by God's help this little Book shall open the Church-Doors to let in Sinners in spight of the most self-conceited Hypocrite as far as the Old and New Testament will go I say ipse dixi What shall sin walk barefac't magisterial in open Court and unrebuk't And shall the Naked-Truth be glad to hide its Head Ha shall the wicked Extortioners of Doctors-Commons sin and will you make me suffer and be whipt for their faults upon their Backs whilst they hold me up to you Sir look you my Lord Is there any Conscience in this Look you Sir look you I am got into the Modern Rhetorical Phraze entail'd on some seats of Eloquence can it be Justice look you my Lord that I should suffer because they sin and I only wish and endeavour their amendment Just thus does the unjust World abuse the poor Cuckolds when the Naked-Truth on 't is the great and only fault is in the Cuckold-makers the Whore and Rogue And must he not have a face of Brass look you and a conscience of Steel my Lord that shall vindicate that domineering Popishly invented Prelacy which the Holy Scriptures and our Blessed Redeemer condemns making all his Disciples Spiritual-Levellers Luke 22. Whose Disciples then are the Popish Prelates that in defiance of Christ will domineer over the Clergy their Brethren and vex them with Law-Suits having great Interest and great Power and withal Purse-proud to defend in spight of Christ that Antichristian Lordliness and Clergical Tyranny over their Brethren calling it as the Pope contradictione adjecto first call'd it Hierarchy or the Holy Rule But how can that be Holy that the Holy Scriptures and the Holy Jesus decries and condemns and it was first Enacted and made a Law in England when the Pope did what he list both with King and People They had and we have a happy time on 't yet most of these Popish Hierarchical Laws are abolished and that was stoutly attack't though it still stands and let it stand I said in my Naked-Truth Rome was not built and cannot be destroyed in one day it crumbles a pace If you be for Discipline and Spiritual Weapons rather Draw upon the Adulterers and Adulteresses the Extortioners impudent Extortioners in your Spiritual-Courts in Probates Administrations Visitations Ordinations grant ing Licences to Preach Institutions Inductions Procurations and if you have power to Anathematize and Curse Curse the Cursers and Blasphemers of the unparallel'd Age we live in In all the Reign of Edw. 6. I find no man taken upon the Writ de Excommunicato capiendo nor 'till the fifth of Queen Elizabeth nor any legal Cursing or Commination save that in the Common-Prayer-Book denouncing of Gods Anger and Judgments against Sinners Cursed is he that smiteth his neighbour secretly and Cursed is he that lyeth with his neighbours wife c. and all the people shall say Amen Cursed is he that taketh a reward to slay an
Ay ay that 's the right and only way of return to God for manifestation of any Naked-Truth by his Servants to glorifie his Name for the same And why should not the Sanhedrim have glorified God for the same as well as the people Had not they Souls to save as well as the people What was this Sanhedrim or High-Court of Justice made up of Who were the Members of this Council It is answered Acts 4.1 The Priests Ay Ay I should have wondred else at a piece of mischief if I had not found the Jewish-Priests there in the first place next the Captain of the Temple and the Sadduces A fine medley of Priests Soldiers and Atheists for so were the Sadduces the Jewish-Church was like to be well govern'd nor do I wonder they went about in the next Verse Acts 4.2 to suspend the Apostles ab officio or silence them from Preaching being grieved good hearts that they taught the People Whereupon they put them in Jayl for that Night designing to get all or a greater number of their Council together upon so good an occasion too And then appears a great Motley crew made up of Rulers and Elders and Scribes and Annas the High-Priest and Caiaphas and John and Alexander and all the High-Priests Nephews Cousins and Cousin-Germans This is only to show you what the Church was that our Saviour speaks of Matt. 18.17 Tell it to the Church is as much as to say in England Complain in Westminster-Hall Sessions or Assizes For want of the knowledg whereof Excommunication has been counted a sacred Ordinance and every little gather'd Church as well as the great took upon them the Government and thought themselves some-body and would have power over their own Members to interdict deprive cut off c. and woful work they made with it Johnson and others that fled to Holland and had a gathered-Church and cut of and cut off Hereticks and wrong Believers till he left himself alone or but with one that just jumpt with him in all things And indeed as in the Mathematicks when a crooked Line deviates from a streight Line the further it reaches in length still the greater distance and more irreconcileable so here this Text of Matt. 18 17. being mistaken and wrong construed the longer the error lasts the greater mischief and the harder to be reconciled For this Interpretation has leaven'd not only Diocesan Synodical but Presbyterian Independent and Congregational-Churches till they have fought one another with this Spiritual-Weapon most Bloodily and they knew not wherefore they are mistaken in the words of their Commission Father forgive them they know not what they do I deny not but that a Bigot Papist Protestant Presbyterian or any other Sect that believes the Church has this power at this day to bind and loose and knows no better than the old Traditional-Interpretation of these words Tell the Church have and may still if they please be frighted out of their little Wit with the thunder of Excommunication thinking it Jure Divino and that the Thunder comes from Heaven But I doubt not but to prove how far it is a meer earthly Cracker and a Bugbear and frights none but Women and Fools were it not for the Writ de Excommunicato capiendo that follows in the Rear of it I know well how the Emperor Theodosius the younger was frighted out of his little Wit because a silly Monk had Excommunicated him and could not eat drink nor sleep till he absolv'd him there has and will be Bigotted Fools and Coxcombs to the Worlds end Nay men that are in all other things wise yet if they once be possessed with the Spirit of Bigottism and Superstition and be Priest-ridden not minding what the Holy Scriptures say but what comments the Priests for their own lucre and to uphold their Prelatical Hierarchy Dominion and Usurpation put upon it are easily Bugbear'd with this cracker of Excommunication as was that bravest of Men and Warriours the Emperor Theodosius the Elder Excommunicated by Ambrose the greater sinner of the two Not but that the Emperor might be in fault in some fault as what great Warriour and Conqueror as he was can possibly be innocent and have hands clean from any stain of Blood but whether he was in fault or no is not easie to determine read the Story in Nicephorus and though the Emperor did command the Soldiers to humble the City that were certainly Traytors and were Guilty laesae Majestatis in abusing most shamefully the Statues and Picture of his dear Wife and Empress and possibly the Soldiers might they are apt enough to exceed their Commission when there is good plunder in the case But the poor Emperor must pay for all and smart for all For indeed he was not Emperor but a Bigot I mean he did not know his own Strength Power and Authority but suffered himself to be nuzzled by Ambrose that formerly had been a Captain and now was made Bishop of the same Town Milan that he had formerly been Governour of but he forgot not his stout heart though he had put on his Canonical-Weeds read but the Story it is too long here to insert but you will then with me pity the poor Bigot Emperor got into ill-handling and under the clutches of a Priest that well knew the Ascendant he had over him For even in these days a Bishoprick begun to be a stately business and not only a good but a great thing and had been so of 100 years standing namely ever since the good Emperor Constantine had been so wonderfully Enamour'd of them Bishops and therefore he made them rich and riches are apt to make men proud and pride is apt to make men fall And there 's an end on 't But if the Sanhedrim or Synagogue had been a Spiritual-Court only as men make it that thus Construe Tell the Church then certainly it was a Bloody Court as well as a Bawdy Court for St. Paul confesses that he had a Commission from thence to Imprison men and put them to Death which surely was Law or else King Agrippa and Festus the Roman-Governour would have chastised him for it when he confest Acts 26.10 that many of the Holy men he shut up in Prison having received Authority from the Chief-Priests mark that and when they were put to Death he gave his Vote for it and punisht them oft in every Synagogue or Church so that I say Tell it to the Church or Synagogue is Complain to the Justice and no more And it is strange indeed that Christ should in those Words of Matt. 18.17 set up a new Jurisdiction in the World and the Apostles who at that time knew nothing of nulling any of the Law of Moses or that Christ should die and yet should make no exception to it or question to have it more explain'd if it were to be a standing Sacred Ordinance to vouch Excommunication to the Worlds end And as strange that none of the
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-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
but when this Defendant married ten times more in the years 1674 1675 1676 1677 1678 and 1679. and made the People pay for a pretended Licence and Marriage about 12 s. or 13 s. of which each the said Registers and Commissary had 8 s. apiece Then oh no! Then not a word to be said nor any Promoters heard of against him But after the writing the Naked Truth that tells them roundly of their crying Extortions and Oppressions of the King's Subjects in illegal Fees or rather Exactions in Probates of Wills Letters of Administrations Ordinations Institutions Inductions Visitations Synodals Procurations Excommunications and Absolutions in answer whereof neither they nor one Fullwood their Doughty-Champion has so much as one word to say in their Defence Then nothing will serve but Ruine and Desolation in Plots and Contrivances against the Author for Barretry and No body knows what And now too have at his Rectory and the Prosits thereof which he holds by the Law of the Land and will hold in spight of their teeth and malice For if such solemnizing Matrimony were prov'd upon him in a lawful Court and Judicature and against lawful Canons and Constitutions found upon Record and in a Court of Record but this Court if it be a Court is no Court of Record and a true Copy thereof here produced and testified And also if it be prov'd that such Canons and Constitutions so contrary to one another are or which of them are now in force in these days that the 1 Eliz. 1. by which they had enargie life and power is defeated and also by the said 16 Car. 1.11 and 13 Car. 2.12 Yet even then the malice of this Defendants Adversaries cannot reach his Rectory and the Profits thereof as Thomas Doughty threatens in the eighth and last Article for not only the Injunctions of Queen Elizabeth ordains Suspension only ab officio but that Suspension in general terms in the pretended Canon of King James ought to be construed the same with that of Queen Elizabeth namely Suspension only ab officio or silencing or stopping the mouth a mighty Priviledg not Suspension a beneficio because of the said Maxim of the Civil-Law Common-Law Mercy Reason Equity and Conscience namely Poenae generaliter expressae semper debent intelligi in mitiori sensu punishments only in general terms exprest ought always to be taken in the mildest sense Oh! but the said Promoter Thomas Doughty in this last Article cannot afford so much clemency it is a pity therefore he should ever be called vestra clementia or his Grace mercy is an Herb rarely found in the Fields of an Informer or Promoter Solomon tells us The mercies of the wicked are cruelty However whatever may be prov'd against him in this mighty case he doubts not but to keep his Free-holds Lands and Tenements both spiritual and temporal which blessed be God are worth the gaping for and let them gape they may gape long enough before they stop their mouths with them 't is to be hoped their mouths will be stopt with mould first in the grave before they ruin a Man and his House a Man and his Family a Man and his dear Wife and seven lusty Children God bless them and keep them out of harms-way secure under the Protection of the Law against all Conspirators against this Defendant or them and against all Man-Catchers little and great we live in jolly times God keep us Which brings to mind Nothing of this was put in the Defendants Answer but is added de Nove the Caveats entred by Sir Mathew Hale that incomparable Lord Chief-Justice against and for himself necessary to be continually had in remembrance by all Judges Temporal and Spiritual and proper enough it is here to Insert one half or nine of them 1. That I never engage my self in the beginning of any Cause but reserve my self unprejudiced 'till the whole be heard 2. That I be not too rigid in matters purely conscientious where all the harm is diversity of Judgment 3. That I be not byassed with compassion to the Poor or favour to the Rich in point of Justice 4. That Popular or Court-Applause or Distaste have no Influence into any thing I do in point of distribution of Justice 5. Not to be solicitous what men will say or think so long as I keep my self exactly according to the Rules of Justice 6. If in Criminals it be a measuring cast mark that to incline to Mercy and Acquittal 7. In Criminals that consist meerly in words when no more harm ensues moderation is no Injustice 8. To abhor all private sollicitations of what kind soever and by whomsoever in matters Depending 9. To charge my Servants 1. Not to Interpose in any business whatsoever 2. Not to take more than their known Fees 3. Not to give any undue Precedence to Causes 4. Not to recommend Counsel Ay Ay here was I had almost said a None-such seldom comes a better nay nay seldom such another Again to our present matter in hand and the Article aforesaid of transgressing the Canons and Constitutions of the Church of England The Article does not say what Canons whether Canons made before the Reformation or since whether Canons made when the Pope was Head of the Church of England or Canons made since the Kings of England were declared by Acts of Parliament the Heads or Head of the Church of England So that this Defendant cannot possibly know how particularly to answer the same or know whether to confess traverse or deny so that this Defendant therefore requires that it may be explain'd and particulariz'd by the Promoter or Promoters what Canons and Constitutions they mean or would be at and where such Canons and Constitutions of the Church of England are to be found and in what Court of Record that this Defendant may give a more positive and particular Answer thereunto for dolus later in universalibus Secondly Besides what is already said at large as to the Uncertainty which is enough to quash the said Articles at least for the present if it were needful This Defendant further answereth and saith That he humbly denies the force strength and vertue of all Canons and Constitutions vulgarly called of the Church of England that are not Confirmed by King and Parliament the onely Legislators and Law-makers in this Realm of England Which if any deny to be true 't is like he may have an answer in Parliament if thought fit But if it be true and that no Canons and Constitutions of the Church of England are allowed or confirmed to be obligatory Laws to an Englishman as in 13 Car. 2.12 16 Car. 1.11 then there 's an end of the Story and this Traverse is further needless But if this Court denies That the King and Parliament are the onely Legislators then this Defendant desires they would so declare and express themselves that so this Defendant and all others may know the limits of their obedience For this
Defendant hereby protests That if he ever shall or ever did transgress the known Laws of England or the dark and disputable Laws of England it was through error of his judgment and not of his will and therefore he desires this Court to inform and inlighten him and set him to rights if he err or if they can do it For it is not safe to say of that Act of Parliament 13 Car. 2.12 of not allowing or confirming the Canons of 40 commonly called the Lambeth Canons and all other Canons and Constitutions not confirmed by Act of Parliament c. that they signifie nothing and are inserted idlely and for no end and purpose Which those seem to assert and imply that say those words of not confirming the Canons or not allowing are not disallowing nor any remarque or neglecting Character thereby set upon them For the Canons had been left in statu quo prius as all other things were not mentioned in the said Act although not one word concerning them had been therein mentioned In all Grammatical Construction then the Not-confirming the Lambeth Canons or Canons of 40 c. That Not-allowing is a disallowing as plain as the Times perhaps would then bear And all those words in the said Act signifie the distaste and neglect the King and Parliament had of all Canons not confirmed by Act of Parliament and then all those words concerning the same signifie something and not nothing Especially leaving things as they were in the year 1639. when the High-Commission Court was up and 1 Eliz. 1. in force which is absolutely repeal'd by the same Statute And if any man thought that some had got by that 13 Car. 2.12 an Act for their Turn as was endeavor'd they were vilely mistaken or out-witted at least it was all that would even then be done for them which latter is most probable because of that fatal mistake in repealing 17 Car. 1. And there never was such an Act in the world nor any made in that year that this Defendant can find so lasting were the deep and bloody Prints of the High Commission even yet in Parliament-mens heads And this many took notice of long ago if they had thought it meet and opportune to take notice of it it might have been amended and may yet by an Act of Parliament otherwise it is to be feared that the mistake is fatal And the 16 Car. 1.11 be in force and not possible to be repealed by the repeal of the 17 Car. 1. Then good-night Nicholas and there 's an end of the Story and a Commissary Official or Register's place is not worth the buying no nor that of a poor Proctor of this Court of Arches which use to cost about 40 l. though the same man be a Proctor in any other Spiritual-Court yet he cannot practice in this Court without laying down the Cash I mean down with their Dust Gold Dust or Guinees Money more Money Which perhaps is the reason why the Proctors are suffered to take ten groats for a Fee that used to be by the style of this Court but and proportinably all other Fees abominably enhanc't wherever the fault lies they that buy must fell or else they have a bad bargain The Fees of an Excommunication and Absolution used to be but but now they are this Defendant knows to his cost and by woful experience a Guiney but note by the way This also is added de novo the said Bishops Vice-Register Nucourt is Arrested in an Indebitatus-assumpsit and will also have an Indictment or Information brought against him for the Extortion at the Suit of this Defendant who is vilely loth to be chous't of his Money and by a pitiful Proctor and Vice-Register too So that by this time this Defendant is come a great way towards the final Answer of these Articles in this Spiritual-Court if there were 1000 more of them especially in a Court that will neither show nor pretend to sit by a Commission from the King In whom alone is always inhaerent all Executive-power both Ecclesiastical and Temporal But our gracious Sovereign not only in his last Declaration but always has declared That he will rule us according to His Oath and the Fundamental Laws made by the only Legislative-power the King and Parliament And the Kings of England always have been of right and always were except during the Pope's Supremacy equally Heads or Head of the Church as well as of the State if they be two things And has right to make Laws for the regulating the Church or State-Ecclesiastical and as much as for Regulating the State-Temporal And far be it from the modesty of this Defendant to pry into the Cover'd Ark and search into the Prerogative of His gracious Majesty the Kingdoms glory as well as support both for his Mercy and Justice our dear and dread Sovereign and only Head of the Church and State which Prerogative His Majesty and his Father of blessed Memory our late Martyr'd Soveraign have explain'd to consist not only well but best with their Peoples Liberties and Properties making a sweet Harmony and enriching both King and People as Queen Elizabeth found that never had an Exchequer sooner emptied than filled though her Wars and Enemies were Great and Powerful She sometimes forgave and remitted what was given her by her Subjects in Parliament but never made a Speech or Motion for Money that prov'd successless Of which this Defendant had not now and here taken notice of further than to show in this his Defence in reference to the Church and the pretended Canons and Constitutions of the same that the said Queen never made any Canons neither did King James make any Canons or Constitutions for the Church or its Regulation until her Majesty and consequently his Majesty King James had by 1 Eliz. 1. and in that Statute given unto her and them her Heirs and Successors Power to Amend Reform c. And no more then needed at that time when the Clergy in Convocation acknowledged and surely they knew their own strength as well and much better than any can do at this distance and confest in the Statute 1 Mar. 2. that they had no Ecclesiastical Jurisdiction and therefore not Queen Mary but she in Parliament by 1 Mar. 2. restor'd it namely the old Popish Ecclesiastical Jurisdiction until 1 Eliz. 1. Repeal'd it and in its room gave Power to the Queen to set up another which 16 Car. 1.11 and 13 Car. 2.12 pull'd down and Repeal'd Nay 't is evident in Cawdrey's-Case in Cookes Reports that the Jury were forc't to find the said High-Commission specially and so must other Juries do as well if ever the right of the Spiritual-Courts in Sequestrations Suspensions Deprivations in medling with mens Carnal Goods and Free-holds comes to be tryed in the King-Courts by a Jury if they can at this time a day find such a High-Commission which will be a difficult thing to persuade a Jury unto except such
Suspension or Sequestration or Deprivation be supported by that which can only support them viz. a Statute But they should not need to have found the said High-Commission specially if Ecclesiastical-Courts then had or consequently have an ordinary Jurisdiction without special Commission from the King only and equally the Head of the Church and State But no Temporal-Courts or Judges do or dare Act implicitely but by special Patents or Commissions under Seal for as for Hundred-Courts they belong to Proprietors but all derived originally by Patents from the Crown as Sheriff-Courts and Corporation-Courts And besides from these Inferior Courts or Common-Law-Courts as are the Handred-Courts they sit in the Hundred by Prescription where the Bishops also used to sit and keep their Courts together and at the same time and place which if they do not now so they cannot plead to hold Courts by Prescription except they as does to this day the Hundred-Courts and County-Courts keep up and keep to their Prescriptions as to place and time Canons and Laws Therefore away with all idle thoughts of making the Spiritual-Courts Ordinary or Comnion-Law-Courts this Court it self the Supreme of all the Spiritual-Courts cannot prescribe for sitting here in Doctors-Commons beyond the memory of man for it us'd to be kept in the Arches of Bow-Church whence it had its name but now most improperly except it sit by special Commission from his Majesty and be so styled in the Commission And if the Arch-Bishop have such Patent from the King to keep Courts of Judicature-Ecclesiastical as have the Judges in Westminster-Hall for keeping Courts-Temporal this Defendant desires this Court then so to Declare it that he may the better know how to demean himself with all humility and submission thereunto But this Defendant has taken the Oath of Supremacy and dare not own any other Head of the Church or Ecclesiastical Judicature but what is derived from Him in whom alone is inherent all the Executive power in Church and State And from Him imparted and derived to the Judges under Him Nay when His Majesty has derived such power to His Judges yet they cannot make a Deputy if they be sick nor an Official or Surrogate Indeed sometimes a Serjeant at Law is surrogated in the room of one of the 12 Judges sick dead or otherwise avocated and goes the Circuit but this must be done by Special Commission and his Name specially inserted and mentioned therein no Judge can make such a Surrogate or Deputy Besides it is but onely pro eo vice for that turn only And though an Archbishop with his Archbishoprick and Bishop with his Bishoprick if constituted according to Law have all Priviledges also annexed anciently and of right belonging thereunto by Prescription or otherwise yet a Right by Prescription and Custom or Common Law is lost when the Custom surceases and other new Customs innovated for Customs ought to be certain uninterrupted and continual both as to time place c. Thus a Court-leet may be lost and forfoited for want of Use according to the ancient Usage and perhaps this is also part of the Case Thirdly To solemnize Matrimony without Banes first published three several Sundays or Holy-days in time of Divine Service in the Parish or Parishes where the Parties inhabit is an Offence against Statute-Law onely namely the Rubrick before the Order of Matrimony in the Common-Prayer Book every Sentence whereof is Statute-Law in the Act of Vniformity Which if true then this Court is no competent Interpreter nor Judge of Statute Law nor of the nature of the offences against the same nor of the quality and degree of the punishment of such offences And though all Englishmen are bound to obey the same to a Tittle yet scarce any Englishman Bishop Priest or Lay-man but does offend and transgress the same little or much and are all Nonconformists and accordingly are all liable to be Indicted and have Presentments made against them for Nonconformity according to the said Statute of Uniformity and as Sinners and Transgressors of the same Yet some of the Rules in the Rubrick and the Transgressions thereof were thought so small and such little Peccadillo's that the Legislators or Law-makers did not think fit to annex and assert any Punishment to and for the same As for Example It is enjoined in the Rubrick to read the Communion Service at the Communion Table yet not One of a Thousand obeys except in Cathedrals c. and there also the Act of Vniformity is as much or more transgress'd than in any Countrey-Church in England that this Defendant knows of as shall be proved infallibly by and by But if all Ministers obey the Act of Vniformity aforesaid in reading the Communion Service at the Communion Table in the Chancel in many Churches if not in all Churches not one of an hundred could possibly at that distance and in the hollow and obscured Chancel hear the same or be more edified than if in Latine was read the said Communion Service or Mass for so is our English Communion Service said to be commonly known and called the Mass in the Common-Prayer Book put out by the Reformers who in composing and translating the said English Common-Prayer Book are by the Act of Parliament in 2 Edw. 6. Reign made for the common Use and general Practice thereof throughout the Realm said to be inspired thereunto by the Holy Ghost But here is the unsuitableness betwixt our Times and those Times they like the Primitive Christians Acts 2. took the blessed Sacrament in Cathedrals every day and in all Countrey-Churches on every Sunday and Holy-day Wednesdays and Fridays on which days onely the Communion Service was to be read nor was it wholly read but when the Holy Sacrament was administred which was usually every Sunday and Holyday in Country Churches and in Cathedrals every day and then read after the Letany and when the Letany was read then and not till then the Priest put on the Surplice or Albe and Cope And though no man is enjoined by that Act of Uniformity and Common-Prayer Book to receive the blessed Sacrament above once a year yet the Housholds in the Parish the Rubrick says were so order'd that one at least as his turn came always communicated with the Priest one or other every Sunday or Holy-day at the Altar where the Priest stood whil'st he read the Communion Service in the Chancel and might well enough be heard by the Communicants who all were in the Chancel This is to shew there is not the same reason now adays when the Holy Communion is so seldom celebrated no not in Cathedrals as it was wont when the Rubrick of King Edw. 6. enjoined the Communion Service to be read at the Altar for so is the Communion Table there stiled in that Book said by Statute Law to be composed translated or made by the Inspiration of the Holy Ghost as aforesaid Again To give another Example of the constant and wilful transgression
should use such Hoods as pertaineth to their several Degrees So that to wear the Surplice or no is left to every Man's Liberty even in Cathedrals especially in all other places Hoods according to the degree not in time of Divine-Service as in many Cities and Country-places worn not for want of Ignorance but only may be worn in preaching the Sermon upon the Knowledg of a Man's Degree and Quality may recommend the Sermon possibly and possibly not the Hood is commended not commanded to be worn but the reason ceases in reading Divine-Service and Administring Sacraments or reading of Homilies which are the works of the Law not our own works and are not nor need to be recommended by the Dignity of the Reader or Administrator and therefore Hoods worn at any time except Sermon-time and Surplices forc'd upon Mens backs in reading Mattens Even-Song Baptizings or Burials whether they will or no and not leaving Men at Liberty is enjoining other Rites and Ceremonies than what the Law enjoyns as wel showing at the Name of Jesus and bowing towards the Altar a place which some Men never pass by but they bow they ought to lose their Spiritual Promotions for such Superstition and good reason for it is either Folly or worse Popish Superstition For if he that bows still as he goes by or approaches the Altar does not fancy that there is somewhat extraordinary there that exacts and requires this extraordinary Reverence above other places then he is a foolish Coxcomb to beck and bow only to that place above all other for no reason or for nothing But if he doth believe there is something plac'd there that requires this Reverence as the Papists assert who can excuse him from the belief of that Popish Doctrine of Transubstantiation Also all are Nonconformists that administer the Sacrament without Copes on and this makes all the Ministers in England Nonconformists for no body wears Copes and most wear Surplices tho this Defendant has not worn one except at Communion-times for several Years by-past And a Cope he would wear at such time only of celebrating the Lord's Supper but he cannot get one necessitas vincit Legem And in this Instance he hath been the more copious to show how little those Boanarges or Sons of Thunder do observe how they thunder out their own Sentence and Condemnation Out of thine own mouth will I judg thee thou wicked Servant When nothing but Hell and Damnation Goals and Excommunications Fines and Confiscations Suspensions and Deprivations will serve their turns for every little Breach of any Clause in the Rubrick and where no harm ensues nor loss but gain to the People when they are perhaps married without Banes or Licence And for Men to say that bowing at the Name of the Holy Jesus our blessed Redeemer is an harmless Ceremony aggravates the Offence It is the Popish Excuse for all their multiplied Ceremonies so many that their Religion is little else or so miserably covered therewith that Men can see little else To bow at the Name of God or Jehovah the greatest of all Names is harmless but it would be endless to do it and there is no Scripture to vouch these Bowings at the Name of JESVS or GOD c. as is hitherto unanswerably proved in the last page save two of the Naked Truth the second Part. To wear two or ten Surplices especially in cold weather together with an Hood about the Neck are harmless and the Hood keeps the Neck warm in Winter but is too hot in all conscience in Summer-time but if it were not too hot nor yet too heavy yet still they are other Rites and Ceremonies than are enjoined in the Act for Uniformity and therefore punishable and unlawful And what can or dare these Rigid Conformists answer in their own defence except cry Peccavi and confess their Ignorance Let us pray for them in our blessed Saviour's words Father forgive them they know not what they do For certainly the Law does not forgive them but is clear against them What can they say for themselves why Judgment should not be given against them according to their celebrated Act of Uniformity And to say the Canons enjoin some of these Ceremonies much aggravates the Offence to play old Canons against the King and Parliament's new Acts and Statutes this is petulant and unpardonable I had almost said They had more need petition for an Act of Indempnity to pardon all Non-Conformists and to get for themselves Remission in the Crowd CHAP. XI A Gain The said Rubrick says None shall solemnize Matrimony without Banes But who observes it who obeys it Do not Commissaries Officials Archdeacons Registers Vice-Registers and all that Tribe grant Licences and Faculties with a non-obstante to the Statute and Rubrick But with what Forehead and by what Authority If the Arch-Bishop of Canterbury or York should grant such Licences or Indulgence to dispence with the Statute a little more might be said for it if but a little But for these Fellows to sell Indulgences and Dispensations to the Statute where 's the Modesty or rather the Impudence The very same Rubrick is in the Common-Prayer-Book of 2 Edw. 6. For the said Statute gives no Privilege no Exception no Dispensation to any Man to solemnize Matrimony without Banes solemnly published three several Sundays or Holy-days in time of Divine Service where there are Churches and Divine Service said in such Parishes where the Parties inhabit otherwise they cannot be married without breach of the said Act or Rubrick except perhaps in that impediment because Necessitas vincit Legent And truly Matrimony tho not a Sacrament yet is so serious a thing so lasting when the Knot is once tied by a Priest ever lasting during Life that the Law could not safely have been made otherwise than by commanding such a solemn previous Publication in open Church in the Parishes where the Parties inhabit three several Sundays or Holy-days And then there could be no stoln-Weddings nor Infants trepann'd into Marriage without the consent of their Parents and Governors A Caution that even in the times of the late Usurpation was taken care for when the Justices of Peace did the Jobb And for Registers and Surrogates c. to take upon them to take Bond of 100 l. is so small a Penalty and the Bond so unwarrantable in Law that it signifies just nothing but to give a Man an Oath in the case is altogether illegal and punishable However it is contrary to Law in the said Rubrick But what shall be the Penalty The Judges alone shall determine according to the evill Circumstances and evil Consquences thereof So that if this Defendant be guilty of solemnizing Matrimony without Banes first published c. he hopes he may pass Scot-free in the Throng and amongst the crowd of so many and great Nonconformists But in this case this Defendant has more to say in his Vindication than all of them put together are able to
Doughty the old Promoter again and threatens what the said Bishop probably would have scorn'd to do for the said Thomas Doughty recovering his place again of which the said Nucourt had really deprived him takes up the Gantlet again and threatens to take from this Defendant his said Rectery of All-Saints a great Eye-sore it seems to him and that for three long Years besides costs of Suit And indeed it is a Threat that does much better become such a doughty Fellow than a Reverend Divine or Bishop who ought to endeavour that the Flock should be fed not starv'd and to encourage the painful Labourers that bear the Burden and sweat of the Day and not suspend stop their Mouths or Handcuff them but to remember that what Power he has should be employed to the utmost for Edification and not for Destruction to do all the Good he can not all the Mischief he can Or if he will be punishing Punish the Drones the idle and ignorant Clergy-Men the Whoremasters the Drunkards the Swearers and blasphemers of God's Holy Name Or if that will not be at least to begin at home and punish the vile Extortions and Oppressions of his Registers Vice-Registers c. in exacting illegal Fees in Probates Letters of Administrations Institutions Inductions Ordinations Excommunications Dispensations Absolutions Visitations c. to the great and groaning Oppression of his Majesties Subjects Especially to find other Work than suspending this Defendant from his Rectory of All-Saints in Colchester of all Places where the chief Men at least nay and the chief Women too as well as the Generality of the People by their Constuence to the said Church of All-Saints should seem to give him but little Thanks for his great Pains therein No more Thanks to him than to his Court that has kept this Defendant two Lord's-Days together from his Ministerial Function there only to attend your Motions This good you do If therefore the said Doughty be not Promoter in this Cause then the said Rectory of All-Saints is not in jeopardy and the proofs of Witnesses are not directed and taken in order thereunto and consequently the eighth Article at least is null and void as being in Doughty's name and at his Promotion and yet not one Witness is sworn nor any Commission directed to swear them at his Promotion and consequently if all the objected Crimes were true and also as proper for your cognizance as they are here proved all of them to be improper for your cognizance and also tho your Jurisdiction Ecclesiastical was never so legal and founded and built upon the Law of the Land And tho you had known Canons legitimated by our Sole Legislators in all which you are deficient Yet then even according to the stile of your Court the Promoter Henry Bishop of London desisting and aiming not at all at the said Suspension and Rectory tho the Crimes were truly prov'd yet his promoted Libel declaring for no Penalty at his Promotion there ought to be a non-suit for that Blunder and the Defendant dismiss'd with costs But if this Court or the said Bishop the Promoter or the Promoter Doughty desire to begin again and have not yet enough of so impertinent and non-sensical Articles let them come single and one by one one after another ne Hercules contra duos If this be fair Play I have no Skill in Play nor understand Trap. But this Defendant is quite tired and so 't is hoped by this time is every body else but the Proctors This Defendant having already been so copious and substantial upon so idle and slender occasion Hereafter if the Promoter or Promoters like the Place Promotion and Preferment let them bring a more solid Charge against this Defendant that he may muster up more and greater Forces than his own to answer the Shock For in this Defence he is single and alone without as well as without need of any other Man's Assistance or Advice but then perhaps he will get better Heads than his own In the Interim here 's enough without a Fee especially upon so slight and trivial an Occasion For is it not subtle for Men to puzzle themselves in a Court about a Crime as here for Barretry an Offence against common-Common-Law and statute-Statute-Law of which this Court can hold no Plea nor take Cognizance of What have Spiritual Courts to do to decide or try Causes or Cases belonging to common-Common-Law and statute-Statute-Law in derogation of the Courts of our Lord the King as in the Statute of Provisors War-hawk as Fullwood says have a care of a Praemunire have a care of hooking in every thing in ordine ad Spiritualia And is it not subtle to object the very same Instances of Barretry as of old for which this Defendant has already at a fair hearing been honourably acquit As if they had conspired to publish and thereby proclaim to the World the Integrity of the Defendant's Life and Conversation to be so great and without Reproof that in all this time their Invention should be so barren of new Matter and new Accusations whilst at the same time they prove the Fertility of their Malice and Revenge Both which are the worst Privy Counsellors unto whose Suggestions Dictates and Advice whoever hearkens he need no other Enemy they alone will do his Business for him and lead him into such Follies rash and precipitate Counsels and Designs into which like as into all other ways to Hell the Entrance and Descent is easy but no Deliverance from thence but return and timely Repentance which at best brings a Man Shame at the last And is it not subtle to question this Defendant's Title to his ancient and undoubted Rites and Freeholds and in a Court too that cannot try nor decide such Titles and Controversies except they crack a Commandment and hook it in as some do every thing rebus Christi and so bring all temporal matters to Excommunication or the stool of Repentance or else like the Pope and Jesuits compass Sea and Land and drive all in and under their Jurisdiction Kingdoms Titles Freeholds Lands and Patrimonies into St. Peter's Patrimony in ordine ad spiritualia Will Men never take warning nor tremble at the Statutes of Provisors nor leave those old and discoverd Gilsee-tricks And is it not subtile to rip up Peccadillo's against the Act of Uniformity thereby giving occasion to prying Men to search into their own Nonconformity in illegal Rites and Ceremonies universally and without Repentance practis'd whereby they show their wit even in Cathedrals and Universities in defiance of the Act of Uniformity But no Man is too great or overgrown for the Law to which in all Ages the greatest Subjects and Favorites of old have been as well as in our days forc'd to be subject and submit their sturdy Necks and hated Heads unto it but some Men will never take warning Lege Historiam ne sias Historia And is it not subtile to make Henry Bishop of London
we have layd our hands mark that for it is the same in our Common-Prayer Book to certifye them by this Signe of thy savour and gracious goodnes towarde them leat thy fatherly hande c. I know a Bishop being a great person may as Majesty uses to do when he means only his own single act and single hand say we we for so it is said we have laid our hands But how these words our hands can be meant of the Bishop's laying on his single hand and but one hand cannot be reconciled to any Grammar For in King Edward VI's Reign the happy Reformers kept up Imposition of hands not hand as the Collect aforesaid says after the example of the holy Apostles and in imitation of the Apostles laying on of their hands upon the Disciples and thereby conveying to them the gifts of the Holy Ghost Therefore the Papists anoint or have an Unction in meer Mimickry or Imitation of the Unction of the Holy Ghost which was not sold or made of Apothecary Drugs as the Papists Unction is but purely spiritual gifts of the Holy Ghost the gift of Tongues discerning of Spirits c. But they that would fain be accounted Successors of the Apostles and of St. Peter and St. Paul and love to be called the Apostolical men would make Confirmation to be performed or of right ought to be performed by Bishops onely who the Papists account to be the onely Apostolical men and Successors of the small Prophets or Apostles St. Matthew Thomas c. and the Pope the onely Successor of St. Peter and St. Paul But our first Reformers did not confine this Act of Confirmation to a Bishop alone but to other his Fellow Presbyters who signed with the Cross and said as many words over the head of the Child as the Bishop himself Thus when John was present Peter did not bid him stand aside but both of them together laid their hands upon the young Converts and they received the gifts of the Holy Ghost in imitation whereof Consirmation was brought in And the Rubrick makes the Curate or his Certificate a necessary qualification and that of King Edw. 6. the first Reformers the Minister laid his hands on or at least signed the Party with the sign of the Cross and said words over him or prayed over him And probably also as is usual in Ordination both laid their hands on or else what English or Sense is in those words in the Collect Vpon whom we have laid our hands But now I say the Bishop without the concurrence or consent of the Minister of the Parish who best knows the state of the Flock alone confirms all that come which are very few God knows not one in a hundred or more that are baptized And those or most of them hand over-head without any previous examination of their fitness And therefore who can pray in Faith or believe what he says and prays as aforesaid in these words God who hast vouchsafed to Regenerate these thy Servants by water and the Holy Ghost and yet for ought he knows I am sure of some were never baptized so much as by water over whom yet he prays or ought to pray in these words and then and hast given unto them forgiveness of all their sins c. Be not deceived God is not mocked saith the Apostle But what extravagancy will not men run into that would grasp all to themselves contrary to the provision the Law has made for the Minister's consent and concurrence at least to this same Confirmation to his actual laying on of Hands as well as the Bishops in King Edward VI's time and signing with the Cross as well as the Bishop and praying over their heads part of that Prayer that now the Bishop will say alone but in King Edward VI's Common-Prayer Book the Minister said alone before the Bishop toucht the Party to be confirmed So that Confirmation without previous examination and fitness without Godfather or Godmother for a Witness and without the Curate's presenting those of his Parish to be confirmed and certifying their fitness is not only rash and perfunctory impertinent and contrary to the great design those had that invented it but is also illegal and against Law and the Act for Vniformity Hereafter I may perhaps shew at large when and by whom it was invented but this for the present I am clear for the use of it according to Law but the abuse of it is abominable I write this for the observation of the Law and that such as cry down Nonconformists and call for Gaols Stocks Fines Excommunications Suspensions Deprivations and Confiscations may learn Forbearance Mercy Humanity and Kindness to humane kind considering humane frailty so visible in themselves and may not with the same mouth opened against other Nonconformists at the same time pronounce their own doom and deprivation of their spiritual Promotions that are worth the keeping and tugging for And may learn to be quiet and bless Almighty God that they are so well on 't themselves and never Vex themselves to vex others breathing out nothing but mischief and ruine to such as are loth to unman themselves by servile Baseness Flattery and Sycophantry For my part I would much rather cease to be a Clergyman than cease to be an Honest man an Englishman and a Gentleman Which ne'r a Flattering Pimp and Sycophant in England can possibly be In short Confirmation is either good for something or good for nothing either good fit and expedient or not expedient If it be not expedient Why is it put into the Common-Prayer Book or so much as once perfunctorily practis'd If it be good for something which I readily grant then why is it not us'd but abus'd 1. Why is it ever us'd by a Bishop rashly hand over-head Hickletee-Pickletee to all that kneel down whether baptiz'd or unbaptiz'd whether they can or cannot say their Catechism whether they have Godfathers and Godmothers along with them or though they never had any such Godfathers or Sureties but tell Stories when they say They did promise and vow three things in my name c. as in the Catechism And not one word of all the three is true or was ever promis'd or vow'd by any body no not by their own Parents who one would think ought to be most concern'd both in the Vow and Performance 2. Why does not the Bishop require the Significavit from the Parish-Minister of the Truth of the Premises and the fitness of those that are to be confirmed but this 't is to do all alone what is impossible to be well done by any one man 3. Why does not the Bishop go to all the Parishes in his Diocess to confirm the Souls that are therein It is his work and he is well paid for the same And why onely at a great Town two or three where there is a great Inn and good Accomodation I am confident St. Paul never sent his Harbinger before him when
oppos'd and no man of my Quality more Blest and Protected depressa resurgo says the Palm-tree more weight more height like Israel the more they were afflicted the more they grew God give a blessing to my poor endeavours to do much good if at least they have but so much vertue as Common Ink to allay the spreading venom of such Ring-worms whose singers itch to be at it in the Portugal and Spanish-mode of Inquisition and Persecution which has made a Desolation Rebellion Poverty want of Trade and Depopulation in those Countries rather than any great Conversion how Hypocritical soever to the Roman Faith But ye fools when will ye be wise saith holy David Psal 94.8 as if he should say Will you ne'r be good 'till you 're beaten to 't with your own rods Go to and let men of little and narrow Souls uncapable of any love or regard to the publick good and their Countries welfare smile at the Improvidence of such as like Lamps and Torches waste scorch and consume themselves to enlighten others And if the Cathedral Highflyers or any Bishops be offended that I have thus publickly rebuk't before all their publick transgressions and defiance of the Act of Vniformity in the said Illegal Rites and Ceremonies they may in part thank the peevishness and frowardness of some that occasion'd it irritated perhaps thereunto by that old inveterate and everlasting piece of malice and hatred S. J. S. who has always though always in conclusion to his own shame and loss endeavour'd to set men upon me by getting false Calumnies and Slaunders invented in his hollow and canker'd Breast to which one-ear'd men giving credit and therewith also prejudic't and pre-possest and knowing my Spirit and Temper not over-patient to bear Affronts he knew there would be what he labour'd for a Quarrel I know it is a Devilish thing and the very daily work of the Devil to devise wicked imaginations and with a proud look lying tongue hands ready to shed innocent Blood and feet that be swift in running to mischief to be a false witness that speaketh lies only to sowe discord amongst Brethren And are the six or rather seven things that are abomination to the Almighty Prov. 6.16 17 18 19. Yet he that created Light out of Darkness and life preservation to Israel ought of the malice of Joseph ' s Brethren in selling him to the Gypsies and unity and amity to his people by mens Differences and Dissentions can and I hope will create beauty and order out of our Confusions Chaos Disorders and Discords and out of the eater bring forth meat and out of the strong sweetness and Truth and Light from the Collisions Interferings and mutual strikings of the hardest and blackest Flints Thus the contentions of Paul and Barnabas tended by their Parting and Dissentions to the more nimble Propagation of the Naked Truth Therefore be not all of a flame like that fiery-fac'd bloody Bishop Bonner against all Dissenters and Non-conformists Bandying and Ecchoing the word Heretick Heretick at one another and to and again For the servant of the Lord should not strive should not be a Jupiter Altitonans a Boanerges all for consuming and destroying with sire from Heaven or Earth ye know not what manner of spirits ye are of A Bishop should not be a striker 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is no Persecutor no striking at second hand signifying and giving aim to the Magistrate where and whom and when to strike as well as no Gladiator 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not a litigious Informer former nor Promoter but a stranger to Law-Suits and Contentions as Plaintiff especially either through covetousness in hopes thereby to enrich themselves by beggaring their Brethren like the said old Bonner that seem'd to be in Fee with the Gaolers and the Hangman But bid farewel to the plum'd Troops and the big Wars that make Revenge vertue but in patience forbearance temperance and in meekness instructing those that oppose themselves or are Non-Conformists concluding as I will with wise Gamaliel that even for your own sakes ye ought to take heed to your selves what ye intend to do as touching these men Act. 5.35 38 39 40. And now I say unto you Refrain from these men and let them alone For if this counsel or work be of men it will come to nought But if it be of God ye cannot overthrow it lest haply ye be found even to fight against God And to him they agreed Discite Justinian moniti non temnere Divos Omnia cum liceant non licet esse pium Take warning whilst you may and dread Heavens Rod Do not with Gyant-Force brave the Great God Shall be that checks sin have for Tears more Cause Than those Suborning Pimps that break the Laws In Dangers Cowards Bold at Heaven to strike Are these true English-men Tories more like A True Table of all such FEES as are Due or can be Claimed in any Bishops-Courts in all Cases As they were Given in to the Commissioners of His Majesty King Charles I. Nov. 1630. By the Commissaries Registers Proctors c. under their own Hands in the Star-Chamber Necessary to be known by all Persons liable to be Concerned in the said Bishops-Courts 'T IS no part of the Scope of the ensuing Table to debate the Legality Expediency or Inconveniency of those Courts and Jurisdictions commonly called Spiritual or Ecclesiastick as they are now managed Nor whether the Persons that hold them and grant forth Citations in their own Names and Stiles and not in the KINGS do not thereby Incur the Penalty of a Praemunure But its Business is to Present you with an Exact Copy of their FEES as they were stated by themselves to certain Commissioners appointed by King Charles I. to Inspect them Nov. 1630. which Table being long since stifled as much as in them lies it is thought fit to Re-print the same from the Original first Printed Anno Dom. 1631. In Cases of Instance that is between Party and Party To the Comissary To the Register To the Apparitor  s. d. s. d. d.  IMprimis For Decreeing the Original Citation and for Sealing of it 00 06 00 06 00  Item For Decreeing the Original Citation in a Matrimonial Cause with an Inhibition and for Sealing of it 01 00 01 00 00  Item For the Decree of every Party principal 00 09 00 09 00  Item For every Decree Vais Modis 00 09 00 09 00  Item Only at the Release For every Excommunication or Suspension in Writing 00 09 00 09 04  Item For every Absolution from an Excommunication or Suspension 00 09 00 09 04  Item For Letters Testimonial to be made upon a Search or any other Cause 06 08 06 08 00  Item For the Oath of every Witness upon any matter 00 00 00 00 02  Item For Examination of every First Witness upon any matter 00 09 00 08 00  Item For
every large Skin of Parchment 00 00 08 00 00  Item In defiance of the Statute For Ingrossing every Inventory and Accompts according to the length thereof not exceeding Two shillings for every Press of Parchment 00 00 02 00 00  Item In defiance of the Statute For Exhibiting of every Inventory and for subscribing of the same 00 06 00 06 00  Item For the Copy of every Act extracted out of the Registry under the Register's hand 00 00 01 00 00  Item For the Copy of every Inventory Testament Libel Matter Allegations or Articles whatsoever extracted out of the Register under the Register's hand 00 00 According to the length 00  Item For Letters of Request made to another Ordinary to Cite one dwelling out of the Judges Jurisdiction 01 08 01 08 00  Item For every Renunciation of an Administration of the Goods of a Deccased or an Executor of a Will Admitted and Enacted 00 06 00 06 00  Item For every Decree made upon the distribution of Goods amongst the next of Kin and for Registring the same 06 08 06 08 00  Item The Fee of a Proctor every Court-day in which he is Retained upon any Cause whatsoever is 01 00 00 00 00  And no more Therefore they Abuse you when they take Ten Groats ☞ And indeed there is scarce one of all these Particulars but the Officers belonging to these Courts do now Demand Take and Extort most Vnjustly Greater Fees than are here set down which yet are all that themselves had the Confidence to ask or pretend due in the Time of King Charles I. since which Time they have not any Colour of Law Reason or Authority to have them increased Therefore if any of them shall for the future Demand or Take any Fees Duties or Sums of Money more or greater than are here set down let the Party grieved forthwith Indict them for Extortion the onely way to Curb the Avarice and Oppression of greedy devouring Locusts who like the Sons of the Horse-Leech always Cry Give Give till with tedious Vexations they undo those they can get into their Birdlime-Clutches POSTSCRIPT I 'LL add but one Argument more and 't is the stenderest in all the Artillery of Logick but for Home-thrusts like a Vipers tongue 't is slender indeed but most Mortal and Irresistible 't is called Argumentum ad Huminem like Rom. 2.22 Thou that sayest a man should not commit adultery Doest thou commit adultery so say I Thou Adulterer Art not thou a transgressor of the Law and Acts for Uniformity Is not Adultery against the Common-Prayer-Book Is not an Illegal Ceremony-monger a Non-Conformist Is not an Adulterer a Non-Conformist Is not a Noddy I should say Nodder to the Altar to the East a Non-Conformist Is he so Why then thou old formality thou whip and spur Will no pace serve thee but a Gallop and Tantivy Foot and Horse Companies and Troops Trot and Gallop On what Service What Expedition To root a Conventicle Have a care man and fly fly get out of harms way for fear they face about and root thee for a Non-Conformist and take from thee thy pride and joy of thy heart thy 2 3 4 5. Spiritual Promotions Ha Non-Conformists Is that the Word one would think thou shouldst for thine own sake hereafter be good to Non-Conformists thou dull Coyner and Forger of Ceremonies thy chief Religion in desiance of the Holy Acts for Uniformity You that would have all Non-Conformists undone Body Soul and Estate you that are all for Cursing and Imprisoning all for filling Hell and the Gaol come on How do you like this deprivation for Non-Conformity How does this Stone-doublet fit you you that breathe nothing but Gaols Fines Consiscations Suspensions Hell and Excommunications and Writs in the Rear of it Thou wicked and unjust Judg dost thou Sentence or Excommunicate some Non-Conformists and not all Non-Conformists and dost thou partially spare thine own Nodding Superstitious silly self James 2.1 My Brethren have not the faith of our Lord Jesus Christ nor the Laws of God and the King the Lord of glory with respect of persons Either all being guilty let all suffer but where shall we get Executioners or else being guilty As in general Matiny none suffer Otherwise James 2.3 Are ye not then partial in your selves and are become judges of evil thoughts Then do not bespeak Grand-Jury-men to make fish of one and flesh of another but either spare all Non-Conformists or spare no Non-Conformists small nor great Lay-man nor Clergy-man Bishop nor Arch-Bishop Dean nor Chapter Singing-men nor Singing-boys Register nor Sumner no nor Justices nor your selves Grand-Jury-men spare all or spare none from the greatest to the least from the Bench to the Bar. Dost thou say no Non-Conformists ought to be sworn of a Jury Ha let me hear this again Is this Law That no transgressors of the Law shall be either Judg or Jury-man turn thine eyes inward look into thine own Breast and then tell me Is this Law What Shall no transgressor of a Statute be a Judg or a Jury-man not one Whoremaster Drunkard Extortioner nor Blasphemer Curser nor Swearer Or is the transgression of the Statutes for Uniformity the greatest transgression There 's no reason for that but we 'l admit it rather than spoil good discourse and then tell me thou silly Superstitious deviser and observer of Illegal Ceremonies thou Cloud that would overcast all Religion Dost thou think to escape the Inquisition by the works of Darkness Mists and Clouds of thine own making Art not thou also a Non-Conformist The Millenaries have long expected Christs Personal Reign upon Earth when the Saints shall judg the World but all in vain for now one Non-Conformist condemns another a Non-Con on the Bench a Non-Con at the Bar pretty I protest Vice corrects Sin Fait and Trot and by St. Patrick 't is well a fine Joy If ever Popery come to be the State-Religion as it was for hundreds of years in England then those that assert it for good Law That no Non-Conformist shall he a Jury-man has cut all our Throats defeated all our Estates Liberties and Properties with that one Breath Pestilential Breath For where are our Lives our Liberties our Properties our All by the Law if it be Law to have none but Conformists Jury-men if ever we live to see none but Papists Conformists which is not impossible This it is to wyre-draw the Law only to serve a trick or a turn or a present occasion this furnishes the Papists with a fine lash to slash us and by Law too our own Law Judges and officers saith God Deut. 16.18 19. shalt thou make thee in all thy gates which the Lord thy God giveth thee throughout thy Tribes And they shall judg the people with just judgment Thou shalt not wrest judgment thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wife and pervert
lay their Heads together yet with all this Aid 't is impossible to prevail against God and his Truth Did you never see a Grey-Hound stare when he had lost a Hare in an unhappy Bush that stood by the way just when he was at the very clique and gaping to mouth her even so have I seen a cunning Politician stare as if out of his Wits or at least at his Wits end when some sudden cross Providence by him call'd strange acciden has given his Devilship the go-by then then to see him stare and stamp fret and curse rave and roar like a Lyon in a Graté that would be mouthing but for the Barriers Go then you subtile Persecutors fret and be molt in your own fat and live like the Green-land Bears in Winter upon your own Grease as long as it lasts whilst Truth like Muscovy-Wives and th' Walnut-Tree The more they are beaten still the better they be Well this I 'le say for the Pope and a sig for him but we ought to give the Devil his due much more the Arch-Bishop of all Bishops the Pope I say give him his due builds the Fabrick of his Ecclesiastical Policy rationally if his Foundation were true But Protestants do not that consess themselves and their Churches fallible and frail as does the Church of England in her 19th Article of the 39. For what non-sence is it for any Man or Church to Curse and Damn a Man for a Heretick when we confess our selves that we are fallible and consequently may err in our Judgment of the Man or his Faith Shall blind men shoot a Crow I hate this Hitty-missy Whereas the Pope grant him this Theoreme that he and his Church is infallible is in the right on 't let him Curse who he will and from Morning to Night for ever and aye for if he be infallible he only can draw this Sword of the Lord Excommunication and yet be secure that he fights not against God which Protestants that confess they may err even in matters of faith can never be sure of 'Till the Church then can get eyes to see and discern right from wrong infallibly and a Sinner from a Saint and a Believer from an Infidel and Truth from Falshood indisputably and not fallibly and uncertainly let them down on their knees and pray for the Conversion of one whom they judg an Infidel and then leave him to his Maker to stand and fall and pray to God to tye up their hands to the good Behaviour to Charity Meekness and Humility wherein they can never err which would well become them better than all this Ecclesiastical-Artillery which has ruin'd Christendom and rather let them break than uphold this Money-Trade and Merchandize of Souls especially in this her weak and Militant State How have the Churches the Councils the Fathers the Canons Clash't and Thwarted Curst and Condemn'd one another to the Pit of Hell it would make a man's heart ake to read Ecclesiastical Histories and to hear the pious Bishops complain that they never knew any good come of any Convocation of Bishops Councils nor Synod-men and one Guelt himself to make himself Canonically uncapable of Lawn-Sleeves How did the whole Christian World who were all Arrians and deny'd the Divinity of our Blessed Saviour Curse that poor single Non-Conformist Athanasius Nick-naming him Sathanasius Banish't him and Suborn'd false Witnesses against him and try'd him for his Life for Murder whilst on the contrary our Church of England declares that no man can be saved that does not believe all the Creed of Athanasius and the Comment in words of his own not in Scripture-words of the Holy and Sacred Trinity made by him Though a man does believe the Holy Trinity declar'd in Scripture yet if he will be saved he must believe all the Athanasian-Creed I do not know any man that does not believe it But all the Common-Prayer-Books in the World and all the Acts for Uniformity nor all the Kings and Parliaments in the World can never make any thing true that is really false nor make any thing false which the Holy Scriptures plainly says to be true As for example suppose there be some mistakes in the Common-Prayer-Book by salfe Printing or in the Table to find Easter for ever yet it is Statute-Law But that cannot make a thing true which is Mathematically false nor can any Statute make a Child of God a Child of the Devil though Anathematiz'd for a Heretick And how good Bishops have bewail'd the Diocesan-frame in our days see pious Bishop Hall's Consession of the Corruptions in Church-Governours and Goternment I am not singular in his Modest Osser and Peace-maker See the Incomparably Learned Bishop Vsher's Model See Mr. Alesbury's Confession especially p. 21 24 28 104 169. See Mr. Baxter of Episcopacy or in short the Postscript thereof See Dr. Stillingsleet's Irenicon how does self-interest hoodwink the wise writ before he became a Dignitary-Ecclesiastical Or see Bishop Ganden's Hiera Epist particularly p. 263 and 287. with which I 'le conclude I neither approve or excuse the Personal faults of any particular Bishops as to their exercise of their Power and Authority which ought not in weighty matters to be managed without the Preseuce Counsel and Suffrages of the Presbyters such as are sit for that Assistance The want of this St. Ambrese St. Hierome and all sober men mark that justly reprove as unsafe for the Bishops and Presbyters and the whole Church Now I have done at the long run with my Naked Truth expos'd to the World without Power without Friends without Worldly Interest to support it It is usually thus those that worst may are often put to hold the Candle to their betters yet like Link-boys many times get not of the Gallants but a kick for their pains But I 'le shift the better having a King to Friend a Glorious King to Patronize me and vouch against all Bloody Religions Charles I. Eik Basil Advice to his Son our Gracious Soveraign Charles II. in these words In point of true conscientious tenderness I have often declared how little I desired my Laws and Scepter should entrench on God's Soveraignty who is the only King of Consciences ' My Counsel and Charge to you is that you seriously consider the former real or objected miscarriages which might occasion my Troubles that you might avoid them Will nothing but Sanguinary Counsels yet please Are we no further yet from Rome Not yet Dost thou not feel me Rome Not yet Is Night So heavy on thee or my weight so light May Church of England say Have we so long Been quitting Rome yet not quite from among Christ and his Church by Blood are glorious grown But not by others Blood but by their own Whilst Antichrist and 's Church are Monstrous grown By shedding others Blood but not their own Bless us the Monster Yawns and Glares don 't start In nomine Domini stand speak say What art A Bishop sayst the Devil thou art more like Or Munster's Bishop made to hew and strike Black mouth to damn and Bloody Arms to fight When Hand-cuff't good we 'll do the Devil right Of Flaming-Comet long since have you heard With Tayl hung down to Earth and grisly Beard I 'm skill'd i' th' Language of the Stars and know That horrid Meteor what it meant 't was thou Thou Bonner London's Bishop seem'd to be Arm'd with this Hellish Black-Guard Cap-a-pee Ordain'd it seems and good for naught but harms Like the French Bishop Odo clad in Arms That Coat of Mail ill suits that Coat so Gay Filii tui Haeccine Tunica Satan once came like a Py'd-Piper now This was a Fiend in Jeast in Earnest Thou By the Black-Regiment Martyrs chose to die That Naked Truth might live and so will I. After the French Religion must we Dance Now Persecution's A la mode de France Or shall the French find fairer Quarter here Than we to one another make appear A Bishop sayst Thou ly'st Him Cornet call Of the Black Regiment that Gaols us all FINIS ERRATA THE Introduction Page 4. Line 30. for every word in that weeks Read most words in the two Weeks p. 42. l. 14. for efflagitantes sollicitescit read efflagitates and sollicites it with several other escapes by reason of the Author's absence from the Press but not many