good Even so The wise States-men have made such excellent Laws against Oppressors Extortioners Promoters Suborners Common Informers and the like Animals that rend and tear the Kings poor Subjects and Lambs that Encouragement is given by the same Laws to every right Englishman and true Protestant that will put the same in Execution against them he shall not only benefit the publick but himself also and deserve well of his King and Countrey For who can without great Regret and check of Conscience connive at much less Countenance such publick Scandals Oppressions Grievances Offences and Delinquency's Did our blessed Saviour or his holy Apostles curse them that refus'd to pray with them or refus'd to hear them preach and yet they were infallibly in the right Some of the more furious Zealots amongst his Disciples once and but once call'd for fire from heaven to consume those that rejected them as Elias did but our Redeemer presently Rebuk't the evil Spirit and cast it out of them saying see know not what manner of Spirit ye are of Did the Apostles drive men to Pound or the Jayl with any or all their Ecclesiastical rods and then replevy them and redeem them but never without Money in the case Did Christ or his Apostles whose Poverty and Self-denyal taking up the Cross was a qualification as absolutely necessary for a Follower of Christ and Successor of the Apostles as was Faith Hope and Charity did they by any Ecclesiastical Engine feel their Pockets get dominion or wreak their malice and revenge or truckle to Polititians to make their Spiritual Weapons Tools of State wherewith to do a State Jobb Did they either make money of Souls or of Sins Did they call to the Jaylors Hang-men or Bumbaylies to come and help them and lend them à hand to carry on the Gospel Did they either force or fright men to Heaven or scare them out of their Wits or out of their Consciences or out of their Purses or out of their Freedoms Liberties Estates Birthrights or Temporal Inheritances which he confest himself were exempt from his Ecclesiastical Jurisdiction not hooking it in as the Pope and others do with the old Popish Cheat in ordine Spiritualia taking away their Temporalities in order to their Souls health Our Blessed Saviour taught us not this cunning nor these medendi methodos new ways of Cure and Arts Empyrical Men never sooner cry out then when pincht of their Liberties or pincht by the Pocket especially if Spiritual-men be active in it they are apt to cry By what Authority do you these things and who gave you this Authority The old Prelates in King James his Reign calling themselves the Church of England in their Articuli Cleri presented to the King and Councel against all the Judges confest judiciously where their great Sampsons strength lyes as to their Ecclesiastical Jurisdiction not in the least mentioning God nor Christ therein neither the Prophets Apostles nor the Gospel for it their modesty is Comm endable because no such Ecclesiastical Jurisdiction Spiritual nor Temporal is found in the Holy Bible But very plainly and open heartedly they avow without dissembling the matter in the least That the chiefest Temporal Strength of their Ecclesiasti-Jurisdiction is Imprisonment upon the Writ de Excommunicato Capiendo Implying that if their Sampson's-Locks were cut they would become weak as other men And if this Royal Statute I Edw. 6. 2. be in force all their Processes Ecclesiastical Significavits Certificavits in their own name and not in the Kings name must all be illegal and consequently all Capiesses and Imprisonments thereupon Illegal and ill grounded Therefore no wonder if men concern'd do stand up stoutly to keep this Law down For if it rise up in Judgment against us what will become of us or if all the standing in the world cannot bind it down For the Law at long run is too hard for any man alive I profess The old Prelates knew how it concern'd them to hush it down when it seem'd to rise up to fright them by being unloosned primo Jacobi having long been fetter'd and bound down primo Mariae And it was honestly done of them to confess that their strength did lie in the Writ De Excommunicato Capiendo why should men ly for the matter especially in a case so plain and palpable We are all agreed that Commissaries Officials Proctors Registers Sumners and all that drive that Sell-Soul Trade are not found in Gods Word If therefore it shall appear before we have done that they are not of the King neither prethee tell me if thou canst who they are of This Province I know would be best managed by a Lawyer yet it is not his Peculiar nor Exempt from the proper Cognizance of a Divine especially in Reference to such Statutes as this of 1 Edw. 6.2 which relates only to Divines and their Surrogates especially to such Divines as I am to wit a Bencher and Judge Ecclesrastical 'T is true I only state the Case for it is the Kings Judges that onely ought to determine its Validity And well are they called in Law his Locum Tenentes because by Partiality Timidity Corruption or Injustice they have not only been charg'd with breaking the King's Oath thereby as well as their own put have had their Necks broke at the Gallowes for their pâ—iâ—s Nor since this question was first started 4 Jacobi did any of them I will â—â— say they durst not decide this Quere Judicially For the Judges may declare the Law but never a man in England can either make or Repeal a Statute out of Parliament 't is Fatal to him if he attempt it And I 'le speak a bold word I believe the Ingenious Reader will conclude before I have done that all the thâ—n in England are not able to speak one reasonable word against the Validity of this Royal Statute thought so necessary for the Preservation of the King's Supremacy and Royal Prerogative after the Popes-head was decollated that it was the first Statute that ever was made except that concerning the blessed Sacrament to be taken in both kinds after the Reformation In the Reign of Edw. 6. For his Father Reform'd indeed the Monasteries into his Pocket but liv'd and dy'd a Zealous Papist CHAP. II. ANd if in handling this Serious and Solid Argument The Reader happen to meet with an Angery expression sometimes which he deems too light for the Gravity of the matter in hand let him know there is not a word here writ till well ponder'd and of Set-purpose For which mixtures I have the Oracle of the Law the most incomparable Cook for my Warrant as well as Copy and President recommending the plain down Right Arguments of Law in his Institutes by Interlacing them with Poetry and vivid Humanity therefore rendring them more Amâ—aâ—le and acceptable Or if you please He Damask's and Waters his best and strongest Stuff And I to speak in his own Phrase I mean the Cooks
no very seasonable time for a Judge to declare a Statute to be null and void that never any Judge as yet did upon the Bench take upon him to do since 1 Jacobi reviv'd it by Repealing its Repealer 1 Mar. 2. And truly whilst Ecclesiastical-Courts did little else but prove Wills and now and then get a few crack't Groats from a poor fearful Church-Warden rather than contend with them and some such little business most men past them by through contempt As not daigning to trouble themselves with medling with them though in that little they did They opprest and still do oppress His Majesties Subjects most impudently by extorting excessive Fees in despight and defyance of the Statutes to the contâ—â—y Impudent Registers But there is this to be said for them by way of Apology That when they give some hundreds of Pounds for the Sell-Souls-place they must make their money of Sins and Souls which yet is contrary to their own Canons I profess I have many times long together been puzling my self by studying what those Ecclesiastical-Fellows in their Ecclesiastical-Courts are good for or what one good thing they do every Creature of God is good for something but now I think on 't they do not pretend to be purely of Gods making there 's nothing in holy Scripture that is alike to their Constitution nor by what has been here said will any man that I know venture to say they are purely of the King 's making Legally if they live in defyance of the Kings Laws and refuse to use the Kings Name Style and Seal in their Processes Ecclesiastical enjoyned by the Statute I have been in Popish Countreys and there I have seen a Crew in many things like them But God knows we Protestants do unanimously declare against Implicite Faith and yet the Ecclesiastical Jurisdiction from the first Citation to the end namely to Excommunication and the Jayl is much carryed on by Implicite Faith For the Judges believe the Bishops Significavit and Arch-bishops Signifieavits whilst they good men signify a man Excommunicated and yet never heard one word of the merit of the cause but the Judges believes the Bishops Significavit and the Bishop believes the Registers Certificavit which unavoidable comes if you do not stop the Registers hand with money to his content Oh sad estate of Christianity Christianity God bless the King and Parliament when it sits I mean and by all Tokens it is probable that they 'l soon resolve these Riddles and also not admit palpable Symony and Hypocrisy to Provoke Gods Wrath and Judgments upon the Nation by making holy Ordinances and Ordinations vendible and Gospel-Keys of binding and loosing once another Gift of God a money-business or Political Engine to take away men's Franchises and Votes when there is no other way to deprive them thereof I cannot think that Christ entrusted Anathemas to his Disciples to play them so frankly at a bold Rate fast loose He that eats drinks unworthily that is to a Politick Carnal End eats and drinks his own Damnation and he that opens and shuts Heaven and Hell-Gates binding and loosing using the Holy-Keys unworthily that is for low politick Carnal-Ends uses them to his own Damnation God will not be mocked CHAP. VI. I Doubt not but all that Read this must say that in this Tract I have done their business already to all intents and purposes A Law may sleep a Statute may lie Dormant as did the Act of Vniformity whilst the King's Act of Indulgence according to his Royal Word and Promise from Breda facilitating his Return did last but though Laws may be husht and lull'd asleep awhile nay a long time yet if they be not quite dead woe be to him that tramples on them for the Laws of England are so sacred that it has been observ'd they have been too hard for any man at long run that durst oppose them withstand them or stand in their way the Laws are called the Subjects best Inheritance I remember part of Sir Harbottle Grimston's speech in Parliament Anno 1640. concerning Spiritual-Courts was to take notice of an Insolence of theirs much alike to what has been heard of in other cases namely under a Religious Pretext to meddle with mens Franchyses Charters and Priviledges as English-men for says that Loyal Gentleman and true Englishman speaking of the Lambeth Canons of 40. and the Synod then there ` That the Synod called together upon pretence of Religion took upon them `the boldness out of Parliament to grant Subsidies and meddle with men's Free Holds Oh! How dishonourable is it to any Religion to palliate so much venome as under a notion of a Gospel Ordinance of Excommunication or the like to design to make men uncapable of a Vote or Freedoms Franchises and Charters especially if they seem to be affraid of nothing so much as that some should conform and consequently be capable of as many Priviledges as the Debauchee or prophane Libertine Christianity do you call it more like Ely's Sons or Simon-Magus Oh God! may not such well dread thy Vengeance Christianity do you call it The wisest of all the ten Persecuting Emperours was Dioclesian whose Conscience so tormented his Breast for Persecuting the Christians that he threw the Diadem from his hated head and hid it in a Garden in the obscurest Py-corner of the World But the Horrour of Nero's Visage is by Suetonius rendred so tremendous to behold after he vented his Cruelty upon the Christians that it would make a mans Hair stand on end to view him extantibus vigentibusque oculis usque ad horrorem visentium with ghastly Looks and frightful Eyes strikeing Horrour in all that saw him such was the Fate of this Persecuting Atheist Religionem usque quaque Aspernator as Suetonius calls him a Contemner of every thing that lookt like Religion And such are the brood of Simon Magus that make use of Religion which is intended for the Salvation of mens Souls only to the destruction of their Bodies and Estates Simon quoth he no Simon Magus was not thus Impudent he did his business indeed namely the money business and to be ador'd and Reverenc't forsooth But he did it by juggle and sleight of hand but the Son 's of Eli and Symonists like Ghosts long enur'd to walk appeared at Noon-day did take purses before mens faces Swagger Curse Anathematize Damn bluster In good time they were charm'd down In Nomine Domini Amen If ever you were in Spain or Portugal as I have been tell me what Monkey or Baboon is more contemtible than a sneaking perjur'd Hypocritical Ecclesiastical Property of State What more Ridicule then a fawning Spiritual Sycophant in Antick-Dress cringing with his Pin-Buttocks and hallow-smiles upon a Whore Atheist or Renegade that do but scoff at his ghastly Habilements of uncouth Guize and Shape Portentous and Prodigious Risum teneat is Amicâ— could ye have held from Laughing at the Holy Mymick
an impregnable reason for that opinion of his namely that all after and subsequent Statutes do vacate and make null and void all precedent Statutes that are contrary to them And though the 25. H. 8. 20. be a precedent Statute to 1 Edw. 6. 2 and consequently was by the same defeat ed yet 1. M 〈◊〉 2. Repealing the 1. Edw. 6. 2. and 1 Eliz. 1. reviving 25. Hen. 8 20. The Life of 25. H. 8. 20. Shall bear date onely from the Date of its Reviver 1 Eliz. 1. which gave it its life and vigour onely by that Second Birth and consequently is a Junior Statute and takes place of 1. Edw. 6. 2. otherwise the effect would be senior to its cause but cause est prior causato the Son can no more possibly be Elder than the Father then 25. H. 8. 2. can be Elder than 1. Eliz. 1. which alone gives it life and is the cause of its being aad motion Therefore 1. Eliz. 1. reviving 25. H 8. makes 25. H. 8. 20. an After-Act to 1 Edw. 6. 2. And nulls it so far as it is contrary to it This is the Learned Coke's reasoning aud it is pretty well But if the Oracle had not warpt sometimes as that at Delos by Demostehenes is said to Phillipiâ—â— through the underhand-dealing with the Priests so wise a man could not so Inconsiderately have over-shot himself For he needs no other Argument than his own to confound his said opinion he Sâ—abs himself with his own Keen Weapon which otherwise is irresistable through rashness Precipitancy haste prejudice or I know what For it is irresistably true that 1. Eliz. 1. reviving 25. H. 8. 20. makes it a Junior-Act and consequently to take place contrary to the Laws as aforesaid of Heraldry of its senior 1 Edw. 6. 2. Even as in a Feoffment made of Land holden in chief to the use of such Person or Estate as the Donor shall give or dispose in his Will Here the uses shall not opperate by way of Feoffment but onely as a Testamentary Device which cannot bear Date nor Life from the Feoffment but from the Will post obitum Testatoris nam viventis non est Testamentum And yet the Feoffmene is good but onely in Embrio and without Life or motion till the Will operate and give it life And therefore in construction of Law notwithstanding the Feoffment which the Donor made in his life time yet he shall dye seized and his Wife shall have Dower because the Feoffment notwithstanding its Date and delivery in the life of the Donor shall be motion-less and life-less till The Will gives it life and vigour So also though it be said and truly too That the First-Feoffment in Law defeats the second and all After Feoffments yet if a man seized in demesue as of Fee make Feoffment as aforesaid to such Person and Estate as shall be given and declared in his last Will and Testament and then afterwards make a Second Feoffment to A. B. and his Heirs and then make his Will and dye giving the same to C. D. Here C. D. that had the Second Feoffment shall have the Land Because in Intendment of Law The Second Feoffment is the First Feoffment that has life and motion whatever be the Date thereof But my Masters Coke also says in the same Page and says true that by Repealing a Repeal the first Act is revived The Truth whereof he undoabtedly confirms in the next foregoing Page p. 687. And this Stabbs and confounds his own opinion For 1. Jacobi reviving 1 Edw. 6. 2. the life and date of 1. Edw. 6. 2. shall be accounted onely from the Date of 1. Jacobi the author of its Being and the Father that gave it life and motion knocking the Shackles off wherewith Queen Mary had bound it â— and consequently 1 Edw. 6. 2. being as young fresh and youthful as Primo Jacobi It shall vacate 1. Eliz. 1. 1. Mar. 1. and 2. Phil. Mar. 8. 25. H. 8. 20. And all other Statutes made before I Jacobi if they be contrary to it I wonder what all my â—retlâ—â—â— Prelateâ— in England can â—ry in answer to this For the â— Jacobi â—â—ust be repealed before the 1 Edw. 6. 2. which take its life and vigour from Primo Jacobi can be vacated And if the Lord Coke had suffered himself to weigh this Argument by bit own Scâ—ales he would not have busyed himself with the three fold Cord he talkes of which is so easily broken by the strength of his own Maxâ—nes of Law Sie sum Facili rumpitnr tripleâ— Fasciculus For 25. H. 8. 20. is yet in force but that the 1 Edw. 6. 2. made it null and void by establishing a Junior and Fresher Constitution in the Room of that old Frame by Conge Dâ—slieâ—â— and Elections thereon which 1 Edw. 6. 2. calls Pretences Colours and Shadows onely and derogatory and Prejudicial to the Kings Prerogative-Royal Which Prerogative-Royal by clearing up the the vigour of this Statute that has long lain clouded and obscured by strange Arts If I have surely vindicated I hope no man will deny but I have deserved well of my King and Countrey And upon the whole if Curst Cows happen tohave short Horns what Harm Where 's the Scandal or Inconvenience CHAP. XI Obj. OH But still say some It must not be admitted that the â— Edw. 6. 2. be in fore Why Because the Judges have been of another opinion Answ I answer it does nor appear that ever they judicially declared themselves to be of another opinion some Judges have given their opinion against it extrajudicially and so also some Judges ten of the twelve gave their opinions for the Legallity of Ship-money to King Charles 1. And the same King in Parliament condemned the said opinion by Statute as contrary to Magna Câ—arta The Petition of Right and many other good Laws Judges have been frail to their Ruine If Judges therefore will warp and give opinions against known Statutes against their Oaths their Consciences thereby breaking their own as they have been said to break the Kings Oath They are the vilest of men and do merit the worst of Punishments But on the contrary This is no novel opinion The choice Lawyers of this Land have declared themselves that this Royal Statute is in force and not onely so but that there is all the reason in the World that it should be in force and that in acknowledgment of the Kings Supremacy in all causes and over all Persons as well Ecclesiastical as Civil There is all the reason in the World that Writs and Processes should run in the Kings Name in Ecclesiastical-Courts if they be indeed his Courts as are the Temporal-Courts and kept in his name and not in the name of a Commissary Official or I know not who If I say they be the Kings-Courts and he the Supream Head Ecclesiastical however the Pope has formerly usurp't What a fine thing it is to have the Kings Subjects run
as when they Swear the Oath against Symony and Obedience to the Canons in force and yet exact Money for Baptizings Burials Marriages c. all which are contrary to the Canons whereunto they Swear Obedience Poor-hearts but few of them surely know those Canons or know what they Swear to for if they did they durst not surely break their Oaths every day Canonica Obedientia sayes Linwood est Obedientia secundum exigentiam Canonum Canonical Obedience is Obedience according to the Canons meaning the Canons in force Those that are not made nor confirm'd by Act of Parliament are not Laws nor are we Sworn to Obedience to them but those made before 25 H. 8. we must obey if they be not contrary to the Laws of the Land or be Forsworn let me tell you friends mine Now it is not contrary to the Laws of the Land though a Bishop take no Money for Letters of Orders Institutions c. or if Ministers Marry Baptize or Bury People without exacting Money but on the contrary very pleasing to the Law which has provided Glebes Tythes and Offerings for the nonce to pay us once for all Oh! What a Cage of unclean Birds are we from top to bottom unclean unclean Firmiter Inhibemus ne cuiquam pro aliquâ pecuniâ denegetur Sepultura vel Baptismus vel aliquod Sacramentum Ecclesiasticum vel etiam Matrimonium contrahendum Impediatur we firmly enjoin that neither Burial Baptism Matrimony nor any Ecclesiastical holy Duty or Sacrament be denyed to any man though he will not give a farthing for them And Lyndwood sayes upon the Text and Gloss nothing ought to be demanded or required for Burial in holy ground whether in the Church or Church-yard neither for the Ground nor for reading the Office of Burial the Benefice being enjoyed therefore by the Incumbent for the Tythe-fleece is given to the Shepherd for his hire in full And if the Priest refuse to Baptize any Infant or one of Age except he give Money the Sin be upon him but the Party desiring it though he dye Unbaptized shall have the benefit of the Baptism of the Spirit though he want Water-baptism Nullo modo deberet pro Baptismo pretium dare sed potius absque Baptismo Fluminis decedere suppleretur enim ei ex Baptsmo Flaminis quod ex Sacramento deesset men ought rather to want Water-baptisme than give so much as a penny for it because it is Symony sayes Lyndwood both in the Buyer and in the Seller how thriving a Trade does this Law spoyl except men will persist in Perjury breaking their Oath of Canonical Obedience in exacting Money for Baptsm Burials or Marriages of which last Matrimony the Ecclesiastical fellows drive a very subtle Trade Oaths are but Oaths they think surely Dare vel recipere aliquod temporale pro spirituali Symoniacum est sive detur pro Sacramento sive pro Officio sive pro Oratione secundum quod ly pro notat Apprecationem It is Symony either to give or receive any temporal Commodity for a spiritual commodity whether for the Sacrament or for the Office or for the Prayers by way of contract bargain and sale It is Symony to exact Money for Sins nam Deus Omnipotens cujus omnia sunt pretium quodlibet pro delicto non accipit for Almighty God takes not any Money for Pardon of Sins nec pecunia recipiatur a subditis pro Crimine vel delicto notorio let no man dare to receive Money of their Inferiours for Crimes or Offences be they never so notorious It is Symony for a Bishop to take above Six pence for Ordination which Six pence goes to the Secretary or Register for Wax Parchment or to take above Twelve pence for Institution Induction Certificates and all and against the Oath of Canonical Obedience Lord forgive us what will become of us For sicut non decet Episcopum manûs Impositionem vendere ita nec notarium nec ministrum eorundem nec calamum nec ministrium venundare sayes the Canon as a Bishop should not sell Letters of Orders so neither should his Secretary Registers or Servants sell Quills or Parchments Pens Inke or Wax Nam ordinarii suis tenentur ministris stipendia constituere quibus debent merito contentari pro sigillatione literarum aut mareschallis pro Introitu seu Janitoribus Hostiariis vel barbito useribus c. For the Ordinaries ought to pay their Servants their Wages to their content and not make poor Priests when they come to their Bishop for Ordination or to other Prelates like my self for Institution Collation Induction pay the Porter to let them in and pay the Porter before they get out neither also to pay the Bishops Grooms Butlers Barbers c. It is against the Oath of Canonical Obedience to remove from a poor Vicaridge to a rich Rectory or a poor Bishoprick to a bigger and better that is a richer God forgive us It is against the Canons in force if Bishops and Priests have not Shaven Crowns as the Popish Bishops and Priests have for the Canons that enjoyn it are in force because not contrary to the Laws of the Land though a Bishop or Priest be shaved as bald as the back of my hand nay it is suspension ab Officio for six Months to wear long Hair or a long Beard or Pendules at the Ears or not having a Shaven crown or Rings on their Fingers c. and if they persist in such uncanonical Deportment they ought to lose their Benefices 'till they repent and then not to be absolv'd 'till they have given the sixth part of the Profits of them to the Poor It is against the Canons for a Priest to marry a Widdow or being a Widdower to marry a second Wife and against the Law of God too if bigamus sound as much as the Husband of more than one Wife and also the Wife of more than one Husband And such ought to be degraded and deprived by the Canon Law that have Married a Widdow there are Maids enow what need have Priests to be bigamus It is against the Canons for one Priest to take another Priests Goods or Money from him of which even our Statute-law is so tender that it is not lawful for a Sheriff or Bayliff to take or Distrain a Clergy-man's Goods out of his Parsonage-house for Debt in other places he may but not in the ancient Ecclesiastical Indowments Thus careful has the Laws been that Clergy-men should not be like Pikes and Sharkes the greater swallowing up the lesser Fry little things would live though they be not great nor fat nor overgrown and as careful also to keep the Layity from their Covetous gripes in not being forc't to pay twice and besides Tithes to pay also for Marriages Baptizings Lectures Burials a very subtle Trade no more I hope though to be followed for the Oaths sake the Oaths against Symony and the
said to the frequent breach of the Oath of Canonical Obedience which also is daily broke by extorting Money and selling Prayers Ordinations Institutions Lectures Sermons Baptizings c. Here 's rottenness all over Besides also many Inhumanities Vexations Extortions Imprisonments Grievances and Oppressions that have within these thousand years been used in Spiritual Courts are against the Law of Nature and not the least colour of them in the Law of God and some point blanck against the law of the Land Was there ever the like known that men should not fear to trample the Sacred Laws under their foot if they make against them and at the same time hale in each Tittle of the letter of the Law against Dissenters when there is so much Dissention amongst themselves so little Congruity or conformity either to one another or to the Act of Vniformity But the sin is greater when Holy Ordinances and Holy Keyes become Snares to catch away mens Liberties in civil matters and will be an addition heaped up and running over that a man would wonder how it is possible for so much rottenness and corruption when it happens should subsist A Bulwark against Popery some men talk of go make a Bulwark of nothing but rottenness and tell me what it is good for especially if the rottenness and corruption is of the same nature with that Popish filth that was brought from Rome by Augustine that vilest of Monks as aforesaid CHAP. XV. A Bulwark quoth he and Court-christian Court-christian was so called sayes Coke because That as in the secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should should that was well put in rule and direct for which cause the Judges in those Courts are Divines Ay we are fine Divines as Archbishops Commissaries Deans Archdeacons c. A very special Christian Regiment of which not one such name is found in the holy Muster-roll of Scripture Linwood sayes Curia christianitis in quâ servantur Leges Christi Court-christian so called because in it is observ'd the Laws of Christ whereas in the Kings Courts are observed the Laws of the World Optime opponis Domine the Kings Laws the Kings Courts set in distinction and diametrically opposite to the Laws of Christ and Court-christian I profess the King and his Courts are strangely beholden to us Laws of the World quoth he yea but Laws Ecclesiastical they call the Laws of Christ our Courts Christian forsooth in distinction from the Kings Courts our selves Divines in distinction from earthly Lay-men that mind the World and worldly things our selves Spiritual persons in distinction from the carnal Layety and our Courts Spiritual Courts in distinction from the worldly Kings Courts Well I commend them for giving themselves and us a good name and a good word becoming our own Trumpets to commend our selves for if we did not who strives to do it the Papists indeed were barbarously Inhumane Soul-sellers Cruel Revengeful Mischievous constant Friends to the Devil and the Gaol but had the Law of the Land on their side for their black deeds But some men Oppress Extort Money for Gods Gifts Illegal Fees in high and open Contempt of the known Laws of the Land and in defiance of their own Oaths against Symony and their Oaths of Canonical Obedience And moreover if the 1 Edw. 6. 2. being the last Statute that ever was revived concerning Bishop-making and Ecclesiastical Court-keeping be in force as I doubt not in the least that any body will deny then to all wickedness is added the greatest Insolence Scandal and daring Triumph over the Laws that ever any Chronicle does mention or record CHAP. XVI AND Blessed be God that has in his Providence so order'd it that out of the Eater is come forth Meat and out of the Strong sweetness to me through the Strength Interest Malice and Power of my Adversary A Power that by bereaving me of my capacity of being a States minister or receiving the States pay has thereby not only given me leisure and occasion Oh deep Polititians not only to pry into their Constitution and observe their Motions but also has thereby emancipated my Judgment and knockt off those Shackles wherewith it might happen to be feterr'd byas't warpt or bended the wrong way through Self-ends or private Respects Interest too frequently Bribing and consequently Blindfolding the Judgment that it cannot discern light from darkness nor can I deny but that in composing this little Treatise I have had more than ordinary help and assistance Divine to discern further and yet undeniably true into the Validity and force of this so needful Statute so long despised by men that talk much of the Kings Prerogative when it serves their own ends To which also I cannot say but they might the rather be inclin'd by the Lord Coke but whether they wrought him to it or he them 't is not a pin matter Ignorantia crassa non excusat For As it is most certain that an after-Statute vacates and makes voyd all precedent Statutes that are contrary thereunto And as it is also as certain as that every child is younger than its father the author of its life and every effect junior to its cause so also certain it is that this Revived Statute must date its life and force from 1 Jacob. and therefore vacates 1 Eliz. 1. 25 H. 8. 20. 1 Mar. 2. 1 2 Phil. Mar. 8. and all other Statutes that make Bishops of any other fashion or send Writs and Processes in any other name than that Statute does direct and enjoyn And though this Argument alone unfetters it from Coke's threefold Cord wherewith he endeavours to bind it down yet 't is ex abundanti and more than needs For his second Cord is untyed and loosed by saying as aforesaid that It is Impossible any Law should aim at the doing any thing which is Impossible to be the aim and mind of the Legislators But it is Impossible that the repeal of 1 Edw. 6. 2. could be the mind of the Legislators because there was no such Statute in being to offend them or to need their repeal And besides the 1 2 Phil. Mar. 2. is not contrary to 1 Edw. 6. 2. For though they may be diverse they are not contrary but may very well subsist together For the Pope may keep his Supremacy though Processes Ecclesiastical did run in the Kings Name As well as the King may keep his Supremacy though Processes Ecclesiastical run in Doctor Exton's name or Pinfolds name Therefore it was below the Ingenuity of the learned Coke to mention such a frivolous Cord that is so easily broken The third Cord seems the strongest as to the repeal of the first branch of 1. Edw. 6. 2. though it is very idle and insignificant as to the other branch of the Statute concerning keeping Ecclesiastical Courts in the Kings name For 25 H. 8. 20 only allows Processes Ecclesiastical as
heretofore used c. so that they be not contrary to the Laws of the Land Wherefore here is apparently Petitio principii and the Learned Coke first prevaricates in reciting the Statute and yet leaves out the material words that limit it well knowing that otherwise this fallacy would be discern'd in begging the Question For he would prove Processes Ecclesiastical used as in Popish times to be legal by 25 H. 8. 20. so that such Processes be not contrary to the Law of the Land Taking it for granted that 1 Edw. c. 2. is not the Law of the Land quod restat probandum He clearly begs the Question taking that for granted which is the point in controversie and which he ought to prove by other mediums than what is in 25 H. 8. 20. because that Statute authorizes no Processes but what are according to Law and therefore much less can it make any Law voyd or be a cord to bind that wherewith its self is limited bound and confined I know he sets up the 1 Eliz. 1. like a Shrove-tide Top only that he may play at it and throw it down but we need not fly to 1 Eliz. 1. there 's no occasion for its repeal of 1 2 Phil. Marry 8. as to this particular yet it does repeal it The first and strongest and onely Cord that he confesses did bind it was but only temporary during its own force and whilest it had strength for how could it bind any thing any longer than its own power and vigour lasted But 1 Edw. 6. 2. reviving as he confesses by 1 Jacob. except it have been repealed since primo Jacobi It seems without further question or controversie to be in force And above all which accurate Lord Coke never mentions and would not at least did not think of he needs no other arguments to defeat his own three cords but his own arguments onely turning the poynts of them against himself For if an after-Act shall vacate all former Acts that are contrary to it and if the Life of 25 H. 8. 20. shall be accounted an after-Act to 1 Edw. 6. 2. though its first life was before it bearing date only from 1 Eliz. 1. the author and cause of its present life and motion which is also as true as that causa est prior effectu So also by the same reason must 1 Edw. 6. 2. be an after-Act to 1 Eliz. 1. 1 2 Phil. Mar. 8. 1 Mar. 2. 25 H. 8. 20. bearing date primo Jacobi the Author and cause of its present life and motion and therefore must make them null and void in every thing that is contrary to 1 Edw. 6. 2. revived 1 Jacob. And if this can be answered by all the men in England I will for ever hereafter throw away my Pen and forfeit my Reason to the Master of New Bethlehem And indeed that is the fittest place for me if the force of this so long-abused Statute be not here made evident to all rational men But on the contrary Bedlam is the fittest place for them that have insolently contemn'd and trampled on this Royal Statute and thereby brought such a horrible Scandal and Inconvenience if it be in force For if that Statute be in force how many lawful Bishops lawful Priests or lawful Ecclesiastical Courts have we in England But let the great Scandal lye at the right door whereto it belongs and let them that have been guilty of the sin bear also the Shame and the blame and be accountable for so great a Scandal and punisht accordingly look to it the Laws are too hard for all Opponents whoever they be in conclusion and at the upshot therefore it concerns some people to fence with all their force and might and all to no purpose but their own Confusion How can a corrupt Tree bring forth good fruit CHAP. XVII AND now I have done my business and also I have done the business of some Ecclesiastical men to all intents and purposes some will say and have shown what sad fellows they are though I confess some of them are my fellows yet I blush for them and should blush more to be seen in some of their Companies yet I care not how soon now I come into their clutches if their Nails were pair'd so short so short He that values any thing more than Christ Christ sayes is not worthy of him much more unworthy of him are those that value their Malice and Revenge more than the Propagation of the Gospel 'T is well that God is and must be just and therefore there must be another day of Reckoning in another World where Truth shall not stand at the Barr and be Arraign'd whilst Hipocrisie Symony Atheisme Debauchery Cruelty and Dissimulation sits on the Bench. But Gods Will be done on Earth as it is in Heaven he best knows what is best for us in this Life nor would I eat of some mens dainties to have their Bosoms Cares Terrours and Distractions here though I might be excus'd from paying their Reckoning in another Life 'T is true God hates Hipocrisie and it will never do a man good in another Life But in this Life It is as good as true Religion to such kind of States-men and Machiavilians as make no other use of Religion but in Policy and to amuze the vulgar A Horse painted in cloath which is not perspicuous is as good as a living-stalking-horse to catch Woodcocks that cannot see thorow it Hypocrisie then is good for something it will serve to catch Woodcocks in a State if it be so Substantial that the Woodcocks do not see thorow it but if it be apparently and visibly Transparent it is useless and good for nothing in the World it will not serve so much as to cheat withall no more than false dice after they are discovered apparently where and how even so any Church though it be not true yet if it retain but the face of Religion and look like Piety to see to it will serve well enough in States-policy where they are indifferent and careless for any more than to set a good face upon the matter as at Rome But that Church that retains not so much as the face of Piety but that it is a step to Preferment but to pretend to Piety or look soberly and demurely when the very outside Hypocritical-mask and Vizard of Religion is quite thrown off and cast aside through palpable and apparent Symony extorting Money for Gods Gifts for Ordinations and for all Gospel Ordinances to the daily and constant and apparent breach of their Oaths against Symony and their Oaths of Canonical Obedience and also through their Avarice Malice and Worldly-mindedness above all other People Pride Insolence and Cruelty above all other People Formality Dulness and coldness in Devotions above all other People Loosness of Conversation Oppressions and Extortions above all other People fighting against their Adversaries to wreak their Malice serve a turn or State-job and mischief
mens earthly Liberties with the Keyes of the Church thrown at them my Friends in such a Case the very face of Religion and Vizard-mask of Religion is thereby thrown off so that it is neither useful for Heaven nor Earth neither for God nor the State it will not serve so much as to catch Woodcocks Hard is their hap that are forc't to follow erroneous Guides and illegal wayes or upon refusal to be Anathematiz'd Gaobd and then their Liberties Franchises and Purses taken from them and without or against Law too Nay and worse namely be Anathematiz'd and Curst by them that have no more Law no more Commission no more Power or Authority neither from God nor man to Curse than had the false Prophet wicked Balaam to Curse the People of God Sad choyce to be forc't to lose Heaven or else Earth or else both Good God! that ever men whose Ancestors baffled the whole Power of France Scotland and the Pope united bringing the French King and the Scotch King and the Pope captive and Prisoners at the same time should be such a degenerate Brood as to be frighted out of their Wits with Shadows and out of their Rights and out of their Consciences and their Liberties with Illegal Curses Oh! unhappy of all other is their fate that are overwhelm'd with filth over run with Diseases and old spreading Vlcers that grow worse and worse and run down with Rottenness and Pierc't Hackled Tortur'd and Mangled with dull Tools that are rusty and corrupted all over Let no Catchpole here lye at lurch for I shall have abundance of Readers that deserve that Name setting themselves to read this little Book with no other design but only to find somewhat therein which they can so far stretch with their Scurvy-teeth as to wire-draw it so as to serve their turn to make a Snare of to catch me or my Bookseller such Ingenious Reception do all Attempts towards Truth receive amongst base minds hoping to beat mine own Weapons about mine own Ears But let them let fall their edgless Swords despair and dye though I doubt not but they will lye at catch and perhaps apply my Metaphors to themselves as the Pharisees did those of our blessed Saviour when cut to the Heart with his keen Parables they perceived he spoke the Parable concerning them but knew not how to help themselves But I in all this Metaphorical-discourse mean not any Religion in particular nor any Church by name whatsoever except that thin Religion and that ruiuous Church that was huddled up in hast and built upon Crutches and the foolish Inhabitants had rather it should fall upon their Heads than they will confess themselves Weak-builders such is that Pride and pretence to Divinity that Lucifer-like would gladly attempt to be like God Infallible as if it were already divested of Humanity and not subject to Errours Yet I say I mean no Religion no Church hereby but that thred-bare overworn Religion and that ghastly Church wheresoever it stands in the wide World whose rotten groundsels crazy Foundation apparent Dilapidations and transparent guilt Accuses and Condemns its self and is obvious to every Passenger that does but view it and cast his eyes or a serious look upon it For my Pen how keen and sharp soever some busie Censurers have judg'd it to be shall never cut mine own throat in hopes to scratch an Enemy though I confess a dull blunt Pen is useless and good for nothing because unfit to write with serving only to blur paper as good do nothing yet the acuter any Pen is the greater dexterity is required in the management and guidance thereof It is with Pens as with other weapons And Pen-men like Sword-men they are best that give the most woundly-smart blowes and thrust it home upon the adverse Party and make their Hearts ake again so they do it cleaverly fairly and upon the Square The onely skill lies in breaking the Adversaries head so finely and neatly that at the same time the nimble Fencer also guards his own otherwise he loses the reward as well as the Honour of the Prize he playes Miles Christi securus interimit securior interit sayes Bernard Yet I know also That there is no fence against a flail and that the greatest skill more is the pity may be over-powred with a dull strong fool by meer force power and main strength But that is no Disparagement to Art nor to the Gentle-craft of fencing which usually sends the strong Clowns away with shame and loss And for all their great strength marches the Great Blockheads off with a broken Pate sending them home at length by weeping-cross Great things are done many times by small means if we consider that single Shammah one of Davids Worthyes withstood the whole Body of the Philistines Truth and the Lawes may be opprest and supprest a while but never quite subdued for at length they will be strongest and too hard for any man alive The face of things do alter and do become of another Complexion at low-water-mark when the dry Land appears in comparison of what they seem'd when the Tyde run strongly and high when the flood comes rolling and Tumbling in the comfort is it is subject to vicissitude and change and to ebbe as well as flowe For there are three things namely The Sun The Truth and the Lawes all of them of so heavenly a nature that they alwayes shine bright in their own Firmament even when they are most beclouded as sometimes they are and Eclyps'd from mortal view But the Best on 't is They are alwayes in motion towards their former brightness as also are the Interposing clouds they are fugitive too and upon the goe So that though for a time they may seem dimme and obscur'd to earthly and only to earthly and sublunary Eyes yet when the mists vanish they regain and resume their wonted splendour nay look more lovely and beautifull after they have been maskt with a cloud The Profession of a Clergy-man is the best Profession the Calling most Honourable the Reward greatest But a corrupt or evil Clergy man is the vilest of Mankind Corruption of the best is worst of all For as no man is more honour'd reverenc'd or belov'd than a humble painfull Minister of Christ that seeks not his own advancement but the propagation of Truth and universal good to Mankind so what Creature more odious than a Clergy-man corrupted with Pride mischief cruelty malice revenge avarice yea an insatiable greediness after the world worldly Honours worldly Pleasures worldly Employments and gain not to be restrain'd by the fear of daily Perjury or taking Gods Name in vain As they do that do not only live in perpetual Perjury against their Oaths but also in Perpetual contradiction to their calling their Profession their Preaching and the Name of God or Religion Thou that Preachest against pride avarice perjury worldly-mindedness Cruelty Malice and Revenge hold up thy hand Art thou Guilty Well!
God send thee good deliverance for thou art in evil handling and the Devil has got a strong hold of thee therefore beware all ye that are Ministers of Christ beware Prelates Note by the way that by Prelates I mean what our canon-Canon-Laws mean generally by Prelates namely all Clergy-men that have cure of Souls For which cause I have here sometimes put my self into the number calling my self we Prelates in good time as if I was proud of the Title to be Cock of three for not more than three Parishes if I would be mischievous are under my Jurisdiction Ecclesiastical and therefore no man in his Wits can think that I have so little Wit as to be proud of that I have all along expos'd and care not one farthing for much less do I call my self Prelate in hopes to beggar any man that may hap to Scandalize my Hogen-mogen-Ecclesiasticalship but I call my self Prelate as the Canon-law calls me namely Benefic't-Clergyman for all such are Prelates by Law not for Prelating or being preferr'd one above another so much condemn'd and sorbid by our blessed Saviour to all his Disciples but because they are Preferr'd over the Flock in the Care Cure and Charge thereof and is a name of Burden more than Pride So the Canon de Sacramentis Iterandis vel non Sacramenta quorum Dispensatores sunt Prelati Ecclesiae Sacraments the Dispensers or Administrators whereof are the Prelates of the Church that is all Presbyters with cure so sayes the Glosse Praelati Ecclesiae Hic vocantur Praelati nedum superiores ut Episcopi sed etiam inferiores ut Archidiaconi Presoyteri Plebani Rectores Ecclesiarum postea quilibet qui praeest curae animarum dicitur esse Praelatus c. Prelates here called are not only the high flown as Bishops but the Inferiour-Clergy as Archdeacons Countrey-priests and Rectors of Churches and indeed all that have cure of Souls And if these lights be darkness how great is that darkness if these be corrupt what a nasty lump it is how Nauseous how Pestiferous how Infectious how Mischievous how contrary to the very letter and design of the third Commandment if the Name of God in their Profession Caliing Preaching and Prayers is Blasphemed by them daily by taking it in Vain through palpable Symony Perjury Pride Avarice Cruelty Malice and Revenge Therefore the Glosse upon the Canon-law de Officio Archipresbyteri concerning the duty of an Arch-priest does not only call wicked Prelates greedy Dogs that can never have enough but ravening Wolves malus Praelatus aliquando dicitur Lupus rapiens Praedam 83 di nihil An evil Prelate is sometimes called a Wolf snatching and devouring his Prey Quandoque Canis Impudicus 2 q. 7. qui nec sometimes a nasty Cur or unclean Dog Item Corvus 2 q. 7. non omnis a meer Rook Item sal infatuatum ad nihilem proficiens 2 q. 7. non omnis also Salt that has lost its savour and good for nothing in the World but the Dung-hill meaning perhaps that as in their Lives they seem only to be born fruges consumere nati to make Victuals dear by eating them up so they are useful for nothing but to make muck of to manure the Land with such filth and so like Hoggs they 'l be good for something when dead though good for nothing but to eat devour and do Mischief whilst they live therefore an evil Prelate is call'd a Hog Porcus 43 di in mandat Nay 35 di Ecclesiae Principes an evil Prelate is called a Capon Capo quia sicut capo non cantat sic nec malus Praelatus item non generat nec pugnat pro subditis item sicut Capo non vocat Gallinas sic malus Praelatus non vocat pauperes item sicut Capo se impinguat sic malus Praelatus ideo cùm quaerat epulis deliciis abundare ejicietur in ignem inferni that is As a Capon crows not so neither does an evil Prelate lift up his Voice like a Trumpet neither does he encrease and multiply the Brood nor yet fight for them but Craven-like possibly fight with those that are under his charge also as a Capon calls not the Hens about him chocking them to feed so neither does an evil Prelate call the Poor Also as a Capon sats himself so does an evil Prelate and therefore when he thinks of nothing but cramming himself with his dainty Morsels he shall be thrown into Hell Fire and then for all his Flutter he makes but a sad and miserable Exit For all Mischief like Cruelty and Persecution makes a Rod for its own back and becomes its own Executioner as well as its own Scourge Had not hard-hearted Pharaoh think you been a wiser man as well as a better man if he had been less mischievous for by losing the Bowels of humane Compassion he lost himself and his Party all that sided with him were not only partakers of his Sins but of his Plagues also perishing in the same woful end If I can do my Brethren a Courtesie you may be sure I will What not a Legal Bishop nor Legal Priest in England God forbid that must never be admitted and therefore though the Lord Coke's reason for 25 H. 8. 20. seems of no force at all yet 8 Eliz. 1. seems to cure us all if his Majesty please I hope we are all safe still the Judges only ought to determine it But what 's all this to justifie the Contempt of that Branch of the Statute 1 Edw. 6. 2. that enjoyns the use of the Kings Name Style and Seal in all our Processes Ecclesiastical Certificavit's and Significavit's â—â—sor neither 1 Eliz. nor 8 Eliz. touches that or if it did as it does not Quere Whether the Revival of 1 Edv. 6. 2. by 1 Jacob. shall not obviate it But to admit the other Branch of the Statute to be in force would be a horrible wide Scandal yet not so great a Scandal but many greater have been let into the Romish Church when the Heads happened to be like the wooden Heads in a Carvers Shop Brainless Bishops Priests and Deacons are lawfully Consecrated by 8 Eliz. 1. at least by 14 Car. 2. 14. but whether they be legally elected to this or that Cure or Title is a Point of which I will not give any Opinion nor meddle with it one said well they are Legales ad Officium quales quales sint ad Titulum Was not the holy Chair well lin'd against Errour when that Monster of men and Opprobry of the Church as Cardinal Baronius calls Benedict 9. was made Pope at twelve years of Age by means of his Fathers Interest and Subtilty the Marquess of Tuscia That Pope being skill'd in nothing but the Black-art being found dead and strangled in the Woods by Devils as Cardinal Benno affirms Platina calls him the wickedest and most mischievous of all the Popes but he that reads the sad Character he gives of
new Superstitions and Ceremonies to Periwig the old Both of them are Dissenters and if any be Fin'd and Punisht Fine them and Punish them both alike but first Fine those Dissenters that make Dissenters by new Ceremonies contrary to the Act. Though I confess I am not for knocking men down and taking their Purses because their eyes are not so good as mine for fear that the next man I meet who may happen to out-see me as well as oyt-stare me should by mine own rule and law serve me with the same sawce and more especially because Almighty God the only King of Consciences has alwayes Plagued Persecutors of mens Consciences although erroneous Consciences in all Ages and I am apt to think that the Merit of Informers will scarcely perswade Almighty God to abate his usual Indignation against all manner of Persecution and Cruelty How much foever the Persecuting strain be applauded and admired by subtle Roger and such needy Varlets that are greedy to swallow any bait they are so hungry though it will certainly choak them His Gracious Majesty whom God long Preserve having so often declared as also his Parliaments against the severity-part of the Act and so also King Charles 1. that tells his Son how dangerous it is to Vsurp the Jurisdiction of the King of Consciences or to kick against the pricks And I have heard that therefore he would never Pardon a Murtherer saying Who am I to contradict God that sayes He that sâ—iddeth mans Blood by man shall his Blood be shed and shall I say No it shall not be shed But if in this or in any other word or clause in this discourse any thing have escap't my Pen through Precipitancy or want of Skill for who except the Pope is Insallible or derogatory to the Holy Catholick Church Faith or good Manners I wish it were obliterated with all my heart For nothing do I covet in this World so much as the Propagation of the true established Religion Peace Mercy and Goodness to humane Nature and all Mankind against any of which if I have in the least transgrest herein I hope the Ingenuous Readers will the rather candidly Pardon me in Complacence to the Honesty of this my Attempt which may at least Atone for my Errors and humane frailties which are many very many against which though none can possibly be more enraged than I am when they are discover'd to me But why should men be in love with their Sins or their Sores if they were my Sores I would not kick a Dog that Ofter'd to lick them whole And was not apparent Symony Avarice Spiritual Dominion and Encroachment upon Temporal-Courts and intrusion into temporal Employments together with Persecution Cruelty Spitting-fire Curses and Anathema's Extortions Gaoles and Fines new Ceremonies and Superstitions Antick Dresses and Antick Cringes c. all which are some mens darling sins but were they not at first brought over from Rome by Augustine Archbishop of Canterbury as aforesaid that same wretched Monk I know not what such Romish Dreggs are good for except as the Drest Cowcumbers I once Cookt for the Dunghill Or how in the name of goodness can any man abett them or so far Countenance them as to Discountenance me as hitherto for Impeaching them Nevertheless if any bodies Palate be so out of tast as to love and long for such Romish Dreggs let them send for the old tainted and fusty Bottles again For nothing else is fit to hold them nor can retain them long for the Gospel is compared to new Wine which no man that is no wise man puts into old Bottles else the new Wine doth burst the bottles and the wine is spilled and the bottles will be marred but new wine must be put into new bottles and both are preserved Not but that I have been as filly a Zealot for Persecution as zealous Roger himself 'till by searching I could find no president for it in the Bible nor any good luck that attended any that Persecuted men for Conscience-fake though an erroneous Conscience and especially in our Soyl where that weed never thriv'd long witness Queen Maries Methods and the German Emperor to the Protestant Hungarians 'till for shelter they fled to the more merciful Turk a Piece of Jesuitisme as unpolitick as Impious whoever lives to see the upshot I confess in the Old Testament Joshua had such a Commission to kill slay and plunder all Dissenters so that it possibly might be true what Procopius sayes he saw engraven on a Pillar near Tangis now called Tangier our Garrison in Asrick erected by the Phoenicians or Philistines that fled so far from the Valour of the Lords Captain Joshua to eternize their flight and except they had fled into the Sea they could not well have fled further in these words Nesfugimus à facie Joshua Praedonis filii Nave We fly from the face of that great Thief Joshua the Son of Nun. But he had no Commission to plunder his fellow Jews what feat was a Province peculiar to the wicked and mischievous Priests only those ravenous Sons of Eli. Whose Symonical Rapine dragg'd from me these heavy Verses The Priests of Bel were glad to Frogg for meat Feeding their Wives and Brats by holy Cheat But High-Priest Eli's Sons without remorse Cry Give ye Slaves or else we'ls tak 't by force Ay These were rampant Hector rend and tear And will be twice paid Curse Arrest and Swear Their frothy ware the Layety must buy it Just as they set the Price who dare deny it Come to the Temple Simon buy Gods Word If not then take him Gaoler Ax or Sword Religion drest in Buffe with Gun Sword Pike Religion sayst the D it is more like Religion is an Earthly Paradise Not an Artillery-Garden to the wise Religion's goodness and its Truth alone An Infinite of Souls to Heaven has won But can we give our God greater Dishonour Than think He needs the Black-Art of old Bonner The Pastoral-staff brought home Christs Sheep to Folds Ne're call'd for Help to Qnarter-staff of old If Heaven allure not no nor Gold to boot Not all Earths Magazines nor Hells can do 't For Souls may well to God be drawn not driven Did ever Gunpowder blow Souls to Heaven Lastly over and above all this the 15 Car. 1. 11. does inflict the penalty of a hundred pounds on all Ecclesiastical-Couriers that take upon them to inflict award or inflict award or impost any Pays Penalty c. upon any the Kings Subjects c Add I do not remember that they did Act till by 13 Car. 2. 12. some deemed a branch thereof to be repealed by 13 Car. 2. 12. But that 13 Car. 2. 12. repealing only a branch of a Stature made in 17 Car. 1. Quâ—rz whether that can repeal 16 Car 1. Possibly it might be a mistake but Quarz Whether any but a Parliament can regulate or amend that mistake For It is most certain that all Acts of Parliament
THE TEST OR TRYAL OF THE Goodness VALUE OF Spiritual-Courts IN TWO QUERIES I. Whether the Statute of 1 Edw. 6. 2. be in Force against them at this day Obliging them to Summon and cite the Kings Subjects not in their own Names and Styles as now they do but in the Name and Stile of the Kings Majesty as in the Kings Courts Temporal and under the Seal of the Kings Arms II. Whether any of the Cannon-Law or how much of the Cannon-Law is at this day the Law of England in Courts Christian Highly necessary to be Perused by all Those that have been or may be Cited to Appear at Doctors Commons By EDM. HICKERINGILL The Second Edition Corrected LONDON Printed by George Larkin for the Assigns of the Author and are to be Sold by most Booksellers 1683. Suavi Devinctissimo Sodalitate Amico meo A. B. Utriusque Juris Professori AEGre jam Quaestionum istarum quas floccitatis meae Disquisitioni Desiderii tui in me non acuminis Indicium tanta voluptate subjici gestivisti Jugiter Tandem non sine Ingratae Invidiae Subsequentis Intuitu Luce ut omnium Provocet examen gaudet Impetratum Quod cum Ecclesiae pace Profertur nostrae Indigenae bonorumque Auspiciis Bono Publico Pacisque Communi consulere Dominationi saltem vestrae ne dicam omnibus quorum non sunt aures veritati clausae Conamen nullus dubito pergratum Palamque in otio meo sollicitudine quam non languere patior omnium Intuli oculis ne versutior callidior hoc tanto Invisior suspectior nec interea temporis mihi Patriae aut Ecclesiae defuisse videar Praesagienti verum animo non sum nescius quam diversa sunt hominum studia meque in tempore non magis opportuno quam difficili haec disserere Haud enim is sum qui definiam Impedito quidem quid mirum scribendi stylo non tam prae literarum impotentiam solummodo quam prae glissentem Indies Invidiam lascivientem in hominem umbra recessu abditum Turbarum Contumeliarumque nuperarum non Insolentem sed an majori Justitia an Procacitate apud Posteros Judicium esto Obganniant interea loci pro consuetudine detrectent perfrictae frontis rabulae Tales etenim ut malitia convitiisque coram vel clanculum desistant ambire vanum habeo Nec tot adversis Impar gravate processus eorum Renuo nec hanc Perperam sed Fide uti Spero spectata Capessui Provinciam Hic tamen seqvor Eminus nec inhonesta cautela Vetatem in Tramite verum uti par est licet non ad Calcem quod aiunt Temeratam Hic namque Veritas non tum limatur quam ad gustum Communem accommodatur Oratio Ideoque Disputator non tam Subtilis quam pro re Nata dulcis parumque Vehemens quanti quanti sit Veritas vendicanda Pacis Colendae causa haberi videar uteunque Londini Tertio Iduum Januarii Anno Salutis 1682 3. Reverentiae Vestrae Addictissimus EDM. HICKERINGILL The TEST OR TRYAL of the VALUE and GOODNESS OF SPIRITUAL COURTS Querying I. Whether the Statute Anno I Edw. 6. 2. be in Force against their Ecclesiastical Proceedings at this day CHAP. I. THis hath been an old Question and never as yet Judicially determin'd and therefore cannot be accounted a bold Question much less is it moved unseasonably Men that pass quietly by making no noise but cover'd with darkness and the Night and creeping on their way as it were by stealth may possibly pass the Guards without the trouble of being challeng'd by the watchfull Centinels or of being forc't to stand and tell who they are whence they came or whither away But if they make a bustle and a disturbance It Alarm's Examination to pry into their ways and to enquire whether they have a Lawfull Passport from God and the King or from one of them Time was when Ecclesiastical men did their business and carryed on the Money Business not very unsuccessfully but without noise hanging down their heads when the Register went to Church accompanyed only with his two drudges The Surrogate and the Summer then calling a Court in haste and with a greater haste adjourn'd before the naughty boys and rabble had notice or could rouse themselves to Hisse at them getting as safely as secretly to their Lodgings where picking up a few groats amongst easy Church-Wardens nibling it Procuration money and Visitation money amongst the Parsons that for fear of a worse turn deliver'd their purse which with some Driblets for Licences of Matrimony and Administration-Money paid Riding Charges and the Reckoning well enough and somewhat to spare the Register departing well lin'd in Body and Pocket march't away as chearfully as secretly making as tittle noise as possibly he could But when the Pastoral staff began to play at quarter staff driving whole Flocks before it by flocks to Pound and seeming to make a blow at the spirit and Soul which no mortal blow can hit being scituated too high and out of reach The smart was felt upon the Flesh and the strokes sell heavy upon the outward man depriving men of Priviledges and Temporal Liberties Birth-rights and Franchyses as Englishmen of Votes Elections and Benefits as Citizens Free-Demzons and Free-holders of their debts and all benefit of the Law as Creditors Witnesses and Jury-men and of disposing of their Estates by Will and Testament as Testetors no wonder if it rowzed Examination to enquire whether the Lightning be compos'd of culinary fire and Kitchen-stuff rather then of Heavenly Rayes because Celestial Lightning melts the Sword without singing the Scabbard and strikes at the Life and Soul mortifying it without leaving any Impression upon the Body and outward man Nay further when the Cry because of Ecclesiastical Oppressions and Extortions in illegal Fees for Probate of Will 's Administrations c. contrary to and in Defyance of the Statutes of this Realm grew so loud and notorious that it sounded and rung all the Kingdom over most men were the more willing to pry into their Constitution and examine their Groundsell whether all be sound and right at the bottom when such Ruines and Dilapidations appear above ground Ay and to bring Indictments against many of them which undid several of them for their Extortions and most justly did they suffer and none to pitty them For men give Law to Hares and Deer but they catch the Ravenous and Rapacious the Poll-Cat that sucks the Eggs and spoils the young Brood The Badger too that worrys the poor Lambs when they can How they can and As soon as they can And who so poor as not to contribute his penny or so ungrateful as not to be Civil at least and a Well-wisher to the Foxcatcher and that he may prosper praying for his good success in hunting down the noxious Game an Employment not more pleasant and Gentile then usefull and serviceable to the Commonwealth and publick