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A43633 Scandalum magnatum, or, The great trial at Chelmnesford assizes held March 6, for the county of Essex, betwixt Henry, Bishop of London, plaintiff, and Edm. Hickeringill rector of the rectory of All-Saints in Colchester, defendant, faithfully related : together with the nature of the writ call'd supplicavit ... granted against Mr. Hickeringill ... as also the articles sworn against him, by six practors of doctors-common ... Published to prevent false reports. Hickeringill, Edmund, 1631-1708. 1682 (1682) Wing H1825; ESTC R32967 125,748 116

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Friggats e're crus't in the Sea But she could bring them to her Lee At the long-run both Great and Small She could with ease weather them all No Man of War did ever shame The Naked-Truth that was her Name But now she 's split and sunk to boot That th' Bishop and his Clerks should do 't First they torment us till we groan Then Jayle us next because we moan Have they not rockie Hearts of Stone To. Why do these Rocks so covert lie Drown'd in their Seas hid from the Eye Men lost e're they these Rocks espy Bo. Poor Widows-sighs does them surround And Orphans Tears 'till they are drown'd Oh! but say some Prelates and high-flown Churchmen are not so stony-hearted nor such Tantivies riding Post to the Devil and driving Men to Heaven or Hell with Switch and Spur as you think for But Order is a good thing and since the Naked-Truth and such Books taxes them so smartly as if they were good for little but to be ' mended and reformed The Ecclesiastical Fabrick may tumble down God bless us Robert Grosthead Bishop of Lincoln tax't the shameful Abominations of the Court of Rome in his Letters to the Pope that it hindered him from being Canoniz'd and Sainted though he deserv'd a Red Letter better than any Papist in the Kalendar he was if it be not contradictio in adjecto an honest Papist and if the Bishop and his Clerks of Rome had not been stony-hearted and impenetrable beyond all amendment and polishing neither Luther Calvin nor the Protestant Name had ever been heard of to this day By Grosthead's Counsel Rome had stood Had she not vow'd ne're to be good Rob. Grosthead the Author of a great deal of Naked-Truth flourish'd in spite of the Pope Anno 1250 and defines Heresy to be an Opinion taken and chosen of a Man 's own Brain contrary to Holy Scripture openly maintained and stifly defended This is a true good and honest Description of Heresy and if so for God's sake tell me true If Prelacy be contrary to Scripture contrary to the holy Commands of Christ and his Apostles in plain not doubtful Words and if Men stifly maintain it and openly defend it with Actions Statutes Suspensions Silencings Curses Anathema's Excommunications and Jails for God's sake who is the Heretick now Tell not me of Statutes they are void ipso facto as soon as made if they be contrary to the Statutes of God and Christ saith the Lord Coke the Oracle of the Law who tho a Lawyer was not asham'd to be a Christian Away with Hypocrisy and Cheat It shall it shall tumble down and fall on the Heads and crush all that shoulder it up and endeavour to support it It shall I say I cannot tell you when but it shall in due Time they on whom this Stone shall fall it shall grind them to Pouder Stay till the Iniquity of the Amorites be full and till they have drunk Brimmers full of the Tears of Widows and Orphans Huzzah till they have fill'd the Jails full of Howlings Wo and Lamentation then down Dagon down to Hell for ever down It is an infallible Truth That not only what is contrary to God and the Sence and Meaning of his holy Gospel shall come to naught but also what is contrary to the Sence and Meaning and Desires of the greatest Part of the Nation must tumble down especially when it has no Foundation of Truth or Honesty but stands upon frail and rotten Crotches the next Puff or great Wind stand clear for down it goes or the next Calm when the Master-Builders have Time and Leisure to view it and find its Danger and its Malignity down it goes The House of Lords represent themselves but the House of Commons are the Representatives of all the People in England What therefore the Generality of the People affect that I say in time shall become a Law The Honourable House of Commons have not only struck at this Statute 2 R. 2. which the Prelates make such Work with but the Repeal thereof past the House with general Approbation and was committed and sent up to the Lords for their Concurrence therein it stopp'd there So much for this time The Words called Scandal Magnat which must cost this Defendant 2000 l. are not actionable taken in sensu conjuncto as learned Lawyers say nor can the Innuendo in the third Count lie because he that drew the Declaration forgot to mention the Colloquium for if it had but been in no doubt but Harris would have swore it through and through what an Oversight was this Therefore say some to the Defendant Bring a Writ of Error next Term and quash it and there 's an End of an outragious Verdict of a desperatee Jury Or else motion for a new Trial because the Declaration is That the Words were spoken before divers of the King's Subjects and but one little Subject appeared A Writ of Error Where to be argued In the Exchequer-Chamber before all the Judges This is a cunning Way more Grist to the Mill as good be in the Clutches of an unmerciful Prelate as uninerciful Breath-sellers Mr. Chamberlin Mr. Hollis Sir John Elliot c. that were Jailed for refusing to pay Customs and Ship-Money in Charles the First 's Time because there was no Law for the same a clear Case they took this Course and the Judges ten of twelve gave the Cause against them they lost their Fees and their Cause and this Defendant gets nothing but Wit Exchequer Chamber He knows a Way worth two on 't he 'll keep himself and his Estate out of all their Clutches keep in Harbor till the Storm blow over let it bluster And to Jail the Defendant looks like an Inhumanity like that of some Creditors that in Cruelty arrest the dead Corps a Barbartty of no great Credit to a Bishop that if he do not propagate at least should not by Jails and Shams hinder the Propagation of the Gospel especially not how bigg soever any Man is at this time of Day Money a great deal of Money will Gadbury get and more than ever the Bishop will get by this Affair for Flectere qui nequeant Superos Acheronta movebunt The Horary Questions will be Where the Defendant's Estate is where his Lands where his Goods where his Moneys if any Body could tell for I believe the Defendant himself can scarcely tell that and lastly Where he himself is whether within a Mile of an Oak or just under the Bishop's Nose And when all comes to all the Inquisitors will but throw good Money after bad for the Devil will cheat them as he did Madam Cellier both of the Money and the Sham-plot And after all the Ass-trologer knows no more by all his Intelligence with Mercury and the Moon where the Defendant is than I do perhaps not so well nor ever shall till the Time come when Truth is valued more than Hypocrisy when Innocence is a sufficient Guard
depending in the King's-Bench Hah where Sir John Shaw had no Authority to give or take an Oath Hah in private Hah against the Laws of the Land Hah and made them ready against the Bishop came down to set the Bishop to Roil Mr. Hickeringill whom he knew would not tamely suffer himself and his Reputation to be illegally and publickly brought in question by any Bishop in Christendom Hah This was the Sum and Substance of those two Letters which the Defendant writ to the said Bishop that were never answered but only as Men are when they are prest to Death with more Weight more Weight The Defendant in vain opposed the reading of his private Letters saying it was not genteel civil nor manly to produce such Evidence and nothing to the present Declaration and that tho there was nothing in them but what was modest and true yet private Letters are and ought to be sacred in their Privacy and that Si liceat parvis componere magna King Charles 1. If it be lawful to compare great with small did justly upbraid the Parliament with the Incivility of publishing his private Letters taken at Naseby tho there was nothing in them nor in this Defendants Letters for which any Man need blush or be blam'd But this is the Ecclesiastical-Candor any Method to expose the Defendant no Vengeance is great enough no Fine or Verdict outragious enough to crush one that dares as the Defendant has discover the Mystery of Iniquity Ecclesiastical in Extortions illegal Fees Oppressions and Courts kept in dessance of the Statutes of this Realm Excommunications Absolutions Prophanations Procurations Visitations namely Vexations c. There 's a Villain indeed Plague him All Hands aloft all 's at Stake down goes if you do not help This Fellow is another Germana illa Bestia quae non curat Aurum a German Beast that regards not Preferment as the Cardinal told the Pope when he chid him because he could not by tampering with Luther and the proffer of Gold and a Cardinal's Cap prevail with him nor take him off from writing and preaching against the Abominations and Corruptions of the Church and Church-men Church and Church-men Ay set but the Clergy upon a Man and you need not set any Dogs upon him to worry him Church and Church-men Ha! do you know who you speak against what Find fault with Oppressions and Extortions of Ecclesiastical-Courts with Apparitors Registers Commissaries and all that Fry of Lay-Elders Church and Church-men Ha! Do you speak against Prelacy Say that Word again say it again before Witness Sirrah Villain Rogue How dare you at this time of day speak Scripture dangerous Scripture Scripture against Statute-Law 2 Rich. 2. 5. which Statute makes a Prelate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Acts 8. 9. some great One and you Sirra would have him as your Saviour and the Gospel would have him as lowly as Christ or his Apostles you Sirra do you speak Scripture in a Court of Law Ha! what do you produce a Bible instead of a Breviate Do you plead Gospel against Law and Christ and his Apostles in defiance of Rich. 2 An Aggravation an Aggravation as Sir Francis Withins said the Defendant justifies in a Plea of Non-Culp this is rich indeed These Errors will be committed when you suffer Parsons to be Pleaders and plead their own Cause and understand not the Punctilio's and Methods of nice-pleading very fine What suffer Scripture to be quoted instead of Law and Christ and his Apostles instead of Cook and Littleton for Shame And yet the Defendant ignorant Man did not understand the mischief of urging a little Scripture in this Cause betwixt two Church-men and already there decided namely that of Christ St. Paul and St. Peter against all Prelacy Pride Lordliness and Dominion one Brother over another not Lording it over God's Heritage But Christ and St. Paul and St. Peter were poor Men Silver and Gold had they none they were meek humble and lowly and when they were reviled reviled not again nor brought an Action of Scandalum Magnat nor did Fee a pack of Lawyers to mouth it upon an old Statute made in the time of Popish Prelacy and when Antichrist was Rampant and when the Devil raigned a time as the Defendant told the Court when the Prelates did all and all ill a time when the Prelates were grand Rebels as ever were in England For then in the Raign of Rich. 2. was this Statute made when the Clergy were as very Rebels as Wall the Priest Wat. Tyler or any of that wicked Crew 'T is true Henry Spencer Bishop of Norwich was General for the King both in England and France did not Armour disgrace Bishop Henry's Lawn-Sleeves The Bishop of Ely was Lord Chancellor Countez Two Tho. Arundel Bishop of Hereford Countez Three Lord Treasurer Nicholas Abbot of Waltham Lord Privy-Seal Four William Arch-Bishop of Canterbury Five Alexander Arch-Bishop of York Countez Six William Bishop of Winchester Seven And Thomas Bishop of Exeter Eight Good Men and True that 's a Lye a Pack of damnable Villains and Rebells as ever were in England for taking upon them by Commission to rule the King and Kingdom and so the Judges concluded that Commission of thirteen Persons to rule the King and Kingdom of which eight were Prelates with five Lay-men for fashion-sake for the Prelates could out-vote them when they list a Devilish Rebellion abominable Prelates in Rich. 2d's time when the Statute of Scandalum Magnatum was made and struck at it has been by the last Parliament at Westminster and others as a Statute obsolete or in the Judgment of the Wisdom of the Nation the Honourable House of Commons to be repealed being made in the wicked time aforesaid when the Devil danc'd and Simon Magus vaunted himself to be one of the Magnat some Great One and yet also the Successor of Simon Peter who was a poor Fisher-man and a Fisher of Men not a Pick-Pocket nor a Promoter of Law-Suits nor did he mend his Market by turning Church-man as some have done too well known but to his dying day was poor and pennyless having his Faith and Hope in another World and being a Disciple of him whose Kingdom is not of this World All this and more the Defendant told the Court and the Men that were sworn for to give the Judge his due he gave the Defendant sufficient leave and leisure for three hours to defend himself against the crafty Suggestions and dirty Language thrown at him on purpose to vilify him with Dirt which the Counsel had rak'd up together and in two set-Speeches made on purpose fetch'd it far and not at all to the purpose or to the matter in hand villifying him with the Miseries and Vexations with which they had loaded him in the Barretry and Supplicavit as if his Sufferings were his only Crime But something they must say for their Guinies and for their Lord Prelate and in hopes of Preferment and his
Caitiffs that have lost all Bowels of Humanity and Compassion with a Vengeance That Atheists may know that there is a God that judgeth in the Earth and pays men in their own Coin This Adonibezek too late acknowledg'd when his Thumbs and great Toes were cut off the very same Cruelty which he had inflicted upon others And thus the Merciless that without remorse delight in the Ruin of a Man and his House palliating Revenge with an Hypocritical Deodand to ruin a Man and his Heritage when God has rewarded them in their own kind each of them over their own Ruines shall say with Adonibezek Judg. 1. 7. As I have done so God hath requited me For Truth hath said it They shall find Judgment without Mercy who have shewed no Mercy Tho this must be said in the behalf of that Jury that tho it was reported in London before the Trial what the Issue has prov'd yet it is also said that the Jury in so great a Fine as 2000 l. intended nothing therein of Prejudice to the Defendant but to bring him to a Submission in vindication of the Bishop's Credit which how true it is is Time will discover But in truth the Bishop's Reputation had been sufficiently and better vindicated if they had given credit to six substantial Witnesses who acquitted the Defendant that the Words in the Declaration were not spoken as they are laid rather than to that little Body who was prov'd upon Oath to be so infamous a Person by that Noble Earl and by his own Vouchers prov'd to have so little regard to his Duty which he ows to God to his own Soul and to his Parishioners and to his Oath of Residence in his said Perpetual-Vicarage as to leave them utterly and forsake them taking another Cure and Flock and leaving his own to the Care of one that was lately a silly Log-river and knows not well how to discharge his own Cure nor to read his Accidence And all this when not only all the said Witnesses for the Defendant did swear negatively that they did not hear such Words but positively swore that they heard the whole Discourse and writ down the Words immediatly upon Harris his false Recital of them and his bringing them in Writing to the Witnesses for them to subscribe which with abhorrence and astonishment they refused the Defendant being gone out of the Room before and knowing nothing thereof and also gone out of Town and the Witnesses of their own Accord writing down the true Words which they swore to and several more of the Company might have been brought to testify the same for tho there wanted no Endeavour by all means possible to gain but one Witness to back Harris his Evidence yet found they none At last came one single false Witness who will as 't is said be Indicted thereupon for Perjury for his Pains and Witnesses substantial Witnesses to prove it upon him let him claw it off as well as he can or his Friends to help him No Man is too great for the Law such Fellows must be made Examples of that swear thorow-stitch and become false Witnesses to get Naboth's Vineyard from him when it can be done no other way must it be done by a single Son of Belial Naboth had yet the Honour to fall by two Sons of Belial Hard Case Must the Defendant be ruin'd by one alone and such an one and one so infamous Nay there was not only two against Naboth but also there was not six positive Witnesses for him as there was for this Defendant to swear positively that they were in Company all the Time and heard all the Words which were not so but so and so And lastly were this little-Blade of Fortune rectus in Curiâ nor had any Design upon the Defendant's Vineyard and never so honest yet it is against positive Scripture and God's holy Word for the Jury to bring in a Verdict thereupon against the Defendant as the Defendant well told them because against an Elder an Accusation ought not to be received but at the Mouth of two or three Witnesses And neither Common-Law Statute-Law Civil-Law Canon-Law no nor the Bishop of Rome himself can give the Jury a Dispensation against God's holy Word and that they will find one Day for so wilful a Sin and so fairly forewarn'd thereof by the Defendant God forgive them It is ill for Men that are but Worms-meat to sin wilfully and in defiance of the Holy Will and Word of their Creator In the Interim tho the Sabeans and Caldeans ruin'd Job yet they were but Instruments the Defendant sees the Finger of God therein and says with Job The Lord hath taken away blessed be the Name of the Lord. The World shall find in this World God's righteous Justice that 's my Faith and in this Case particularly wherein God's Truth is concerned against the Cruelties Oppressions and apparent bold and impudent Extortions and illegal Fees of the Ecclesiastical Fellows so unanswerably revealed by the Defendant in relief of the Kings Subjects who are in behalf of their Souls plagu'd with their Anathema's and Excommunications in behalf of their Bodies hurried afterward to Jails in behalf of their Purses Liberties and Estates so mangled by this Nest at Doctors-Commons and all the Kingdom over by Birds of the same Feather that no wonder they flock together to ruine the Man that will be the Ruine of their wicked Trade and all the Powers on Earth will not long uphold them to live thus as they do in publick and daily defiance of the King's Laws in Oppressions illegal Fees and Extortions in open contempt of the many Statutes made against them and now in force if any be in force surely they are as much in force as that of 2 Rich. 2. about Scandal Magnat made when the Prelates Popish Prelates were rampant alas alas too rampant both Laymen and Clergy-men little Clergy-men were more afraid of them than of Serpents Toads Tygers or Wolves and well they might for those venemous Creatures and ravenous Brutes were less dangerous less mischievous and less fierce and cruel than those Prelates when they got a Man at advantage Do you mark me I say those Prelates do not catch mind the Colloquium before-going of Popish Prelates we are speaking of Popish Prelates that were more mischievous more inexorable and hard-hearted than Snakes Tygers Bears Dogs or Wolves or any other persecuting Worry-Sheep or cruel Blood-hounds And yet those mind what I say Popish Prelates with all their Suspensions Curses Anathema's and Excommunications and such kind of Thunder were esteemed by wise Men even in these Days saving your Presence Sir-reverence a meer Crack-fart Pope Paul the Third excommunicated our King Henry the Eighth with such a Pope's Bull that the Historian says the like was never known before nor since No wonder he bellow'd and roar'd so for take a greedy Ecclesiastick by the Pocket and hinder his Cheat and Extortions as Hen. 8. did and you