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

CHAP. XII.

IT was not therefore Pride nor Arrogance that moved this Defendant to answer you with his Head covered: for those only are guilty of Arrogance that, like you, from this Defendant arrogate that to your selves, which is not due to you: But a true sense of his Duty, his Quality and yours, as well as your Master's Qua∣lity, taught him this demeanour, which no Law makes in him a misdemeanour.

To whom this Defendant is willingly subject in licitis & honestis, (only) and not in things unbecoming a Gentleman, a Clergy-man, and an English-man.

Lastly, One Blunder more is yet behind (which this Defendant had almost for∣got) namely, That when the said Promoter Henry Bishop of London seems to de∣sist, and give over the Promotion and Prosecution, in the end of the 7th Article, as being probably weary of the Preferment, to which his Vice-Register, the said Nu∣court, so sawcily promoted him unto, without his Privity (as is conjectured); or perhaps weary of the Prosecution, fore-seeing the Answers and Reasons already here alleaged; But when this Defendant was in hopes the worst had been past, then in the 8th Article up starts 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 Recto∣ry 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 Edi∣fication 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, Or∣dinations, 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 Confluence 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 con∣sequently, if all the objected Crimes were true, and also as proper for your cog∣nizance, 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 accor∣ding 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 'tis hoped by this time, is every body else, but the Proctors); This Defendant having already been so copious and sub∣stantial 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 them∣selves in a Court about a Crime (as here for Barretry,) an Offence against Common-Law, and Statute-Law, of which this Court can hold no Plea, nor take Cogni∣zance of? What have Spiritual Courts to do to decide or try Causes or Cases belonging to Common-Law and 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 un∣doubted Rites and Freeholds, and (in a Court too) that cannot try nor decide such Titles and Controversies, except they ••rack 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 ne∣ver 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, there∣by 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, Promoter against this Defendant in the beginning of the Articles, by cashiering Thomas Doughty of the Place; And then to prefer Doughty to his old place again, and face about again, as you were▪ It is either an Affront to make the said Bishop a Promoter; or else (if he like the place) 'tis an Affront to dismiss him thereof, and take Thomas Doughty on again in Conclusion. But what Reason (the said Bishop) will have to thank the Impudent Proctor for the Promotion or Preferment, time will discover.

In the Interim, consider, how sawcily impudent, and mischievously sawcy are some Servants, that (if their Masters will tamely suffer the Familiarity) play the sawce with their Masters (like Churle-cats) so long, till they scratch them.

And is it not subtle, to grant a Sequestration to Mr. Sewell, for the poor Rectory of St. Leonard's aforesaid, and never revoke the same, nor give notice of such Revocation, and yet send out another Sequestration, (for poor Harris) the other to Mr. Sewell, being unrevok'd (as aforesaid) and confirmed, by accepting the Fees at every Visitation, and in force, (if any Bishop's Sequestration be in force, which is no sin to question, especially upon this occasion) their Power at best being for Edification, not for Destruction, (like the Apostles) if they be like, their Power is to do Good, not Harm, especially to the Poor.

However, by their own Law and Method, all their Sequestrations are in force till they be revok'd, and Mr. Sewell's was never yet revok'd; no matter tho how soon, that the People may see, the difference on't, and that seldom comes a better; in the mean while— Mettal on mettal is false Heraldry.

And is it not subtle, to implead this Defendant for a breach of a Clause in the Rubrick, of marrying without Banes; when every pittiful Register, Surrogate, Offi∣cial, &c. makes no bones of it, but publickly sells such Indulgences, Licences, or Di∣spensations, in defiance of the Act of Parliament, the Act of Uniformity, and the said Rubrick (a Branch of it) that equally forbid and prohibit all Men?

And is it not subtle, to cull out (only) five unlucky Couples, for Instance, that inhabit in such Parishes, where it is impossible that the most of them should ever be married according to the rigid and strict Rules of the Rubrick, there being no Divine Service constantly said in any of the said Parishes, but in St. Leonard's (at present) not once in a quarter of a Year, and in St. Bottolph's, and St. Mary Mag∣dalen, not these thirty Years last past, nor any Churches (save what are demolish∣ed) wherein to read Divine-Service, or publish the Banes? And therefore it would have been impious in this Defendant (in this Exigency) not to have coupled them together, and to prevent their unmarried Concumbency, (and consequently Adultery:) Thus the Priest in a strait, gave David some of the Shew-bread, which (except in case of hunger and necessity) was not lawful for a Lay-man to eat, but only for the Priests: this Defendant also dispensing with the Rigor of a Command∣ment, which was impossible to be kept, without a greater Mischief and Inconveni∣ence, namely, Adultery: A Sin, proper (of all other) for the Cognizance of this Court, and the Scotch-man John Dargavel, late Vicar of Boxted in Essex, (who got two Bastards in one House, where he boarded, much of one age, this Defendant baptized them both, calling one by the name of Dargavell) being put into this Court, and flying from Boxted, a Vicarage of 30 l. per annum, (a wonder in Scot∣land) was punish'd with another Living in the West Country, of 100 l. per annum, which he enjoyes at this day; and when his new Parishioners prosecuted him in this Court for his old Adulteries, they had as good have thrown their Caps at him.

These are Crimes with a witness, publickly known, and scandalous; and yet in this Court it seems, it found no Suspension for three Years, as here (in this case) is

threatned for preventing Adultery, by marrying without Banes, where none could be had. Some Men had better steal a Horse, than others look over the Hedg.

And lastly, (for this Paper is almost done) Is it not subtle, for Men to search for a Mote in this Defendant's Eye, with a Beam in their own; and by the busy officiousness, thereby give an Occasion to have their own Eyes look'd into, blear'd with illegal Fees, Extortions and Oppressions of the King's Subjects in Probates, Letters of Administration, Ordinations, Institutions, Inductions, Visitations, Syno∣dals, Procurations, Excommunications, Absolutions, Indulgences, Licences, and Dispensations; and also in illegal Rites, and superstitious Ceremonies, in defiance of the Statutes of this Realm?

Thus giving Irritation and Provocation, as well as Occasion, to bring their Works of Darkness unto Light, as if they long'd for Correction.

And Pity it is, great pity, that he should escape the Lash, who wantonly calls for it, efflagitantes & sollicitescit.

Finis Respons.