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. VII.

ALLEGATIONS humbly propounded in the Court (vulgarly) called the Arches, held in Doctors Commons, London, in further Protestation, Plea and Answer to cer∣tain Articles in a Libel against Mr. Edmund Hickeringill Clerk, Defendant.

Exhibited before Sir Robert Wiseman (there) upon a Citation, at the Promotion of Thomas Doughty Gent. (alias) at the Promotion of Henry Bishop of London. Novemb. 21. 1681.

THIS Defendant saving to himself all Advantages and Benefit of Excep∣tions already made by Protestation against the Proceedings of this Court, by reason of the Statute 1 Edw. 6.2. against all Process Ecclesiastical, wherein the Name and Style, and Seal of the King is not inserted, which (with the Penal∣ties at the Peril of the Transgressors thereof) is now in force (as this Defen∣dant is informed by his Councel learned in the Law) notwithstanding some Opinion given to the contrary, during the Awe and Terror of the High-Commis∣sion-Court, now (blessed be God) abolished.

Saving also the benefit of such other Statutes and Reasons by this Defendant formerly alledged in the said Protestation; All which being saved to this Defen∣dant, he further Protesteth and saith,

First, That under Favor of this Court, and with submission to better Judg∣ments, this Defendant humbly conceives, that there is a Statute made in 16 Car. 1.11. whereby not only that branch of 1 Eliz. 1. is repealed; But also, It is further Enacted by the said Statute, That no Archbishop, Bishop, Archdeacon, Com∣missary, Official, * 1.1 &c. shall inflict any Pain, Penalty, &c. for any Misdemeanors, or Contempt, &c. in pain of One hundred pounds, and Costs and Damages to the Party grieved.

Upon which it is acknowledged by 13 Car. 2.12. that doubt did arise, whether by 17 Car. 1. (and yet there never was any Statute made in that 17 Year) All Ecclesiastical Jurisdiction was not thereby suspended (which doubts, whether well-grounded, this Defendant does not take upon him to determine, but rather thinks that Ecclesiastical Jurisdiction, as to purely Spirituals, and purely Spiritual Weapons, is not thereby taken away, nor should the Weapons of their Warfare be Carnal, but Spiritual.)

But this Defendant humbly conceives, That the said Statute comes fully home to this his present Case, (in the said Articles) and is without doubt.

The last Article of the said Libel threatning this Defendant with no small Pain and Penalty, but no less than that of being suspended for Three Years from his Rectory of All-Saints in Colchester, in that County of Essex: And also to pay money for Costs.

Both which are great Pains and Penalties, though not so bad as corporal Pu∣nishment, yet they are Punishments (not Spiritual, but) Temporal Pains and Penalties.

All which that Statute takes (right and good reason) from their Jurisdiction Ecclesiastical or Spiritual, as well as Corporal punishments:

As ill becoming Church-men, that never learn'd this of their Saviour.

Nor, (as this Defendant is informed by his Councel learned in the Law) is this Statute of 16 Car. 1.11. repealed; nor whether any reason it should be re∣pealed, this Defendant thinks it not proper for him to determine, but humbly thinks that it is impossible that the repealing the 17 Car. 1. should repeal 16 Car. 1. But doubts not but it is available to him to defend him from the force of the said Article, and to keep his said Rectory, Tythes and Profits, from the reach of this Spiritual Court.

Besides, The said Article threatning to suspend this Defendant from his Rectory for Three Years, (and the said Rectory being this Defendants Freehold) the validity of this Defendants Title thereunto, ought not to be tried in any Eccle∣siastical Court, but in the Courts of our Lord the King, as in the Statute of Provi∣sors, 16 Rich. 2.5.

For the Plenarty of a Benefice, or whether a Benefice be full, shall not be tried in the Ecclesiastical Court, or Court Christian, (says the Lord Cook) but in the Kings Courts, as in the other Statute of Provisors, 25 Edw. 3. & 9 Edw. 1.2. & 18 Edw. 3.5. 16 Car. 1.11.

And in cause of disturbance (as this is) concerning the Right of Tythes per∣taining to a Rectory, when it is deraigned, then shall the Plea pass in Court Chri∣stian, as far forth as (and no further at their peril then) it is deraigned in the Kings Courts, as in the said 9 Edw. 1.2. & 18 Edw. 3.5. 28 Edw. 3.3.

A Jury, not an Official, or Commissary, Bishop, nor Archdeacon, shall determine Mens Freeholds; such are all Rectories and Vicaridges.

Secondly, In the said Process or Citation, (the ground or leading Process to the after-proceedings against this Defendant in the said Court) the said Defen∣dant is cited to answer certain Articles at the Promotion of Thomas Doughty Gent.

But such Articles at the said Doughty's Promotion are not deliver'd to this Defendant, nor were exhibited against him at his first appearance upon the said Citation, as is provided by 2 Hen. 5.3. nor such Libel or Declaration answer∣able to the Process charged upon this Defendant to this day; and therefore he ought, by the said Statute, to be dismist with Costs.

But instead thereof, another Libel was deliver'd to this Defendant, wherein Henry Bishop of London is Promoter, (Richard Nucourt the Proctor, in presence of this Defendant, blotted out (for the Ink was not dry when the Libel was de∣liver'd) Thomas Doughty the aforesaid Promoter, and in his Room very sawcily (and no doubt without the said Bishops privity, being absent) inserted Henry Bishop of London as Promoter; nor will the said Bishop have very much cause to thank him for the Place or Preferment, (it being much below the Grandeur of a Reverend Bishop to be an Informer or Promoter.)

But the Half-crafty Proctor, the said Nucourt, was got into a Dilemma, and knew not how well to extricate himself:

For when this Defendant urg'd the Statute of 23 H. 8.9. against Sir Robert Wiseman, with the Penalty of 10 l. besides Costs and Damages, for citing this Defendant out of the Diocess of London, where he Inhabits; to salve the busi∣ness, it was thought fit rather to let Doughty's said Promotion fall (but then Costs should have been given this Defendant, but it was denyed and refused against the Rules of their own Courts and Methods, (as if they had the Law in their own hands.)

And to salve the Statute of 23 H. 8, 9. and the Penalties there, Henry Bishop

of London was Inserted Promoter, though this Defendant was never Cited to an∣swer his Suit and Promotion.

Nay, it looks like a Wheedle, or a Trepan, to drill a Man into a Court by Pro∣cess in a feigned Suit, and then clap an Action on his Back at another Man's Suit, and without his Privity too: but any methods to carry on the Cause, The Cause.

Besides, according to the usual Methods of this Court, no Man is obliged to accept a Libel except the Promoter become bound in sufficient Penalty (not on∣ly with responsable and sufficient Sureties, but such as are capable of being Arrest∣ed) in case of Non-suit (or failure of proof,) to pay to the Defendant his Costs and Damages.

But no such thing is done for this Defendant (new Lords, new Laws.) This Defendant is like to thrive amongst you in the Interim.

Notes

• * 1.1

  Statute print.