The Black Nonconformist, DISCOVERED IN More Naked Truth: Proving, That EXCOMMUNICATION & CONFIRMATION, The Two Great Episcopal Appurtenances; And DIOCESAN BISHOPS, Are (as now in use) of Human MAKE and SHAPE, AND, That not only some LAY-MEN, but all the Keen-cringing CLERGY ARE NON-CONFORMISTS' And, Except they Repent, Are Liable to be Indicted and Presented by GRAND-JURIES, to the Loss of their Spiritual Promotions, and Imprisonment without Bail, and the Patrons to PRESENT, as if they were Dead, when, in Defiance of the Acts for Uniformity, They Practise ILLEGAL CEREMONIES. In Enjoining to be worn, whether Men will or no, Ministering Divine-Service, The HOOD, (FORSOOTH!) Or, at any time, except at the Communion, the SURPLICE, Proved to be SURPLUS, or OVER-PLUS. In bowing to the ALTAR, at the Name, JESUS, to the EAST, placing insignificant and idle (UNLIGHTED) CANDLES upon the ALTAR, not wearing the COPE, at Communion-Times, using other Public Prayers in the Pulpit, than what are in the COMMON-PRAYER-BOOK. 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 returned into the STAR-CHAMBER, Anno Domini 1630. by the ECCESIASTICAL-FELLOWS themselves; And compared 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 aught to be Jurymen. SHOWING ALSO, That, RELIGION, RELIGION, that should have been the World's great Blessing, is become the Plague of Mankind, and the Curse of Christendom; when attended with the BLACK REGIMENT, WRITS and LABELS; CITATIONS and LIBELS; CURSES and SUSPENSIONS; SILENCING and EXCOMMUNICATIONS; SELL SOULS and THE DEVIL OF HELL; CANONISTS and CIVILIANS; SUPERSTITIONS and FOPPERIES; NODDINGS and CRINGING; ILLEGAL, as well as DEFORMEDVESTMENTS, and SCARE-CROWS; HORNINGS and STOOLS OF REPENTANCE; FIRE and FAGGOT; BELL AND THE DRAGON; the BLOODY-PRIESTS, and their SURROGATES; CHANCELLORS and OFFICIALS; REGISTERS and GAOLERS; BENCHES and EXECUTIONERS; SUMMONERS and PROMOTERS; HANGMEN and APPARITORS. Dedicated to the ARCHBISHOP OF CANTERBURY, with all Modesty and Submission. By EDM. HICKERINGILL Rector of the Rectory of ALL-SAINTS in Colch stir LONDON, Printed by G. Larkin, and are to be Sold by Richard Janeway, and most Booksellers in London. M.DC.LXXXII. To the most Reverend Father in GOD, WILLIAM Lord ARCHBISHOP of CANT ERBURY, Primate and Metropolitan of all ENGLAND, And one of His MAJESTY'S most Honourable Privy-Counsellors, His GRACE. SIR, IN this Treatise your Grace will find somewhat suitable to you, in the Case of Nectarius (not Archbishop, for that name was not then invented, but which did Tatamount) Patriarch of the Arch-See of Constantinople. Elected thereunto per saltum, or, rather vaulting and skipping into the Holy-See or uppermost Seat in the Church, over the heads of all (not only his equals, but by many degrees his) Superiors, contrary to the Canon-Law of Holy-Church, himself also being (then) but a Lay man (nay) and unbaptised. To show us, that it is not the first time that the Church has cracked a Commandment to dispense with rigour, and summum jus, in favour of great (and not vulgar) merit. For many reasons, therefore, (as well as for this great and concerned example of Lenity against the strict Rules of Law) does this little Tract in all lowliness expect (as well as fly so high as) your Patronage and Protection. And Published, not so much in mine own behalf (for I need not your favour, but impartial and equal Justice) as in the behalf of the many Dissenters and Nonconformists to the strict Rules of the Act for Uniformity. With which, if you cannot dispense or grant Indulgences, it concerns me as little (or less) than yourself, or, those Clergymen that are here proved to be Non-Conformists when they too frequently practise Illegal Ceremonies, in defiance of the Acts for Uniformity, that enjoins those (few) Ceremonies in the Common-Prayer-Book, and no other, (mark that) not other Ceremonies, which (other Ceremonies are therefore Illegal Superstitions, in enjoining the Surplice, and yet forbearing the Cope (wherein none but Popish Priests are Conformists, or arrayed (that I know of) at this day, and yet the Cope is as much commanded as the Surplice. And, besides, in bowing at the Holy Name of Jesus, (the impertinence (at least) whereof, I have in all humility undeniably evinced, in my Naked-Truth, the second Part, except we also bow at the Holy Name of God, and the Holy-Ghost (names equally venerable) so often as we hear them; or also bow at the Name of Jesus, every time a Blasphemer (which is too usual) swears by the Name of Jesus; and yet no man dops the head, much less bows the knee there-at, no, not in Sermon-time, when we hear the Minister 100 times in an hour name Jesus. Or, as impertinent as that illegal and idle Superstition or Ceremony (in defiance of the Act of Uniformity) so generally practised by bowing to the Altar, setting insignificant and unlighted Candles thereon, and bowing to the East. Nay, some have been so sillily and ridiculously Superstitious, as to ruin a handsome Pile and Fabric, (to their own impoverishment, so far as to need or get the Charity of others) only by rebuilding it worse, to make it face to the left, and directly East and West; That so Men might bow to the Altar, and to the East also, with one single Nod; Oh! most incomparable Achievement, and (no doubt) meritorious. Whereas Astronomy tells us (infallibly) that there is no such thing (really) as East and West, but mere imaginary Points, and fictitious, (as the Figures of the heavenly Dog and Bear) that being West to some others, which is East to us; and East to others, which is West to us. But besides the Folly, (so it may well be called) it is hereafter proved to be a sin against the Act of Uniformity, to bow to the East or Altar; and not only a Peccadillo, but so great, as to make us (except we repent, and reform that wicked Error) to forfeit all our spiritual Promotions. The tender Consideration whereof will (I hope) make us tender against Nonconformists for our own sakes, (it had been better tho' for Charity's sake) to take off our keen and fiery edge against Dissenters, and Breakers of some Branch of the Act of Uniformity, lest we pronounce our own Suspension and Anathema, with the same mouth, and for the same Cause for which we censure and sentence others. I have here (modestly I hope) searched into the Nature, and tried the metal and mettle of your great and only Weapon in your Arch-Court, or Court of Arches, (but always under Correction, and with submission to better Judgements and the Laws) Excommunication: So often let fly in your Name, in that Court, though you seldom or never come there to hear the Merit of the Cause, and the Witnesses viva voce, and face to face; no wonder then if you make many Random-shots, and wide and beside the mark; if you trust with implicit Faith in and to Registers, Notaries and Advocates (those spiritual Hucksters of Souls) that live by Fees from sinners, whose Purses they take upon the Highway to Heaven or Hell; and no Repentance will serve the turn, except those motley, Ecclesiastical-Lay Merchants for Souls be first pleased, that is, paid their Demands, ungodly, illegal Demands, upon sight; at our utmost peril. 'Tis a pretty Trade indeed, invented by the Pope and the Devil; delivering to Satan by Excommunication, and delivering from Satan by absolution, but not without money in the Case. Thus precious Souls, for whom Christ died, are trucked for, bought and sold, by these Ecclesiastical Merchant-Adventurers; a gainful Trade it is too, if the Naked-Truth do not spoil the Market, (which is more than probable.) And if you would imitate our blessed Saviour, (how well would so Gospel a work become you to your Eternal Honour in this and succeeding Ages, namely) to whip these Buyers and Sellers of Souls out of the Temple, though you can make a Whip (as he did) but of small Cords, to slash and lash out these Silversmiths of Diana, that coin Heaven and Hell, by that abominable craft getting their wealth, making merchandise of Souls, to their own, as well as others destruction. Away with this Foppery out of the Church, and Spiritual Wickedness in High places; I hate the Folly thereof, (discerned now by every Peasant, and derided) as much as the Hypocriste of it: which you, in sober sadness, must confess and lament as much as (nay, more than) others; sitting so high at the Helm, God guide your hand. I hope you will not draw your spiritual weapons upon me (tho') for this Honesty and Plaindealing, instead of slashing the said Chequer-work black and white, motley-coloured Hucksters of Souls, and so disparage the Title— Vestra Clementia— usually given to your Predecessors; If you do, and I over-live you, do not speak to me to write your Epitaph to Posterity. And be not angry that I claim Kindred, spiritual Kindred and Alliance with you, a Man so much above me, but of the same Order and Function. There are none but bloated, big-swollen and embossed Upstarts, that are ashamed of their Kindred and Relations, because they are poor and low in the world. And 'tis below me to tell you how equal and alike we were, when we were both Fellows of Colleges together, (in the days of Oliver) in the University of Cambridge: yet I never took the Covenant, or any (State-Oath) in my life, except that of Allegiance and Supremacy. Therefore for the Sameness of our Function, and your own Coat, do not sit unconcerned, and patiently look on, whilst the men of Doctors-Commons seem to make you a Property and a Colour, by your great Name and Authority, to abuse me, (as they have done) and so crush me by Proxy, in your Court of Arches, This should not be amongst Brethren. I grant, you are Rich and I am Poor, What then? Do not take part with my great Adversary the Bishop of London, (whom I never offended but by telling Truth) because he is rich, great and powerful; but (as the Wiseman counsels you, Prov. 22.22.) Rob not the poor, because he is poor: neither oppress the afflicted in the gate. But open thy mouth, (Prov. 31.9.) judge righteously, and plead the cause of the poor and needy; and (Godlike) deliver the poor from him that is too strong for him; the poor and needy from him that spoileth him, Psal. 35.10. The wicked in the pride of his heart (Psal. 10.2, 9, 11.) doth persecute the poor; let them be taken in the devices that they have imagined: his mouth is full of cursing, (Anathematising) and deceit and fraud, under his tongue is mischief and vanity; he lieth in wait to catch the poor, he doth man- catch the poor, when he draweth him into his net. He hath said in his heart, God hath forgotten, he hideth his face, he will never see it. The Church-doors in Popish Countries, and also the Chappel-doors in Monasteries, stand open all the day long, to let in, to the Altar, all those that commit Murder (of which (there are more than a good many) make a Trade, and their only Livelihood and Vocation.) But to see (as I have seen) what rejoicing there was by the Parish Priests, or the Monasteries, (whose luck happened to be best, and nearest to the place where the Murder was committed) how they would Joy, Huzzah, and Hallou, (as) at a Prize— A Prize— For if the Murderer have got 20 Doubloones (the common price for a Murder) the Altar-keepers will be sure to make him divide, share and go Snips; And then— The Proudest He in Portugal, or Spain, or Italy, dare not touch the Murderer for three days together (the time allowed for his Escape) no, not the King himself can fetch him from Holy Church; for he also is asraid of the Inquisition-men. But what Conscience is there, that a poor Whore should be excluded the Church and Sacraments, and yet the Church-doors open, and the Altar ready to receive a Barrabas, a Robber and a Murderer? A mere gore-blood Religion sure, that a man must part with his Humanity, before he can be proselyted or perverted thereto!— Indeed, the Tolerated and Public Stews, makes the Whores and the unmarried Priests some amends, but they cannot play the Whore and Rogue there neither, (tho') by Authority, till they get a Licence, which must be paid for too, I know it. And can we think, but that it is a hard world for some sinners to be excluded the Church and Sacraments, by greater Villains than themselves? And does not all the world know, that not only grey hairs, five or six Caps more than needs, Rheums, Coughs, and distempers of Body, but diseases of Soul too, by the Simony of Flattery, and looking (through the fingers) at sin, are the best lifts to Preferment, and helps to Government, Ecclesiastical or Spiritual Jurisdiction of the Holy-Chair (at Rome.) Wither the Archpriest is no sooner crept by those old Serpentine and Pimping Arts, but he writes himself (by strange contradiction) the Prince of the Apostles, (who, Good Men! never had a Prince amongst them) but also he styles himself— Arch-slave— also, or Slave of Slaves, Servant of Servants: And (there) he says true; for none but the vilest of Slaves will so unman (as well as unchristen themselves) to pimp to other men's Lusts, thereby to gratify their own Lusts of Avarice and Pride, to which they are first enslaved. Arch-slave, or Servant of Servants? His Holiness is in the right on't, (I profess) and therein, Infallible, whether his Worship considers it or no. But I wonder not at his Greatness and Monstrous Ecclesiasticalship: For when the Antichristian Clergy had once made the Silly-Bigotted World believe, that they, their Commissaries, Registers and Summoners, were the only Buyers and Sellers in the Temple, and, What do you lack? Would Men have Estates Real or Personal, in Heaven, for ever; or, in Purgatory, for a certain term of years for a less Sum, or be freed from Hell for Ever and Ay? Here's your Men, (quoth the Popish Priests) Chapmen, What do you lack? What do you buy? Then, then, and not till then, they got the whipping-hand of the superstitious world; for he that has got a thank over other men's Souls and Consciences, their Bodies and Estates (consequently) are, without dispute, at his Service and Devotion. And when a Priest can make a poor Lady believe, that he can damn her, or absolve her, and has the Keys, and something else under his Girdle, and can let her into (or shut her out from) the Church and Sacraments, so that she will but show him all her Secrets, and unbosom herself in Auricular Confession: (Cajoled thereunto superstitiously, and bugbeared by many lying Miracles (in the Legend) of many that died, and got as far as Heaven-gates, but were glad to return (a long and weary Journey) to earth again, to be confessed by a Priest, before they could be let in, dying unshrived or unhousled) can such a Priest (that has got the Lock and Key of a Lady's Closet and Secrets) have far to go before he come at her heart? And I have therefore wondered, that the jealous Italians, Spaniards and Portugueze (that will not suffer any man (scarce a Brother) to see their Wife's face) should yet permit them to go to secret and auricular Confession, to a young, vigorous, unguelt piece of Sanctity! (I had almost said, Hypocrisy!). I could not but wonder (till now of late) to find— St. Ambrosia, Ora pro nobis, in the Popish Litany or Mass? For what merit? Oh! Captain St. Ambrose was the first Ecclesiastical-Hector, or Spiritual-Bravo, that in defiance of God and the King, durst as malapartly, as barbarously and insultingly, (some say) Traitorously shut the doors of the Church against his Prince and Emperor Theodosius the elder, not admitting him to the Sacrament nor Divine Service, till the Emperor submitted to the proud insulting Priest, and promised (upon his knees) that for the future he would be ruled; and so, he and the Priest became Friends again. Well, I see St. James (the Author (the Papists say of their Liturgy and Mass) though he was none of the Twelve Apostles, yet was a Bishop and a Prophet too, if he could so early insert (into the Church's Common-Prayer Book) stout Captain St. Ambrose, and make him pray for himself and all Christen-Souls, 400 years before he was born. Oh! the merit of some men's Ecclesiastical Insolence! But if Captain Ambrose was Canonised and Sainted for shutting the Church-doors, and debarring a great Sinner from Divine Service and Sacraments, Will not the men of the same Leaven Anathematise me, for opening the Church-doors thus to Sinners, great Sinners, and small Sinners, and shut me out? But it is better far, to eat with Publicans and Sinners, (as our blessed Saviour did) than to partake with Scribes, Pharisees, and Hypocrites, to whom he denounced Woe, woe, Wo. Thus have I known Schoolboys (taught in the Church, but better fed than taught) to bar out their Masters (and be Masters of Misrule) upon pretence of Christmas and a Holy-time; and with a Brazen-face make Declamations and Verses in praise of that precious Ecclesiastical Discipline. But, if I come, I'll open the Church Doors again, and spread the Arms of Mercy wide open and outstretched to as great a Latitude and Comprehension, (as our Blessed Saviour did) even to Publicans and Sinners, they shall eat with me; let the Hypocrites eat alone, and (as fittest) by themselves, if they will not vouchsafe to eat with Sinners; let them cringe and bow, and face to the Left, to the Left— to the East— the East. Sinners, (look you) Sinners, though they despise Sinners so much, in nomine Domini, Sinners are the best Gryst that comes to their Mills: If it were not for Sinners, the Bench (Ecclesiastical at least) would not be so scarlet as it is; their Holinesses might sit alone, as well as a cold, if it were not for Sinners, and look as lean as an Easter-Offering. Sinners? quoth a; Who is this that despises Sinners, which our Blessed Redeemer did not despise? by God's help, this little Book shall open the Church-Doors to let in Sinners, in spite of the most self-conceited Hypocrite, as far as the Old and New Testament will go; (I say) ipse dixi. What? shall sin walk barefaced, magisterial, in open Court, and unrebuked? And shall the Naked-Truth be glad to hid its Head? Ha'? shall the wicked Extortioners of Doctors-Commons sin, and will you make me suffer? and be whipped (for their faults) upon their Backs whilst they hold me up to you, Sir? look you, my Lord, Is there any Conscience in this? Look you, Sir, look you, (I am got into the Modern Rhetorical Phrase entailed on some seats of Eloquence) can it be Justice (look you, my Lord) that I should suffer because they sin, and I only wish and endeavour their amendment? Just thus, does the unjust World abuse the poor Cuckolds, when (the Naked-Truth on't is) the great and only fault is in the Cuckold-makers, the Whore and Rogue. And must he not have a face of Brass (look you) and a conscience of Steel, my Lord, that shall vindicate that domineering (Popishly invented) Prelacy, which the Holy Scriptures, and our Blessed Redeemer condemns, making all his Disciples Spiritual-Levellers? Luke 22. Whose Disciples then are the Popish Prelates? that in defiance of Christ, will domineer over the Clergy, their Brethren, and vex them with Law-Suits, having great Interest, and great Power, and withal, Purse-proud, to defend, in spite of Christ, that Antichristian Lordliness and Clergical Tyranny over their Brethren, calling it as the Pope (contradictione adjecto) first called it, Hierarchy, or the Holy Rule; But how can that be Holy that the Holy Scriptures and the Holy Jesus decries and condemns? and it was first Enacted and made a Law in England, when the Pope did what he list both with King and People. They had, and we have a happy time on't; yet most of these Popish Hierarchical Laws are abolished, and that was stoutly attacked, though it still stands, and let it stand: I said, in my Naked-Truth, Rome (was not built, and) cannot be destroyed in one day; it crumbles a pace. If you be for Discipline and Spiritual Weapons, rather Draw upon the Adulterers and Adulteresses, the Extortioners, impudent Extortioners in your Spiritual-Courts, in Probates, Administrations, Visitations, Ordinations, grant,ing Licences to Preach, Institutions, Inductions, Procurations; and, if you have power to Anathematise and Curse, Curse the Cursers and Blasphemers of the unparallelled Age we live in. In all the Reign of Edw. 6. I find no man taken upon the Writ de Excommunicato capiendo, nor till the fifth of Queen Elizabeth, nor any legal Cursing or Commination save that in the Common-Prayer-Book, denouncing of God's Anger and Judgements against Sinners, Cursed is he that smiteth his neighbour secretly, and Cursed is he that lieth with his neighbour's wife, etc. and all the people shall say, Amen. Cursed is he that taketh a reward to slay an innocent person, Deut. 27.25. (that is) in plain English— Cursed is the Suborner, that promises or threatens a Reward, or Advancement (for there are two sorts of Advancements, or Rewards belike, the Learned say) and Cursed is the Suborned, namely, Cursed is the Man-catcher, and his Mate, or— Comrogue; those two Judasses' that give or take a Reward to slay an innocent person: and all the people shall say, Amen. Nay, if men be for Cursing, they may have their belly full, in Curses that are not money-matters, nor causeless, and therefore shall come to pass. For though the Curse causeless shall not come, Prov. 26.2. Yet the Curse of the Lord is in the house of the wicked, Prov. 3.33. Indeed, the Rubric does bewail that we have not the godly Discipline of the Primitive-Church, where Sinners were punished in this World (by delivering to Satan) for never any man in the New Testament escaped death when the Apostles had delivered them over, for the destruction of the flesh (that must be death) that the spirit might be saved in the day of the Lord Jesus. No, alas, alas! we cannot kill men with a word, as did St. Peter and St. Paul, upon great and terrible occasions to make an example of notorious Sinners. The Pope therefore made the silly Bigot-Magistrate do, (what the Devil used to do in the Apostles times) in killing and burning Heretics, and entituling the Magistrate to the blood and odium, as well as to the honour of being the surrogate of the Priest's Revenge; the Magistrate had a happy employment on't; but he durst do no other, lest upon his contempt of Canons of Holy-Church, Holy-Church had served him with the same sauce. In my Travels, in Popish Countries, as Portugal, Spain, etc. (whose Lawsmanicipal are the Canon-Laws and Civil-Law) I have observed, that in the grand business of the Inquisition, and Excommunication, the Lay-Doctors, the Civilians do the business, but always under the Name and Authority of some Bishop or Bishops. Who, well knowing the way to the Wood, and that to be led gently by the nose by those Lay-Doctors, is the shortest cut to Preferment, and to be an easy Soul, or a tame Property, is a meritorious qualification in a Candidate for the Holy See; it would make a man smile (if it were lawful to smile on so sad an occasion) to see an old Nidget put on his Spectacles to write his Name under the Sentence for burning a Heretic, which the Lay-Chancellors, and Officials bring to him ready for his Wisdom's Subscription; though (poor old heart!) he knew nothing of the matter, nor heard one Witness viva voce in the Cause. Nay, they would be very angry, if he makes the least scruple or hesitation, or enquiry; What? not trust his Delegates? his Lay-vicars'? not trust public Notaries and Proctors? Advocates and Surrogates? that would not be guilty of an Extortion or Wrong (I'll warrant) for any thing in the World, except money. And truly (my Lord) you could not have troubled me worse than you did the last Term, by the answer you gave me to my Letter, sent by a Gentleman my Solicitor, saying, You knew nothing of the matter, nothing of my cause, or the merit of it, for that you left all to your Under-officers. Your under Officers? Why? they are the sort of men of Doctors-Commons, that hitherto have seemed to Cite me, upon pretended Articles of Barratry (of which neither you nor they are competent Judges; but you run the hazard (all of you) of a Praemunire, if you take upon you to hale matters into your Courts that belong only to the Jurisdiction of the Courts of our Lord the King) as if they designed only under colour of a Process, to get me in amongst them to affront, abuse me, squeeze and crush me; they have done their utmost. And, do what you will, I will never again appear at Doctors-Commons in your Court, except you will secure me from affronts, and keep the Peace, that you will be personally present there, and hear my defence, and be an earwitness, as well as a Judge, how I'll baffle them all. Leave me to your Under-officers? Are you in Earnest? have a care your under Officers, in meditating their Revenge on me, hit not you home, by bringing you within the Statutes of Provisors, and Praemunire; if you with implicit faith trust to them, they are in a fair way to't. But no Subject, how high so ever, is too great for the Law, and Truth: they must, they must, (read all Chronicles,) they always did buckle, and submit their sturdy necks to the Law, or the Block. Leave me to your Under-officers? Do you say so still? God defend: No, Sir, no, leave me not in the hands of mine Enemies, and give me not over to the will of mine Enemies, that hate me without a cause, without good cause, and only for telling truth of their vile Extortions, and viler Merchandise of precious Souls. Leave me to your Under-officers? nay, than I am well helped up; I am like to have a hopeful time on't: Why? these men of Doctors-Commons, as you'll see hereafter in this little Book, they are fleshed upon me already, upon my Soul, and upon my Purse too; Leave me to them? and they'll bring you a Sentence for you to suspend me, stop my mouth, silence me, or, perhaps Excommunicate me; but throw away your Pen when you come to subscribe it: let me advise you for once, trust them not with a power Legantine; what care they what inconvenience they bring upon you or the Church? they shoot securely under the covert of your great Name and Authority, whilst your Delegates do indeed by such Proxy Sentence but make you a Surrogate of their private spleen, malice and revenge; you cannot have a worse employment. I know, my Lord, that you and many others that do not know me, will wonder both at what I have written, and that I (durst) writ what follows; but 'tis because they do not know me, for those that do, will wonder at neither. Common-talk or fame is seldom a good Limner, or Pourtrays any man true; besides, it is so various too, (now) as of old, some said he was a good man, others said, nay, but he deceiveth the people. My own Cause in your Court (you'll see) needs not ten Lines to answer all; no, but I take willingly the occasion here given to search into your mysteries: for, how can I, or any honest Englishman or Christian, sit unconcerned, when we view such havoc made of Christian Souls? bought and sold, sent to Satan, and thence redeemed, but not without Money, Money. Fie upon't, Fie upon't, 'tis a burning shame it should be suffered; 'tis against Conscience, Reason, Law, Equity and Religion. And shall these fellows (bold and old in sin) be cherished, and I accounted too bold to tell them of their wickedness? And shall they have more of your countenance than I? do your pleasure. But you ought not to judge re inaudita, and hearing but of one ear, reserve but one for me, unstufft with prejudice, and if you had never so lawful a Court, I neither need nor require a greater or other favour from you, whilst I live: But to leave me to them? you shall not leave me to them; I'll wash my hands of them, God bless me from them: I tell you here, I'll not come at them. And I would have told you so at Lambeth, but I dare not come there neither, without your Order and Permission; and when I writ to you, and the Gentleman (I sent) asked you, If you would have me to attend you? you said, No, you left all to your under Officers; so that I have no other way but this public way to approach your hand or ear: which is, I hope, a sufficient Apology for this Humble Address, of which I trust you will not be an Abhorrer. 'Tis true, these Vncivil-Civilians that make Markets of Souls, do but (I know) truckle under the Clergy for a Livelihood; yet they are as petulant to the Clergy, as if they were only their Sport or May-game, or poor tame Asses, fit for nothing so much, as to be the Objects of their Wrath, and the Subjects of their Affronts and Scorn. Thus have I known wanton Jades kick the Hand that fed them, and made them fat, nay, and throw their Masters too, when Provant pricked them. I Prophesy (tho') that I have taken off the keen edge of their only Tool, these Ecclesiastical Fellows work (for money) with, viz. Excommunication, with a poor Formality-Priest standing Surrogating in black, like— at their right hand, to see Livery and Seizing given of the Excommunicate Person that is delivered to Satan, they shall fight hereafter, but with rebated Weapons, they are so cruel in their Fulminations, and for such Trifles too. That ever a Kingdom of Christians should be so long bewitched to believe, that any can damn them, or forgive sins, save God only; or, that any man has power on earth given him from God, to keep others from the Ordinances, the means of Grace, the Sacraments, the Food of Souls, and the Bread of Life, because they are Sinners; Sinners? Why there should need no Ordinances, nor Sacraments, if it were not for Sinners; nor did ever any man receive the blessed Sacrament, but Sinners all, except our Saviour only. The Soul is sick, 'tis granted, more need of Physic and Food: The whole have no need of a Physician. Nay, the first that ever partook of the Blessed Supper, if they were Penitents, they were soon relapsed: For in Luke 22. in the 20th Verse, they took it, and in the 24th Verse, they were no sooner come out from the Holy Feast, but they fell a quarrelling and justling for the place, and striving (it runs in the kind perhaps) which of them should be the greatest. But the crafty Popish Priests finding that Sinners found the goodness and sweetness of the Blessed Sacrament, and longed for it, and they were the only Stewards of those Mysteries, they resolved to make the best benefit of the Steward's place. And indeed I have observed, in some Countries, where I have been, that when (once) the Clergy have perceived that their Office was found so mighty necessary, they resolve to take the occasion, and make their best advantage of it. Did the People find comfort in the Bread of Life, and also were made to believe that none could Consecrate it but a Priest, or Popish Priest: Ay, (quoth the Popish Priest) Sinner, Do you see? Do you see here what I have got in my hands? Would you not be glad to have some? Nay, Hold— Stand off— Here is the Bread of Life, but not a Bit upon a march, not a Bit upon the great march and Highway to Heaven, though it would save your Soul, except you be obedient to your Diocesan, nay, and swear Obedience to Canons and Laws of Holy Church though you starve and die for a Bit. He therefore that can make a Sacrament, and debarr (ad libitum) sinners from it, may well take the wall of all other Men in Christendom. But there is no Scripture in the Old or New Testament (that ever I found) that ever gave power to any Man, Men, or Church, to debar any Man from the Sacraments, that is pleased to come to them; for such as were delivered to Satan in the Apostles days, were therewith killed, their Flesh was destroyed. 'Tis true, an impenitent Sinner he comes at his own peril, if he venture to eat unworthily; but 'tis not a greater sin to eat unworthily, than not to eat at all; rejecting of the Ordinance is certain damnation, whereas he that eats unworthily, makes a hopeful Assay of Obedience to Christ; and as he said, Lord, I believe, help my Unbelief; so it is acceptable worthiness, to say, Lord, I endeavour to eat and drink worthily, help my unworthiness. And as he that eats and drinks unworthily, eats and drinks his own damnation; so he that prays, preaches, or hears unworthily, preaches, hears and prays damnation to himself. Nor, need I tell you my Lord, that the world is generally mistaken in the meaning of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, unworthily, better Translated unbecomingly, or unsuitably (namely) to the Institution; as when Men make the Sacrament of Christ, or take the Sacrament of Christ, for no other 'Cause than a Test, or State-Sacrament only, making it the Sacrament of a Corporation, or, of Preferment only to get into a Ship, or a Fort, or on the Bench. And this Construction of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, we have in Ephes. 4.1. Col. 1.10. Phil. 1.27. 1 Thess. 2.12. Rom. 16.2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as becometh Saints, for there is none but Papists that plead the merit of Condignity, or, that any man is worthy of God, or worthy the Gospel, otherwise than as endeavouring to walk becomingly and suitably thereto. And to back this Interpretation, I have the great Le Groot, or Grotius on my side, a Name that with me outweighs all the Popish Priests put together. We are all Sinners, and the Sacrament's made on purpose for us, and none but those that have the gift of God of discerning of spirits infallibly by the Holy Ghost (as the Primitive Christians had) can judge of the truth of any man's Repentance, or consequently fetch power from the Scriptures to debar men from the holy Ordinances, or shut the Church-doors against them. I know, Priests have made a gainful Trade on't, but, abating that, By what Authority Divine do they these things, and who gave them that Authority, (I always except the Rubric in the Common-Prayer Book?) Sacramenta non sunt Vaenalia, Sacraments are too holy to be made Vendible Commodities; And if my Child shall not be baptised, till I have compounded with the Priest, whose Religion is— No Penny, No Paternoster; Nor if I must not come into the Church, but be barred out, till I have pleased, that is, paid the Sumner, the Register, the Proctor, and the Court-Fees, Good Lord deliver us. I know many People think 'tis a hard world since the Inquisition and High-Commission-Court were dissolved, now that Cursed Cows have short Horns; yet let them comfort themselves with Excommunication, and the Writ de Excommunicato Capiendo; for though the Writ de Heretico comburendo be burnt, and we cannot burn an Heretic for our Lives, yet the Writ de Excommunicato Capiendo shall imprison the Heretic, and bury him alive in a Jail, and what would men have? Methinks that should content them, Enough, Enough in all Conscience, a man would think, if they have any Conscience in them. What would they be at? Do they know? Do they not know when they are well? Will nothing serve— but Hang the Rogue, burn the Heretic, or crop the Roundhead in a Pillory? Time was— Ay, Ay, Time was, when a bold Fellow that durst speak the Naked-Truth, or, tell Rich men of their Roguery, he had as good have eat his Ears in the merry days of the Inquisition and High-Commission, But who can help the thing that will away? Truly, my Lord, I daily expect the Effects of the Fury and Rage of the Devil, and devilish men, that rage so much the more, as foreseeing their time is short. But (blessed be God) my shoulders are as big and large (of the largest size) as the most of Mortals, and can bear as much; I doubt not but they'll try my strength: A whole Legion of Sell-Souls will fall upon me for this little Book, better make one Back crack, than not load the Wretch that takes away the Trade of the Higlers and Retailers of Heaven and Hell, by which they have lived so long and so plentifully. But— I believe in God— not without some Faith and Hope (sure I have some grounds for it) in your Grace and Clemency: And for all your say, that yet you will alter your word, and not leave me to your Under-Officers; Alas! I am in their Clutches already, they have begun to squeeze me already, When shall I get out of their hands, can you tell me? How well will it become your Lordship, to heal the Breaches, and not stretch the Wounds wider, they gape, and are ghastly enough already, and all that I have hitherto writ (I told them so before but they would not believe) is but an Earnest-penny of what I have at their service; And, to serve you and the Church, I have much more in my head and heart. I am scarce yet warm in my work (extorted from me too) and I do but play a little about the skirts of the business, though some, perhaps, could wish me warm in Smithfield (their Christian requital for my great pains) if they might have leave to carry me and the Faggots thither. But those days are not (yet) come. To confute the Naked-Truth with the Arguments of Bloody Bonner, a Bonfire or a Jail, a Dungeon and a Pillory. Here's enough, in all Reason, for a Letter, writ Raptim and in Haste, I dare say, your Grace never had such another Letter (for length) in your life. And take it not in dudgeon, that in memory of our mutual and spiritual Alliance, I make bold to subscribe myself, MY LORD, Your most loving Brother, Most obedient Son, And most humble Servant, COLCHESTER, Decemb. 4. 1681. POSTSCRIPT. THE said Bishop St. Ambrose was not ashamed of his spiritual Kindred, to his Flock— Vos mihi est is Parents, qui Sacerdotium tulistis, vos, inquam, filii vel parents, filii singuli, universi Parents. Ambrose, Tom. 3. p. 89. in Luk. 18. No, no, Bishop Ambrose was not ashamed of his poor Kinsmen and Relations spiritual, as high and stout as he was; and scorned to Try them, Judge them, much less Curse them, Silence them, Stop their Mouths, and Excommunicate them by Proxy, or by his Under-officers. And yet he was a great Ecclesiastical Judge, as well as your Lordship; not a Judge at or of Common-Law, Statute-Law, the Municipal-Law, but a Judge by and according to Canon-Law. Canon-Law? Ay, if any Body can or does Judge by it this day: Canon-Law, Canon-Law, four or five great Folio's of it, too bulky to get well into any man's head, that is already stuffed full of Divinity. Canon-Law? 'Tis as easy to make a Rope of Sand, as to make the Canon-Law agree with its self: one Canon and one Council does so thwart and thwack one another. Canon-Law, in which whosoever is versed, shall find enough to fit almost any purpose; Had we not as good keep to the Canon of Holy Scripture? as to be led (to Sentence) by Proxy, and Lay-Doctors of Canon-Law, even just as they shall nuzzle things into our heads. But give me leave to mind you of one Canon-Law more, most agreeable to our English Laws: Concil. Carthag. 4. Can. 22, 23, 29, 30, 32. Episcopus si Clerico vel Laico crimen imposuerit, deducatur ad probationem in Synodum; & Can. 30. Caveant Judices Ecclesiae ne absente eo cujus causa ventilatur, sententiam proferant, quia irrita erit, imo & causam in Synodo pro facto dabunt. Let the Ecclesiastical Judges have a care and look to that they pronounce no Sentence in the absence of the Party accused, nor without consent of a Synod of Presbyters; if otherwise, it shall be null and void, etc. And most reasonable such (Presbyters too) as are of the Neighbourhood; for shall not our Temporal Estates, Free-holds, or moneys, no, not in Trifles be given away from us without a Jury of the Neighbourhood; And shall our everlasting Souls, and the liberty of our Bodies be given away by Proxy, and a blind implicit Faith in the Certificavit or Significavit of a single, malicious, peevish, interested, and revengeful Sell-Soul, Surrogate, Official, or Register? King Balak himself could not with all his Gifts persuade the wicked and mercenary Prophet Balaam to curse whom God had not cursed; but, in spite of his teeth, he was glad to say, How can I defy, whom the Lord hath not defied? Yet he loved Cursing and Mischief in his heart, and accordingly gave King Balak most wicked counsel, which ended in mischievous Events on all sides. No Judge, that has any thing of a Man in him, can pass Sentence of Death upon a Malefactor, (that deserves it) without some yearnings of the Bowels of Humane Compassion to Humane Kind. And shall a keen-spiritual Judge make no more of it, than to be you're and brisk, and ready pressed and bend to anathematise, excommunicate, silence, suspend and curse to eternal death, the Souls of poor Christians for every Trifle, to the Pit of Hell, and his Body to the Jail: Is this Christianity? Is this Religion? Learned we this of our Saviour? God forbidden. God forbidden, that Protestant-Bishops should be like the Bishops Luther speaks of (for this cause) To. 2. p. 310. Adversus falsum nominatum ordinem Episcop. Perinde, etc. It is with these wicked Bishops all one, as if the Devil himself should sit Mitred in the Chair, and Rule the People. The Introduction. SOME that have thought my Pen already too sharp and smart (those especially that have been galled, (sore men where the skin's off) and have (therefore) long lain at catch for somewhat whereby they might accuse me) will now (good men!) upon the reading of this Title-Page, Hug themselves for joy to see me again treat (at this time of day too) upon such touchy Subjects and Discourse, that a man had need have the dexterity to split a hair, that shall handle them pertinently, usefully, and yet safely and warily. Besides, a Coxcomb knows not how to write of such deep and high, dark and mysterious points of Divinity, Law and Policy; and none but a Coxcomb (say others) will speak Truth in this lying, cogging, fawning, dissembling, perfidious and treacherous Age. So that if I discuss these Arguments never so well and warily, yet if I speak out, plain and home (there's Piety in't indeed, but) where's the Wisdom and the Policy of it? says Sir Politic Would_be. And, therefore, as for the Naked-Truth-men, tear them, rend them, fleece them, shear them, hire Thompson and the Be-Jesuited Heraclitus to Libel them, belly and slander them all the Kingdom over, hire some Welsh-Taffee, of a Hackney-Tongue and Prostituted Conscience, with broad staring eyes brimful of Pride, Self-conceit and Fury, in all Companies, on all Occasions to bespatter them, Trepan them, Teague them, Taffee them, and Man-catch them; nay, (if they cannot be Godfreydized nor Arnoldized, yet) if you can hang them out of the way, What should they do living here? Make an Example of such fellows as have so little wit as to speak plain Truths in an Age of Hypocrisy. Did you never see a Crow or Magottepye sit pecking, and cawing, crowing and chattering upon an Ass' back, or a Swine's back? Why? these tame creatures are born for affronts: However, if they be rich, use all Arts and Stratagems (imaginable) to beggar them, that, Truth (if it will live and walk) may yet walk only the length of a Jail, and in a Threadbare-Coat. Which puts me in mind of that Jeering, Leering old Doggerel Rhithmer that said (of old) Curia Romana non captat ovem sine lana. The Roman-Wolf is no such fool To worry Sheep that have no Wool. Some have (anciently) rendered it in English thus: The Court of Rome does think it brave To Man-catch such as Money have. If any man think my style too Jocular and Airy for the gravity of a Divine, and so grave a Subject; let such busy Censurers use their own Lumpish Dumpish grave way, and lull themselves and their Readers asleep, and so get applause beyond the fame of Opium: whilst this facetious (I was going to say this Erasmus his) way of writing, catches the Reader gently, and insensibly, making him a Captive Volunteer, and (once entered) he knows not how to desist, though called away by business, hunger or sleep. What has any man to do with my way of writing? I do as little care (as I have little cause to hope) for a Plaudite: let Fame-catchers mind their stops, their cadences and their periods, I hate Affectation as much as I do Hypocrisy or the Vulgar: I'll follow my own humour, my Genius and Inclination, that which is most natural, is most to the life; and I had rather please myself than any man alive; let Knaves and Slaves, and Pimps and Sycophants cringe and screw their faces after the fashion, the French mode, or after the fashion of others, and Pimp for Preferment, I need none; I am a plain free Englishman that love my Country, and my Country's welfare, beyond their applause (I had almost said) or mine own repose, and so (God willing) I'll live and die. Yet not to vapour too much of my Public Spirit, I must confess (the Naked Truth on't) that if the publick-weal be gratified by any thing here writ, not I (but the men of Doctors-Commons) merit the thanks. For I am (by my temper, complexion, choice and inclination) of a retired Genius, I hate the crowd, a noise, a stage, or to be pointed at, or to appear in public (but especially) in Print: though (thank my fate) it falls out otherwise of late, and contrary to my beloved obscurity. Yet this I can truly say (in my just Apology) that I never appeared in Print of late years, but as I was hall'd, hurried and irritated by men that never yet meddled with me but to their hurt. But malice (like Murder and Gunpowder) will break out; (as it did on this occasion) which forced me in my own defence thus to take the length of their Sword, (I mean) their weapon, their only and none-such weapon, Excommunication. Which might have slept (for me) in the peaceful Scabbard, but that four or five Lay-Elders, four Lay-Doctors of the Canon-Law, and a Lay-Register, drew it upon me (a Divine) the last week; Bless me! (thought I) here's courage with a witness, for Laymen to attack a Spiritual person, and at his own Spiritual-weapon too (Excommunication.) And all this Delivery to Satan without the least fair Warning to bid me stand to my Arms, shift for myself, and stand upon my Guard against the foul Fiend. The best on't was, I was not so soon Thunderstruck with Excommunication for a Nonne-no, but I was sooner Absolved, namely, within half an hour (and less) after I first heard of it, but not without delivering my Purse; for the delivering to Satan by Excommunication, together with the delivery from Satan by Absolution in Doctors-Commons, cost me a Guiney (not to dissemble the matter) neither more nor less; I believe I shall love a Guiney for this trick (if it be but for this virtue inherent in it) the better as long as I live. Old Poets tell a Tale of Charon the Ferryman of Hell, that wafts men thither over the dismal River Styx, but he makes them pay Ferriage, a Naubum, in Scotch money Sex pennies, or a Baubee, in English two farthings for freight; but what they paid for being Scullered back again, is not in the Book of Rates, (I suppose) because 'tis needless, for Charon's- boat is always empty of Passengers back again. They tell a tale of no man that ever returned from Hell, except one Bagpiper, called Orpheus: and all may be but Fiction. But I tell you a real Truth, and that every man knows to be true, the Trade is currant and settled long ago (first) by the Pope betwixt himself and the Devil, and a brisk Trade (there has been) between the Devil and him, though of late somewhat decayed; and the price of Souls to the Devil, and Hell and back again, is much lowered of late days (though three hundred times better, and more advanced than what it was in Charon's time; for the Pope (I say really and truly without a Fiction, I know it to my cost to be true) made himself the real Ferryman of Hell, and though he did not carry Souls thither always himself, as did his Predecessor Charon, yet he sent them thither by his Emissaries, for nothing; but never suffered any man to be delivered from Satan, or absolved, but he made him then pay for his Journey thither by Excommunication, before ever he would suffer them to return by Absolution: and as bad as trading goes (for the Naked-Truth has almost quite spoiled it; yet) it is to this day absolutely the (best Trade) (I was going to say, (but that's a lie) but it is still the) most gainful Trade in Europe; for you run no hazard, but of the first waftage to Satan, and even then also, if ever they be suffered to return, they pay sauce, they pay for all at last; besides, a man runs no great hazard in stock, for a small stock will set a man up, a little Wax and Paper, and Pen and Ink, (except the place might cost somewhat at the entrance and admittance for a Garsome or Fine, but however) the Trade gins to brisk up again, and sometimes they shall make you, of one particular Soul, (especially if it be a Churchwarden's Soul) ten or twenty waftages; and for every waftage seven or eight pound, if it be a weighty and rich Soul, and long upon the Road or Voyage, for they go both by Land and Water; and of a poor Soul, and quick passage, perhaps not above ten Groats, (or such a matter (I am sure) I am within a shilling under or over, if it be a poor Churchwardens Soul) and sometimes thirteen shillings and four pence, and sometimes (I may well say) a Guiney. Well! 'tis no laughing matter, (Gentlemen) Proximus ardet, it may be your own turns in good time; there's no body has cause to laugh that I know but the Pope, and such as he first constituted Summoners, Apparitors, Surrogates, etc. they indeed may well laugh, they win. There are two Books of Naked-Truth (I ought to tell the Reader) the third Part, and fourth Part, that are fathered upon me, but they are spurious, and unlike me or my style; which is uniform (at worst) and some say so singular, that I need not put my name thereunto, 'tis self-evident, I never writ more Naked-truths' than This, and the Second Part of Naked-Truth; and the Vindication thereof against Fullwood. Nor had I writ this but upon the said occasion, nor troubled myself or the World with my Notions, if I had not been troubled in their Spiritual-Courts; for I love my retiredness, having been cloyed with the Flourish and Grandeur of the World before I chose to settle myself in an obscure and dormant Function, in being a Priest: In which silence I had for ever (as my desire was) lain hid, but Providence will have it otherwise. Yet, after two or three experiments, I think men are mad, possessed or bewitched, to trouble me, or trouble themselves with me, incessantly to instigate and provoke a man that studies to be quiet; if the Devil did not owe them a shame. The Reader cannot reasonably expect that accuracy of method, or spruce style in so hasty a Birth, Conceived and Digested long ago, but writ every word in that Weeks stay I made at London in the throng of other businesses; and far from my Study, my Notes and my Books. But he that will please to read St. Augustine in his 16th Sermon upon God's Word in St. Matthew; and in his first Book of the Lord's Sermon on the Mount; and Athanasius, chrysostom and Theophylact, and they will find that my Comment here, upon Matt. 18.17. is not Heterodox, nor Singular. I have but one thing more to beg of the Courteous Reader, viz. his Pardon for several escapes, lapses and tautologies, not to be avoided but by writing it over again: But I have no leisure, and less disposition to give it a second draught. Let it go, rough as it runs, blunt and unhewn, 'tis natural, and mine own. But neither I, nor the Reader, will repent our cost and pains if this do but help to blunt that keen and fiery edge of Excommunication, that has set all Societies in Christendom together by the ears, and has been the great (if not only) bane of Charity, (the sole Test and Truth of any Religion.) The two most Learned Pen's— Sir Thomas Moor and Erasmus (Contemporaries and great Cronies together) are both my Warrant and Authority as well as Precedent, for this Jocular way of writing on a weighty subject; which is nauseous, if it be (affected and) not free and natural. But if it be genuine, it is the most profitable way of writing upon a grave subject, because pleasant. For the most tough and sinewy Arguments are then most effectual, when made pliable to the capacity, and finely fitted to the head; which the said two great names ('tis rare, two in one Age) had got the knack of; nor were any of their time more beloved by some, or more hated by others: The former hated— even to death. The latter to damnation, or rather Excommunication by the Pope and Friars; and yet (for his great Learning, pleasant and facetious way of Writing) Canonised by others for a Saint: so that setting one against the other, ('tis fancied that) he is neither in Heaven nor Hell, but betwixt both, in a Limbus of his own. However, the Town of his Nativity, (Rotterdam) (as the seven Islands-Mediterranean contended for the Honour of being the Birth-place of Homer) in eternal memory of his Immortal Name, have set up his Effigies in Brass, in their chief Church, (as I am informed) styling him for their own Honour, as well as his, Erasmus Roterdamus. But no man ever (yet) writ so well (since the Christian World (was and is) so divided into factions) as to get every bodies good word, no, not our blessed Jesus himself; some said true of him, as Peter, Thou art Christ the Son of the Living God; and others lied, and said, Thou art a Samaritan, and hast a Devil. And it will always be so with the best of men, some shall not love him so well, but others shall hate him as much, either through their Native Virulency, Malignity and ill Humour, or else in envy of his Fame, Learning, Parts or Prosperity, will endeavour to blacken him, and do him mischief. And these Delinquents (the Fools and the Knaves) are by far the major part of the World, and therefore 'tis reputation enough (and to be sure the most lasting, and the way to be everlasting) if men be but acceptable to the few honest and wise; who shall eternize the memory, for fools bolts are not sooner shot than vanished, and the envy of knaves expires and ceases, and is buried with, and in the Grave of the Worthy. Besides, Truth is always prevalent and strongest at long run, if it be not smothered by an Inquisition, or a Jail, (the Popish methods of old, but) not practicable now, people are generally unhoodwinkt. And yet I deny not but the World (I mean) the vulgar, are not guided by Reason, Truth, or solid Judgement, but by Interest, Fancy, Opinion and Superstition, yet they are glad (always at long run) for their own sakes, to suffer the few wise men to Guide them and Conduct them lhrough the Labyrinths and Precipieces into which their follies have haveted them. But I have chosen (at my own peril) thus publicly to scribble my thoughts, the greatest Ringworms are best cured with Ink. Come on, Man-catcher, with both thine eyes, staring and wide-open, in hopes to snatch and catch at somewhat (here) that may (if possible) be wiredrawn and wrested, to make any thing here writ, to seem to Interfere with the Laws of God or Man. OF EXCOMMUNICATION; The Only and None-such Weapon of Ecclesiastical jurisdiction, CHAP. I. THE Thunder of Excommunication (say some) is a sacred piece of Ordinance, (and if duly let off) is the most Terrible and Dreadful of all Claps. Not to mention the after-claps that attend the Writ de Excommunicato Capiendo. Crimes against the Common-Law, or Statute-Law, as they are of a different Nature, of different Consequence, and different Dimensions (greater or lesser) have proportionably different Penalties and Punishments. Some merit a pecuniary Fine, some the Stocks, some the Whipping-Post, some Imprisonment only, and some are Mortal sins, and merit the Axe or the Gallows. But any the least contempt against the Ecclesiastical Jurisdiction (if it be but for not paying a Groat or two, or any such like least Piccadillo) is punished by the greatest and most dreadful scourge on this side, Hell; namely, a Delivery to Satan by Excommunication: And he that is the greatest Debauchee, Libertine, Atheist or Blasphemer, (though I never heard that ever any such was in my time Excommunicated; neither at Rome nor elsewhere) yet he thereby incurs no other Censure, nor with more dismal Consequences, then for the aforesaid small Peccadillo's are inflicted, viz. Excommunication. The Consideration whereof put me upon a Inquiry. 1. Inquiry, Whether Christ or his Apostles ever made such an Ordinance as Excommunication? And whether like to that in use amongst us at this day? 2. Inquiry, Secondly, If they did, who were the Administrators thereof? 3. Inquiry, Thirdly, Against what Offenders and Offences Excommunication was made use of? 4. Inquiry, Fourthly, How Excommunication at this day does agree with the Laws of God, and the Laws of the Land? 5. Inquiry, Fifthly, What good or harm Excommunication has done in the World? All these require the greatest scrutiny, care, diligence, caution and dexterity, to discuss. In which work, though there are many, very many of greater abilities, yet none I hope shall handle it with greater modesty, and always with due Reverence, and humility, and submission to the Laws, and my Superiors, whose pardon I humbly beg, if in any thing that follows I happen to transgress my bounds, in any error of my Judgement, there's no error of my Will I am sure. Besides, I am in my proper sphere, in treating of a point of Divinity, my proper Province and Function; And so necessary, expedient and seasonable in these times, and in this Age, which is (God knows) so full of scandals and offences, and so many millions daily liable to this terrible stroke, if the Laws as they now stand, be (as all Laws ought to be, whilst they continue Laws) put in Execution. For I am persuaded (and so must every man that has a grain of Charity) that not one Dissenter of a thousand; is wilfully and maliciously so; no man (who is out of Bedlam) wili willingly throw himself down a Precipiece; no man desires any thing that he judges evil, it is impossible; no, 'tis want of sight and understanding that makes men stumble, hesitate and fall: They walk in the dark, and that's the reason that Scandals and Offences are so many and numerous, and our Divisions so great, that nothing but Illumination can make men walk steadily in the way, the King's Highway. Some may well imagine that a man of my little Talon and Endowments cannot publicly hold forth a greater or better Light; or show the way clearer than those many thousands of more improved Knowledge and Advantages: And that therefore I do but actum agere, and labour in vain. However, I'll show my good will and charity, whilst wiser heads sit still. For what Charity can there be in us whilst (with dry eyes, and unconcerned) we see so many stumble and fall in the dark, and none lend a light, or a helping hand (if possible) to reduce men into the unity of the Spirit, and the bond of Peace: Let greater Luminaries carry their greater Lights in Dark-Lanthorns, but it is better to set it on a Candlestick, and publicly, that it may give light to all the House. If I do no other good, than hereby to incite others to clear this dark and mysterious management of Excommunication, it will be some satisfaction; however, I promise myself and the Reader that I shall not wittingly nor willingly express any thing contrary to the Law of God, and the Established Law of the Land. CHAP. II. THis being Premised, I will begin with the first Query. Query 1. Whether Christ or his Apostles ever made such an Ordinance as Excommunication? And whether like to that in use at this day? I answer, First, None can imagine that our Blessed Saviour, the Prince of Peace, the Restorer of breaches, that was meekness and lowliness itself, should give many eager or frequent commands to extirpate or dismember any of his Body; for he came to seek and to save that which was lost. And therefore we meet but with one place in all the Gospel that gives any colour to Excommunication; namely, Matt. 18.17, 18. But our Saviour (after all the caution imaginable of a mild and private previous proceeding and dealing tenderly with a Brother, a Jew, (that trespasseth against, thee) betwixt thee and him; (which if it took effect, the cause was stopped, and all further proceed, it went no further;) but when the method of cure proved ineffectual, The next remedy was (not to put him into the Court, or present him, but) to take with thee one or two more; to which, if the Trespasser would hearken, (though he had neglected and refused at the first private Conference, yet) there also all proceed were stopped, and the matter privately hushed up, to avoid scandal; and the Church or Spiritual-Court never heard a word of it, except these Prescriptions of our Saviour did not effect the Cure. And then, (and not till then) by any warrant from the Gospel, was any man to be put into the Court, or Sanhedrim, or, the matter told to the Church, or made a public business of. But then if the Criminal neglected to hear the Church, What then? Does he command the Church to deliver him to Satan? He only says— Let him be unto thee as an Heathen-man and a Publican. Which words can have no other Grammatical Construction, but that thou shouldst look upon him as a man that regards not the precepts and admonitions of the Jewish Sanhedrim, more than does a Heathen-man or a Publican, that never pretended to be subject to them, nor Subject in the Kingdom of God, and therefore thou mayst take thy course at Law with him, and bring a Clausum Fregit, or Action of Trespass against him, before the Roman-Magistrates, in their Courts of Judicatory, as you may against a Heathen-man, (that is, a Gentile) or a Publican. For the Publicans (though many of those Excise-men, Toll-gatherers, or Custom-gatherers were Jews by Nation and Religion too, and some of them Jewish Christians, yet they) were Herodians, (that is) true Conformists to the Roman-yoke and Government; and therefore odious to the Puritanical-Bygots (the Hypocritical Pharisees) that looked with scorn upon all Mankind (and as Dogs despised and hated all) if they were not of their Religion, or rather foolish Superstition. The best Comment upon Holy-Scripture is its self, and the best Interpreter of our Blessed Saviour's sayings, are his own and his Apostles Words and Actions. A like Saying to this (of Matt. 18.17.) we have in Luk. 17.3, 4. where our Saviour says, If thy Brother trespass against thee, if he repent, forgive him; (that is) if he pay the Trespass, and make thee satisfaction, and confess his fault, and be sorry for it, and promise amendment, (for without these there is no true Repentance) then forgive him seven times, and seventy seven times, even as often as he shall sin against thee; and neither Court him, nor Sue him in the Spiritual-Court, (before the Sanhedrim or High-Priests-Court) nor yet in the Temporal Courts of the Gentiles, or Heathen-men and Publicans. For our Blessed Saviour does not say, Let him be to the Church as a Heathen-man or a Publican, which the Pope to colour the Authority and Jus Divinum of his Excommunications (as he does that of Christ to Peter— Thou art Peter, and upon this Rock will I build my Church) does without any ground or colour (as politicly as sencelesly) Construe and Interpret. But our Blessed Saviour only says, Let him be to thee, (to thee, not to the Church) as a Heathen-man or a Publican: (that is) thou mayst lawfully then Sue thy Brother Jew at Law, as well as any Gentile, or Heathen-man, or Publican. Nor did ever any solid Scholar or Divine (that was not prejudiced and forestalled in his Judgement, which is usually the same with that of their Mothers and Catechisers, for few men have wit enough to see and choose their own way, and know why and wherefore,) following (like Horses in a Team) with Nose in Tail of their Predecessors, I say,) never an unbyass't man that ever I yet met with, could prove Excommunication out of Matt. 18.17. But what may be concluded from the next, Ver. 18. shall be examined by and by. But Matt. 18.17. (to my understanding) sounds much like that of St. Paul, 1 Cor. 6.1, 2, 3, 4, 5, 6, 7. Dare any of you, having a matter against another, go to Law before the unjust, and not before the Saints? Do ye not know (that the Saints shall judge the world? and if the world shall be judged by you, are ye unworthy to judge the smallest matters? Know ye not that we shall judge Angels? how much more things that pertain to this life? If then ye have judgement of things pertaining to this life, set them to judge who are least esteemed in the Church, I speak this to your shame. Is it so that there is not a wise man amongst you? no not one that shall be able to judge between his brethren? But brother goeth to Law with Brother, and that before the unbelievers. Now therefore there is utterly a fault amongst you, because you go to Law one with another: Why do ye not rather suffer wrong? Why do ye not rather suffer yourselves to be defrauded? So that when Jews or Christians happen to live in subjection under a Gentile, or Heathen-Government, than that of our Saviour, Matt. 18.17. and this of Saint Paul, 1 Cor. 6. is a Rule for them to walk by, as to going to Law. But if the Romans had not Conquered and given Laws to the Jews (as they did in our Saviour's time) and also if Christians do not live under a Heathen-Government, then Matt. 18.17. and 1 Cor. 6. has no place, nor is there any occasion for those Rules, but they are Rules only in such cases; nor is it heard of in an Age (I know it, that have lived amongst the Jews) that the Jews go to Law one with another before the Christians, or put them into a Court-Christian, or Court-Mahometan. But in a Kingdom or Country where the chief Magistrates are Christians or Jews, there is no place nor occasion for this Rule; namely, Let him be unto thee as an Heathen-man or a Publican: And therefore this Text is nothing to prove, or colour Excommunication at this day, nor ever was in our Saviour's time; 'tis nothing to the purpose, but a foolish Popish groundless Comment. But as this Comment arose from Popish Politics and Prelatical Usurpation, so it was grounded, and is yet countenanced, by and from a vulgar error; Namely, That the Synagogue or Sanhedrim amongst the Jews, was only a Spiritual-Court, or Kirk-Administration; and that all the weapons they had, was putting out of the Synagogue, or debarring and excluding from the Sacraments, Ordinances, Divine-Service, and all Spiritual and Ecclesiastical-Communion: And not one of a thousand at this day but so accept it. Whereas in truth, the Sanhedrim, Kirk, or Synagogue, was no more a Spiritual Ecclesiastical Court, than those amongst us in Westminster-Hall, or at the Assizes: For the Sanhedrim or Synagogue acted by a standing Commission of Oyer and Terminer; there was not amongst the Jews (especially in our Saviour's time, when he spoke those words, Matt. 18.17.) two distinct Jurisdictions, Ecclesiastical and Temporal, one for the Soul, another for the Body: (for such differen Courts are apt to clash, and keep a quarrelling, or ado, with Prohibitions, Consultations, and I know not what.) But the Lord-Chief Justice was also Highpriest and Chief Magistrate: and all the Inferior Courts had Jurisdiction over all Persons, and in all Causes Ecclesiastical and Temporal, called the Sanhedrim, (the great, the less) and sometimes, and usually, the Synagogue. Which Synagogue, I say, was carried on by Commission of Oyer and Terminer, and never Excommunicated any man; that is, never debarred any man from the Sacraments, Sacrifices, and never shut any man out of the Church or Temple if he was a Jew, though never so profane. But the Kirk or Synagogue, Church or Judges, or Justices of Peace, Magistrates (call them what you will, for they) were one and the same men, as they are at this day in Turkey, Persia, and the greatest part of the well-governed World, as well as in the Theocratye of the Jews, the Government of Gods own making. Moses was Lord-Chief-Justice and Priest too, and Consecrated and Ordained Aaron and his Son; Moses Promulgated Canons and Constitutions (not only temporal, but) Ecclesiastical. Joshua (nor Eleazar) was commanded by God to look to and take care that the Israelites should be Circumcised the second time; neither was he to except any amongst them, or debar them from the Ordinance, although the most wicked and debauched; (except haply they were Circumcised before upon another score, than indeed I do not know how they should be Circumcised again.) And God commanded Joshua (not Eleazar) to Celebrate the Sacrament or Passeover, as soon as they had got over Jordan; nor from that Sacrament was the most vicious debarred, that ever we read of: the greatest Sinner sure had most need of it, for the whole have no need of Physic, but them that are sick. Ely was Lord-Chief-Justice and Chief-Priest too, and so was Samuel. King David also was the Prophet David; 1 Chron. 23.5, 6. 1 Chron. 24.3. and King Solomon the Wise, was Ecclesiastes or the Preacher, and both of them ordered the House of God, and how matters should be carried on there; and placed and displaced the Priests, and set them their Lessons, and told them their business and their errand: and when Solomon's Temple was Built, he Consecrated it himself, 2 Chron. 6. Indeed good King Jehosaphat made a Council of State, or Sanhedrim or Synagogue, of a mixed Company, parte per pale, Priests among the Lords, Judges; a compound of Clergy and Lay-Elders, for the Judgement of the Lord, and for Controversies, 2 Chron. 19.8, 9, 10, 11▪ and all Causes that should come before them between Man and Man, City and City, Blood and Blood, according to the Law and Commandment, Statutes and Judgement: But afterwards the Chief-Priest got the superintendency, and was the chief Magistrate. But our Blessed Saviour did not like that Spiritual Men should dirty themselves with the World, and Worldly matters; and therefore refused to be a Judge, (when the Preferment was proffered him) in Civil-matters, and charges his Disciples that they likewise should not exercise Dominion nor Lordship, as the Princes of the Gentiles, Luke 22.25, 26. And St. Peter reads the Bishops or Presbyters (for a Bishop was a Presbyter in those days) just such another Lecture, 1 Pet. 5. But who minds what he or our Blessed Saviour (either) do say in the Case? And yet we all pretend to be Christians. Certainly that Constitution and Frame of Government that cometh nearest to the Platform (and is most agreeable and suiting with the Laws of God and is the best Form, and Frame of Government. Keep therefore and do them (says God by Moses, Deut. 4.6, 7, 8.) For this is your wisdom and your understanding in the sight of the nations, which shall hear all these Statutes, and say, Surely this great nation is a wise and understanding people. For what nation is there so great, who hath God so nigh unto them, as the Lord our God is in all things that we call upon him for? And what nation is there so great, that hath statutes and judgements so righteous; as all this Law which I set before you this day. And in all that Law, (I will maintain it against the World) we do not read that any man living was for wickedness deprived of the benefit of the means of Grace, of the comfort and help of the Sacraments, Words, Sacrifices, or shut out and excluded the Church or Temple. Indeed the Leper, and the Unclean, etc. were debarred from the Crowd and Assembly (for fear of Infection in that hot Country) but no man's wickedness, or ill life and conversation, or misdemeanour, or contempt, or scandalous behaviour was punished by depriving him of the Word, or Sacraments, or means of Grace (that we read of) in the whole Scriptures, either Old or New Testament. And if it be not found in Holy-Writ, you may easily know whose invention it was. For the truth is, Covetousness invented it and Pride together; the Pope invented it, and being greedy and rapacious with his Legions of Lordly Priests and Cardinals that topped the whole World: and Money being a kind of necessary Utensil in the Grandieur of Courts, as well as the sinew of War, and crocking himself in vain by smutty Chemistry to find the Philosophers-stone, he turned his Keys (of Heaven and Hell) into't, and made a Philosophers-stone of them, and made them turn every thing (they touched) to Gold. Has any man a mind to go to Heaven? you must ask the Porter leave, he keeps the Keys (he says) of Heaven-gates, Come— enter in, but first pay the Porter, leave your Purse behind you, you'll need no money there; therefore— Deliver your Purse. Our Blessed Saviour (indeed) does say to Peter, Behold, I give unto thee the Keys of the Kingdom of Heaven, and whatsoever thou shalt bind on Earth, shall be bound in Heaven, and whosoever thou shalt lose on Earth, shall be loosed in Heaven. But what's all that to the Pope more than other Presbyters? For Christ gives the same Commission to all the Disciples (after he had first breathed upon them the Holy-Ghost.) Joh. 20.22, 23. Whose soever sins ye remit, they are remitted unto them, and whose soever sins ye retain they are retained. And when the Pope or any other Popelings, or any other sort of people are Successors to these gifts of the Holy-Ghost, or that Christ would vouchsafe to breathe upon them, or send down the Holy-Ghost upon them, as he did upon the Disciples, than (and not till then) has any Mortal man power upon Earth to forgive sins. For who can forgive sins but God only? said the Pharisees truly; but they applied it wrongfully, through their ignorance of the Divinity of our Blessed Saviour, which he endeavoured to Discover unto them, by (that saying to the Cripple) Thy sins be forgiven thee; but they were blind and could not see. Can any man in his wits imagine that God should give such power unto men (the wickedest and vilest of men) to forgive sins? Can any man be a good man, or indeed any thing in Religion, (in true Christian Religion) without true Charity? 1 Cor. 13. 'tis impossible, be his other qualifications and endowments never so great: be he Pope, or Bishop, or Priest, or what he will. And yet the Pope makes the silly Papists believe that he can fetch Souls (not only out of Purgatory) but also make All-Souls (in Hell) All-Saints in Heaven, and leave the Devils alone, if he list. Can he so? the more uncharitable Devil he (then) by his own showing. Had that wicked Levite a grain of Charity, that seeing a poor distressed man miserably wounded, and that fell among Thiefs, and turned his face (hard heart!) and looked another way, and went on the other side of the way, for fear he should reach a helping-hand; give me the samaritan for all such Levites. Much less can the Pope have a grain of Charity, or (therefore) any goodness (indeed) or Religion, or any Christianity, when he can (if he do not lie) redeem all the damned out of Hell, now roaring in torments, and will not; and all the Souls out of Purgatory (and the fire of Purgatory (the Papists hold) is hotter than Nebuchadnezzar's fiery Furnace, but I cannot tell, nor I hope never shall know:) and yet groaning and frying as they lie there, the Pope (hardhearted wretch!) can deliver them, but not a Soul of them, except they, or somebody for them, down with their dust, and ready Derby; they will not trust for a twelve-penny piece, (which is the price of a Mass (it seems) now a-days, but when I was in Spain and Portugal, they were cheaper, one might have had two for a shilling, and thank you too; nay, an Irish-Fryar, a Teague Benedicite would make you twenty Legs too into the bargain, with Above, bou, bou; by Chrees and by St. Patrick; Fait and Trot, by my Shoule, Joy. Never did such a silly cheat reign so long before in the whole World, but it was only because they kept the people in ignorance; and if any man durst offer to enlighten them, and speak the Naked-Truth, the Pope, and his Inquisition and Emissaries were as spiteful, cruel and devilishly bloody as any are now amongst us at this day against the Naked-Truth. They are vildly loath to lose their domineering, insulting Kingdom of Darkness, and are as mad as Bethlehem, if men will not be Asses and tame Beasts, and suffer themselves (as of old) to be caw'd, crowed over, and Priestridden. 'Tis said of the Germans, That (just before) God had raised up Luther to awake them and rouse them, they were grown so sottish and be-jaded (having so long been Priestridden) that their Priests might almost have persuaded them (not only to lie down and let the Priest whip them) or, (which is as bad or worse) make them whip themselves (both of them daily Penances at this day in Popish-Countries) but also they might easily have been persuaded (poor Asses!) to eat Grass. Surely English men are not so dull and tame to be Hen-peckt? or to be rid and bestrid at such a rate, I hope: I confess, I have not the patience to endure it. But though the Pope says Christ gave Peter (that is himself (he says) though his name be Pius, Sergius, Innocent or Alexander) the Keys of the Kingdom of Heaven; be it so, we will not now quarrel about it: yet, how the Devil and he should be so kind, that the Devil should trust him or prefer him to a Porter's place in the Kingdom of Hell, I cannot imagine; I am sure there is no Scripture for it. Nor any reason, or any thing else in the case, but the Money-case. I think, I have sufficiently evidenced that in Matt. 18.17. there's nothing like it; nor from (or in imitation of) the Jewish-Church, and God's Platform of his own making, neither God nor Christ, in the Old nor New Testament ever gave Authority, Power or Command to any man, Highpriest or Low-Priest, or any Assembly of men, Clergy or Lay-Elders to turn men out of the Church, and shut and lock them out from Divine Ordinances (the comfort as well as cure of Sinners) much less did ever prostitute such Sacred Mysteries to sale, and make a Money-matter or a Money-business of it; this was the invention of Pluto, the Money-God, or Money-Merchant; or his Factors, the Popelings. Nevertheless, though I assert this, yet I do not deny but the King and Parliament may empower Bishops or who they please, to Excommunicate, but, I say, I see no Scripture for Excommunication. Indeed in our Saviour's time the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Sanhedrim or Synagogue, or Courts of Justice were Jewish-Justice, but put into Commission by the Roman Governor; the Highpriest was a Jew; but ordained by the Emperor or Roman Governor, nor durst not call a Court or Sanhedrim, but by permission of the Romans. Archelaus the Son of Herod was by his Father constituted and appointed (in his last Will and Testament) King after his Father's Death, but he durst not own the Name of King, till Caesar confirmed him. Nor durst the Highpriest act (till confirmed by the Roman-Governour,) in any great affair; as Josephus relates in his 20th Book of Antiquities; and he was in a grievous quandary for procuring the Death of James (the Just) the Brother of our Lord, during the interregnum after Festus his Death, and before Abbinas his Successor was arrived in Judaea in his Government. But I say the Romans usually granted the Conquered Jews to use their own Laws, and to be governed by their own Highpriest and Countrymen, and Sanhedrim, but always under favour and under correction still of the Romans. This Sanhedrim or a Synagogue (then) was the same (in Christ's time) as appointed in the Law of Moses; namely, the High-Court of Justice, and the Lower-Courts of Justice, and all the Magistracy they ever had. But our Blessed Saviour he never changed the Covernment that was enacted and established by Moses' Law, nor suffered his Disciples to innovate any thing in the Civil-Government, or (which is all one) Spiritual-Government, Sanhedrim, or Synagogue. Which if our Saviour had ever spoke against, no doubt but his Adversaries that lay at catch would have accused him of it, and laid it to his charge, when they so thirsted after his Blood. Of this Court of Jewish-Magistracy our Saviour speaks, when he says (in Matt. 18.17.) tell it to the Church, or Synagoge, or Sanhedrim. Which, I say, was not a mere Spiritual Court, no, no, it was no Bawdy-Court, but a Court of Justice, for Trying Causes, whipping men, beating them, stoning them to Death. In this Court St. Peter and St. John were threatened, and St. Stephen stoned, Acts 7. And the same Court had stoned Peter and John too, but that they durst not for fear of the people that were so taken with them, for that a notable Miracle had been done by them in curing a Cripple that was born Lame from his Mother's Womb, Acts 3. and this was such an evident demonstration of the hand of God going along with them, and done so publicly, and only with a word in the powerful Name of Jesus, that the people could not but admire it and applaud it. Whereupon they were put to a notable plunge, and when they had laid their Heads together, Acts 4.15. They were at their Wit's end, and knew not what to do, Acts 4.16. For on the one hand they resolved to do all the mischief they could or durst; and on the other hand they had no other colour for doing mischief to the Apostles, but only that they had done good and cured a poor Cripple, and that would bear no colour for their intended cruelty against them; What shall they do? What shall they do? They were mischievously bend, and were resolved to do as much mischief as in them lay; but that that perplexed them, and put them to this sad perplexity, the people, the people could not be gulled with any colourable mist to blind their eyes, and make them believe they punished the Apostles for Treason, or Sedition or Heresy; therefore the Text says, Act. 4.21. Finding (they sought but they could find) nothing how they might punish them (the Apostles) why could they find nothing? 'tis answered in that Text— Because of the people; for all men glorified God for that which was done. Ay, ay, that's the right and only way of return to God for manifestation of any Naked-Truth by his Servants, to glorify his Name for the same. And why should not the Sanhedrim have glorified God for the same, as well as the people? Had not they Souls to save as well as the people? What was this Sanhedrim or High-Court of Justice made up of? Who were the Members of this Council? It is answered, Acts 4.1. The Priests (Ay, Ay, I should have wondered else, at a piece of mischief, if I had not found the Jewish-Priests there in the first place, next) the Captain of the Temple, and the Sadduces. A fine medley, of Priests, Soldiers, and Atheists; for so were the Sadduces: the Jewish-Church was like to be well governed; nor do I wonder they went about, in the next Verse, Acts 4.2. to suspend the Apostles ab officio, or silence them from Preaching, being grieved (good hearts!) that they taught the People:— Whereupon they put them in Jail for that Night, (designing to get all or a greater number of their Council together (upon so good an occasion too) And then appears a great Motley crew, made up of Rulers, and Elders, and Scribes, and Annas the Highpriest, and Caiaphas, and John, and Alexander, and all the High-Priests Nephews, Cousins and Cousin-germen. This is only to show you what the Church was that our Saviour speaks of, Matt. 18.17. Tell it to the Church, is as much as to say in England,— Complain in Westminster-Hall, Sessions, or Assizes. For want of the knowledge whereof, Excommunication has been counted a sacred Ordinance, and every little gathered Church (as well as the great) took upon them the Government, and thought themselves somebody, and would have power over their own Members; to interdict, deprive, cut off, etc. and woeful work they made with it; Johnson and others that fled to Holland, and had a gathered-Church, and cut of, and cut off Heretics, and wrong Believers, till he left himself alone, or but with one, that just jumped with him in all things. And indeed (as in the Mathematics) when a crooked Line deviates from a straight Line, the further it reaches in length, still the greater distance and more irreconcilable: so here this Text of Matt. 18 17. being mistaken and wrong construed, the longer the error lasts, the greater mischief and the harder to be reconciled. For this Interpretation has leavened not only Diocesan, Synodical, but Presbyterian, Independent, and Congregational-Churches, till they have fought one another with this Spiritual-Weapon most Bloodily, and they knew not wherefore; they are mistaken in the words of their Commission, Father forgive them, they know not what they do. I deny not but that a Bigot, Papist, Protestant, Presbyterian, or any other Sect (that believes the Church has this power, at this day, to bind and lose, and knows no better than the old Traditional-Interpretation of these words— Tell the Church) have, and may still (if they please) be frighted out of their little Wit with the thunder of Excommunication; thinking it Jure Divino, and that the Thunder comes from Heaven. But I doubt not, but to prove how far it is a mere earthly Cracker, and a Bugbear, and frights none but Women and Fools; were it not for the Writ— de Excommunicato capiendo— that follows in the Rear of it. I know well how the Emperor Theodosius the younger was frighted out of his little Wit, because a silly Monk had Excommunicated him, and could not eat▪ drink, nor sleep till he absolved him; there has and will be Fools and Coxcombs to the World's end. Nay, men that are in all other things wise, yet if they once be possessed with the Spirit of Bigottism and Superstition, and be Priestridden, not minding what the Holy Scriptures say, but what comments the Priests (for their own lucre, and to uphold their Prelatical Hierarchy Dominion and Usurpation) put upon it, are easily Bugbeared with this cracker of Excommunication: as was that bravest of Men and Warriors, the Emperor Theodosius the Elder, Excommunicated by Ambrose, the greater sinner of the two. Not but that the Emperor might be in fault, in some fault, (as what great Warrior and Conqueror (as he was) can possibly be innocent, and have hands clean from any stain of Blood,) but whether he was in fault or no, is not easy to determine; read the Story in Nicephorus, and though the Emperor did command the Soldiers to humble the City (that were certainly Traitors, and were Guilty laesae Majestatis, in abusing most shamefully the Statues and Picture of his dear Wife and Empress, and possibly the Soldiers might (they are apt enough, too) exceed their Commission when there is good plunder in the case. But the poor Emperor must pay for all, and smart for all. For indeed he was not Emperor (but a Bigot) I mean, he did not know his own Strength, Power and Authority, but suffered himself to be nuzzled by Ambrose, that formerly had been a Captain, and now was made Bishop of the same Town (Milan) that he had formerly been Governor of; but he forgot not his stout heart, though he had put on his Canonical-Weeds: read but the Story, it is too long here to insert, but, you will then (with me) pity the poor Bigot Emperor, got into ill-handling, and under the clutches of a Priest that well knew the Ascendant he had over him. For even in these days a Bishopric begun to be a stately business, and not only a good (but a great) thing, and had been so (of 100 years standing;) namely, ever since the good Emperor Constantine had been so wonderfully Enamoured of them Bishops, and therefore he made them rich; and riches are apt to make men proud; and pride is apt to make men fall: And there's an end on't. But if the Sanhedrim or Synagogue had been a Spiritual-Court only (as men make it that thus Construe— Tell the Church) then certainly it was a Bloody Court as well as a Bawdy Court; for St. Paul confesses that he had a Commission from thence to Imprison men, and put them to Death, which surely was Law; or else King Agrippa, and Festus the Roman-Governour would have chastised him for it, when he confessed, Acts 26.10. that— many of the Holy men he shut up in Prison, having received Authority from the Chief-Priests (mark that) and when they were put to Death, he gave his Vote for it; and punished them oft in every Synagogue, or Church; so that I say, Tell it to the Church, or Synagogue; (is) Complain to the Justice, and no more. And it is strange indeed that Christ should in those Words of Matt. 18.17. set up a new Jurisdiction in the World, and the Apostles (who at that time knew nothing of nulling any of the Law of Moses, or that Christ should die, and yet) should make no exception to it, or question to have it more explained, if it were to be a standing Sacred Ordinance to vouch Excommunication to the World's end. And as strange that none of the Evangelist, (but St. Matthew only) should make any mention of it; only St. Luke 17.3. makes some little hint of forgiving our Brother, but not a word of putting him into Court, or presenting him. If we can but as well get over the 18th Verse, I fear Excommunication will tremble and shake for fear of being Excommunicated itsself. Matt. 18.18. Verily I say unto you, Whatsoever ye shall bind on Earth, shall be bound in Heaven; and whatsoever ye shall lose on Earth, shall be loosed in Heaven. And (to put in all the other Texts together, that the Bonarges or Sons of Thunder do muster up to maintain their Thunderbolts of Excommunication,) we read, Whose soever sins ye remit, they are remitted unto them; and whose soever sins ye retain, they are retained, Joh 20.23. So also, 1 Cor. 5. There's an Order sent out for Excommunication, thereby Decreeing the Incestuous Person to be Excommunicated. And, 1 Tim. 1.20. St. Paul says he delivered Hymaeneus and Alexander unto Satan, to teach them better things than to Blaspheme. Also a Heretic after the first or second admonition reject: And for contempt, 2 Thes. 3.14. If any man obey not our word by this Epistle; note that man, and have no company with him, that he may be ashamed. Then, 2 Cor. 10.4, 5, 6, For the weapons of our warfare are not carnal, but mighty through God for the pulling down of strong-holds. Casting down imaginations and every high thing that exalteth itself against the knowledge, of God, and bringing into captivity every thought to the obedience of Christ. And having in a readiness to revenge (mark that) all disobedience when your obedience is fulfilled. Which last Clause, I confess, I do not understand. Then there is that of, With such an one, no, not to eat. These are the chief, if not the only places, pretended to vouch the Excommunication. But as idle and far from the purpose as if we should allege, Mark 16.17, 18. to prove ourselves Believers; namely, He that believeth shall not be damned: And these signs shall follow them that believe, In my name shall they cast out Devils (hence comes the Popish Holy-Order called Exorcists, or Conjurers) They shall speak with new Tongues. Hence came the Opinion of the necessity of University-Learning, and to be a Linguist before you are capable of being in Orders (or to be a Teacher or Preacher.) They shall take up Serpents, and if they drink any deadly thing it shall not hurt them; (but (here) in this the Popish Mimickry and Mountebank-Tricks, in endeavouring to imitate the Holy-Ghost, wanted courage and faith to play tricks, and try conclusions:) They shall lay hands on the sick and they shall recover (there's no danger in trying that experiment) but because the Priest palming the poor sick man did not restore him to life, they would palm him indeed (in their Holy Unction) and Anoint him with Oil in the name of the Lord, but being fruitless, they say, it is not for life, but death, not to cure, but kill, and they never anoint them but when the Physicians have given them over and past Recovery: whereas the Apostles laying hands was for their Recovery. But now in Popish Countries (I know it) if once the Physicians have given a sick man over, the Clergy have him then; and though nature (as many times) shakes off and Conquers the Disease, yet they will not suffer the sick man to take either Food on Physic, till they be paid for the Burial, and Funeral charges, and his Legacies to Monasteries, Friars, Nuns, etc. made good in his life-time, and paid (live or die:) a most Barbarous, Inhuman and Devillsh Religion, as ever any Prince could be converted unto, that did not also hope to go snips with them in their Arbitrary-Tyranny, Cruelty, Oppression, and Bloody mindedness. But I say those Texts to Legitimate Excommunication, (that has so vexed and perplexed, and ruin'd the Peace of Christendom, and all Christian-Societies, and humanity itself, (the true Lycanthropye, that has turned men to Wolves, to worry one another) is no more to the purpose to vouch Excommunication now a-days, because the Apostles could bind and lose, deliver to (and free from) Satan, (no more I say) than that in Mark 16.16, 17, 18. can be brought to prove that we are all Infidels, and shall be damned. For immediately after he says, He that believeth not shall be damned, he adds marks and signs to know who shall be damned, or who does, and who does not believe; namely, They shall cast out Devils, etc. But hence comes the mischief in the Christian-Church, men will take upon them to be Doctors, (and I know not what) Interpreters of Scriptures, but they never mind the context, or if they do, they imbibe their Principles from their Mother, or School-Dame, or Pedagogue, or Tutor. Hence, men of equal Parts and Pregnancy live and die Papists or Protestants. Wherefore? their Nurse, and Pedagogue, and Education were such; (a fine account!) and yet every man knows 'tis true: And they are no fools neither, in Trade, in Law, in Human-Learning— equally excellent, but Imbibed Superstitions few men have reason and strength to shake off, as Samson did his Cords and Wyths; But every man is not a Samson, the same would have hampered an ordinary man, and made him a foolish prey to the Philistines, the Bloody Philistines, and nuzzled to it by a Female or a Wench, (a Dalilah.) CHAP. III. THus concerning Excommunication have men, good men, Pious men, Learned men, slavishly tied themselves (as I said before) like Horses in a Team, to follow those that have gone before them, (their Predecessors) right or wrong; especially if the Leaders be Jolly and Fat, Brisk, and well Accoutred, and reputed in the World, that seldom judges right of Truth, but only through the false spectacles of Interest and Education: so that they do not so much employ their Learning and Wit to confirm Truth, but the Opinions that best fits their Preferment, or best pleases their Genius, (namely) as Imbibed and Tinctured by Education. Otherwise 'tis impossible but men should know the fallacy of the consequence, that what the Apostles could, did, or had order to do; therefore we may or must do it: What nonsense is this? Peter trod Water, (at Christ's bidding) and yet ne'er a Priest in England dare venture to follow him or imitate him, except he can swim; nor pretend (herein) to be his Successor Apostolical. Peter killed Ananias and Saphira with a word; there's ne'er a Priest in the World (I do not say will, but) can imitate him; if he could, he should not then need to have employed the Magistrate in his drudgery— to Burn Heretics, and Jail those that the Priests Excommunicate; (a mighty Honourable Employment) and the Magistrate is mightily beholden to the Clergy for the Office, mean while (But this by Parenthesis.) Peter's shadow passing by, cured the sick; they that pretend to his Apostolical Successors, and Apostolical men, never cured any man: Peter with one Sermon Converted 3000 Souls: The Apostolical pretenders Preach not one farthing better (many much less, I do not say much worse) than when they were poor Priests. Peter set ope' the Prison-Doors and made a Goal-delivery: But some the Goals would fill, if they might have their Will. Peter said indeed— Silver and gold have I none— And these indeed scarce know when (nor think) they have enough. In short, as I said once before, I protest, I do not know wherein St. Peter's (pretended) Successor, imitates Peter, but in denying his Master; I wish I could see him on the stool of Repentance, and weep (as Peter did) weep bitterly: Instead of making others weep, with their Inquisitions, High-Commissions, and their Tricks and sham's, making the poor Widow and Orphans weep and curse them; Apostolical men! Successors and Imitators of the Apostle! For shame no more! With what Forehead? I hate the Impudence more than the Hypocrisy. Paul laboured with his hands to get a Living: others labour to undo men and their Families. Paul had a Viper on his hand, did him no hurt; others have Vipers in their hearts, and do as much hurt and mischief as in them lies. Paul raised Jairus' Daughter to life; these, breathe nothing, but Goals, Pillories, Excommunication and Destruction: Paul Excommunicated Swearers and Blasphemers; and some Popes (History says) and Apostolical men would Blaspheme upon occasion, Curse and Swear like Hector's: But what and wherefore, in nomine Domini, do these men pretend Right to Excommunicate, because St. Paul did it, or the Primitive Church of Corinth? (that had both St. Paul's special order for it, and his Spirit, and his Sentence, 1 Cor. 5.3, 4.) They had Gifts of the Holy-Ghost (particularly that, without which no man was so impudent to bind or lose, or pretend to the power of the Keys in the Primitive times, that wanted it) namely, the Gift of Discerning of Spirits. St. Paul could see through a man, into him, into his very heart; so could St. Peter, and therefore did that, which is a sin in any of us to do, that have not the gift of Discerning of Spirits. Therefore St. Paul called the Conjurer Elymas, Enemy of all righteousness, and Son of a— Devil: and St. Peter, by his Spirit, perceived that Simon Magus was in the gall of bitterness and the bond of iniquity. The Pope and Popelings are ready enough at calling of Names, but clavis errans, they Nickname men, and call him a Child of the Devil, that is more a Child of God (a thousand times than themselves) and yet they'll be doing their endeavour and goodwill to deliver them to Satan, and yet God will not suffer Satan to take one of them that they Excommunicate, that we know of; no signs, nor marks on't: but rather, as they say, of the Foxes proverbially, The more they are cursed, the better they thrive. Take him Satan; Satan will not: then take him Magistrate, he must. Whereas the Apostle Paul, that made the Church of Corinth Excommunicate the Incestuous person, it was for the destruction of the Flesh, and Diseases (as they did Job, when God Excommunicated him or delivered him to Satan) either killed him, or brought him nigh unto the Grave; if great Godly sorrow did not intervene. Away— with this Mimickry and Pageantry, and Apish Imitation— If we have the Spirit of the Apostles, we are Apostolical men indeed; they, (Peter and John) Acts 8.17. Laid their hands on the Disciples, and they received the gifts of the Holy-Ghost. So, the Pope and Cardinals, etc. they will be imitating, and seem to do something, and they'll Confirm by Laying on of Hands (but not that neither right, according to their own Rubrics, as I'll show by and by) but cui bono? Away with Lying and Vanity, let God be True and every man a Liar; I would appeal to any man's Conscience, If ever he received any Gift of the Holy-Ghost by such Imposition of Hands, and speak the Naked-Truth now, and do not cog, lie and flatter yourself, nor dissemble: any of you that ever was B— Be-poped, or that any Pope would tell truly and not lie, Whether he felt (whilst he was at it with Imposition of Hands) that any virtue went out of him, as it did out of our Saviour, when he did the Woman good. Away, Away, with Folly and Pageantry at this time of day, God will not be mocked; And every Plant that my Heavenly Father hath not planted shall be rooted out, saith our Blessed Redeemer, and I believe him, let Hell and the Pope think themselves never so cocksure and culminant. 'Tis readily granted that if any man was a Heretic, they should avoid him; or reject him, and cast off his Company in ordinary Conversation; and if any Brother walked disorderly, they should not eat nor drink, nor dine nor sup with him, that he might be ashamed. But to think, that God or good Men, the Prophets, Christ or his Apostles, did ever in the Old or New Testament command any Men, Synod or Synagogue, Church or Court, that they should shut the Church Doors, and shut out the worst of Sinners from the Sacraments, or Communion, or hale them into Church (either) by the Head and Ears; or (which is the same) Excommunicate him, or put him out of Commons, (or the Communion) of the Church, the only Food and Cure of our Souls, and made on purpose for Sinners, is an opinion as senseless and groundless as it has been baneful and mischievous to all Societies, and the Peace of Christendom. I grant though, sacra sacris, and Holy things ought not to be cast to Dogs, therefore the Text says, Examine yourselves, and so eat of this bread and drink of this cup. Examine himself? It is not said examine him, Priest, and confess him, you Priest, and Catechise him, John Presbyter, nor you Lay-Elder. But let him examine himself, and so let him come— but sao piculo, at his own Peril. But the Church, nor the best of men, are not defiled with communicating with the vilest of sinners. Was there ever any better than our Blessed Saviour, or worse than Judas? yet Christ eat the Passeover with him, and probably, the Sacrament of the Lord's Supper; yet he then knew him, and had Published him a Traitor, whom (before) he called— Devil. I hate the Puritanical Pharisaical Hypocrisy of any Religion; they shall be defiled with communicating with Sinners, Drunkards! etc. And yet St. Paul and the Church of Corinth (as good as the best of them) are not commanded to forsake the Lords-Table, though we read that some came thither Drunk, and to fill their Bellies with the Bread and Wine, 1 Cor. 11.21. Alas! every man has enough to do (if he mind it well) to look after his own Preparation, but that any that had not the Gift of Discerning of Spirits (nor these neither) did Excommunicate, or forbidden the Communion to any, in the Old or New Testament, (I boldly say) 'tis false; Nor can they prove, but that he that was delivered to Satan, did also come (if he could for Diseases) to Sacraments, Prayers, and to Church, the ready road to have his Spirit saved in the day of the Lord Jesus. I wish they were cut off that trouble you, that is, I wish the Devil had them in his power to inflict Death or Diseases upon them; for it is impossible that the Apostles should be so uncharitable to their Spirits or Souls as to wish them cut off from the Church, Militant or Triumphant; except by some extraordinary and particular Revelation. For cutting off, and delivering to Satan, are the same thing; and it is clear the Apostles looked upon the Incestuous Person that was delivered over to Satan, as a dying or dead man, because he adds— That his spirit might be saved in the day of the Lord Jesus. And so both in the Old Testament (by the Septuagint) and in the New, the Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, taking out of the middle of you (cutting off) is never used (that I remember) but for the death of the Body or Soul: and therefore can never signify Excommunication: Besides, we never find in Holy Writ that Interdicting the Sacraments, or debarring from the Communion, was ever used for a Punishment. The Leper, or he that had touched a Dead Body, or a Menstruous Woman, etc. were Excommunicated properly, or put from Holy Communion; but these Impediments did as likely befall to the good as well as to the bad, and was not put for a Punishment. Oh! but this was a Type of Excommunication under the Cospel. That's good, and well said; a Type of that that never was, and never will be; first prove Excommunication a Gospel-Ordinance, and then 'tis time enough to show where it was Typified. And as if Real (and not only Typical) holiness were not as requisite under the Law as under the Gospel; it was a sin, then, (as well as now) to make many Prayers when the hands were full of Blood. And strange it is that the Apostle that warns Timothy, Titus, and the Presbyters (or Bishops, for the Presbyters, Verse 17. are called Bishops, Ver. 28. Acts 20.17, 28. ) of Ephesus to do their Duty, should not, besides feeding the Flock, charge them also to fleece the Flock, and starve the Flock, by depriving them of Communion, or Spiritual-food, upon occasion, if Excommunication be the Appurtenance of a Bishop or Presbyter. And that our Blessed Jesus, that took such care to mind Peter, if he loved him, to feed his Lambs and seed his Sheep; should not (if it be a sacred Ordinance) speak a word, to fleece them, and scourge them, and interdict them spiritual food, upon occasion, or, if they stray. No, no, if they stray, thou that art a good Shepherd, reduce them; thou art well kept and paid for the very nonce. Which brings to my mind this Parable or Story, I will not say 'tis true and real, more than the Parable of Dives and Lazarus: And it gins too just as that Parable gins. There was two certain rich men, which were Clothed in Purple and Fine-Linnen, and fared sumptuously every day, but all these good things were frankly bestowed on them at the mercy, and by the favour of the King, upon condition (though) that they would be Shepherds and feed his Sheep, and anoint them for the Scab, and underlook them, but not worry them, nor destroy them; nor Fleece them, nor Shear them to their own private use, nor plague them, nor vex them, though perhaps the Sheep might sometimes stray and straggle, and go a wrong Road, and tyre (perhaps) and fret the Shepherds with following and running after them; yet they were not to revenge themselves upon the stray Sheep, and set their Wit against theirs, but gently reduce them, and do nothing rashly, maliciously, revengefully or peevishly, except perhaps some of the Sheep should be incurably scabbed; and then the King promised he would give the Shepherds good Wages and Hire, and they should want for nothing. Who would have refused a Shepherd's office upon these easy terms? or who would desire better terms, than to do good, not to kill, not to do mischief, not to destroy? But so it happened, that the two Shepherds, though they had several Flocks, and several fat Pastures, yet the Sheep grazed all on one Common in distinct Flocks, whilst the Shepherds could meet together and view them, and oversee them, and yet enjoy one another, feast together, and laugh and talk together. And (as I said before) they wanted for nothing; but their Pouches was full of Money, their Bottles full of good Wine, and their Scrips full of good Victuals, and variety enough. Yet, so it was one morning, one of the Shepherds came to the other puffing and blowing, fretting and fuming, and so out of breath that he could scarce tell his Tale. At length, and after some pause, recovering himself, Brother Shepherd (quoth he) was ever man so plagued as I have been this morning with running after a stray Sheep, Wanton and Fat? I think he has led me a fair dance, I am so tired, I have scarce breath enough left to tell you, and to make this complaint. Indeed and indeed (quoth the other to his Brother) and is this true? yea, very true (replied he) see but how I fret and sweat: his Brother being tenderhearted, could not but pity and take compassion on his fellow Labourer, and so much the more, because for aught he knew his own Flock might take example thereat, and lead him a dance, he knew not how soon, and put him also in the same pickle, sweat and balnio. They parted (though) for that time to consider alone, and afterwards join Heads together and study how to be revenged of the said wanton fat Wether, if it were but for example-sake to all the other fat Sheep in the Flock; (for the lean Hags (poor Souls) were tame enough, they had more mind to graze and eat than to be gamesome! and they kept them to sharper Commons, on purpose to make them be gentle and easy to be guided.) Well, something must be done, that was resolved; but what, or how to proceed, they could not well tell. Let's eat him, says one; Ay, quoth the other, that would not be amiss, but the craft's in the catching him; you saw I sweat with but running after him, and could scarce give him a turn: Besides, we have Victuals enough of our own, and need it not; and also the King has commanded, Feed my Sheep, but Fleece them not, much more do not kill, Do not steal, let them live and amend: they would have turned him out of the Flock too, but they had no Commission for that. At length, one of them found out a Quirk, an Evasion, an Exception in their Commission, viz. Except perhaps some of the Sheep should be incurably scabbed; and, I say, He is a scabbed Sheep: How shall we prove that, quoth the other? for I understand by you that he is so wanton he would never suffer you to come so near him as to feel him and handle him; and for my own part, quoth he, I did never so much as see him in my life, nor do I desire it, except we could get him fast into some Pen or Pound: And then— Wherefore it was resolved to catch him; and to that purpose, they set their Shepherd's Dogs upon him, but what the Issue was, I cannot tell. For here's enough (for Diversion) of a Sheepish harmless Parable, at which no man can be offended that is either innocent or wise; for none but a fool will challenge it for his own, for his own Character. And if any man think that this is too Jocular a way of writing upon a serious Argument, I have the great examples of the most Learned Erasmus and Sir Thomas Moor for my Precedent. And a Warrant in my Pocket beyond all exceptions (I mean) my Bible's in my Pocket, where not only the Prophets, but our Blessed Saviour gives countenance, as well as Authority for Parables. What got Joseph's Brethren by hating him yet the more for his Dreams and for his Words? Gen. 37.8. And what got the Chief-Priests and the Scribes by seeking to lay hands on our Saviour (and had done it then but that they feared the People) when they perceived that he had spoken the Parable against them? Luk. 20.19. Come, come, it is much more pleasing to God and good men to repent and amend our sins, than show our teeth, or by't such as tell us of them. Nathan told the King his (own but modestly by way of Parable at first, yet afterwards) plainly told him to his head— Thou art the man. If some men I know had had David's Power (that want the grace that David had) they would have put Nathan in Limbo for it, or have been revenged on him one way or other. But Holy David loved him the better for it all the days of his life, and kept him his chiefest favourite to his dying day. But Holy David was a man after God's own heart; the evil Spirit is too great in some men's hearts, the evil Spirit of malice and revenge possesses them too much to be good at any thing so readily, as mischief, mischief; to their power, I mean, to their utmost: It is a sin to bid such— God speed. I never read of a Persecutor (though never so great) but came to an ill end. What should I tell of the first Persecuting Emperor, Nero, that stabbed himself to halves, and not being able to dispatch himself out of his pains, nor any body so kind to do his business for him, roared out, Nec amicum habeo nic inimicum: And after him Dioclesan, when he was glutted with Christian-blood, fled from his Imperial Crown, and hid his hated head in a Garden. 'Tis endless to tell Stories of this nature; to come nearer home to Cardinal Pool, and Queen Mary's days, that after a short and Bloody Reign died both in a day, whilst the bloody Bishops of London and Winchester, Bonner and Gardiner, (a precious couple of Shepherds, it's pity they should be parted) died soon after miserably. Let them go, some men will never take warning till the Devil fetch them. Oh! how that bloody couple did lay about them, and pay poor creatures off, Body and Soul, the Body delivered to the Flames, and first their Souls to Satan by Excommunication; a wonderful good employment, (some think) I will not say— Much good do them. Some cannot believe that any Man should so be divested of Humanity, or humane King (how forlornly wicked soever) as to (do what is storied of one) persuade a Man (when he had his Sword at his Breast) to renounce his Christendom and Jesus Christ, and then he would spare his Life: Which the poor Creature did, in hopes of a Reprieve, and time to repent it in; and then immediately he run him to the heart, that he might kill Soul and Body at one fatal stab. But sure I am, 'tis true of these Bloody Couple of Bishop's ; for they never delivered any Man's Body to the flames, but first they Excommunicated him, and delivered him to Satan; in Faith and Hope, that they had at once murdered Body and Soul together. These are worse than Scribes and Pharisees; for though they looked upon our blessed Jesus as a Friend of Publicans and Sinners, nay, as a Conjurer, and one that had Confederacy with Beelzebub; nay (as a Samaritan, and) as one that had a Devil; yet they never Excommunicated him, nor the Apostles, nor interdicted them the Divine Service, Synagogues, Temple, Sacrifices, or Sacraments. No, no, this debarring and depriving Men of the Sacrament, was brought in by Priestly Lordliness, and Prelatical Covetousness; for if they can once persuade silly Bigots that they are Apostolical men, and can bind and lose, and have got the Keys of Heaven gates, and can open and let in, and absolve; and again, upon displeasure, can shut out, and Excommunicate; undoubtedly, they may take the wall of all Mankind, at least, of all Christendom. But alas! alas! They have got the wrong Key, I'll prove it to them before I have done with them; our blessed Saviour's Keys that he left behind him to Peter, were spiritual Keys; and his Kingdom was not of this world; nor the Men (he left the Keys to) worldly-minded Men; and therefore he left not those Keys of binding and losing, on Earth, in Heaven, no, not to his own Apostles, until first he had enabled them to use them infallibly; and therefore (mind the Text) before he would tell them, Whosoever Sins ye Remit, they are Remitted; and whosoever Sins ye Retain, they are Retained— He first breathed on them, and saith unto them, Receive ye the Holy Ghost. But if Men will turn Doctors and Preachers, and Interpreters of Scripture, and never mind the Context; and out of a foolish Ambition, ascribe all that Christ said to his Disciples, as if spoken to their own silly sinful selves, no wonder that they err, not knowing the Scriptures, nor the power of God. The Gift of the Holy Ghost, always infallible, never Clavis errans; never turning the Key the wrong way, by hands awry, crooked, and warping, as Interest and Revenge, Pride and Covetousness, Tyranny and Cruelty, Malice and Wickedness does annuate and guide. I hate and abominate this Apish Mimickry and Imitation. Did the Apostles, by laying on of Hands, give the Holy Ghost? The Pope would seem to be Somebody too, he would lay on Hands too, but Cui Bono? who, but a Bigoted Coxcomb, found any good it did him? Did the Apostles heal the Sick, anointing with Oil in the Name of the Lord? The Pope would Ape it too a little, the clean contrary way, and he and his little Priests will 'noint too, not for Health and Life, and to recover; but for Death. Did the Apostles cast out Devils? The Pope would be a Devil-driver too, and his little Exorcists (though I never met with many of them that were) Conjurers. Did the Apostles speak with new Tongues? Why the Pope then too makes it a necessary qualification of a Priest to be a Linguist; and yet, to my knowledge, not a Friar in forty can speak true Latin. Did the Apostle deliver the Incestuous Person (by his spirit) to Satan, and also the Blasphemers? Why, the Pope would be at it too, though he cannot Kill whom he Excommunicates for Heretics, till he makes the silly Magistrate, Gregory it for him: And so, also most of the Popish Prelatical-tricks are mere Mimickry and Idle, as well as Apish Imitation of the Apostles. And he is forced to pretend to this Juggle and Cheat, because his Ambition has Entitled him, Peter's Successor, and his pretty Cardinals and Bishops, Apostolical men; give the Word backward, for these— Apostolical men; Apostolical men. Thus the Gypsies imitated Moses and Aaron with their Enchantments, Exod. 7. till Aaron's Rod swallowed up their Rods; yet Pharaoh's heart was hardened; and he and all his Conjurers looked upon all Religion as a humane Invention, till, by being abominably Lousy, and (like Atheistical Herod) eaten up with Lice, they confessed, Digitum Dei, the Finger of God. Nor do I think the Popish Conjurers will ever part with their dear, dear, precious, gainful; Money-Trade of the Keys, till some remarkable Judgement fall upon them for the Abominable and Atheistical abuse. Alas! the Keys ('tis plain) were no silver Keys, nor earthly, worldly men's Keys, and therefore when Christ gave them to Peter, he calls them, Matt. 16.19. The Keys of the kingdom of Heaven. So that an Excommunicate Person (clavae non errand) if justly and duly Excommunicated (by Persons qualified, as the Apostles were, with the Gift of the Holy-Ghost, called the Gift of Discerning of Spirits, without which we never read in Holy Scripture that any Man or Church took upon him or them to Excommunicate any body) (I say) such an Excommunicate Person is by the Evangelical Precept to be as much shut out of Church, as if he had never entered in; or as much as (and no more than) a Heathen-man or a Publican. But, that ever Christ or his Apostles, or the Primitive-Church, did ever intent by Excommunication to lay claim to his Purse, or deprive him of his Freedom, Liberty or Property, Moneys or Lands (as the Jesuits held, by asserting that, Dominion is founded in Grace, and is the groundwork of the Pope's Tyranny and Usurpation over Princes and their Subjects) is not where found in Holy Writ, nor any such Appendix, Writ or Label hanging at any Excommunication, that ever I heard of in the Gospel, or Primitive Church. Nor the least hint in the Gospel, that our blessed Saviour (who would not suffer a Prelate (no not St. Peter) amongst his Disciples) should (under colour, and by virtue of Excommunication) grant them a Licence to rend and tear, rant and domineer, (as, nay more than the Princes of the Gentiles) over one another; much less by such a stratagem to deprive Nonconformists (Atheists, or Libertines) of their Lands or Goods, Freedom or ; nor ever attempted any such Invasion of the Heathen Emperor's Dominions, but quite contrary, paid them Tribute, taught subjection to them by virtue of Religion, not usurpation upon their civil Rights under colour of Religion; and this no Man can deny, who does believe our Saviour when he said— My Kingdom is not of this world. And therefore he never meant, (when he parted with these Keys of the Kingdom of Heaven to his Church and Servants) that they should flourish them, huff and vapour with them, fight and quarrel, threaten and revenge, or vend their malice with them, or (much less) knock men's brains out with these Keys, or by the help of these Keys, by more nimble conveyance, get into their Purses, or pick their Pockets; or, (which is worse) lock them up in a Jail by virtue of these Keys, and deprive them of their Lands and Live, Liberties and Properties: No, no; it was the Pope, the Pope and his Offspring that first turned these Keys the wrong way, (as I have said) and contrary to the way of Christ; for which he (and all such as he) meritoriously deserves the name of Antichrist, or contrary to Christ. 'Tis Pride, devilish Pride (call't what you will) that makes men Lord it over God's Heritage, and enslave their Bodies and Souls too, together with insatiable Avarice, in greedy Dogs that can never have enough, till they get the Devil and all. This makes the Popes (both the greater and the lesser) by the abuse of Excommunication, or the power of the Keys, to cram their Coffers, to enrich their Nephews, and satisfy their Whores, when decrepit old Age cannot sarrogate to their Lust; and therefore my Litany is, From the Popes (both the greater and the lesser) From Le Cheese the French Confessor, And from his Popish Successor, Libera, Libera. CHAP. IU. ANd I'll justify it, it is but a Branch of Popery in any sort of people (that decry the Pope and all his Works) if they do the very same things: whilst poor men change their Lords (indeed) but not the Lordliness and Usurpation. And that Incestuous Person that was Excommunicated and Delivered to Satan, I Cor. 5.4. Wherefore was it? To what end and purpose? The same Text tells us— for the destruction of the flesh (his lustful Flesh, or fleshly Lusts) not for the destruction of his Estate, Freedom or earthly Privileges, but that his spirit might be saved: All the design, and all the management, and all the consequences were spiritual, purely spiritual. Our Blessed Saviour (though it was proffered him, and some would never have refused the Prefirment, that have not the mind of Christ) would not be a Judge in Civil matters, Counsellor nor Privy-Counsellor. For his Kingdom was a spiritual Kingdom, his Rule a spiritual Rule in men's Hearts and Spirits, by his Word and Spirit; his Weapons were not Carnal but Spiritual, for the bringing down of strong Holds; not Castles and Manors: No, no, the Devil and the Pope, and such as follow the steps of Antichrist, set up and maintain, and uphold this Anti-Kingdom in opposition to the Kingdom of Christ; but the Pope was glad to uphold his tottering Kingdom with the Inquisition, High-Commission, Racks and Gibbets, Fire and Faggot, Fines and Imprisonments; or (which is all one) deliver them over to the Magistrate to be Excontioners for him. We thought it a fair deliverance from this Popish thraldom, when we were delivered from the Inquisition, High-Commission, Racks and Gibbets, Fire and Faggot too (of late) by condemning the Writ de Heretico Comburendo. I do not deny though but that the two last, Fines, (that is) unjust Fees and Imprisonments, are to this day, in England, the Consequences of Excommunication. But they are mistaken that think these Consequences are held forth to us in the Gospel of Christ, or the practice of the Apostles or Primitive Church: No, no, Fines and Imprisonments attend Excommunication upon another score; namely, the Law of the Land, and therefore you hear me say nothing against it. I know what I could say, if I were in place where (I might properly discuss the point) but I have learned to obey, and to mind only mine own business. CHAP. V. I Have heard some Lawyers say, that all Laws of man, which are contrary to God's Laws, are void, ipso facto; as soon as made; But what's that to this affair? But there are worse consequences of an Excommunication amongst us, than Imprisonment, or the Fees, or rather Fines, severer consequences than what attends the Writ de Excommunicato capiendo; for (if I mistake not) an Excommunicate Person (and signified under the Bishop's Seal to be such) shall not sue at Law for his Debts, Lands, nor Estate; nor make a Will to dispose of the same; or if he do, the Spiritual-Courts will not prove it; nay, some would have it, that they shall not give their Suffrages and Votes in the choice of Parliament-men: nor be suffered to Trade, nor to Buy or Sell; nay, in Popish Times and Countries none may buy any thing of any Excommunicate person, Rev. 13.16, 17. in pain of being also Excommunicate, neither give nor sell them meat nor drink: For which cause it was, that Jane Shore was starved, and died in Shoreditch, no body durst relieve her, because she was Excommunicated: And most of the Rebellions in the Reign of Henry VIII. was, because the Pope by his Bull of Excommunication, dated Decemb. 7. Anno Domini 1538. had deprived the King of his Kingdom, and had absolved his Subjects from their Obedience: Hard is the case (both of Kings and People,) when they lie at the mercy of the Clergy, except they will be content to be Gospel-Ministers and Servants of Christ and his People, 1 Pet. 5.3. and not Lords, to tyrannize and domineer over God's Heritage; such Pride, so contrary to the Gospel, will have a Fall, nay, it has had a Fall, yet some Men will never take warning, nor believe in God, Isa. 26.11. but trust to broken Cisterns, and their own Subtleties, which are Foolishness with God. I think, every Man that has Liberties or Properties to lose, (and the poorest Man in England has Liberty to lose, though he have no Freehold) I say, it is of Concernment to all Men to look about them, and have a care; God knows, whose turn it may be next: For my part, I had rather anger the Great Turk, than a peevish proud Surrogate, Register or Summer. And indeed my private Concerns was the first occasion (to tell you true) of making me look and pry into their nasty privy ways, Extortions, Oppressions, under which His Majesty's Subjects, poor Widows and Orphans, groan remediless to this day, notwithstanding so many Acts of Parliament for their Relief. Does not the Statute of 31 Edu. 3, 4. tell us, That the Ministers of Bishops, and other Ordinaries of Holy-Church, take of the People grievous and outrageous Fines (where note by the way, that by outrageous Fines, is meant (by the Statute) unjust Fees) for the Probate of Testaments? etc. And the Statute of 3 Hen. 5, 8. gins thus— Whereas the Commons of the Realm have oftentimes (mark that) in divers Parliaments (mark that) complained of that, that divers Ordinaries do take for the Probate of a Testament, etc. against Right and Law; etc. therefore, that Statute reduced them to Two shillings , or Five shillings at the most. A likely matter, that Spiritual Men can be held bound by a Statute, that could bind and lose all the Commons and Nobles too at their pleasure. A Statute Law bind them? No, no; no more than Samson's Withs, or New Cords could hand-cuff the Giant; (that is) so long as (and no longer than) he list. Therefore the Statute of 21 Hen. 8, 5. complains and complains, and tells how often these Ecclesiastical Men had baffled the Statute, enumerating, and particularly naming the two former Statutes here now recited, and reduces then for the Probate and Inventory, Sometimes to 6 d. sometimes to 2 s. 6 d. at most but 5 s. as I have more particularly given you a Table of Fees, in my Vindication of the Naked Truth— The Second Part: And all this, in pain of 10 l. one Moiety to the King, and the other to the Party grieved, together, etc. Then you'll say, Why do they still take 20 s. 30 s. 40 s. and sometimes 50 s. for a Probate? sometimes much more: I answer, Because they are Impudent, as their Predecessors are complained of, Statute after Statute, Parliament after Parliament, and to little purpose. — Go bind Samson; but you had best have a care you come not within his Clutches: Go, and complain against them; To whom? you'll say, perhaps, writ Naked Truths against them, that at length our Superiors may hear the Complaints of the Widow and the Orphans oppressed grievously by their Extortions in Probates, etc. Does not God Almighty say, concerning the crying Sins of Sodom and Gomorrah, Gen. 18.20, 21. Because the cry of Sodom and Gomorrah is great, and because cause their sin is very grievous; I will go down now, and see whether they have done altogether according to the cry of it, which is come unto me: and if not, I will hear. Well then, publish their known Extortions, (as the said Statutes already mentioned confesses) that the Commons did grievously complain of the Extortions and Oppressions of the Spiritual Court: And will not this way do? Writ against them, and Print against their impudent sinning in deflance of the Statutes, the Laws and Justice of the Realm; And what then? Will that do? Yes, that will do one thing, namely, undo the Author; I'll assure you (experto crede Roberto) I am in a fair way to it; if Actions brought by my great Bishop in Common-Law Courts, and in Ecclesiastical Courts, and Citation upon Citation, in Arches, in Delegates; if all these, and Power into the bargain, will not sink one Poor Man, sure then there's more than humane help, and more than a humane hand in it. But you may well say, Godly Bishops should not be angry and touchy, nor enraged at, nor become an Enemy, an open Enemy against any Man, for telling the Naked Truth, of the Vileness and Extortions of their Ministers and Under-officers, against the known Laws of the Land, but love and cherish such; and if they will be angry, they should vend their spleen against the said wickednesses of their Under-officers; and correct and amend, and take shame to themselves, and show signs of Repentance. But I am not bound to answer this Objection; only it brings to my mind, the temper and opinion the King and Parliament were of concerning the Bishops, and their Visitations, (some years after the Pope's Supremacy and Prelacy was cut down, in the beginning of the Reformation) in H. viii time, expressed by the coupling together of two words in 35 H. 8.21. namely, Visit or Vex; as if they were Synonyma's, or the one explanatory of the other; Visit or Vex? good; The King and Parliament had a good opinion of the Bishop's Visitations, in the interim, to count them vexatious, and to make provision for the King's Churches and Chapels to be freed and exempt from their Visitations; I shall never forget it— Visit or Vex; nay, I know it experimentally; a most admirable Couple, or Conjunctive Copulative— Visit or Vex; good, incomparable! well, since that wise King and Parliament put them together, let them go— Visit or Vex. Yet let no Man mistake me, as the Vulgar Translation does the Text in St. Luke's Gospel, reading— Evertit domum, instead of— Everrit domum: (that is) She overthrew the house, (instead of) She swept the house: No, no, I love a Bishopric too well, to wish its ruin; the worst I wish them, is to amend, not end them. Again, You may well say, That as Great as they are, they are not Too Great, Burly, and Overgrown for the Law, that has proved an Overmatch to the greatest Favourites and arbitrary Judges in England in all Ages, and has brought some of them to the Block. I doubt it not: why then you'll say, Indict them, and bring Informations in the Crown-Office against them: Indict them?— Sh— them. There are so many starting holes in the Statute, and they are Cunning, and Rich, and do you not know that Riches can make Friends? I thought you had known it: I have heard of some Highwaymen and Robbers in other Kingdoms, that when they Rob a Man of a 1000 l. they'll be content to be taken and tried for their Lives, if you give them but 600 l. more: why so? what will the money do them good, if they are hanged? true: But they know a way worth two on't; for, for 500 l. given to Madam— she can procure a Reprieve. — But you'll say, What's all this to the purpose? or to the Men of Doctor's Commons? or do you think you tell us News? or what's this to Excommunication, and the power of the Keys? I answer, with a late learned Author, Why may not a Man be suffered to talk Impertinently now and then? 'Tis the mode, the very Gazet-mode, and the fashion of every weekly Pamphlet. And yet (by your favour) though the Extortions and notorious Oppressions in the Probate of Wills, etc. be no news; since Edward iii Reign (a very, very old Disease, it's well if it be capable of Cure) yet treating here of the Power of the Keys and Excommunication, I cannot be Impertinent if I show you how Vice corrects Sin. And as my private concern (as I said before) occasioned my search into their Ways and Authority, so I doubt not but the Reader will be abundantly satisfied in reading the whole Libel and Articles against me, and my Answer; Proximus ardet— It may be your own case e'er long, or your friends; and, (if it be,) by my Answer you'll know the better how to handle them. For, for all my whining for the loss of my said Guiney, I assure you, I fear them not; (as I used to say) in my old Motto (like a Tortoise in his Shell) Vertute mea me Involvo; I am safe rolled up in mine own Innoconce, and in the Integrity (I bless Almighty God) of mine unblemished Life and Conversation; unblemished (I say, that would not say it, nor should not say it, but on this occasion in mine own just defence, I say again, unblemished) except by Lies, and Libels, and a pack of Hircling-villains, that, (for the sake of Money and a Fee,) be-slander me; but Nubecula est & evanescit; 'tis like a Vapour, or a morning Cloud, it vanishes, and must and shall; before I have done with them, they'll know me better. I wish I could impart my Fortitude (in suffering, I mean,) to all that are oppressed, they shall find I am Shot-free and Malice-proof; and for my Guiney aforesaid, let it go at present, I'll fetch some of it again, with a vengeance to them: and have Arrested, or ordered to be Arrested the said Vice-Register Nucourt for it already. I cannot endure to part with my Money, no, not upon the Road, but I must know why and wherefore; if they tell more a Lie, they must show me a reason for't before we part, if I be not Godfreydized, or Arnoldized: the World's wicked enough. But my Answer cannot be understood, except I give you first an account of the Libel exhibited against me in the Arches, Thomas Doughty Gent. the Promoter; but upon second thoughts it was deemed meet, to make Henry Bishop of London Promoter; but their Counsels being coufused, and the men Ruffled with my appearance in that Heathenish Language Greek, (which I spoke not in ostentation, but) because many of the Canons were made originally in Greek, and the Interpreters thereof, the Doctors of the Canon Law, had need blush as Red and Scarlet as their Gowns, of being ignorant of the Original they profess to interpret; besides, I did it to show how well their Caps became them, whilst I (forsooth) must stand bare before the Gallants; (a very comely sight, and a great deal of reason:) But so pudled they were some of them, that when I came first into Court, Thomas Doughty was the Informer and Promoter; but he not being thought big enough, or for what other reasons I cannot tell, (nor do I desire to be a privy Councillor amongst them) but Doughty was scored out by the Bishop of London's said Vice-Register, the said Nucourt, and in his place, by Interline, was inserted Henry Bishop of London for the Promoter; but that also was another blunder, for in the last Article Doughty gets the honour of the place again, and is made Promoter again against me, in this terrible Libel following, viz. CHAP. VI IN Dei Nomine Amen. Nos Robertus Wyseman Miles & Legum Doctorꝰ Almae Curiae Cantꝰ de Archubus Londonꝰ Officialis Principalis Legitime constitutus, tibi Edmundo Hickeringill, Clerico Rectori Rectoriae & Ecclesiae Parochialis omnium Sanctorum in villa Colcestriae Dioc. Londonꝰ Cantq Provincꝰ Articulos Capitula sive Interria meram animae tuae salutem, morumque & excessuum suorum reformationem & praesertim crimina & delicta tua infrascriptꝰ concernenꝰ ex Officio nostro ad promotionem Reverendi in Christo Patris & Domini, Domini Henrici Londonꝰ Episcopi objicimus & Articulamur prout sequitur, viz. 1. IMprimis, Objicimus & Articulamur, That in the Months of March, April, May, June, July, August, September, October, November, December, January, February and March, in the years of our Lord, 1674, 1675, 1676, 1677, 1678, 1679, 1680. and in the Months of March, April and May, 1681. You the said Edmund Hickeringill were, and still are, Rector of the Rectory and Parish-Church of All-Saints in Colchester aforesaid: And as and for the Rector of the said Rectory and Parish-Church aforesaid, you were during the time aforesaid, and still are, commonly accounted, reputed and taken, Et Objicimus & Articulamur conjunctim & divisim & de quolibet. 2. Item, We Article and Object, that you the said Edmund Hickeringill, to promote differences between Samuel Bridge Clerk, Rector of Wivenhoe in the County of Essex aforesaid, and his Parishioners, did, within the time aforesaid, endeavour to Animate and Incense the said Parishioners, or some of them, against their said Rector; and proffered, that if they would give or pay you twenty pounds, you would rout the said Mr Bridge from the said Living, or from amongst them, or to that effect. Pot. tamen de qualibet alia summa. 3. Item, We Article and Object, that you the said Edmund Hickeringill, do know, believe, or credibly have heard, that Samuel Harris Clerk, was, and is the lawful Vicar of the Vicaridg of Fingringhoe in the said County of Essex, and by virtue thereof, rightly instituted to the small Tithes belonging to the said Vicaridg; and that notwithstanding the Premises, you the said Edmund Hickeringill, have stirred up, and forewarned several of the Parishioners of the said Parish, not to pay their small Tithes to the said Vicar, on purpose to stir up contentious Suits between the said Vicar and the said Parishioners. And this was and is true, public and notorious, and so much you the said Edmund Hickeringill have confessed and acknowledged to be true. Et Objicimus & Articulamur ut supra. 4. Item, We Article and Object, that you the said Edmund Hickeringill, do know, believe, or have credibly heard, that within the time aforesaid, the Tithes, Profits and Emoluments of, and belonging to the Parish-Churches of St. botolph's and St. leonard's in Colchester, being both void of an Incumbent, are, by virtue of a Sequestration for each of the said Churches, rightly and duly committed and granted by the Right Reverend Father in God, Henry Lord Bishop of London, to the Custody of the said Samuel Harris Clerk, and that he is rightful and lawful Sequestrator of the same; and that by virtue of a Licence or Licences under the Seal of the said Bishop, the Cure of the Souls of the Parishioners and Inhabitants of the said respective Parishes, are rightly and duly committed and granted to the said Samnel Harris: And that notwithstanding the Premises, you the said Edmund Hickeringill, have forewarned several Parishioners of the said Parish, or one of them, not to pay any Tithes, Deuce, or Duties, to the said Mr. Harris: And more particularly, by a Note under your Hand, bearing Date the sixth of April, 1681. Directed to the Parishioners and Inhabitants of the said Parish of St. botolph's, have promised to save harmless and indemnify all the Parishioners and Inhabitants of the said Parish in the payment of their Tithes, Offerings, Obventions and Oblations unto you, against all men living; And likewise by another Note under your Hand, bearing Date the 16th day of March, 1680. have promised, and engaged unto one Robert Gihson of St. Lconards in Colchester aforesaid, Baker, to descend him and save him harmless in the Possession of the Parsonage-House of St. leonard's aforesaid, upon condition he pay unto you the Quarterly Rend of twelve shillings and six pence so long as he holds the same, notwithstanding the said House belongs to the said Mr. Harris, by virtue of the said Sequestration. And that if he be ejected or troubled by Suits at Law, you will bear the charges of the said Suit; and will also bear the charges of erecting an Oven there, if he be forced out of the Possession thereof by due Course of Law before Christmas next, after the Date of the said Note, he paying you fifty Shillings at Christmas next, if he be in the Possession of the same Parsonage-House, and do not relinquish the same, till forced thereunto by the Order of Law, or to that effect. Et Objicimus & Articulamur ut supra. 5. Item, Objicimus & Articulamur, that notwithstanding the said Mr. Harris is Licenced by the said Bishop to serve the said Cures of St. Botolph and St. leonard's aforesaid, yet you the said Edmund Hickeringill, in contempt of the Authority of the said Bishop your Ordinary, have threatened the Sextons of the said Parishes, or one of them, that you will ruin him or them, if he of they give notice to the said Mr. Harris of any business concerning the Ministerial Function to be done or performed, as Christening, Marrying, Burying, or the like, in the said Parishes, or either of them, and that you have several times, or at lest once, disturbed the said Mr. Harris in doing and performing his Ministerial Function, in the said Parishes, or one of them, in one or more of the Holy Offices aforesaid; to the great scandal of our Ministerial Function, and of all good people, in and about Colchester aforesaid: And this was and is true, public and notorious. Et Objicimus & Articulamur ut supra. Item, Objicimus & Articulamur, that you the said Edmund Hickeringill, do know, or have heard, that by the Canons and Constitutions of the Church of England, in that behalf Published and Established, no Minister upon pain of suspension, per triennium ipso facto, shall Celebrate Matrimony between any Persons without a Faculty or Licence first in that behalf lawfully obtained, except the Banes of Matrimony have been first Published three several Sundays or holidays in the time of Divine-Service, in the Parish Churches and Chapels where the said Parties dwelled, according to the Book of Common-Prayer: And that every Minister who shall hereafter Celebrate Marriage betwixt any Persons, contrary to the said Constitutions, or any one of them, under colour of any peculiar Liberty or Privilege claimed to appertain to certain Churches and Chapels, shall be suspended, per triennium, by the Ordinary of the Place where the offence shall be committed, as by the said Canons and Constitutions Ecclesiastical it doth more plainly appear. Et Objicimus & Articulamur ut supra. 7. Item, Objicimus & Articulamur, that notwithstanding the Premises, you the said Edmand Hickeringill, in contempt of the said Canons and Constitutions, did in the Months of March, April, May, June, July, August, September, October, November, December, January, February and March, in the Years of our Lord, 1678, 1679, 1680. And likewise in the Months of March, April and May, 1681. And in all some of one of the said Years and Months, without any Licence or Faculties in that behalf first obtained, or Banes Published and Denounced, as is enjoined by the said Canons and Constitutions, and by the Book of Common-Prayer, by Law established in the Church of England, Solemnize, or rather Profane several Marriages between several persons, and more especially between James Abel of the Parish of St. leonard's in Colchester aforesaid, and Anne Burnham of the same Parish: And also between John Shepherd of the Parish of St. leonard's aforesaid, and Damaris Gillings, of the same Parish. And also between Edward Hartley of the Parish of St. botolph's in Colchester, and Mary Groom of the Parish of St. leonard's aforesaid. And also between Daniel Steers of the Parish of St. Mary Magdalen in Colchester aforesaid, and Ann Bloome of the Parish of St. Leonard aforesaid. And also between Richard Potter of Aldham in the County of Essex, and Everert of the said Parish, Widow. Et Objicimus & Articulamur ut supra. 8. Item, Objicimus & Articulamur quod praemissa fuerunt & sunt vera publica & notoria manifesta pariter & famosa ac de & super eisdem laboravit & in Praesenti laborat publica vox & fama unde firma side de jure in hac parte requisita petit pars ista proponens jus & justitiam sibi fieri & Ministrari cum effectu, nec non prefatum Edmundum Hickeringall pro tanto suae temeritatis excessu in delictis & criminibus suis praedictis Canonice corrigi & puniri, & a dicta sua Rectoria omnium Sanctorum in Villa Colcestria praedicta per triennium juxta Canon's & Constitutionis praedictꝰ suspendi ac pro sic suspenso denunciari & declarari doctumque Edmundum Hickeringill in expensis Legitimis ex parte & per partem Thomae Doughty in hujnsmodi causa factꝰ & faciendum eidemque se ad omnia & singula promissa probanda sed quatenus probaverit & in premissis catenus obtineat in petitis officium Domini Judicantis humiliter implorando. To which Libel (at my second appearance before them) in Doctors-Commons (of which this is the News) November 12. 1681. I gave in, over and above the Protestations to be seen in my first Printed News from Doctors-Commons, This following Answer. CHAP. VII. ALLEGATIONS humbly propounded in the Court (vulgarly) called the Arches, held in Doctor's Commons, London, in further Protestation, Plea and Answer to certain 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 Exceptions already made by Protestation against the Proceed 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 Penalties at the Peril of the Transgressor's thereof) is now in force (as this Defendant is informed by his Council learned in the Law) notwithstanding some Opinion given to the contrary, during the Awe and Terror of the High-Commission-Court, now (blessed be God) abolished. Saving also the benefit of such other Statutes and Reasons by this Defendant formerly alleged in the said Protestation; All which being saved to this Defendant, he further Protesteth and saith, First, That under Favour of this Court, and with submission to better Judgements, 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, Commissary, Official, Statute print. etc. shall inflict any Pain, Penalty, etc. for any Misdemeanours, or Contempt, etc. 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 threatening 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 Punishment, 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 Churchmen, that never learned this of their Saviour. Nor, (as this Defendant is informed by his Council learned in the Law) is this Statute of 16 Car. 1.11. repealed; nor whether any reason it should be repealed, 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, Tithes and Profits, from the reach of this Spiritual Court. Besides, The said Article threatening 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 Ecclesiastical Court, but in the Courts of our Lord the King, as in the Statute of Provisors, 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 King's 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 Tithes pertaining to a Rectory, when it is deraigned, then shall the Plea pass in Court Christian, as far forth as (and no further at their peril then) it is deraigned in the King's 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 men's Freeholds; such are all Rectories and Vicaridges. Secondly, In the said Process or Citation, (the ground or leading Process to the after-proceeding against this Defendant in the said Court) the said Defendant is cited to answer certain Articles at the Promotion of Thomas Doughty Gent. But such Articles at the said Doughty's Promotion are not delivered 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 answerable to the Process charged upon this Defendant to this day; and therefore he ought, by the said Statute, to be dismissed with Costs. But instead thereof, another Libel was delivered 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 delivered) Thomas Doughty the aforesaid Promoter, and in his Room very saucily (and no doubt without the said Bishop's 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 urged 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 Diocese of London, where he Inhabits; to salve the business, it was thought fit rather to let Doughty's said Promotion fall (but then Costs should have been given this Defendant, but it was denied and refused against the Rules of their own Courts and Methods, (as if they had the Law in their own hands.) And to salve the Statute of 23 H. 8, 9 and the Penalties there, Henry Bishop of London was Inserted Promoter, though this Defendant was never Cited to answer his Suit and Promotion. Nay, it looks like a Wheedle, or a Trepan, to drill a Man into a Court by Process in a feigned Suit, and then clap an Action on his Back at another Man's Suit, and without his Privity too: but any methods to carry on the Cause, The Cause. Besides, according to the usual Methods of this Court, no Man is obliged to accept a Libel except the Promoter become bound in sufficient Penalty (not only with responsable and sufficient Sureties, but such as are capable of being Arrested) in case of Nonsuit (or failure of proof,) to pay to the Defendant his Costs and Damages. But no such thing is done for this Defendant (new Lords, new Laws.) This Defendant is like to thrive amongst you in the Interim. CHAP. VIII. NEvertheless this Defendant, to vindicate himself, and the integrity of his unblemished (he hopes he may say, without offence, in this his just and forced defence) Life and Conversation; and to manifest that the said Protestations; Answers and Pleas are not dilatory, and on purpose to decline a particular Answer, or evade the discussing of the merits of the Cause and Crimes alleged against him in the said Articles; he this Defendant (saving to himself the benefit of his former Allegations, Pleas and Protestations) further (Particularly) answereth and saith, 1. That the first Article in the said Libel (as being only in course) is true, and all the other false, further than is hereafter declared. 2. That the 2, 3, 4, and 5th Articles are Instances and Accusations against this Defendant as a common-mover, exciter and maintainer of Suits and Quarrels, which is Barratry, (an offence against the Statute Law and Common-Law of this Realm) and therefore ought not to be Tried in any Ecclesiastical-Court, as forbidden in the Statute of Provisors, 16 R. 2.5. In derogation of the Courts of our Lord the King (mark how the Spiritual-Courts and the Kings-Courts are opposed,) implying necessarily, that the King and Parliament did not then look upon the Spiritual Courts to be the King's Courts, but the High-Priests Courts; nor do they (to this day) hold them in the King's Name and Style, and all their Acts under His Seal; what Policy is it at this time of day to be Independents, (I mean) Nounsubstantives, and stand by ourselves? The said Statute too, 16 R. 2.5. is in pain of a Praemunire, and has a mighty setch and reach, (even over the water, as well as on this side) for the Statute says— The Court of Rome, or elsewhere. 3. The said Defendant, Mr. Hickeringill, had an Information brought against him for Barrety in the Crown-Office, and at a Trial at Chelmnesford Assizes, (March 3. 1680. for the County of Essex thereupon) amongst 24 Heads of the charge of Barratry exhibited against him (then and there) tried, the 23d Head was the substance of the said 2d, 3d, 4th and 5th Articles (in the Libel aforesaid mentioned) and this Defendant (though pleading his own Cause) was acquitted with honour of this malicious Charge, the Right Worshipful Knights and Gentlemen of that Special Jury not stirring from the Bar, nor the least proof of the Charge made out against him in any one Particular; nor any proof but of the Folly as well as Malice of the Informers, Conspirators, and Promoters then and there. And must he now again for the same matters be tried again by the Ecclesiastical Men, after acquittal in the Courts of our Lord the King, and by Prosecutors that were then Accessories (at least) to the said causeless and malicious Prosecution; and in defiance too of the said Statute of Provisors? CHAP. IX. 4. THE Title of not only a fourth part, (which is ground enough for a Prohibition) but all the small Tithes of St. Botolph's Parish (as in Article 4.) is in question and controversy. For the said Promoter, Henry Blshop of London, pretends Right to dispose of the said Tithes by Sequestration, nay, has disposed of the said Tithes, (but shall the Defendant suffer it) to one Harris, whereas the Defendant has enjoyed the Tithes 19 or 20 years, and yet enjoys them, (as Rector of the Rectory of All-Saints in Colchester in the said County of Essex, in Right of (and belonging to) his said Rectory, as his Predecessors, the Rectors of All-Saints aforesaid, have done quietly; and (till now) without disturbance, ever since the dissolution of Monasteries, and (amongst others) the Priory of St. Botolph's in Colchester aforesaid, granted, sold or given by King Henry VIII. to Thomas Lord Audley, than Lord Chancellor of England; and from him, and his Brother and Heir Thomas Audley Esq together with his Executors (joining together) granted unto Robert Plumton Clerk, Rector of the Rectory of All-Saints aforesaid, and to his Successors for ever (whose present lawful Successor (and for above 19 years has been and now) is this Defendant) by Deed, a true Copy whereof follows in these words, verbatim. TO all Christian People to whom this present Writing shall come, Edward North and Thomas Pope Knights, Edmund Martin Esq and Thomas Gimlet Gentleman, Executors of the Testament or last Will of Thomas Audley whilst he lived Knight of the Noble Order of the Garter, Lord Audley of Walding, and Lord Chancellor of England, and Thomas Audley Esq Brother to the said Lord Audley, do send Greeting. Whereas the said Lord Audley in his Life-time, for and in consideration of certain Covenants, Grants and Agreements made between him, and the Parishioners of the Parish-Church of All-Saints in the Town of Colchester in the County of Essex, did give, grant, bargain, sell and confirm unto the Rector of the said Purish-Church, and to his Successors for ever, All the Tithes as well of Hay, Wood, and Corn, as of any other kind or sort whatsoever to him belonging in the Town of Colchester aforesaid, by reason of the Dissolution or Resignation of his House or Priory of St. botolph's in the said Town of Colchester: Know ye therefore, That we the aforenamed Edward North, Thomas Pope, Edmund Martin, Thomas Gimlet, and Thomas Audley Esq for the more sure and perfect accomplishment, performance and execution of the said Covenants, Grants, and Agreements, as also in Consideration and for the Sum of Forty Pounds of Storling money by Richard Aufeild and William Hutton now Churchwardens of the aforesaid Church of All-Saints, to the aforenamed Lord Thomas Audley in his Life time, paid in full Purchase and Bargain of the aforesaid Tithes to him the aforenamed Rector, and to his Successors for ever; Have given, granted, sold and by this present Writing confirmed unto Robert Plumton Clerk, Rector of the Parish Church of All-Saints in, the Town of Colchester aforesaid, and unto his Successors for ever, all the aforesaid Tithes in the Town of Colchester, or elsewhere: To have enjoy, hold, and take all and singular the aforesaid Tithes to the said Robert Plumton, and to his Successors, Rectors of the Parish-Church of All-Saints in Colchester aforesaid, for the time being, for ever. And I the said Thomas Audley Esq and my Heirs, All and singular the Premises above specified, against me the said Thomas Audley Esq and my Heirs, to the said Robert Plumton, and his Successors aforesaid, shall and will warrant, and for ever defend by these Presents. In witness whereof, we the said Edward North, Thomas Pope, Edmund Martin, and Thomas Gimlet, and Thomas Audley Esq to this our present Writing have set our Seals: Dated May 14, in the 36 year of the Reign of the most excellent and invincible Prince, and our Lord, Hen. VIII. by the Grace of God King of England, France and Ireland, Defender of the Faith, and on Earth the Supreme Head of the Church of England, France and Ireland. EDWARD NORTH, THOMAS POPE, EDWARD MARTIN, THOMAS GIMLET, THOMAS AUDLEY. And is it not Great, first to invade a man's Rights and Freeholds, and then Article against him as a Barretor, for defending himself and them? Oh! most incomparable Subtlety and Policy! And if a Plenarty (for three years only) shall be an Estoppel to the King, (as in some Cases, 18 Edw. 3.5.) much more a Plenarty for 19 or 20 years, as in this Case; not to be stiffed nor tried, whether by Right obtained, or by Intrusion, (though this Defendant enjoys them by lawful Presentation from the King, and Institution and Induction thereon, but however) this Spiritual Court extravagantly inquires after it; the Titles of men's Freeholds and Rectories belonging only to the Courts of our Lord the King; and a Trial by Juries, as proved by the Statutes (before mentioned) beyond all contradiction; or fear of any thing but a Praentunire, for being Busybodies, that would hook in all things (by hook and by crook) into the Jurisdiction of their Courts, (as you know who does) in ordine ad spiritualist. Fifthly, As for the Rectory of St. leonard's in Colobester aforesaid, a poor business it is, (God knows) not is worth 7 l. per Annum, nor, that able to repair the Dilapidations of the Parsonage-house in ten years, nay, it had been demolished to the ground long ere this, but for care taken for the same by Robert Sewell Gent. who was, and still is Sequestrator of the Profits of the said Rectory, constituted and appointed under the Seal of the said Henry Bishop of London, bearing date April 17. 1676. and in the first year of his Translation, and confirmed by the said Bishop in all and every of his Visitations, and the Fees paid for the same, and the same still is in force, and unrevoked. Besides, though the Benefice of the said leonard's is so small, as aforesaid, yet the said Mr. Sewell provided to support the House, (which is large) and keep it up in tolerable Repair, and provided the learned and honest Gentleman Mr. Bridge of Alesford in Essex, to preach there once a month, and sometimes this Defendant, (though not above once in a year sometmes.) But the said Living being so poor and scandalous, and the Parish so lamentably abounding with Poor, above any other Parish in Colchester, this Defendant constantly paid to the relief of the Poor 2 s. per mensem; and also at every Sermon that Mr. Bridge aforesaid, or this Defendant did preach there, this Defendant also caused to be distributed Four and twenty Penns-lodves amongst the poorest sort, but after, since the said Bishop has given the interruption, the Poor has had the less Food for their Souls, (for the Church-doors have long been shut against the said Mr. Bridge, and this Defendant, wonderful care of the Cure of Souls) whereby also the Poor has been deprived of relief for their Bodies also; That's all the good that is, or is ever likely to be, by this peevish stop: l. s. d. per Annum. The Profits of the Rectory 07 00 00 per Annum. Out of which, per Annum. The King's Tenths, Pension, Bishop's Visitation, Synodals and Procurations, about 02 00 00 per Annum. To the Poor, assessed, and freely given 02 10 00 per Annum. For preaching 13 Sermons, to Mr. Bridge per Annum, at 5 s. per Serm. 03 05 00 per Annum. But the Profits, the said Mr. Sewell does yet receive, as he hopes he lawfully may be the Authority of the said Bishop unrevoked to this day, and not worth the contending for: For no man can get a Penny by it, and seldom comes a better; but (no matter how soon) the same is revoked, that the great advantage the poor People gets by this bustle and change may be seen: For it is a shame that the Bishop should provide worse for them, and make a bustle, only to do harm; and if he do provide better, than the said Promoter and Bishop must part with money (probably) out of his own Pocket thereunto, which this Defendant fears will not be done. Sixthly, The Vicarage of Fingringhoe is void by the Statute, 26 H. 8.3. by reason the said Samuel Harris Clerk (in the third Article mentioned) (being Instituted and Inducted in or about the month of December last passed, yet) has not paid the King's Tenths to the value (with Charges thereupon in the Exchequer) of 30 or 40 l. now due, and refused to be paid, (or neglected by the said Bishop to be demanded of him personally) or if demanded lawfully, than the said Vicarage is void, and aught to be so declared, and the Right of Patronage or Advowson being in this Desendant, together with the great Tithes and Impropriation of Fingringhoe aforesaid, the Custody of the Profits of the said Vicarage does belong (during the Vacancy) to this Defendant the Patron, (as this Defendant humbly conceives by force of the Statutes 25 Edw. 3. and 35 Edw. 1.1.) But if disputable be this Defendants Title to the same, yet neither this Court, nor any Ecclesiastical Court can hold Plea thereof nor of any matter whereof the King's Courts have Right of Jurisdiction, 2 Edw. 6.13. nor can determine the Titles and Rights of Freehold (as 25 Edw. 3.4. 28 Edw. 3.3. 17 (alias) 16 Car. 1.11.) aforesaid. Besides, the said Harris never was Resident so much as one night in the said Parish of Fingringhoe, since his first Induction to the said Vicarage thereof, but preached three or four times to the Parishioners, got half a years' Tithes, and never came in the said Parish (not once) since June last, but hired out himself (a Curate in London) under Dr. Grove to this day; so that the Defendants said Parish (of which he is Patron) is miserably abused, the Cure deserted, the Flock neglected, the Fleece only expected, and neither His Majesty's Tenths paid, nor the Vicarage disburdened thereof; for the payment of which Tenths to His Majesty, this Defendant desires this Court, to sequester the Profits, and better provide for the Cure, both which the Bishop of London, the said Promoter, neglects to do; so that great harm, but no good, is done by this Interruption, and Fingringhoe has also cause to say, Seldom comes a better. Nor is it any great additional Honour to the Pastoral Staff, (that pretends a whole Diocese to be its Flock, Cure and Charge, even of All the Souls therein, (a pretty great burden and weight for a single shoulder) that not satisfied to be well paid for sitting still, must be doing and meddling, though it had much better do nothing, than do mischief and harm. 'Tis well the Archbishop is the Bishop of Bishops; and as much superior and elevated above the common or ordinary Bishop, as a Bishop above the little Presbyters. And 'tis proper, in this Case, to let the Archbishop know (that he may take notice and correct) the neglect of the said Promoter, the said Bishop of London, in neglecting to collect His Majesty's Arrearages of the Tenths (aforesaid) due from the said Harris, the said little Vicar of Fingringhoe; and his sin of omission, in neglecting personally to demand the said great Arrearages (of Tenths) of the said Harris, when he has (as he has frequently) met with him; or, upon refusal, and nonpayment, to have declared the said Vicarage, ipso facto, void of the said Incumbent, as if he was dead, as is enjoined by and in the said Statute 23 H. 8. That so the Patron might present a better man, and the neglect of His Majesties said Revenue be no longer connived and winked at: nor the Cure of Souls in Fingringhoe aforesaid be so neglected and abandoned, and much worse provided for by the said Bishop the Promoter, in this Case, than ever. Whilst there is none to Administer the Holy Sacraments there, nor to Baptise or Catechise their Children, Bury the Dead, Read Divine Service, nay, nor so much as a Sermon read by the said Curate Harris, or rather Reader, (for he can do nothing else but read) whilst the honest Parishioners have cause to bewail these Contrivances, and bemoan the fruits of (this) Discord, that whilst the said Promoter intended to strike this Defendant, he missed his blow, and hit none but the harmless Parishioners, who (good men) pay for all, and All for nothing. For though the said Harris has let out himself to work (a kind of Journeywork) under the said Dr. Grove, yet he has not quite so forgot his Parishioners, but that he has most magisterially commanded them to send him money for half a years' Tithes, or else he has threatened them that he will— Ay, that he will— 'Tis meet, that this Court of Arches, or Archbishop, (if it can do any thing) that it should correct the faults of Bishops: We must even turn the Tables— Nor will any Body pity those busy Meddlers and Master-workmen, that cannot be content to oversee the Labourers hard at work, and well wrought and employed, but they must be placing and displacing stones in the Building, and set them a tumbling and rolling, till they fall upon their own Pates— Nay,— no matter; Harm watch, Harm catch. So that the 2, 3, 4 and 5th Articles are already answered by Statute Law, and so shall all the rest, besides what has been already pleaded and professed, together with another Law, (that has no Law) Necessity: Therefore CHAP. X. 7thly, AS to the 6, 7, and 8 Articles, or last Articles, they urge a Transgression, (in solemnising, or rather profaning Matrimony) (well-worded, and cunningly) but if the Register and Sir Thomas Exton had had eight shillings for every Marriage, as they have had for many years together above 40 l. of this Defendant upon that Score, and at that Rate; than bonas noches, and not a word of (profaning) Matrimony without Banes or Licence, contrary to the Canons and Constitutions of the Church of England. Alas! Poor Church of England! Thou must be made a Screen, a Pretence, and a Colour for men's Avarice: Oh Hypocrisy! To which this Defendant answereth particularly, and saith, First, That this Charge against him is in its self null and void in Law, Reason, Equity and Conscience, for the uncertainty, in not naming what particular Canons and Constitutions of the Church of England are thereby transgressed, since the Canons and Constitutions of the Church of England (that go under that Name, Colour and Title) are contrary to one another in many Particulars, too long here to recite. But in this particular Case of solemnising Matrimony without Banes or Licence, the Canons or Constitutions that go under the name of Queen Elizabeth, and King James, in Print, are vastly different one from the other; Queen Elizabeth's Canons and Injunctions ordaining for such Offence a Suspension (ab officio only, and so particularly expressed) only for the space of six months. But those under the names of King James, ordain for the like Offence a Suspension for three (long) years; a long time for a painful and laborious Minister to live with his mouth stopped, and upon such an occasion too, that not one word is said to it, nor any body aggrieved, if the said Registers and Commissaries go but swips in the (pretended) Licence, and have a feeling in the hand. Which makes it more than probable, that those said Canons and Constitutions of the Church of England are not truly Printed; nor is any man bound to take notice of them, except they be Recorded in a Court of Record, and a true Copy be produced in such Court, (and particularly in this Court upon this Suit, and this occasion) and the Truth thereof sworn upon Oath of good and credible Witnesses, which this Defendant does hereby require in this Case and Suit, according to the Rules and Methods of Law and Justice, Reason and Equity. Besides, the said (pretended) Canon of King James, ordaining Suspension in general, aught by the Rules of the Civil Law, Reason and Common Law, be taken in the mildest sense: For there being two kind of Suspensions, namely, 1. Ab Officio. 2. A Beneficio. The first only damages the Flock and Parish. The second also starves the poor Priest and all his Family; oh Cruelty! for a Peccadillo, when no man is damnified thereby, but a greedy Register and Commissary, (they that buy must sell) and if their mouths be but stopped with guineas, the Minister's shall never be stopped; the Fault's alleged against this Defendant for solemnising, or rather profaning Matrimony without Banes— being only in the years 1680 and 1681. when he took but about 5 s. for the same, (the People being the gainers thereby;) but when this Defendant married ten times more in the years 1674, 1675, 1676, 1677, 1678, and 1679. and made the People pay for a pretended Licence and Marriage, about 12 s. or 13 s. of which, each the said Registers and Commissary had 8 s. apiece: Then, (oh no!) Then; not a word to be said, nor any Promoters heard of against him. But after the writing the Naked Truth, that tells them roundly of their crying Extortions and Oppressions of the King's Subjects, in illegal (Fees, or rather) Exactions, in Probates, of Wills, Letters of Administrations, Ordinations, Institutions, Inductions, Visitations, Synodals, Procurations, Excommunications, and Absolutions: (in answer whereof neither they, nor one Fullwood their Doughty-Champion, has so much as one word to say in their Defence) Than nothing will serve but Ruin and Desolation, in Plots and Contrivances against the Author for Barratry, and No body knows what. And now too, have at his Rectory, and the Prosits thereof, (which he holds by the Law of the Land, and will hold, in spite of their teeth and malice.) For if such solemnising Matrimony were proved upon him in a lawful Court and Judicature, and against lawful Canons and Constitutions found upon Record, and in a Court of Record, (but this Court (if it be a Court) is no Court of Record) and a true Copy thereof here produced and testified: And also if it be proved that such Canons and Constitutions (so contrary to one another) are (or which of them are) now in force in these days, that the 1 Eliz. 1. (by which they had energy, life and power) is defeated; and also by the said 16 Car. 1.11. and 13 Car. 2.12. Yet, even than the malice of this Defendants Adversaries cannot reach his Rectory and the Profits thereof (as Thomas Doughty threatens in the eighth and last Article:) for, not only the Injunctions of Queen Elizabeth ordains Suspension (only) ab officio, but that Suspension (in general terms) in the pretended Canon of King James, aught to be construed (the same with that of Queen Elizabeth, namely) Suspension (only ab officio, or silencing, or stopping the mouth, a mighty Privilege:) not Suspension, a beneficio, because of the said Maxim of the Civil-Law, Common-Law, Mercy, Reason, Equity and Conscience— namely, Poenae (generaliter expressae) semper debent intelligi in mitiori sensu; punishments (only) in general terms expressed, ought always to be taken in the mildest sense. Oh! but the said Promoter Thomas Doughty in this last Article cannot afford so much clemency; (it is a pity therefore he should ever be called vestra clementia, or his Grace) mercy is (an Herb) rarely found in the Fields of an Informer or Promoter— Solomon tells us— The mercies of the wicked are cruelty. However, whatever may be proved against him in this mighty case, he doubts not but to keep his Free-holds, Lands and Tenements, both spiritual and temporal, which (blessed be God) are worth the gaping for; and let them gape, they may gape long enough before they stop their mouths with them; 'tis to be hoped, their mouths will be stopped with mould (first) in the grave, before they ruin a Man and his House; a Man and his Family; a Man and his dear Wife and seven lusty Children; (God bless them and keep them out of harms-way, secure under the Protection of the Law, against all Conspirators, against this Defendant, or them, and against all Man-Catchers, little and great: we live in jolly times, God keep us.) Which brings to mind, Nothing of this was put in the Defendants Answer, but is added the Nove. the Caveats entered by Sir Matthew Hale, (that incomparable Lord Chief-Justice) against and for himself, necessary to be continually had in remembrance, by all Judges Temporal and Spiritual, and proper enough it is here to Insert one half, or nine of them. 1. That I never engage myself in the beginning of any Cause, but reserve myself unprejudiced till the whole be heard. 2. That I be not too rigid in matters purely conscientious, where all the harm is diversity of Judgement. 3. That I be not biased with compassion to the Poor, or favour to the Rich, in point of Justice. 4. That Popular, or Court-Applause, or Distaste, have no Influence into any thing I do in point of distribution of Justice. 5. Not to be solicitous what men will say or think, so long as I keep myself exactly according to the Rules of Justice. 6. If in Criminals it be a measuring cast, (mark that) to incline to Mercy and Acquittal. 7. In Criminals that consist merely in words, when no more harm ensues, moderation is no Injustice. 8. To abhor all private solicitations, of what kind soever, and by whomsoever, in matters Depending. 9 To charge my Servants, 1. Not to Interpose in any business whatsoever. 2. Not to take more than their known Fees. 3. Not to give any undue Precedence to Causes. 4. Not to recommend Counsel.— Ay, Ay, here was (I had almost said) a None-such, seldom comes a better; nay, nay, seldom such another. Again, to our present matter in hand, and the Article aforesaid, of transgressing the Canons and Constitutions of the Church of England. The Article does not say what Canons, whether Canons made before the Reformation, or since; whether Canons made when the Pope was Head of the Church of England, or Canons made since the Kings of England were declared, by Acts of Parliament, the Heads, or Head of the Church of England. So that, this Defendant cannot possibly know how particularly to answer the same, or know whether to confess, traverse or deny; so that this Defendant therefore requires that it may be explained and particularised, by the Promoter, or Promoters, what Canons and Constitutions they mean or would be at, and where such Canons and Constitutions of the Church of England are to be found, and in what Court of Record, that this Defendant may give a more positive and particular Answer thereunto; for dolus later in universalibus. Secondly, Besides what is already said at large, as to the Uncertainty, (which is enough to quash the said Articles at least for the present, if it were needful.) This Defendant further answereth, and saith, That he humbly denies the force, strength and virtue of all Canons and Constitutions (vulgarly called) of the Church of England, that are not Confirmed by King and Parliament, the only Legislators and Lawmakers in this Realm of England: Which, if any deny to be true, 'tis like he may have an answer in Parliament, if thought fit. But if it be true, and that no Canons and Constitutions of the Church of England are allowed or confirmed to be obligatory Laws to an Englishman, as in 13 Car. 2.12. & 16 Car. 1.11. then there's an end of the Story, and this Traverse is further needless. But if this Court denies, That the King and Parliament are the only Legislators, than this Defendant desires they would so declare and express themselves; that so this Defendant, and all others, may know the limits of their obedience: For this Defendant hereby protests, That if he ever shall, or ever did transgress the known Laws of England, or the dark and disputable Laws of England, it was through error of his judgement, and not of his will; and therefore he desires this Court to inform and enlighten him, and set him to rights; if he err; or, if they can do it. For it is not safe to say of that Act of Parliament, 13 Car. 2.12. of not allowing or confirming the Canons of— 40, commonly called the Lambeth Canons, and all other Canons and Constitutions not confirmed by Act of Parliament, etc. that they signify nothing, and are inserted idly, and for no end and purpose; Which those seem to assert and imply, that say, those words of not confirming the Canons, or not allowing are not disallowing, nor any remark or neglecting Character thereby set upon them, For the Canons had been left in statu quo prius, (as all other things were not mentioned in the said Act) although not one word concerning them had been therein mentioned. In all Grammatical Construction (then) the Not-confirming the Lambeth- Canons, or Canons of 40, etc. That Not-allowing, is a disallowing (as plain as the Times (perhaps) would then bear) And all those words in the said Act signify the distaste and neglect the King and Parliament had of all Canons not confirmed by Act of Parliament, and then all those words concerning the same signify something, and not, nothing. Especially, leaving things as they were in the year 1639. when the High-Commission Court was up; and 1 Eliz. 1. in force, which is absolutely repealed by the same Statute; And if any man thought that some had got (by that 13 Car. 2.12.) an Act for their Turn, as was endeavoured, they were vilely mistaken, or out-witted; at least, it was all that would (even then) be done for them; which latter is most probable, because of that fatal mistake in repealing 17 Car. 1. And there never was such an Act in the world, nor any made in that year, that this Defendant can find; so lasting were the deep and bloody Prints of the High Commission (even yet) in parliament-men's heads. And this, many took notice of long ago, if they had thought it meet and opportune to take notice of it; it might have been amended, and may yet by an Act of Parliament, otherwise, it is to be feared, that the mistake is fatal; And the 16 Car. 1.11. be in force, and not possible to be repealed by the repeal of the 17 Car. 1. Then good-night, Nicholas, and there's an end of the Story; and a Commissary, Official or Register's place, is not worth the buying; no, nor that, of a poor Proctor of this Court of Arches, which use to cost about 40 l. though the same man be a Proctor in any other Spiritual-Court; yet he cannot practise in this Court, without laying down the Cash, (I mean) down with their Dust, Gold Dust, or guineas, Money, more Money. Which (perhaps) is the reason, why the Proctors are suffered to take ten groats for a Fee, that used to be (by the style of this Court) but and proportinably, all other Fees abominably enhanced; wherever the fault lies, they that buy must fallen, or else, they have a bad bargain. The Fees of an Excommunication and Absolution used to be but but now they are (this Defendant knows, to his cost, and by woeful experience, a Guiney) but note by the way, This also is added, de novo. the said Bishop's Vice-Register, Nucourt, is Arrested in an Indebitatus-assumpsit, and will also have an Indictment, or Information, brought against him for the Extortion, at the Suit of this Defendant, who is vilely loath to be choosed of his Money, and by a pitiful Proctor and Vice-Register too. So that, by this time, this Defendant is come a great way towards the final Answer of these Articles (in this Spiritual-Court) if there were 1000 more of them: especially in a Court that will neither show, (nor pretend to sit by a) Commission from the King. In whom alone, is always inhaerent all Executive-power, both Ecclesiastical and Temporal. But our gracious Sovereign, (not only in his last Declaration, but always) has declared, That he will rule us according to His Oath and the Fundamental Laws, made by the only Legislative-power, the King and Parliament. And the Kings of England always have been of right, and always were (except during the Pope's Supremacy) equally Heads, or Head of the Church, as well as of the State; (if they be two things.) And has right to make Laws for the regulating the Church or State-Ecclesiastical, and as much as, for Regulating the State-Temporal. And far be it from the modesty of this Defendant to pry into the Covered Ark, and search into the Prerogative of His gracious Majesty, (the Kingdom's glory as well as support, both for his Mercy and Justice, our dear and dread Sovereign, and only Head of the Church and State) which Prerogative His Majesty, and his Father of blessed Memory, our late Martyred Sovereign, have explained to consist (not only well, but) best with their People's Liberties and Properties; making a sweet Harmony, and enriching both King and People; as Queen Elizabeth found, that never had an Exchequer sooner emptied than filled, though her Wars, and Enemies were Great and Powerful: She sometimes forgave and remitted what was given her by her Subjects in Parliament, but never made a Speech or Motion for Money, that proved successless. Of which, this Defendant had (not now and here) taken notice of, further than to show (in this his Defence) in reference to the Church, and the pretended Canons and Constitutions of the same, that the said Queen never made any Canons, (neither did King James make any Canons or Constitutions for the Church or its Regulation) until her Majesty, and consequently his Majesty King James had (by 1 Eliz. 1. and in that Statute) given unto her, and them, her Heirs and Successors, Power to Amend, Reform, etc. And, no more than needed at that time, when the Clergy in Convocation acknowledged (and surely they knew their own strength, as well and much better than any can do at this distance) and confessed in the Statute, 1 Mar. 2. that they had no Ecclesiastical Jurisdiction, and therefore not Queen Mary, but she in Parliament, by 1 Mar. 2. restored it; (namely the old Popish Ecclesiastical Jurisdiction) until 1 Eliz. 1. Repealed it, and in its room gave Power to the Queen to set up another; which, 16 Car. 1.11. and 13 Car. 2.12. pulled down and Repealed. Nay, 'tis evident in Cawdrey's-Case, (in Cook's Reports,) that the Jury were forced to find the said High-Commission specially (and so must other Juries do (as well) if ever the right of the Spiritual-Courts in Sequestrations, Suspensions, Deprivations, in meddling with men's Carnal Goods and Free-holds, comes to be tried in the King-Courts by a Jury (if they can at this time a day) find such a High-Commission, which will be a difficult thing to persuade a Jury unto,) except such Suspension, or Sequestration, or Deprivation be supported by that which can only support them, viz. a Statute. But they should not need to have found the said High-Commission specially, if Ecclesiastical-Courts than had (or consequently have) an ordinary Jurisdiction without special Commission from the King, only and equally the Head of the Church and State. But no Temporal-Courts (or Judges) do or dare Act implicitly, but by special Patents, (or Commissions under Seal: (for as for Hundred-Courts, they belong to Proprietors; but all derived originally by Patents from the Crown, as Sheriff-Courts and Corporation-Courts.) And besides, from these Inferior Courts, or Common-Law-Courts, as are the Handred-Courts; they sit in the Hundred by Prescription; where the Bishops also used to sit and keep their Courts together, and at the same time and place; which if they do not now so, they cannot plead to hold Courts by Prescription, except they (as does (to this day) the Hundred-Courts and County-Courts) keep up, and keep to their Prescriptions, as to place and time, Canons and Laws. Therefore away with all idle thoughts of making the Spiritual-Courts, Ordinary, or Comnion-Law-Courts; this Court itself, (the Supreme of all the Spiritual-Courts) cannot prescribe for sitting here in Doctors-Commons beyond the memory of man, for it used to be kept in the Arches of Bow-Church, whence it had its name, (but now most improperly,) except it sit by special Commission from his Majesty, and be so styled in the Commission. And if the Archbishop have such Patent from the King to keep Courts of Judicature-Ecclesiastical, as have the Judges in Westminster-Hall for keeping Courts-Temporal, this Defendant desires this Court then so to Declare it, that he may the better know how to demean himself with all humility and submission thereunto. But this Defendant has taken the Oath of Supremacy, and dare not own any other Head of the Church, or Ecclesiastical Judicature, but what is derived from Him, in whom alone is inherent all the Executive power in Church and State; And from Him imparted and derived to the Judges under Him. Nay, when His Majesty has derived such power to His Judges, yet they cannot make a Deputy, if they be sick, nor an Official or Surrogate. Indeed sometimes a Sergeant at Law is surrogated, (in the room of one of the 12 Judges, sick, dead, or otherwise avocated) and goes the Circuit; but this must be done by Special Commission, and his Name specially inserted and mentioned therein, no Judge can make such a Surrogate or Deputy; Besides, it is but only pro eo vice, for that turn only. And though an Archbishop (with his Archbishopric) and Bishop (with his Bishopric) (if constituted according to Law) have all Privileges also annexed anciently, and of right belonging thereunto by Prescription, or otherwise: yet a Right by Prescription and Custom, or Common Law, is lost, when the Custom surceases, and other new Customs innovated; for Customs ought to be certain, uninterrupted and continual, both as to time, place, etc. Thus a Court-leet may be lost and forfoited for want of Use, according to the ancient Usage; and, perhaps, this is (also) part of the Case. Thirdly, To solemnize Matrimony without Banes first published three several Sundays or holidays in time of Divine Service, in the Parish or Parishes where the Parties inhabit, is an Offence against Statute-Law only, namely, the Rubric before the Order of Matrimony in the Common-Prayer Book, every Sentence whereof is Statute-Law in the Act of Uniformity, Which if true, than this Court is no competent Interpreter nor Judge of Statute Law, nor of the nature of the offences against the same, nor of the quality and degree of the punishment of such offences. And though all Englishmen are bound to obey the same to a Tittle, yet scarce any Englishman, Bishop, Priest or Layman, but does offend and transgress the same little or much, and are all Nonconformists, and accordingly are all liable to be Indicted, and have Presentments made against them for Nonconformity, according to the said Statute of Uniformity, and as Sinners and Transgressor's of the same. Yet some of the Rules (in the Rubric) and the Transgressions thereof, were thought so small and such little Peccadillo's, that the Legislators or Lawmakers did not think fit to annex (and assert) any Punishment to and for the same As for Example: It is enjoined in the Rubric to read the Communion Service at the Communion Table, yet not One of a Thousand obeys, except in Cathedrals, etc. (and there also the Act of Uniformity is as much, or more transgressed, than in any Countrey-Church in England, (that this Defendant knows of) as shall be proved infallibly by and by. But if all Ministers obey the Act of Uniformity aforesaid, in reading the Communion Service at the Communion Table in the Chancel, in many Churches, if not in all Churches, not one of an hundred could possibly at that distance, and in the hollow and obscured Chancel, hear the same, or be more edified, than if (in Latin) was read the said Communion Service or Mass; (for so is our English Communion Service said to be commonly known and called (the Mass) in the Common-Prayer Book; put out by the Reformers, (who in composing and translating the said English Common-Prayer Book) are (by the Act of Parliament in 2 Edw. 6. Reign made for the common Use and general Practice thereof throughout the Realm) said to be inspired thereunto by the Holy Ghost. But (here is the unsuitableness betwixt our Times, and those Times) they (like the Primitive Christians, Acts 2.) took the blessed Sacrament (in Cathedrals) every day; and in all country-churches, on every Sunday and Holiday, Wednesdays and Fridays, (on which days only the Communion Service was to be read) nor was it wholly read, but when the Holy Sacrament was administered, (which was usually every Sunday and Holiday, in Country Churches and in Cathedrals every day) and then read after the Litany; and when the Litany was read, than (and not till then) the Priest put on the Surplice, or Albe and Cope. And though no man is enjoined by that Act of Uniformity and Common-Prayer Book, to receive the blessed Sacrament above once a year, yet the Households in the Parish (the Rubric says) were so ordered, that one at least (as his turn came) always communicated with the Priest, one or other, every Sunday or Holiday, at the Altar, where the Priest stood, whilst he read the Communion Service in the Chancel, and might well enough be heard by the Communicants, who all were in the Chancel. This is to show, there is not the same reason now adays (when the Holy Communion is so seldom celebrated, no, not in Cathedrals) as it was wont, when the Rubric (of King Edw. 6.) enjoined the Communion Service to be read at the Altar; for so is the Communion Table there styled, in that Book, said by Statute Law, to be composed, translated or made by the Inspiration of the Holy Ghost, as aforesaid. Again, To give another Example of the constant and wilful transgression of the Act of Uniformity, by the Bishops and Clergy especially: Namely, In the Rubric before the order of Morning Prayer, we find these words— namely— And here is to be noted, That such Ornaments of the Church and of the Ministers thereof at all times of their Ministration, shall be retained and be in use, (mark that) as were in this Church of England by Authority of Parliament, in the second year of the Reign of King Edward VI. Now the great Question will be, What Ornaments they were that were in use in the Reign of King Edward the sixth? A question that (I hope) few Country or City Clergymen of ordinary Rank, know how to answer; for it is to be hoped that they sin through ignorance, and not through stubbornness, and contempt of the Act of Uniformity; and are rather ignorant Nonconformists, than wilful Nonconformists, in using other Rites and Ceremonies, and other Ornaments, at all times of their Ministration, than what were in use in the time of the 2d of Edward the sixth, enjoined by Act of Parliament. For in the Rubric in the Communion Service made in the said 2d of Edward the sixth, after the Title, (which is in these very words)— The Supper of the Lord, and the Holy Communion, commonly called the MASS. We have this Commandment, namely, Upon the day, and at the time appointed for the ministration of the Holy Communion, the Priest that shall execute the Holy Ministry, shall put upon him the Vesture appointed for that Ministration, that is to say, A white Albe plain, with a Vestment or Cope! And where there be many Priests or Deacons, there so many shall be ready to help the Priest in the Ministration, as shall be requisite; And shall have upon them likewise the Vestures appointed for their Ministry, that is to say, Albes with Tunicles. And (to make the matter plainer) in the Act for the Uniformity of Common-Prayer and Service in the Church, and Administration of the Sacraments, 1 Eliz. It is enacted, That every manner of Parson, Vicar, or other whatsoever Minister that ought or should sing or say Common-Prayer, mentioned in the said Book, or minister the Sacraments, etc. shall minister the same in such order and form (mark that) as they be mentioned and set forth in the said Book. Or shall wilfully or obstinately standing in the same (which I hope they will not hereafter venture to do) use any other (mark that) Rite, Ceremony, Order, Form or Celebrating the Lord's Supper, openly or privity, or martin's, Evensong, Administration of the Sacraments, or other open Prayers, than is mentioned and set forth in the said Book. The Penalties for the first Offence, The profit (of the Benefice, Benefices, and all the Spiritual Benefits and Promotions, the Offender hath (for one Year next after conviction) is thereby forfeited and gone; together with six months' Imprisonment without Bail or Mainprize. For the second Offence, Deprivation ipso facta of all the Spiritual Promotions, and one whole Years Imprisonment; and that it shall be lawful for all Patrons and Donors, etc. to present or collate to the same, as if the Offenders were really dead. And for the third Offence, Deprivation (as aforesaid) and Imprisonment during Life. And if the Offender be not beneficed or promoted, for the first Offence, Imprisonment for one year without Bayl. And for the second Offence, Imprisonment during Life. So 14 Car. TWO, there is an Act of Uniformity, that (to the same effect) enjoins no other Rite, Ceremony, Form or Order of Common-Prayer, Ornaments, etc. This is mentioned to humble the rigid Conformist, that he do not plume himself and be exalted above measure over other Nonconformists, without any Mercy or Compassion to human Nature, human Frailty, human Error and human Kind; lest he himself by the next Grand Jury be presented, and found guilty of using other Rites and Ceremonies, than what are enjoined in the Act of Uniformity and Common-Prayer-Book of King Edward VI, or this Common-Prayer-Book; And consequently, get a Prison on his back, the same Prison whereinto he has so often endeavoured to put other Nonconformists; and for the same Sin too of Nonconformity, and Transgression of the same Act of Uniformity, that he has so extolled and cried up. For to bow towards the Altar, to bow at the Holy Name of Jesus, to force the Inferior Clergy, except in Cathedrals, to were the Surplice, or to wear the Hood, during the Ministration of Baptism, Burial, Morning-Prayer, Litany, or Evensong, are other Rites and Ceremonies, and other Ornaments, than were (forced on) the Clergy to use in 2 Edw. 6th, as aforesaid. Indeed, upon the day and at the time (and only at the time) of Ministration of the Lord's Supper, the Priest was enjoined to put on the Albe, or Surplice and Cope. But not till the Litany was read, and just before he began to read the Common-Service, and administer the Communion at the Altar; for, so says the Rubric, in the said Communion-Service in the Common-Prayer-Book of 2 Edw. 6th, (just after the Prayer for fair Wether) in these Words: And though there be none to communicate with the Priest, yet these days (namely, Wednesdays and Fridays, afore-named in the said Rubric) after the Litany ended, the Priest shall put upon him a plain Albe or Surplice, with a Cope, and say all things at the Altar, appointed to be said at the Celebration of the Lord's Supper, until after the Offertory. So that all are Nonconformists, and liable to Indictments, and loss of their Liberty, as well as loss of their Live, that pray before or after Sermon, in other Form or Order, than is set down in the Common-Prayer-Book. And all that force the Country or City Ministers (except in Cathedrals) to wear the Surplice during Matins, or Morning-Prayer, Litany, Baptism, Burial, Evensong, or Evening-Prayer. And all that bow towards the Altar, and set great Candles thereon; and all that bow at the Name of Jesus. And all that wear, or force Men to wear Hoods at any time (except Sermon-time) whether Scarlet, Black, Lambskin, or Taffeta, according to their degree, except in Cathedrals, they may if they please; only it is seemly so to do in Sermon time; but for that, it ought to be left to every Man's Liberty: For so says the Rubric of the second Common-Prayer Book, which I confess seems strangely worded, in these very, Words: In the saying or singing of Matins and Evensong, Baptising, and Burying, the Ministers in Parish-Churches and Chapels annexed to the same, shall (I suppose it should have been printed— may) use a Surplice; and in all Cathedral-Churches, and Colleges, the Arch-Deacons, Deans, Provosts, Masters, Prebendaries, and Fellows, being Graduates, may (here it is may, not shall) use in the Choir, besides their Surplices, such Hoods, as pertaineth to their several degrees, which they have taken in any University within this Realm. But in all other places (mark that) every Minister shall be at Liberty to use any Surplice, or no. It is also seemly that Graduates when they do preach (mark that) should use such Hoods as pertaineth to their several Degrees. So that to wear the Surplice or no, is left to every Man's Liberty, (even in Cathedrals) especially, in all other places. Hoods according to the degree (not in time of Divine-Service, as in many Cities and Country-places, worn, not for want of Ignorance, but) only may be worn in preaching the Sermon, (upon the Knowledge of a Man's Degree and Quality, may recommend the Sermon possibly, and possibly not) the Hood is commended, not commanded to be worn, but the reason ceases in reading Divine-Service, and Administering Sacraments, or reading of Homilies (which are the works of the Law, not our own works) and are not (nor need to be) recommended by the Dignity of the Reader, or Administrator; and therefore Hoods (worn at any time, except Sermon-time) and Surplices forced upon men's backs in reading Matins, Even-Song, Baptizing, or Burials, whether they will or no, and not leaving Men at Liberty, is [enjoining] other Rites and Ceremonies than what the Law enjoins, as well showing at the Name of Jesus, and bowing towards the Altar; a place, which some Men never pass by, but they bow; they ought to lose their Spiritual Promotions for such Superstition; and good reason, for it is either Folly, or (worse) Popish Superstition. For, if he that bows (still) as he goes by (or approaches) the Altar, does not fancy that there is somewhat extraordinary there (that exacts and requires this extraordinary Reverence) above other places, than he is a foolish Coxcomb, to beck and bow only to that place (above all other) for no reason, or for nothing. But if he doth believe there is something placed there, that requires this Reverence (as the Papists assert) who can excuse him from the belief of that Popish Doctrine of Transubstantiation? Also all are Nonconformists that administer the Sacrament without Copes on, and this makes all the Ministers in England Nonconformists: for no body wears Copes, and most wear Surplices, though this Defendant has not worn one (except at Communion-times) for several Years bypast: And a Cope he would wear at such time only of celebrating the Lord's Supper, but he cannot get one, & necessitas vincit Legem. And in this Instance he hath been the more copious, to show how little those Boanarges or Sons of Thunder do observe, how they thunder out their own Sentence and Condemnation; Out of thine own mouth will I judge thee, thou wicked Servant! When nothing but Hell and Damnation, Goals and Excommunications, Fines and Confiscations, Suspensions and Deprivations, will serve their turns, for every little Breach of any Clause in the Rubric, and where no harm ensues, nor loss, (but gain to the People) when they are perhaps married without Banes or Licence. And for Men to say, that bowing at the Name of the Holy Jesus, our blessed Redeemer, is an harmless Ceremony, aggravates the Offence. It is the Popish Excuse for all their multiplied Ceremonies, so many that their Religion is little else; or so miserably covered therewith, that Men can see little else. To bow at the Name of God, or Jehovah, the greatest of all Names, is harmless; but it would be endless to do it; and there is no Scripture to vouch these Bowings at the Name of JESUS, or GOD, etc. as is (hitherto unanswerably) proved in the last page, save two, of the Naked Truth, the second Part. To wear two or ten Surplices (especially in cold weather) together with an Hood about the Neck, are harmless, and the Hood keeps the Neck warm in Winter, but is too hot in all conscience in Summertime: but if it were not too hot, nor yet too heavy; yet still they are other Rites and Ceremonies than are enjoined in the Act for Uniformity; and therefore punishable and unlawful. And what can or dare these Rigid Conformists answer in their own defence, except cry Peccavi, and confess their Ignorance? Let us pray for them in our blessed Saviour's words, Father, forgive them, they know not what they do! For certainly the Law does not forgive them, but is clear against them; What can they say for themselves why Judgement should not be given against them, according to their celebrated Act of Uniformity? And to say, the Canons enjoin some of these Ceremonies, much aggravates the Offence; to play old Canons against the King and Parliament's new Acts and Statutes, this is petulant and unpardonable; (I had almost said) They had more need petition for an Act of Indemnity to pardon all Non-Conformists, and to get for themselves Remission in the Crowd. CHAP. XI. A Gain; The said Rubric says, None shall solemnize Matrimony without Banes. But who observes it? who obeys it? Do not Commissaries, Officials, Archdeacon's, Registers, Vice-Registers, and all that Tribe grant Licences and Faculties, with a non-obstante to the Statute and Rubric? But with what Forehead, and by what Authority? If the Archbishop of Canterbury or York should grant such Licences, or Indulgence, to dispense with the Statute, a little more might be said for it, if but a little. But for these Fellows to sell Indulgences and Dispensations to the Statute, where's the Modesty, or rather the Impudence? The very same Rubric is in the Common-Prayer-Book of 2 Edw. 6. For the said Statute gives no Privilege, no Exception, no Dispensation to any Man to solemnize Matrimony without Banes, solemnly published three several Sundays or holidays, in time of Divine Service, where there are Churches, and Divine Service said in such Parishes where the Parties inhabit; otherwise, they cannot be married without breach of the said Act, or Rubric; (except perhaps in that impediment) because Necessitas vincit Legent. And truly Matrimony (though not a Sacrament) yet is so serious a thing, so lasting when the Knot is once tied by a Priest, ever lasting during Life, that the Law could not safely have been made otherwise than by commanding such a solemn previous Publication in open Church, in the Parishes where the Parties inhabit, three several Sundays, or holidays. And then there could be no stoln-Weddings, nor Infants trepanned into Marriage without the consent of their Parents and Governors. A Caution that even in the times of the late Usurpation was taken care for, when the Justices of Peace did the . And for Registers and Surrogates, etc. to take upon them to take Bond of 100 l. is so small a Penalty, and the Bond so unwarrantable in Law, that it signifies just nothing; but to give a Man an Oath, in the case, is altogether illegal, and punishable. However it is contrary to Law in the said Rubric: But what shall be the Penalty? The Judges (alone) shall determine, according to the evil Circumstances and evil Consquences thereof. So that if this Defendant be guilty of solemnising Matrimony without Banes first published, etc. he hopes he may pass in the Throng, and amongst the crowd of so many and great Nonconformists. But in this case, this Defendant has more to say in his Vindication, than all of them put together are able to say; namely, In the next place, That this Defendant did never marry any without Consent of Parents, or Governors, nor ever any within the prohibited degrees of Affinity, or Consanguinity, nor any who had a Suit depending thereon, or any the like Impediment, Inconvenience, evil Circumstance, or evil Consequence. And moreover, To answer more particularly to the said Articles, that charge this Defendant for solemnising Matrimony (as in the 7th Article) betwixt James Abel and Anne Burnham, John Shepherd and Damaris Gillings, all of the Parish of St. Leonard in Colchester; and also Ed. Hartley, of the Parish of St. Bottolphs' aforesaid; and Mary Groom of St. Leonard's aforesaid; and also D. Steers of the Parish of St. Mary Magdalen in Colchester aforesaid; and An. Bloom of St. leonard's aforesaid; and also R. Potter of Aldham in the County of Essex, and— Everet of the same. To which this Defendant particularly answereth, and saith, That all the aforesaid five Couples are poor People, that either live in Parishes where there is no Church, (but what is demolished) as are the Churches of St. Bottolph's, and St. Mary Magdalen aforesaid, and no Cure at all served there, since the Siege of Colchester, or else no constant Cure served for the space of a month and more together, as at the time when the said Potter of Aldham, and Abel, and the rest of St. Leonard's were married, and consequently no Banes could be published in time of Divine Service, where there is no Divine Service: nor any Profits belonging to the Church of St. Bottolph's, or St. Mary Magdalen aforesaid, that ever he heard of, (if the Churches were standing) and so little to the Church of St. Leonard's as aforesaid, that they have had no Minister sometimes for two or three Years together, nor did any body regard it or take care of it, for two or three Years together, till Mr. Sewell aforesaid, took some care of it; and if he desert the same, they'll be just served as formerly, Canis in Presepi. So that the said People (who told this Defendant they had not the gift of Continency) and therefore (Marriage being the only lawful remedy) they were loath to come together and lie together unmarried, and Money they had none to spare for a Licence, and (if they had) this Defendant had equally transgressed the Statute, if he had married them (with any pretended Licence) except the Banes had been three times published, three several Sundays, or holidays, in time of Divine-Service, which was impossible, & necessitas vincit Legem, as aforesaid. And this Court had had this Answer sooner, but that this Defendant could not in safety or without Affronts approach your Courts, having been there but twice, and both times by your Clerks, Vassals and Rabble, without any regard or Reverence to his Quality, or the Dignity of his Function, assaulted, affronted and threatened. And had he not accidentally, and (by good Providence) had a great number of Substantial Citizens (thither brought perhaps through Curiosity, (especially the first time) of his appearance, and followed him out of your Court) mischief (much mischief) might have been done. Yet, even then, your Creatures, (unprovok'd) did with most insolent and opprobrious Language, and Threaten, pursue this Defendant and the said Citizens, out of the Gates of Doctors-Commons, into the Street, and there shamefully railed and scolded, till we were out of hearing. There are none of his Majesty's Courts in England, but both for their own and his Majesty's Honour, will not only keep the Peace, but a Decorum, and will protect those especially that they summon before them, from Affronts. Nor are the King's Subjects obliged to appear in any Courts, that will not or cannot protect the Suitors from Jeopardy of their Lives, Limbs or Reputations. But to cite this Defendant to Doctors-Commons, and then to suffer (if not to countenance) your Vassals to abuse and affront-him, is no great Argument for the upholding such a Society, but looks like a Trepan, (at least) it is most barbarous and unanswerable. Which if you will not amend and secure him from the Affronts of your Creatures for the future, he does hereby protest that he does not think himself obliged to obey your Summons or Monitions to attend this Court, though he had no other Reason (but he has shown many more) to the contrary. Nor does he think himself obliged to provide himself of a Lifeguard, to secure him from the Affronts of the Men of Doctors-Commons. Nor did he at his first appearance speak Greek to affront the Doctors, but to show how ill it did become them to expect, that such a Man as this Defendant, should stand bareheaded before such as they, that being Doctors of the Canon-Law, (much whereof was writ originally in Greek) they might well blush as red as their Scarlet-Gowns, to expect and command him to stand bareheaded before them, when the Compliment is not due (from this Defendant) to their Master, the Archbishop, by the Canon-Law; which ordains that Episcopus aliquo loco sedens Presbyterum stare non patiatur, (multo minus nudo Capite;) In Ecclesia autem & concessu Presbyterorum sublimior sedeat; intra domum vero, Collegam se Presbyterorum esse cognoscat. A Bishop (for they had no Arch-Bishops in Africa (where the Canon was forged) in those days) sit he where he will, he shall not suffer a Presbyter to stand before him, (much less then, one would think, bareheaded); yet in the Church the Bishop shall have the uppermost Seat; but in a House, he ought to know that he is but a Fellow and Companion of the Presbyters, or Hail fellow well met. It seems they begun to justle for Superiority and the Place in those days, in spite of two Canon Laws more; which from a Man you do not love, you shall have in a Language you do not love; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 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 yourselves, which is not due to you: But a true sense of his Duty, his Quality and yours, as well as your Master's Quality, 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 Clergyman, and an Englishman. Lastly, One Blunder more is yet behind (which this Defendant had almost forgot) namely, That when the said Promoter Henry Bishop of London seems to desist, 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 Nucourt, so saucily promoted him unto, without his Privity (as is conjectured); or perhaps weary of the Prosecution, foreseeing the Answers and Reasons already here alleged; 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 scorned to do;) for the said Thomas Doughty recovering his place again (of which the said Nucourt had really deprived him) takes up the Gauntlet again, and threatens to take from this Defendant his said Rectery of All-Saints, a great Eyesore (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 starved, and to encourage the painful Labourers (that bear the Burden and sweat of the Day) and not suspend, stop their Mouths, or Handcuff them; but to remember that what Power he has, should be employed to the utmost for Edification and not for Destruction, to do all the Good he can, not all the Mischief he can. Or if he will be punishing, Punish the Drones, the idle and ignorant Clergymen; 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, etc. in exacting illegal Fees, in Probates, Letters of Administrations, Institutions, Inductions, Ordinations, Excommunications, Dispensations Absolutions, Visitations, etc. to the great and groaning Oppression of his Majesty's Subjects. Especially, to find other Work, than suspending this Defendant from his Rectory of All-Saints in Colchester, of all Places; where the chief Men (at least, nay, and the chief Women too) as well as the Generality of the People by their Constuence to the said Church of All-Saints, should seem to give him but little Thanks for his great Pains therein. No more Thanks to him than to his Court, that has kept this Defendant two Lords-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, than the said Rectory of All-Saints is not in jeopardy, and the proofs of Witnesses are not directed, and taken in order thereunto, and consequently the eighth Article (at least) is null and void, as being in Doughty's name, and at his Promotion, and yet not one Witness is sworn, nor any Commission directed to swear them at his Promotion; and consequently, if all the objected Crimes were true, and also as proper for your cognizance, as they are (here proved all of them) to be improper for your cognizance; and also though your Jurisdiction Ecclesiastical was never so legal, and founded and built upon the Law of the Land; And though you had known Canons, legitimated by our Sole Legislators, (in all which you are deficient:) Yet then (even according to the stile of your Court) the Promoter Henry Bishop of London, desisting and aiming not at all at the said Suspension and Rectory, (though the Crimes were truly proved) yet his promoted Libel declaring for no Penalty at his Promotion, there ought to be a nonsuit for that Blunder, and the Defendant dismissed 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 nonsensical 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 substantial upon so idle and slender occasion. Hereafter, if the Promoter, or Promoters, like the Place, Promotion, and Preferment, let them bring a more solid Charge against this Defendant, that he may muster up more, and greater Forces (than his own) to answer the Shock. For (in this Defence) he is single and alone, without (as well as without need of) any other Man's Assistance or Advice; but then perhaps he will get better Heads than his own. In the Interim here's enough (without a Fee) especially upon so slight and trivial an Occasion. For is it not subtle, for Men to puzzle themselves in a Court about a Crime (as here for Barratry,) an Offence against Common-Law, and Statute-Law, of which this Court can hold no Plea, nor take Cognizance of? What have Spiritual Courts to do to decide or try Causes or Cases belonging to Common-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 Barratry (as of old) for which this Defendant has already (at a fair hearing) been honourably acquit? As if they had conspired to publish, and thereby proclaim to the World, the Integrity of the Defendant's Life and Conversation to be so great and without Reproof, that in all this time their Invention should be so barren of new Matter and new Accusations, whilst (at the same time) they prove the Fertility of their Malice and Revenge. Both which are the worst Privy Counsellors, unto whose Suggestions, Dictates, and Advice, whoever hearkens, he need no other Enemy, they alone will do his Business for him, and lead him into such Follies, rash, and precipitate Counsels, and Designs, into which, (like as into all other ways to Hell) the Entrance and Descent is easy, but no Deliverance from thence, but return and timely Repentance, (which at best) brings a Man Shame at the last. And is it not subtle, to question this Defendant's Title to his ancient and undoubted Rites and Freeholds, and (in a Court too) that cannot try nor decide such Titles and Controversies, except they crack a Commandment, and hook it in (as some do every thing) rebus Christi, and so bring all temporal matters to Excommunication or the stool of Repentance; or else (like the Pope and Jesuits) compass Sea and Land, and drive all in and under their Jurisdiction, (Kingdoms, Titles, Freeholds, Lands, and Patrimonies, into St. Peter's Patrimony) in ordine ad spiritualia? Will Men never take warning, nor tremble at the Statutes of Provisors, nor leave those old (and discovered) Gilsee-tricks? And is it not subtle, to rip up Peccadillo's against the Act of Uniformity, thereby giving occasion to prying Men, to search into their own Nonconformity in illegal Rites and Ceremonies, universally and without Repentance practised (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 Favourites of old, have been (as well as in our days) forced 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 subtle, 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 saucily implident, and mischievously saucy are some Servants, that (if their Masters will tamely suffer the Familiarity) play the sauce 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 unrevoked (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 revoked, and Mr. Sewell's was never yet revoked; no matter though how soon, that the People may see, the difference on't, and that seldom comes a better; in the mean while— Metal on metal is false Heraldry. And is it not subtle, to implead this Defendant for a breach of a Clause in the Rubric, of marrying without Banes; when every pitiful Register, Surrogate, Official, etc. makes no bones of it, but publicly sells such Indulgences, Licences, or Dispensations, in defiance of the Act of Parliament, the Act of Uniformity, and the said Rubric (a Branch of it) that equally forbidden 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 Rubric, 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 Magdalen, not these thirty Years last passed, nor any Churches (save what are demolished) 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 straight, gave David some of the Shewbread, which (except in case of hunger and necessity) was not lawful for a Layman to eat, but only for the Priests: this Defendant also dispensing with the Rigour of a Commandment, which was impossible to be kept, without a greater Mischief and Inconvenience, namely, Adultery: A Sin, proper (of all other) for the Cognizance of this Court, and the Scotchman John Dargavel, late Vicar of Boxted in Essex, (who got two Bastards in one House, where he boarded, much of one age, this Defendant baptised 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 Scolland) was punished with another Living in the West Country, of 100 l. per annum, which he enjoys 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 withess, publicly known, and scandalous; and yet in this Court it seems, it found no Suspension for three Years, as here (in this case) is threatened for preventing Adultery, by marrying without Banes, where none could be had. Some Men had better steal a Horse, than others look over the Hedge. 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 looked into, bleared with illegal Fees, Extortions and Oppressions of the King's Subjects in Probates, Letters of Administration, Ordinations, Institutions, Inductions, Visitations, Synodals, 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 longed for Correction. And Pity it is, great pity, that he should escape the Lash, who wantonly calls for it, efflagitantes & sollicitescit. Finis Respons. CHAP. XIII. Well may the Reader wonder, that wise Men should be so Hoodwinked with Passion or Prejudice, to make such a do about nothing; and accuse a Man for (old acquitted) Barratry in an improper Court, or make it a Crime to defend himself, his ancient Rights, Freehold and Tenants, from an Intruder. But above all, 'tis incomparable, that Registers, Commissaries, Officials, and such kind of Creatures, should make such a noise about marrying People without the strict Rituals of the Church (which they break every day, by granting Licences publicly in defiance of the Statute) and pronouce such Solemnisation of Mattimony a Profanation! How do they pass Sentence against themselves? as if the Children of all that were married without Banes by their Licences, and Indulgences, (contrary to the Ritual and punctilio of the Statute of Uniformity) were Bastards! Which wicked Suggestion, the Papists may possibly (but God forbidden they should ever have the Power) improve upon us all, and by the same Argument, make all our Marriages, not Solemnisations but, Profanations, and our Children (conseqently Bastards, etc.) not inheritable to our Estates, as being not born in lawful Wedlock, or Matrimony, which (say they) can never be Legal, except made according to the Ceremonies of the Roman Ritual. And therefore, though some Protestants and Papists (rashly) marry together; yet, the Papists will be married according to the Roman Ritual, by a Popish Priest, and then they do not much care (for they look upon't as nothing more than (of old) to be married by a Justice of Peace) for the present Exigency and edge of the Law, and therefore will condescend to be married again according to the English Ritual: Which brings to my mind a Passage (here) well worth the inserting, and mentioned in the History of the Life and Death of that Famous Judge, Lawyer, Philosopher, and Divine, Sir Matthew Hale; In these Words, Page 83, 84, 85. He was a devout Christian, a sincere Protestant, and a true Son of the Church of England, (and yet he had been one of Oliver Cromwell 's Judges of the Common-Pleas) moderate towards Dissenters, and just even to those from whom he differed most; which appeared signally in the care he took, in a Case of the Quakers; wherein he was very cautious (mark that) in declaring their Marriages void, and so bastarding their Children. But he considered Marriage and Succession as a Right of Nature, from which none ought to be barred, what mistakes so ever they might be under in point of revealed Religion. And therefore in a Trial that was before him, when a Quaker was sued for some Debts, owing by his Wife before he married her; and the Quaker's Counsel pretended, That it was no Murriage that had passed between them, since it was not solemnised according to the Rules of the Church of England. He declared that he was not willing, on his own Opinion, to make their Children Bastards, and gave Directions to the Jury, to find it special, which they did. It was a Reflection on the whole Party, that one of them, to avoid an Inconvenience he had fallen in, thought to have preserved himself by a Defence, that if this Judge had absolutely determined, must have made their whole Issue Bastards, and incapable of Succession. And for all their pretended Friendship to one another, if the Judge had not been more their Friend, than one of those so called, their Posterity had been little beholden to them. But he governed himself indeed by the Law of the Gospel, of doing to others what he would have others do to him: Which Law vacuates and makes null and void all Laws of Man, ipso facto, that are made to the contrary, as being against the Law of God and the Law of Nature. And therefore because he would have thought it a Hardship, not without a Cruelty, if amongst Papists all Marriages were nulled, which had not been made with all the Ceremonies of the Roman Ritual; so he applying this to the case of the Sectaries, he thought all Marriages made according to the several Persuasions of Men, aught to have their Effects in Law. Here was a Man made up of Law and Reason, and had Conscience and Compassion to human kind mingled with his Profession of Christianity, and was good as well as wise. He well foresaw what a Rod, a just Rod we Protestants make for ourselves, and (if ever the Papists prevail) to bastardise all our Children, if it be a concluded Maxim of the Church and Law of England, That every omission, or want of the established Rituals in the solemnisation of Matrimony, make it null; Marriage being a Right in Nature, and observed amongst Heathens (where I have inhabited and dwelled) that never heard or regarded any other Religion than the Law of Nature. And though one Man, may (if he can manage them, or think that he has not enough of One) if he please, and also if another Woman agree to it, he may take her to Wife, and as many as he can, in addition: But Adultery is never heard of amongst them, at least more rarely than in Courts Christian. And thus I hope both I and all my Countrymen (truehearted Englishmen and Protestants) will have more cause to rejoice, than Court Christian, that ever they roiled or provoked my lazy and beloved Silence, Retiredness and Privacy, by so silly an occasion, to publish thus my Thoughts and Meditations on greater Matters: But such is the Policy; when I had begged of Sir Thomas Exton (my old Friend and Acquaintance) as if it had been for an Alms, more than once, (which they ignorantly construed to proceed from fear of them) That he would speak to the Bishop of London to withdraw the Prosecution and Promotion, and not force me to Answer, what I knew would (and which I was loath should) be displeasing to them. And it is usual for Men that are chief guided by the Maxims (only) of Self, Self-Interest and Self-Designs, to construe all Overtures of Peace, Quietness, Amity and Accommodation to proceed from fear of some Mischief from them, (of doing which they are resolved, when they can, not to be over-cautious) for they cannot imagine that such amicable Overtures proceed from Ingenuity and a study of Peace and Quietness. But if Men (like some eager Wrestlers, that have more mettle, than skill or strength, after many repeated Foils, Foil after Foil) will never take warning, 'tis just they take what follows, Self do, self have; Nay, no matter; who bid them be so Foolhardy? Did not Lightfoot (that pretty sweet-lips) Asahel, (all Mettle) and Hotspur, pursue Abner, that old Captain, and by no Persuasions could be induced to fall upon the Youngsters, or common-men, but Abner, Abner only must be the Man he would hunt down and conquer; Tho (2 Sam. 2.21, 22, 23.) Abner said to him, Turn thee aside to thy right-hand or to thy left, and lay hold on one of the youngmen, and take his Armour. But Asahel would not turn aside from following him. And Abner said again to Asahel, Turn thee aside from following me; wherefore should I smite thee to the Ground? How then shall I hold up my face to Joab thy Brother? Howbeit, he refused to turn aside: wherefore Abner with the hinder-end of the Spear smote him under the fifth rib, that the Spear came out behind him, and he fell down there, and died in the same place. CHAP. XIV. NOR does the Order of Matrimony (now used) much differ from that made by the inspiration from the Holy-Ghost, in 2 Edw. 6. (for there also no Indulgences nor Perfunctory Money-Licences are allowed or winked at, nor the Avarice countenanced) save that, instead of— With this Ring, I thee wed, with my Body, I thee worship, etc. is inserted— With this Ring I thee wed, This Gold and Silver I thee give, with my Body I thee worship, etc. For the Bridegroom (besides the Ring) was to give the Bride other Love-Tokens, called there, Tokens of Spousage, as Gold, or Silver; and also they were to receive the Holy Communion together, or Sacrament, without which never any Matrimony was solemnised; a good beginning makes a good ending. But to come to a Conclusion of this Essay: Schism or Sedition (quasi se itio) or going by one's self, or, in a private path or way of one's own head, (out of the King's Highway, the Act of Uniformity) is a transgression indeed of the Law. But if nothing will serve men, but severe Remarks must be made on such Seditious or Schismatics, (by what has been said) you see we must all cry, guilty, from the highest to the lowest, Clergy and Laity, that have but bowed at the Name of Jesus, or to the Altar, or set up everlasting Candles thereon; for the Papists light them, and burn them upon the Altar, in imitation; for most of their Religion is only Apish Mymicry of the Primitive Times and Christians, who were glad (because of Persecution) to meet in private Conventicles, in Cells and Cellars, and by stealth in the Night, and consequently did all (as the Papists now do usually at Noonday in their chiefest Churches, they obscure the Windows with Hang, and do all (perhaps in fee with the Chandler's) by Candle-light, or thinking as some idle Tradesmen do (that burn the day) that bought Light is best. I say, the Observation of the said idle Ceremonies, of private Interpretation, Making and Constitution, make us all Schismatics, Seditious, Seitious from (and in defiance of) the Act of Uniformity. And we must all cry peccavi, hold up our Hands, and cry guilty, guilty, and culprit, if we hap to be tried by God and the Country. Nay, where shall we get a Country or Jury, that are not equally guilty of Nonconformity, as ourselves; or that can find us guilty, without bringing in a Verdict (also) at the same time against themselves, and their own Nonconformity? Which shows how unpractiacable that late Doctrine is like to prove, that none but Conformists to the Act of Uniformity shall be Jurymen: A very fine Rod it would make everlastingly against all Protestants, if such a new Doctrine should be established as the Law of the Land. For, (if Q. Mary's Days should Pythagorically Circulate, and face about (as we then were) which for our Sins, and base servile truckling is not impossible) than we have made a fine Lash for our own Backs, and with our own Mouths sentenced and for ever condemned the two great Assistants of our English Liberties, Properties, and ancient fundamental Constitutions, Safeguard and Lise-guard, namely, Parliaments, and Juries, if ever the Popish Religion come to be the State-Religion, and make an Act of Uniformity. Search, and you'll find, that the great Mystery of Iniquity, runs in a Blood, among all those that set up a standing measure for all Men to meet by, and knock out all Men's Brains (as that Giant Procrustes did) who were Longer or Shorter than his Iron Stand-bed; or, cutting off so much of Men's Legs, as out stretched it, or else extended and racked out all the little Dwarves, in whom natural Endowments were desicient. Obj. What then? Shall not all be of one mind, and keep the Unity of the Spirit in the bond of Peace? Answ. What, upon Compulsion? No, if all the Inquisitions and High Commissions, Racks, Goals, and Gibbets, were in the Confederacy, no Man can be made to do any thing in Faith upon Compulsion; and whatsoever is not of Faith, is Sin; and it is not lawful (it is the Devil's Work) to tempt Men to sin. You may imprison them, you may knock out their Brains, but if you would hang them, you cannot make Faith, or make any Man believe; (that is God's Prerogative alone) It is the Gift of God. Only use the Receipt that he prescribes against Infidelity, Teach, Exhort, give good Examples, in Meekness, not in Goals, instructing those that oppose themselves. If this will not do, do not stamp, fret, and curse, and rail, nor deliver them to Satan, by Excommunication, but pray to God for them, and their Conversion. Thus the Apostles conquered the World to Christianity, until the Pope came, and (in Imitation of Mahomet and Presbyterian Cruelty) made Converts with Fire and Sword, and Desolation, confining (like the famed Conjurer) their Spirit, or Familiar Daemon to the Pummel of their Sword; thence came Fire and Faggot, (the Inquisition-Purgatory, for an excommunicated Infidel, and Horning, Goals, and Outlawry, in Scotland, amongst the rigid Scotch Presbyterians, for the like Offence, and no Deliverance but the base Close-Stool of Repentance. And whilst these Popish and Presbyterian Bigots are thus cursing, damning, kill, destroying, a Man and his House, a Man and his Heritage; they think (or at least) would persuade you to think, that whosoever of them destroyeth or killeth you, (therein) doth God good Service. CHAP. XV. ANd who knows but God and Nature, (which seems in the will Creation to delight in Variety, and therefore not one Individual (Man or Beast) which are numberless) are yet exactly in all Symetries and Proportions, Sizes, Features, Figures, and Complexions alike) is also so offended with diversity of Thoughts, Opinions, Fancies, or Judgements differing. For though we are all of different Airs, and Feature, and shapes; yet we all continue to be Men; and though we may differ in many Punctilios, and some come short, and some overstretch the known common, public and uniform Standard, (God forbidden but) still we all of us may continue to be Christians. But we may as rationally quarrel with every Man we meet, whose Nose of his Face is longer or shorter, lesser or bigger than our own; as to quarrel thus endlessly and to Daggers-drawing, about different Judgements and Opinions, in Men whose Heads and Eyes are not all of a size and accuracy, to the shameful Disturbance of the Peace of the Kingdom, and the Peace of Christendom. And for all this, We may thank the Avarice and Ambition of Rome and Infallibility, that pretend to be the only Ringleaders to Heaven; and if you will not come along with them, they'll curse and damn you, and bid the Devil take you for a Heretic and an Infidel. Whist the Turk laughs in his Sleeve to see how the Protestant Christians are forced to fly to him for Shelter (as now the Hungarians do (called therefore Rebel Hungarians) that so Gog and Magog, would please to defend them and save them from Jesus Christ's Vicar, and his Bloodhounds, the Jesuits. A very goodly Account, and ready way to convert the Great Turk! So that for my part, I wish we may (now) put into our Litany again, that which is (and was) put in by the first Reformers and Martyrs, and Composers of the Common-Prayer-Book and Litany in 2 Edw. 6th,) I know not by what or whose Artifice (now) omitted: Namely, From all Sedition, and privy Conspiracy; From the Tyranny of the Bishop of Rome, and all his detestable Enormities; from all fulse Doctrine and Heresy, from Hardness of Heart, and Contempt of thy Word and Commandment, Good Lord deliver us. There's not one word of alteration in the Litany, from what it was at first, except in this Suffrage; and sure 'tis now as needful and seasonable a Prayer, as ever it was. For is it not great Tyranny in the Bishop of Rome, and of all such as are of like Popish Principles, to quarrel with all Men we meet upon the Road to Heaven, because they will not go our Way? and if Words will not do, then Blows shall, and then hale them along, and curse them and damn them, excommunicate, and Goal them. And all (forsooth) because the Pope, and every little Popeling and rigid Spit-fire, pretends that he is in the right Road, and in the very infallible way to Heaven, and they that will not just come along with them, (for which also they'll make them pay Toll too) then hale them along by Head and Shoulders, out them in Prison, and take away their Purses. A most incomparable Christian Method! but I'll say of such (as Pope Alexander 6th, said of his wicked Son Caesar Borgia,) me commonstratore non didicit, he ne'er learned this of his Father: I mean the Father of Spirits, our Heavenly Father never taught them thus to fight and quarrel upon the Road to Heaven. Why? suppose a Man will not go our way, or think his Business rather lies another way, a shorter cut, a nearer way and a better Road. Must we, because we think the Man is in an Error and Mistake, draw our Weapons (whether carnal or spiritual) upon him? where's the Reason, the Conscience, the Christianity of it? Does not every Man best understand his own Concern? or if he doth not, 'tis not our loss, but the harm is his own: We may advise him friendlily, and tell him of the dangerous way he is in, of which yet none of us (the wisest of us) are certainly infallible and assured. But if he will not take our Advice, far him well, curse him not, but pray for him, and say, God bless him, and teach him and us the right way. Indeed, if our Actions and Manners be against the indisputable and unquestionable Laws of God and Nature, as Blasphemy, Adultery, Drunkenness, and Rebellion, Treason, etc. Then take him Gaoler, and let the Magistrate correct him: But to curse, whip, lash, flash, and Bridewell a Man for not thinking as we do, (Opinion and Thought being free, and impossible to be compelled) is a Spanish Inquisition, High-Commission, and Romish Tyranny, and a Lunacy (to boot) beyond that of Bedlam. God grant us to be all of one Heart and Mind in God's Worship and Service, and to keep the Unity of the Spirit (at least in the Bond of Peace, and Comprehension.) But if (thus) Praying will not do; cursing, and excommunicating and damning should not do I am sure. Which makes me think of a Gain (and I'll not think it Battology to recite it again) namely, That admirable and Christianlike Direction, and (only safe) Prescription of the said Incomparable Sir Matthew Hale, amongst his said 18 Caveats, given to himself, in these Words. That I be not too rigid in Matters purely consoientious, where all the harm is Diversity of Judgement; and if in Criminals, it be a Measuring-cast, to incline to Mercy and Acquittal. This is true Plety indeed, and the only true Christianity; but the contrary, is true Impiety, and the only true Antichristianism. Besides, 'Tis true Policy too, no Man quarrels with another that is not just of his Size, Complexion and Pitch: and why not? Because there's no Law to sine every Man that is not of such a common Standard, Size and Pitch; if there were, Covetousness and Tyranny would set the Uniform and common Sandard-men at work (if it were but for the Fine sake) to hale in the Nonconformists, and dissenting Scanltings, and then what old tugging and quarrelling, goaling and baleing would there be, to the perpetual Disturbance of the Neighbourhood, and the Kingdom, as well as to the shameful Scandal of Christianity, that makes Doves and Lambs indeed, but neither Wolves nor Bloody Bonners or Tigers. Whereas now that we have a general Comprehension as to all Sizes of the Body; and no Man is bound to grow to just such a Soantling, and no higher; we have no quarrelling about the Matter, no more than there is in Holland (about Religion) where, though they have different Religions, yet every Man being left to God and his Liberty to go to Heaven which way he please, they never curse, damn, excommunicate, or quarrel about the matter, but leave every Man to stand and fall to his own Master, and Creator, further than Christian Admonitions and State-Encouragements and Preferments do invite or allure. For they admit and courteously entertain (like Men and Christians) all Mankind, except the said Inhospitable and Anrichristian Bloodhounds, the Jesuits; and those, if they catch hunting, or resting in any of their Dominions, they immediately (upon proof) boil them to death in scalding Oil. And to this Severity they are forced and constrained through that Jesuitical Maxim, that Dominion is founded in Grace, and consequently, All the Kingdoms of the World, Territories, People and Dominions, aught to be subject to Christ's only Vicar, or Vicegerent upon Earth, the Pope. For Severity and Cruelty may make many Hypocrites, but cannot make one Saint; it can do much Mischief, when in Power (the only thing that wicked Men mind) but not any Good: it can surrogate to Destruction, but not to Edification; it can (like Erostratus) get a Name and Fame for destroying the Temple and Church, but wants the Heart of Holy David, and the wise Head of Solomon and the Apostles, to build the Temple and Church of God. Our Blessed Saviour came neither to destroy the material or spiritual Temple; but if Scribes, Pharisees, Hypocrites, destroy it, he said, he could build it again in three days. But some men's Arts are like the late Bishop of London, Bonner, his Arts; they can destroy and fire the Spiritual Temples of God in few days, more than they will erect and build up all their Life-time. — Sic facilis descensus Averni. The way to Hell is very easy, And downhill all way to't, an't please ye. And therefore away with men's Prate and Talk, vouching their private Malice and Revenge, with the Constitutions of the Church, The Church; if they be not according to the Constitutions of Christ in the Gospel: for, as Cyprian says, Serm. 5. de Lapsis, non est Pax fed Bellum, nec Ecclesiae jungitur, qui ab Evangelio separatur. Then trust ye not in lying Words, Jer. 7.4. saying, The Temple of the Lord, The Temple of the Lord, are these; Behold ye trust in lying Words that cannot profit! Will ye steal, murder, commit Adultery, etc. and come and stand before me in this Houses which is called by my Name, and say, We are delivered to do all these Abominations? If this House, which is called by my Name, become a Den of Robbers in your Eyes; Behold, even I have seen it, saith the Lord. But go ye now unto my Place, which was in Shiloh, where I set my Name at first, and see what I did unto it, for the Wickedness of my People, etc. Whence I note, that no People or Church (how dear soever it has been unto God) has a Charter of Privileges to offend, rob, or murder their Brethren, under the Title, Umbrage, and Name of the Church— the Church,— which Church is not exempt— from God's Visitation and Punishment, (if not) Extinguishment. Which brings to my Mind, what Heylin in his Geography, says of Poland, l. 2.150. The King (at his Goronation) takes an Oath, to confirm all the Rights and Privileges of the Subject granted by any of his Predecessors, and also adds this Clause; Quod si Sacramentum meum violavero, incolae Regni nullâ nobis Obedientiâ tenebuntur. That if I break my Oath, the Subjects are not obliged to us in Allegiance or Obedience. A Clause, that seems to me proper only (if proper at all) for an Elective King, as is the King of Poland, and not for a King whose Kingdom is Hereditary, as Sweden, Denmark, England, France, and Spain; nor can it, or ought it to be otherwise applied, than as to the matter in hand; that (whatsoever the Pope do, yet) God gives no Indulgences, Licences, or Privileges, either to sin, or to sin impunè. Besides, Piety is the greatest Policy in the World, and the most easy, as well as most safe, certain, and sure way of governing Mankind, in Mercy, Goodness, Meekness, Compassion, Justice, in not being overruled with Popular or Parasitical Applause, or distaste of the greatest Favourite. Especially, in England of all the World, who are sturdy, (generally) hard to be forced or driven, but easily drawn (like a great Ship in calm Water) with a Twine-Thred. Besides, the Defence of the King and Kingdom consists not in impregnable Fortresses, Forts, and Citadels, as in the Low Countries, but in the Limbs and Hands, Heads, and Hearts, of the happy Natives. (I mean) our Mainguard (under God) consists in Castles of Bones, and not in Castles of Stones. CHAP. XVI. FRiday, Novemb. 25th, 1681, was the day appointed and agreed upon (on both sides) to argue the said Pleas, Protestations, and Answer; and to that purpose, Sir Philp Lloyd, (upon the 21st Instant, being their Court-day) did bid me nominate and choose what Advocates I thought most meet to argue, and improve my said Prostestations, Pleas, and Answer. Advocates? (Replied I) Advocates? what? shall I ask Advice of the Fox, how to preserve my Chickens? Advocate's indeed, have the Advantage of me in Skill, Eloquence, Plead, and Subtleties; but all that will be abundantly supplied by the Advantage of the Ground on which my Innocence has placed me—. Let Criples go on Crutches, (I told them) and that I doubted not (by God's help) but I should stand on my own Legs, and against them all, if I might but be allowed fair play, and the benefit of the Laws; which was fairly promised, and honestly performed; yet on the day, time, and place appointed in Doctors-Commons, to argue this mighty Case, before the Judge came into the Room, I was most insolently affronted, and my Hat plucked off in great Rudeness, and tumultuously by a Proctor's Clerk (unworthy the naming) who being reproved for the saucy Attempt by some Citizens there present (all strangers and unknown to me) upon the Stir, comes in Sir Philip Lloyd, and enquiring the Cause of such Disturbance and Noise, was told by one of the Citizens, and who caused the same. He very honestly checked and severely chid the Fellow, and bid him be gone out of the Room, and that otherwise he might have been thought privy, or at least to countenance such Rudeness, when Men come upon their Affairs, Citations and Monitions (to Doctors-Commons;) but that was poor Satisfaction for so great and public an Affront; 'tis well we have his Majesty's Laws and his Majesty's Courts to vindicate and secure us from such barbarous Assaults, and probably the Fellow has heard from me concerning it, before this time. In the Interim, to proceed,— Sir Philip takes a Chair and sits down, and so did all the Advocates, and very courteously, the Judge desires me also to take a Chair amongst them, and sit down; and great Expectation there was by the Bystanders to hear this mighty Argument. But when it came to Sir Thomas Exton, (of Counsel for the Promoter) instead of arguing, admitted my Pleas, and there's an end of an old Song, except at the next Term, the Term Probatory, further Debate, or Debait arise; so away I came, out of their Room with the stifling Crowd after me, who were defeated of their hopes to hear some Proof or good Foundation for their Spiritual's Courts, which Sir Thomas Exton said, I denied; and my Reasons for the same, you have heard in my Answer, which was not argued, but admitted, and so the Bystanders lost their Longing, as well as I lost my time, detained for a Nonni-no above a Fortnight at London, from my Parish, my Family, my Cure and Charge. But how I employed myself in that Fortnight, you have read (thus far) in this Book, all writ at London in that time; and the next day, coming to Colchester, weary, and tired and bemired, I immediately (to show my Love to Peace and Quietness) writ by Saturday Post, this following Letter, (to Sir Thomas Exton) not amiss, here to insert, in these very Words. Colchester, November 26th, 1681. Right Worshipful; I Expected Yesterday, that you would have argued (as the Bishop's Advocate) against my Allegations; but since you chose to admit them, I have resolved once more, thus to persuade you rather to be a Moderator (which is in your Power) to reconcile the Differences betwixt the Bishop of London and myself, rather than to espouse a Party and be a Stickler (though for a Lord Bishop) against your old Friend, and Vniversity-Acquaintance, of 35 Years Continuance. If you think this motion for Peace, and Accommodation proceeds from fear, the Impartial-Consideration of my Answer will undeceive you. And this is the last Overture I will ever make for an Accommodation, except you answer it and me effectually within a Week. And by your neglect (which is probable, for Passion and Rage is deaf, and hath no Earsy I shall then think myself absolved, not only in my own Conscience and Honour, but in the Opinion and Sentence of all good Men, if (after these amicable Overtues rejected) Differences grow to that height, that in my just defence I be forced to reach some unhappy Blows, that may (otherwise against my will) hit an old Friend. Thus (you see) how I study to be quiet, and to avoid Disputes, especially with my Diocesan; though he cannot possibly contrive a way to make my Name and Fame so Eminent and considerable, as by (thus) publicly entering into the Lists of Contests with me. Wherein, if I be foiled, no great Honour can he get by the Victory, after such great advantage of the ground he has got to stand on above me. But if he come off with loss, how will he have cause to blame those Counsels, that irritated him to this unseemly Encounter? Revenge is God's Attribute, and can no more be safely and honourably handled by any Man, than burning-Coals, which leave at best unhandsome Scars, and uncomely Cicatrizes, though healed never so cleaverly. But Harm watch, Harm catch. And if nothing else will serve, then let all our Faults be ripped up, and exposed upon the Publick-Stage, (to make sport for the By standers) and currat Lex; I am Your Servant, Edm. Hickeringill. It was (and is yet) a Canon, agreed on all hands, in the first General Council of Nice, (which the Church of England owns) That no Bishop shall quit a small Bishopric for a bigger, and (therefore) better. But who heeds the Canon, when an useful Man, a Man of great Parts, great Improvements, great Learning, and also (which I had almost forgot) great Relations and Friends in the Case! It was a Canon (Concil. Sardic.) that none should be made a Bishop but gradually and passing through all the Inferior Orders, and had also continued in them for some considerable time; there was no Bishops than made per saltum, (as at leapfrog) skipping over 3 or 4 Heads; none vaulted into the Holy See or Seat, nor leapt so high at one Jump; but mounted (as to the Altar and Holy of Holies) by Stairs, Steps, and by Degrees. Because, a Bishop should be a Preshyter or Elder, 1 Tim. 3.6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not a young Novice? And why? And why? what stops his Grace? The Apostle shows cause for his Non-placet in the next words; lest be fall into Temptation, or the Condemnation of the Devil, by being puffed up with Pride: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, swelled like a Bladder with the Windy and Fanatical Self-conceit of his own merit; when in truth that Bigness is nothing but windy Emptiness, and being discovered or let out, will fall and flag, as Lucifer did from Heaven. That is the meaning of— the Condemnation of the Devil— namely the same Sin of (being swelled with) Pride and Self-conceit, will have the same Punishment that Lucifer had. But notwithstanding all this, the Church made bold to crack a Commandment, in the case of Nectarius, who having great Friends and Relations, was chosen Patriarch of Constantinople, whilst he was a Soldier, a Layman, and unbaptised. And I can tell you, the Patriarch (or Pope) of Constantinople, would have scorned in those days to have given the Wall to the Pope of Rome. Also stout Captain St. Ambrose (that would scorn to bend to the Emperor Theodosius, but flatteringly cringed to the Usur per Eugenius) was chosen (Notwithstanding the Canon-Law) to be Bishop of Milan, whilse he was a Soldier, and Governonr of the same City and Metropolis of Milan; nay, also unbaptised (as I remember). Thus, when the Church can nail the Canons, or crack a Commandment, for Men of great Parts, Interest, Relations and Friends; surely, to show its Charity, it may condescend a little from its rigorous Constitution, and reach a helping-hand, (themselves also being frail and tardy) and Indulgence, in this my case, to me a poor little Man, that has neither great Friends, great Relations, great Parts, great Learning, nor (indeed) great any thing, save a great Adversary. To the 2d Question, namely, Quest. 2. If Christ or his Apostles did ordain such an Ordinance, (as Excommunication) who were the Administrators? Answ. The Answer is easy, namely, such as had Ability to judge and discern, Right from Wrong, Truth from Falsehood, and an Orthodox-man from an Heretic, by the Gift of the Holy Ghost, called, discerning of Spirits. For we shall be in fine taking, if, upon a fair Trial and Issue, (what colour is such a Horse, white or brown,) we should place a blind Man upon the Bench or Jury; or Men-purblind and . The Pope craftily foresaw this, before ever he applied that of Tit. 3.10. to his Jurisdiction— namely, a Heretic after the first or second Admonition, reject— And therefore he first made himself the Infallible Judge, that cannot be mistaken, but always discerns Right from Wrong, Truth from Falsehood, an Orthodox-man from an Heretic; for then (and then only) is Excommunicating a Heretic rational, when built (and only then when built) upon Infallibility; take that away, and down comes the lofty Fabric, or Fortress, or Citadel of Excommunication, that has so awed, and overawed the whole Christian World. For what a Blunder is it in Ratiocination, to say, the Church of Rome, Alexandria, Antioch have erred, and the Church of England may err, and yet these same Churches shall as stiffly decide, and positively assert, what is, (and what is not) Truth, as if they were (not Seekers, Searchers and Viatores, but) Infall ibility men. For supposing a Church or Churchmen may err, (as did the greatest Council of Bishops that ever was in the World (about 700) at Ariminum, Sirmium, etc. who were Arrians, and denied the Divinity of our Saviour) the Orthodox and Protestants had a good time of it, to be burnt by the Bishops, as Heretics for asserting the Divinity of our Blessed Saviour. Lawn-sleeves then, nor all those Reverend Habits, and Accoutrements of the Bishops, whether the Most Reverend, or the Right Reverend Fathers in God (we see by many Experiments) are no infallible Marks or Signs of Truth; without all peradventure, as if all their Placets must, must, must needs be right, whilst they are frail like other Mortals, And therefore (Excommunication) like Scanderbeg's Sword is but a common Weapon, except it be wielded by Scanderbeg's Arm, Judgement and Dexterity: A Crieple would make but bungling work with it; nay, perhaps lose it to the Enemy, and then we shall have it turned upon us fatally. Good Crieples! sit still, and be quiet, till you get Apostolical Arms, Judgement and Dexterity; for fear this two-edged Sword with which you do so cut and hack, dismember and mangle the Body of Christ, (for a Guinee a cut) be one day turned upon yourselves with the fatal Edge towards you, if the Enemy recover it, and get it in his hand again. The Enemy, (the common Enemy) the Papists, first, from Tit. 3.10. Excommunicate a Heretic, that is, they deliver him over to Satan (as the Apostles did) but finding Satan would not take the Excommunicate (as he did in the Apostles days) than the Pope (by an Arrogance as petulant as the Sarcasme) surrogates the Magistrate (instead of Satan) to take the Excommunicate for the destruction of the Flesh, (and that in the most compendious way) by Fire and Faggot, for the destruction of the Flesh, Body, and Bones in the Flames. And though amongst us the Heretic shall not now be delivered over to the Magistrate to be burnt, (since the Abolition of the Writ de Heretico comburendo) yet even at this day, when holy Church (which yet confesses herself subject to error) signifies a Man to be Excommunicate for Heresy, the Magistrate takes him with the Writ de Excommunicato capiendo, for the Destruction of the Flesh (not with the fierce Fire and Faggot, but) still with a lingering death, a Goal, until he Repent and Recant that his wicked Error. As for example, Suppose a man should not with both his eyes, (which are good as other men's) and with which he can see as far into a Millstone as any man, should assert, that, though it be the positive Law of the Land to Excommunicate and Deprive men of the blessed Sacrament, yet he cannot see, (in Holy Writ) that Christ debarred Judas, the Traitor, nor that the Apostles ever did (by Practice or Injunction) command such a Discipline, (by some called an Ordinance of God,) in depriving them of the Ordinances of God: as if a Physician should command that the Patient should never take a Cordial or Sanative Medicine because he is sick; Alas! Alas! Cordial Medicines are made for the very nonce for the sick: (as the Sacraments for sinners) and the whole (if there be any such) have no need of this Physic, but them that are sick; And if all sinners must be deprived of the blessed Sacrament, and Excommunicate; I doubt, the Bishop and his Chancellor, (that Excommunicate sinners) must be forc't to Communicate alone by themselves. Well, (say some) but is it not clear, that Titus was commanded to Excommunicate a Heretic, after the first or second Admonitions? Does not the Learned Doctor Hammond upon the Word, Reject, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 translate it, Excommunicate him, or cut him off by Excommunication. So Doctor Taylor, (says) the Word signifies to be drawn out of the City, as an outcast; (and that is rejecting with a witness, if they will also, eject, deject, and stone him to death, as they did St. Stephen.) And a great many more (like Horses in a Team) Jog on (through thick and thin) without choosing their way, following their Leaders; if they have great and hard names. And yet such an illiterate man (as I) can see no reason in the World that [〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉] reject (in English) should be construed (that the Apostle meant that Titus should) throw a Heretic out of the Church by Excommunication. And this I will make bold to descend against all the Sanguine-complexioned Greek-Criticks in the World. But, (in short) can any man expound the Apostles meaning (by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (which for the present we will construe) Excommunicate the Heretic:) bet-better than by the usage he makes of it himself in another place? And can any thing better clear his meaning? Compare then with this, 1 Tim. 5.11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: But the younger Widows Excommunicate (or throw out of the Church, for what?) for when they have begun to wax wanton against Christ, they will marry. And thus, if men had not two measures, one to buy by, and another to sell by, they would not (by their Interpretations and Comments, to gratify their spleen) set all the young Widows in the Kingdom about their ears. For, If a young Widow (brisk, healthful and buxom) according to the Guerdon and Dictates of Nature to propagate her kind, make a slip or so, What then? then Excommunicate her; if a Register or a Sumner smell it out, or have it in the Wind. But then, (you'll say) let her Marry rather than Burn; Ay, but my fierce Interpreters will still have her upon the Hip again, and Excommunicate her for Marrying, by virtue of 1 Tim. 5.11. so impossible it is for a young Widow to come fairly out of their clutches, if 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signify necessarily Excommunicate. Nay, in the whole Bible 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 never signifies Excommunication. We meet with it, 1 Tim. 4.7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And there we can be content to translate it, (gently) refuse profane and vain babble, and exercise thyself rather unto godliness: So here, A Heretic after the first or second admonition, refuse or avoid his company, and rather exercise thyself with men Orthodox, or men of Godliness. This Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you meet with also in Luk. 14.18, 19 and there it is translated (as it ought) to excuse, forbear, or be excused: And then the sense will be, A Heretic after the first or second Admonition, excuse or forbear, or meddle no more with him. What a Hub-bub, What Smithfield-fires has this doubtful Word kindled in the World? How many Goals has this fiery and fierce construction filled? Blessed Apostle! little didst thou intent by that harmless expression and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that (thereby) so many Martyrs in the day of Henry 8. and Queen Mary, should have ascended (like Elijah's to Heaven in a fiery Chariot) from famous Smithfield, or, that the Goals, and Gaolers should have been enriched, with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Can 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 refuse, avoid, excuse, or forbear— be a sufficient Commission (wherewith) to Plunder, Imprison and Kill, all Christendom over, in Bloody Massacres, Fines, Goals, Dungeons and Confiscations, till for shelter (like the Hungarians) they fly for Refuge to the Turk, that (though a Grecian born, yet) never at this sad rate learned to Construe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Known is the Story of that Arrian-Heretick, Mahomet, (afterwards) the great Prophet of the Turks, who, to inveigle his Followers and easy Musselmen, told them he would show them some Tricks, and by Faith remove Mountains, and make two adjoining Hills come together, though he did not (thereby) show his Faith, so much as his Brazen-face. For mounting to the top of one of the Mountains, with his Disciples, he admonished the adjacent Mountain to come to him; but it stirred not: then he gave it a second Admonition, but lapidi loquitur, it made (as if) it did not hear, and budged not; no, not upon the third summons. No, quoth Mahomet, Will you not budge? then if the Hill will not come to Mahomet, Mahomet shall budge to the Hill; and so fairly marched to it. I will not apply it, but this I will say, concerning some (called) Heretics, that seem sixth as a Mountain to their Principles (and who but Infallible-Sirs can tell but that after the way some men call Heresy, so Worship they the God of their Fathers.) If these fixed Heretics will not be removed, if we had faith like a grain of mustardseed, we could remove these mountains without the carnal helps of Spades, Axes, and Pick-axes; but till then, if the Mountains will not come to us, nor we so supple and condescending as to march over to them, let them stand and fall to their own Master, and Creator that there fixed them, except they obey the first, second and third Admonition. Their Souls are their own, they best know on whose Errand they go; we have delivered our Souls, and done our duty, 'tis they must suffer, and is it not punishment enough to lose Heaven hereafter, but we must take their Purses upon the Highway thither, or Goal them, Sequester them, Kill and Slay, Fine and Confiscate; and make them take Heaven by violence (in a wrong sense) vi & armis, with Sword and Gun. Is the Church (for this) called Militant? Beside, Heresy is not so ill-natured a Word, as fierce men make it, Constantine the Emperor calls Christian Religion Heresy, (that is) a Sect, or Profession, or Opinion. The Sect of the Sadduces, Acts 5.17. and Sect of the Pharisces, Act. 15.5. (in the Greek is) of the Heresy of the Pharisees, who believed. Non sum in eadem cum illo Heresi, (i.e.) sententia, says Cicero in his Paradoxes. Quest. 3. Against what Offenders and Offences Excommunication was made use of? Answ. 3. This requires (considering the large Premises) but a compendious Answer; namely, This Sword of Excommunication was never drawn (that we read of) by our Blessed Saviour at all; nor yet by his Apostles, except that St. Paul drew it twice; once against an Incestuous Person, and then afterwards against Hymenaeus and Alexander for Blasphemy: Not a Fornicator, nor an Adulterer Excommunicated in those days (more than in our days) nor a Common-swearer or Blasphemer (amongst them more than amongst us) Excommunicated, except the said Hymenaeus and Alexander, that we read of. And these by an Apostle that neither bore the said Sword in vain, neither mistake by nick-naming the sin or the sinner; for he had the Spirit of Discerning, that we (poor Moles) do want: he never shot at Random, never missed, or shot beside the right Mark; never made this Sword of the Lord to Duel or Hack in a private Quarrel or Revenge, much less upon any false, unjust, or illegal ground: and most of all would have abhorred to have Coined with it, or made Money of it. Quest. 4. How Excommunication (at this day) does agree with the Laws of God, and the Laws of the Land? Answ. 4. By what has been said, it does not appear to me that the Holy Scripture makes Excommunication a standing Ordinance in the Church of the Old or New Testament. Or, that ever any Israelite was debarred (or ordered to be debarred) the use of the Sacraments, for Moral Uncleanness, in Life, Manners, or Opinion, in the Old Testament; or, any Christian, in the New. But herein, I pretend not to be Infallible, nor do I affirm it peremptorily, but humbly desire to be better informed of such as see more than myself, and of my Superiors: I may be erroneous, but never will be obstinate, or a Heretic. The Positive Laws, Human (so that they be not contrary to Gods) Law, I have learned to obey, not to dispute. And I Publish this chief, that thereby Learned men may take occasion, to inform and reform my Judgement herein, if it be erroneous: But I have nothing to say against Excommunication so far as it is the Law of the Land, and not abused. But by what Law of God or Man, the Lay-Doctors, Commissaries and Chancellors (without so much as the presence of a Priest for formality sake) have got the power of the Keys, and to make much Money of them for every trifle, transcends my understanding. Quest. 5. The fifth Query, What good or harm Excommunication has done in the World. Answ. 5. To which I shall briefly Answer, in the words of the Learned Mr. Baxter, in his late Answer to Mr. Dodwell— p. 106, 107, 108. (which I choose (under favour) to quote, chief for the Authority, and also because I am quite tired of this Theme, and will therefore wave at present my own large Collections (which would swell this Book too much) and make them make room for his far more compendious Argument in this following Induction. Nothing but Ignorance or Impudence can deny that the difficulty of knowing whose Excommunication it is that is to be dreaded as owned by God, hath encouraged professed Christians so confusedly to Excommunicate one another, as that this Excommunication hath been so far from constraining most to repentance, that it hath made Christianity a horrid scandal to Infidels and Heathens, by setting the Christian World in the odious confusion of Excommunicating one another. To give some instances how far Excommunication is not coercive. 1. Who but the Devil was the gainer by Pope Victor's Excommunicating the Asians about Easter-day? Did it compel them to Obedience? 2. When the Orthodox Excommunicated the Arrians, did it force them to obey? When they got almost all the Bishops for them, and Excommunicated and destroyed their Excommunicators? 3. When the Cecilians (or Orthodox) and the Donatists for so many Ages Excommunicated one another, merely upon the difference which party had the true Ordained Bishops, Did Excommunications force them to Obedience? 4. (To pass forty other Sects) when Rome Excommunicated, yea, and Prosecuted the Novatians, Did it compel them to obey? And did not Atticus, Sisinnius and Proclus win more by allowing them their own Communion, and living with them in Love and Peace? chrysostom since threatened the Novatian Bishop that he would silence him; but he quickly recalled his word before they parted, and durst not do it. 5. Did Cyril's Counsel against the Joannites win them, or harden them? Was it not Attious and Proclus love and lenity that ended that division? 6. Did the Excommunicating of the Nestorians by Cyril, compel them to Obedience, when so much of the East are Nestorians to this day, and requite the Orthodox with their Excommunications? 7. Did the Excommunicating of those that rejected the Council of Chalcedon, (the Eutychians, and Acephali) compel them to Obedience, when many Emperors took their part, and the greater number of Bishops joined with them, and they equally damned those that received the Council for many Princes Reigns. And when so great a part of Christians as are the Jacobites, Abassines, etc. own Diascorus, and condemn that Council to this day? 8. Did the Excommunicating of the old Heretics, Gnostics, Basilidians, Valentinians, Panlinists, Apollinarians, Eunomians, Aetians, Photinians, Macedonians, Priscillians, etc. compel them to Obedience at all? or did they regard it? 9 Did the Excommunicating of the parties that were for silence (the Acacians as to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and those that were for Zeno's Henoticon) compel them to Obedience? 10. Did the mutual damnations of the phantastics, Justinian's and Gamas' party, and the Corrupticulae, force either to Obedience? 11. Did the Excommunications of the Monothelites compel them to Obedience; when in the days of Philippicus they had a Council, saith Binnius, of Innumerable Bishops? And he saith, that the General Council at Trul, called Quini-sextum, was of the same men that were in the approved sixth General Council, and that they were Monothelites. 12. Did the several Excommunications of the Constantinopolitan Bishops by the Roman, and of the Roman again by them, and the Alexandrian, etc. compel either Party to Obedience? 13. Had the Pope Excommunicated the Africans in the long fraction in the days of Aurelius and Austin, would it have compelled them to Obedience? 14. When the Pope (at last) joined with Justinians General Council against the Tria Capitula, and condemned the refusers of it, did it compel his own neighbour-Bishops to Obedience, when they so generally forsook him, that there were not three Bishops to Consecrate the Pope, but he was fain to use a Presbyter; and when they set up a Patriarch at Aquileia as their chief, and condemned or forsook the Pope for near an hundred years? 15. Did the Pope's Excommunicating of the Goths in Spain and other parts, compel them to obey him? 16. Did Augustine's rejection of the Britain's, and the Britain's and Scots long refusing Communion with the Romanists, compel either Party to obey? 17. Did the Excommunicating of Leo Isaurus, Constantine, and the rest of the Iconoclasts, compel them to obey? Did the Excommunicating of the Albigenses and Waldenses, bring them to Obedience? Or was it not (say some Historians) the murder of about two Millions, that solitudinem fecit, quam vocarunt pacem? 19 Did the Excommunications of the Emperors, Frederick, Henry, etc. and their adherents, as the Venetian Interdict, compel them to Obedience? 20. Did the Excommunicating of the Germane Protestants, and Queen Elizabeth, and the English Protestants, bring them to Obedience? How many such instances may I give you? CHAP. XVII. Of CONFIRMATION. COnfirmation was (at first) a good Invention of the Church, and politicly and wisely ordained: not (in supplement to Infant-Baptism, for that is sufficient without it) but to the end, that when Children come to the years of discretion, and have learned (in the Church-Catechism) what their Godfathers and Godmothers vowed and promised for them (as their Sureties and Pledges) till they came to Age, that they should in their own persons vow the same with their own mouth and consent, openly before the Congregation. But it is not a Sacrament, or necessary to Salvation, (as the Papists insinuate) for it is certain by God's Word (as said in the Rubric of (the said first English Common-Prayer Book since the Reformation, made in the Reign of) Edward VI That children beeying Baptised (if they depart out of this life in their infancy) are undoubtedly saved: And this Common-Prayer Book (as is said before) is declared to be composed by the Aid of the Holy Ghost in the Statute 2 Ed. 6.1. And there is the Church-Catechism set down, beginning (as ours) What is your Name? And ending with these words— And therefore I say— Amen, so be it.: But our Catechism is much larger, and all of it ought to be learned by all, before they be (brought to the Bishop to be) confirmed. And till they can say this Catechism, and give account of it, not (like a Parrot) huddling it over, but sensible, and understanding what they say, shall they be confirmed by the Bishop, who ought by himself (or such as he shall appoint) Pose them (or Appose them) in it; nor then neither, except they also bring with them one Godfather or Godmother, that every Child may have a Witness of their Confirmation. Nor then neither aught they to be confirmed, except the Curate of the Parish where they dwell come along with them, or at least send a Certificate in writing with his hand subscribed thereunto, the Names of all such Persons within his Parish, as he shall think fit to be presented to the Bishop to be confirmed. And then, if the Bishop, upon Posing them, find them fit, they shall be confirmed in manner as prescribed in the Common-Prayer Book. But are these things observed, or who regards them? I have been 19 or 20 years' Rector of the Rectory of All-Saints in Colchester, and during that time have had three several Bishops or Diocesans. Gilbert Bishop of London never made any Visitation into the Country and over his Diocese to confirm any; and yet the same Rubric says, None shall be admitted to the Blessed Sacrament of the Lord's Supper, till they be confirmed (or desire to be confirmed) which last words are not in the first Common-Prayer Book of Edw. VI Humphrey Bishop of London made but two Visitations, and in the latter never came near Harwich and that Country by twenty Miles, nor near Colchester by above eight Miles. Henry Bishop of London has also made two Visitations, and consequently Confirmations, and several of my Parish have been confirmed by them. But how? I never gave a Certificate of the Names of such as I thought fit and capable of Confirmation, the Question was never asked me, nor of any Minister that I know of; nor Godfathers and Godmothers required (as the Rubric enjoins) to every one that is confirmed, nor many (if any) of the children, Men or Women, opposed or posed by any Bishop, or other by him appointed to examine the fitness of them for the same. Nor, did I ever see any Bishop ever examine any; if they did, I that was present saw it not done, and I am sure many (if not all) were confirmed without questioning the matter, or any such said Certificate from the Curate. Surely, Confirmation was godlily designed, but a perfunctory performance thereof at all adventures, is quite contrary to the Institution and Act of Uniformity Nor did I ever hear this essential Question put by the Bishop, namely— Do ye here, in the presence of God, and of this Congregation, renew the Solemn Promise and Vow that was made in your Name at your Baptism, (nay, some have been confirmed to my knowledge, that were never baptised) ratifying and confirming the same in your own persons, and acknowledging yourselves bound to believe, and to do all those things which your Godfathers and Godmothers than undertook (and most of them, I am sure of my Parish never had any Godfathers or Godmothers, nor their Parents could be persuaded to procure them; or if they were willing, they were not able, by any means or persuasion to procure Sureties to be bound, promise and vow for their Children, or undertake by Vow that they should forsake the Devil and all his works, and obediently keep Gods Holy Will and Commandments) for you. Answer— I do. But I say, there required no Answer where the Question was not put, nor the Answer particularly required of each of them. For all that was required, (or, I am sure of a great many) was but to kneel down, whilst the Bishop with a Common-Prayer Book in one hand, and the other hand upon the head of the person to be confirmed, said over each of them, these words. Defend (O Lord) this thy Child, (or this thy Servant, if past Infancy or Childhood) with thy heavenly grace, that he may continue thine for ever; and daily increase in thy holy Spirit more and more, until he come unto thy everlasting Kingdom. But in King Edward VI's Common-Prayer Book, Confirmation was quite another thing, and the words these. First, The Minister signed them with the Sign of the Cross, saying— Sign them, O Lord, and mark them to be thine for ever, by the virtue of thy holy Cross and Passion: confirm and strengthen them with the inward Unction of thy Holy Ghost, mercifully unto everlasting life. Then the Bishop shall cross them in the forehead, and lay his hand upon their head, saying, N. or M. or any other Name. N. I Sign thee with the Sign of the Cross, and lay my hand upon thee. In the Name of the Father, and of the Son, and of the Holy Ghost. Amen. But the Prayer preceding (is the very same with ours) observe it. Almighty and everliving God, who hast vouchsafed to regenerate these thy Servants of water and the Holy Ghost; And hast given unto them forgiveness of all their sins: Send down from Heaven we beseech thee, (O Lord) upon them thy Holy Ghost the comforter, with the manifold gifts of Grace, the Spirit of wisdom and understanding: The Spirit of council and ghostly strength: The Spirit of knowledge and true godliness, and fulfil them (O Lord) with the Spirit of thy holy fear; (but ours, add, (only) now and for ever. And then this Collect following, is almost the same with that of King Edw. 6. I'll set down only part of it, namely— Almighty everliving God, which makest us both to will and to do those things that be good and acceptable unto thy Majesty; we make our humble supplications unto thee for these Children, upon whom (after the xample of thy holy Apostles) we have laid our hands, (mark that, for it is the same in our Common-Prayer Book) to certify them (by this Sign) of thy savour and gracious goodness toward them: let thy fatherly hand, etc. I know, a Bishop being a great person, may (as Majesty uses to do) when he means only his own single act, and single hand, say we, we; for so it is said— we have laid our hands. But, how these words— our hands, can be meant of the Bishop's laying on his single hand, and but one hand, cannot be reconciled to any Grammar: For in King Edward VI's Reign, the happy Reformers kept up— Imposition of hands (not hand) (as the Collect aforesaid says) after the example of the holy Apostles, and in imitation of the Apostles; laying on of their hands upon the Disciples, and thereby conveying to them the gifts of the Holy Ghost. Therefore the Papists anoint, or have an Unction, in mere Mimickry or Imitation of the Unction of the Holy Ghost; which was not sold or made of Apothecary Drugs, (as the Papists Unction is) but purely spiritual gifts of the Holy Ghost, the gift of Tongues, discerning of Spirits, etc. But they that would fain be accounted Successors of the Apostles, and of St. Peter and St. Paul, and love to be called— the Apostolical men, would make Confirmation to be performed, or (of right aught) to be performed by Bishops only, (who the Papists account to be) the only Apostolical men, and Successors of the small Prophets or Apostles, St. Matthew, Thomas, etc. and the Pope, the only Successor of St. Peter and St. Paul. But our first Reformers did not confine this Act of Confirmation to a Bishop (alone) but to other his Fellow Presbyters, who signed with the Cross, and said as many words over the head of the Child, as the Bishop himself. Thus when John was present, Peter did not bid him stand aside, but both of them together laid their hands upon the young Converts, and they received the gifts of the Holy Ghost; in imitation whereof, Consirmation was brought in. And the Rubric, makes the Curate or his Certificate a necessary qualification; and that of (King Edw. 6.) the first Reformers, the Minister laid his hands on, or at least, signed the Party with the sign of the Cross, and said words over him; or; prayed over him. And probably also (as is usual in Ordination) both laid their hands on; or else, what English or Sense is in those words in the Collect— Upon whom we have laid our hands. But now (I say) the Bishop, without the concurrence or consent of the Minister of the Parish (who best knows the state of the Flock) alone confirms all that come; which are very few (God knows) not one (in a hundred, or more) that are baptised; And those, or most of them, hand overhead, without any previous examination of their fitness: And therefore who can pray in Faith, or believe what he says and prays, as aforesaid, in these words— God, who hast vouchsafed to Regenerate these thy Servants by water, and the Holy Ghost; (and yet for aught he knows (I am sure of some) were never baptised so much as by water; over whom (yet) he prays, or aught to pray, in these words, and then—) and hast given unto them forgiveness of all their sins, etc. Be not deceived, God is not mocked, (saith the Apostle:) But what extravagancy will not men run into, that would grasp all to themselves, contrary to the provision the Law has made for the Minister's consent and concurrence (at least) to this same Confirmation; to his actual laying on of Hands (as well as the Bishops) in King Edward VI's time, and signing with the Cross (as well as the Bishop) and praying over their heads, part of that Prayer that now the Bishop will say alone; but in King Edward VI's Common-Prayer Book, the Minister said alone, before the Bishop touched the Party to be confirmed. So that Confirmation, without previous examination and fitness; without Godfather or Godmother for a Witness, and without the Curate's presenting those of his Parish to be confirmed, and certifying their fitness, is not only rash and perfunctory, impertinent and contrary to the great design those had that invented it, but is also illegal, and against Law, and the Act for Uniformity. Hereafter I may, perhaps, show at large, when and by whom it was invented; but this for the present, I am clear for the use of it according to Law, but the abuse of it is abominable. I writ this for the observation of the Law, and that such as cry down Nonconformists, and call for Gaols, Stocks, Fines, Excommunications, Suspensions, Deprivations, and Confiscations, may learn Forbearance, Mercy, Humanity and Kindness to humane kind, considering humane frailty so visible in themselves; and may not with the same mouth opened against other Nonconformists, at the same time, pronounce their own doom, and deprivation of their spiritual Promotions, that are worth the keeping and tugging for. And may learn to be quiet, and bless Almighty God, that they are so well on't themselves, and never Vex themselves to vex others, breathing out nothing but mischief and ruin, to such as are loath to unman themselves by servile Baseness, Flattery and Sycophantry. For my part, I would much rather cease to be a Clergyman, than cease to be an Honest man, an Englishman, and a Gentleman: Which ne'er a Flattering Pimp and Sycophant in England can possibly be. In short, Confirmation is either good for something, or good for nothing; either good, fit and expedient, or not expedient. If it be not expedient, Why is it put into the Common-Prayer Book, or so much as (once) perfunctorily practised? If it be good for something (which I readily grant) then why is it not used, but abused? 1. Why is it ever used by a Bishop, rashly, hand overhead, Hickletee-Pickletee, to all that kneel down, whether baptised, or unbaptised; whether they can, or cannot say their Catechism; whether they have Godfathers and Godmothers, along with them, or though they never had any such Godfathers or Sureties, but tell Stories, when they say— They did promise and vow three things in my name, etc. as in the Catechism: And not one word of all the three is true, or was ever promised or vowed by any body, no, not by their own Parents, who, one would think, aught to be most concerned both in the Vow and Performance? 2. Why does not the Bishop require the Significavit from the Parish-Minister, of the Truth of the Premises, and the fitness of those that are to be confirmed; but this 'tis to do all alone, what is impossible to be well done by any one man. 3. Why does not the Bishop go to all the Parishes in his Diocese, to confirm the Souls that are therein? It is his work, and he is well paid for the same. And why only, at a great Town, two or three, where there is a great Inn, and good Accommodation? I am confident St. Paul never sent his Harbinger before him, (when he went to visit the Brethren, and see how they did; and by Preaching, confirmed or strengthened the Souls of the young Converts;) or, when his Harbinger returned with sad News of cold comfort and accommodation, stopped his Coach, and faced about to the next good Town. 4. Is not the Souls of Villagers and Countrey-Folk, as dear to God, and (aught to be as dear) to a Bishop, as those of the Citizens and Towns of good Trade and Accommodation? 5. If Confirmation be only a Bishop's work, and also a needful work, (as the Common-Prayer Book seems to say) then why is not Confirmation the Bishop's daily work, if the People want such daily bread? And the Unconfirmed Persons and Children (in London, Westminster, and Lines of Communication) cannot possibly by one Bishop be confirmed in Twenty Years, (though he do nothing else, every day in the week, without resting the Sabbath) although he confirmed Forty every day; which are as many as he can well examine, (as the Law and Reason admonishes they ought to be examined) though both his Chaplains were his Assistants in so solemn and grand Inquest, on which the receiving of the blessed Sacrament of the Lord's Supper does depend; and to which such serious and previous Precaution is so necessarily requisite. And by that time the Bishop and his Chaplains have spent twenty years in so good a work, they had need begin their Circuit again, for in those 20 years, a new Generation will arise, that will need their helping hand as much as the former, and so for ever would the Bishop of London be employed in London only; and then what would become of three Counties more, Essex, Middlesex, and Hertfordshire? How should we in the Country make shift without Visitations, Procurations, Confirmations, Institutions, Inductions, Consecrations and Ordinations; for which the Bishop could spare no time, if he have his hands full of Little London only? Wherein are more Professors of Christianity, than were in a thousand Bishoprics in the Primitive Times? 6. If Confirmation, and the said previous examination and capacity be requisite, (as the Rubric asserts and enjoins) then will not greater Inconveniences necessarily follow? Namely, either making Dioceses less, and after the Primitive Mode, and like the Primitive Christians, (when no Bishop had above one Altar, nor more of his Diocese than his Chancel and Church would well hold:) as is sufficiently and undeniably proved by Mr. Baxter, in his Treatise of Episcopacy: a Parish and a Diocese signifying one and the same thing, and some (one) of our Parishes (as Stepney, St. martin's, St. Gyles', St. Andrews Holborn, etc. the least whereof) would make an Hundred Primitive Dioceses; nay, it is well if an Hundred Bishops could look well after one of them Parishes, as they ought to be looked after. Four hundred years after Christ, in Augustine's time, at a Conference Provincial, there were 286 Bishops, and 120 absent, and 60 Sees vacant, 486 Bishops in one Province. Or else, if the Dioceses continue so vast, than Suffragan-Bishops, and Chorepiscopi must necessarily come into Play again, or else Confirmation (must either not be done, or not done as it ought, and as is required by the Statute to be done;) impossible to be done throughout a whole Diocese by any one man or Bishop, in such manner as the Law enacts. So that necessarily either the Dioceses must be made less, or my Lords the Bishops (by Bishop-Suffragans) augmented in Number, or else Confirmation taken out of the Common-Prayer Book, or at least altered. 'Tis a Fable to say, That Atlas (alone) bore up the Heavenly Globe on his single Shoulders, 'tis a Burden too great for any individual mortal man; and so is the Office of a Diocesan-Bishop at this day, except his work be made less, or his Helps in Government more and greater. By Helps in Government, I do not mean Excommunicating Helps in Government, Lay-Chancellors, Doctors, Proctors, Registers, Vice-Registers, etc. But Saving Helps, and Confirming Helps, Chorepiscopi, Suffragan-Bishops; a word not (Nuisance, nor a) stranger to our English Language. But will that old Remedy of Suffragan-Bishops be ever listened unto? What Bishop alive will be guilty of so much— Self-denial, (as conscious of his own Inability, or rather Impossibility, for the discharge of so great a Cure and work) as to take in Partners and Comrades to so high a Chair, where (some think) there's room little enough in all Conscience for one Corpse. I confess it would show great Zeal in my Lords the Bishops, and Obedience to the celebrated Act of Vniformitn, if to show their Conformity thereunto, and their Love to Episcopal Confirmation, they should Surrogate many Suffragan Bishops, as Coadjutors in so blessed a work; and would chronicle them, and renown them to all Posterity, and entitule them to the great Honour of being Conformists in After-Ages. But some men do not love Honour so well, as to purchase it at so dear a Rate: For in all Conscience the Suffragan-Bishops that share in the Pains, might honestly put in their Spoons for a Meals-meat, and share in the Gains. For that very Trick therefore, I do not expect to live to see such a Primitive Face of the Church in this Iron Age, nor so much Tenderness and Conscientiousness in the discharge of Duty and Self-denial in any Bishop; but I wish I could see it. In the Interim, as I hap to meet with them, I will see if I can persuade them to't, because the Harvest is so great, and the Labourers too few, no wonder, so much good Corn is lost, (amongst the Nonconformists and Quakers) and shakes in the Field, for want of more hands to the work, the mighty work of Confirmation. Nothing can be more apposite and seasonable to conclude this Essay, (than His Most Gracious Majesty's Declaration (pag. 11.) published Anno Domini 1660.) to vindicate it from all appearance of Novelty; in these words: Because the Dioceses, especially some of them, are thought to be of too large Extent, We will appoint such a Number of Suffragan Bishops, in every. Diocese, as shall be sufficient for the due performance of their work. 3. No Bishop shall ordain or exercise any part of Jurisdiction which appertaineth to the Censures of the Church, without the advice and assistance of the Presbyters: And no Chancellors, Commissaries or Officials, as such, shall exercise any Act of Spiritual Jurisdiction, in these Cases, viz. Excommunication, Absolution, etc. As to Excommunication, Our Will and Pleasure is, That no Chancellor, Commissary or Official, Decree any Sentence of Excommunication or Absolution (Yet I myself was Absolved by Dr. Pinfold, and Dr. Stearnes, two Loy-Doctors, in the Delegates, no Presbyter being present; Quaere, Whether the Statute aforesaid, 25 H. 8.19. which alone constitutes the Delegates, gives such Delegates power to Excommunicate and Absolve? how come they by the Power of the Keys?) Nor shall the Archdeacon exercise any Jurisdiction without the Advice of Six Ministers of his Archdeaconry, whereof Three to be nominated by the Bishop, and Three by the Election of the Major part of the Presbyters within the Archdeaconry. 4. To the End the Dean and Chapters may the better be fitted to afford Counsel and Assistance to the Bishops both in Ordination, and other Offices mentioned before, etc. Moreover, an equal Number to those of the Chapter of the most learned, pious, and discreet Presbyters of the same Diocese, annually Chosen by the Major Vote of all the Presbyters of that Diocese present at the Election, shall be always advising and assisting together with those of the Chapter in all Ordinations, and every part of Jurisdiction which appertains to the Censure of the Church; and at all other solemn and important Actions, in the Exercise of the Ecclesiastical Jurisdiction, wherein any of the Ministry are concerned. — And Our Will is, That the great work of Ordination be constantly and solemnly performed by the Bishop, and his aforesaid Presbytery.— 5. We will take Care that Confirmation be rightly and solemnly performed, by the Information and with the Consent of the Minister of the place— who shall admit none to the Lord's Supper, till they have made a credible Profession of their Faith, and promised Obedience, etc. This was the Judgement of His Majesty, in that Declaration, (which see at large) to which the Parliament, that made the Act of Uniformity, gave so much Deference and Reverence, That they Publicly gave His Majesty Thanks for the same. And as to the matter in hand, concerning Confirmation, they Enacted it almost to a Tittle, which see in the Rubric, foregoing that Sacred Office: But who is Conformable thereunto, and who are the Nonconformists now? And who makes a pause in the work, till first be obtained the Information and Consent of the Minister of the place, without which (in the Judgement of His Gracious Majesty) Confirmation could not be rightly and solemnly performed? It has been proved, that if a Diocesan-Bishop had no other work, besides Confirmation only, it is impossible that all the Bishops in England should confirm those that want Confirmation in this one only Diocese of London, though they did nothing else, and left their own Sees vacant, if they observe the Rubric and Act of Uniformity, and not do it (as is too frequent) perfunctorily, and shamefully, but with such previous caution, scrutiny, examination and circumspection, and with Certificates thereof, and Godfathers and Godmothers, as the Common-Prayer-Book enjoins. Grant Confirmation to be a good and needful work, yet the Law enjoins Impossibilities, if no one man can possibly be sufficient for these things, though he shake off all worldly Affairs and Counsels. Again, If a Diocesan-Bishop had no other work but only to teach and exhort his Flock, (publicly, and from House to House, as Ignatius tells us, all Bishops did in his time, in the second Century, before ever any Diocesan-Bishops were heard of; for Bishops than were to inquire after every one by name, even Man-servants and Maidservants) even this necessary feeding-work of a good Shepherd would be fully employed in a single Parish: and in such a Parish as Saint Andrews-Holborn. London, there would be work enough for the Bishop and his Dean, though the Lecturer and Reader came in to help. For no Bishop in the Primitivetimes, nor till Pope Silvester I. had more than one Flock, one Altar, one Church, nor then neither, except only in Rome and Alexandria: Indeed, the Apostles that had the Gift of Tongues traveled all Nations, and were Itinerant Preachers for the most part, but I speak of settled, standing Officers of the Church, called Bishops, or, which is all one, (in Scripture-Language, as Dr. Hammond, Jo. Gerson, Grotius, and most learned men generally agree to be all one with) Presbyters; for a Sub-Presbyter (such as Parish-Priests are made in England) is not to be found in the Holy-Scripture of the New-Testament, nor the Prime-Primitive-times. How then? and when did Diocefan-Bishops come into the World? and wherefore? may some say. To which I will answer, but not before some body answer me this Question, How, when and wherefore, Hell and Devils came into the Word? for from the beginning Hell and Devils were not. Some say, it was Pride and Ambition that made Angels of Darkness of those that were first Angels of Light; Lucifer would be like his Maker, ambituis for Rule and Domineering, and, like God, to be Omnipresent and Ubiquitary: Therefore, Down Lucifer, Down to Hell, and be condemned (said the Almighty) to Everlasting Chains of Darkness to the Judgement of the Great Day. History (Ecclesiastical) tells us that the Chorepiscopi, or Country-Bishops, (just like the Rectors of the Parishes, saving the Name; nay, even the Name too of Prelates (and Hierarchici) was given to Parish-Presbyters, (though Parishes are no ancient Invention) Presbyteri qui prasunt Ecclesiis, etc. Concil. Aquisgr. and the Learned Filesacus, p. 576, 577. proves it abundantly, that Presbyters were called Prelates, as well as Bishops; Episcoporum instar suam habebant plebem regendam;) I say, the Chorepiscopi were dismissed of their Authority by the rich adjoining City-Bishopes,— ne vilescat nomen Episcopi— poor Country-Bishops, that have no Lordly Equipage, will make the name of Bishop cheap, and vile, and vulgar. Ay, Ay, so it will; What? Can a Lord-Bishop found like a Lordly Name, when poor fellows, such as St. Paul the Tentmaker, and St. Peter the Fisherman, and poor Country, Rural, Beggarly Bishops, pretend to the same Power and Authority in Name and Thing? Can the name of a Bishop found Lordly and Domineering over the roast of the Brethren of the Clergy, if it be common to every beggarly Minister of Christ, and Steward of the Mysteries? Therefore make Room, and enlarge the Boundaries, the Archbishopric of York was glad to swallow seven little Bishoprics at one gulp to make it swell but to the bigness it is now of, yet lopped and cropped. Can the Tithes of a single Parish maintaian six Lackqueys, six Grooms, and as many idle Gentlemen: or, (as the Dutch style them) idle men? Can lean Easter-Offerings buy a guilt Coach? Come— tell me that; Or can a single Acre of melancholy and solitary Glebeland make fat six Flanders-Jades, or Coach-Horses? No— you must say, No— why then read the Learned History of the Council of Trent, composed by Father Paulus, a Papist, but as great an Enemy of proud Prelacy, as any Protestant; he will tell you, in Page 330, 331, 332, 333. How Grandieur, Grandieur— And make Room there— Sirrah, for my Lord Bishop— (after the Emperors became Christian, crept gradually, and stole into the Church, unknown to the Primitive and New-Testament sanctity.) I own the Pope one touch more of my Pen, if it be but for bringing in, maintaining, abetting, and promoting Prelatical and Ecclesiastical Lordliness and Domineering, in spite of his (vaunted) Predecessor St. Peter, and in spite of our Blessed Saviour; 1 Pet. 5.3. Luke 22. to both which he vaunts himself to be the Vicar or Vicegerent. Luther's single Pen gave his Holiness such a crock or scratch; the wretch has looked ugly and deformed ever since, to all Christendom, that have but eyes of Reason or Religion, or any heart of a man in them, to see (with pity) the Butcheries of that cruel man of sin, surrounded and upheld by Curses, Excommunications, Absolutions, Inquisitions, Writs and Goals. St. Peter indeed was put into a Goal, but he got out without paying any Fee, and never helped any man to a Goal by cursing him, or helped the Gaoler to his Fees, much less, Gregory. Of old, the Heathens Persecuted the Christians, now Christians (in name, I mean) Persecute Christians more cruelly than those under Mahomet and the Great Turk. Oh the Impudence, as well as the Villainy and Bloody Hypocrisy of such Religion; 'twas this Blood-red Religion— that made the Indian Heaven to forswear, because he heard the Spaniards were there. Gore-blood Religion thus Confounds The Naked Truth with Blood and Wounds. Conniving at known Whores and Whoremasters, Atheists, Infidels, Debauchees, Drunkards, Cursers, Swearers and Blasphemers; I wonder who ever saw a Whore, or Whoremaster, called to Doctors-Commons, or other Court-Ecclesiastical, and do Penance in a Whitesheet, since the Restauration of his Gracious Majesty? I never did, they find fairer Quarter, Spiritual-Courts are no Bawdy-Courts, I would have you know. But does any man speak against their Fees? or bring down the Fee of a Marriage from 15 s. to poor 5 s. or dare speak against Illegal Ceremonies, bowing, and ducking, and cringing to the East, to the Altar, towards the lighted Candles?— Where is the Villain? stop his Mouth, Gag him, Pillory him, Crop him, Curse him, Excommunicate him, Gaol him; nay, Man-catch him, Indict him, Sue him, Vex him, Plague the Tom-Tell-Truth: nay, hang him, if possible. What should he do in a Church, where a Tory-Teague, newly Converted thereunto, Fait and Trot, Joy, shall have fairer Quarter? But is there any Christianity, Law, Equity, Reason or Conscience for such Methods? or to damn a man by Proxy or Deputy, Gaol a man by Proxy, feed the Flock by Proxy; well, let men do to themselves what they do to others, and feed themselves (too) only by Proxy and Deputy, and see if, in a little while, they do not look as lean and cadaverous, as the poor starved Flock that is fed by Proxy, and ruled by Proxy and Deputies, and under Officers, Chancellors, Officials, Surrogates, Registers and Apparitors. Shall Wolves in Sheeps-clothing (that have Nails, and Teeth, and Fangs) (behold the Print) govern the Sheep of Christ, (that neither knows them, nor are known by them) jealous and zealous far more for the breach of a Ceremony; Human Laws, their own profit and honour at ten thousand times more, than Adulterers, Blasphemers, etc. breaker of Laws Divine, and dishonourers of the Almighty God; oh the abominable Hypocrisy of such Religion! Wormsmeat (Acts 12.23.) shall know that God will not be mocked. The CONCLUSION. THus you see (my gentle Readers) what an Example the Ecclesiastical-men have made of me; in plaguing me in their Spiritual-Courts as you have heard, and at the Assizes and Ctown-Office (and in the name of our Good and Gracious King too) for Barratry, Barratry— And will not this be a terror to all Englishmen (for the future) for ever writing or speaking any more Naked-truths' against them, and their Extortions, and Illegal and unconscionable Fees in the Courts of Conscience, or Courts-Christian, in Probates of Wills, Letters of Administrations, Ordinations, Institutions, Inductions and Sequestrations; Licences, Indulgences and Dispensations; Absolutions, Suspensions and Excommunications; Synodals, Procurations and Visitations, etc. There were more old Naked-truths' to the same purpose made against them, for the like Crimes; namely, the said Statutes, as 31 Edw. 3.5.— 3 Hen. 5.1.— and 21 Hen. 8.5, etc. And why did they not fret and gnash their Teeth, (as well also) against those Naked-truths'? They durst not, but they dare and do (to this day) live in defiance of the said Naked-truths' and Statutes, (the more bold and overbold they, you'll say) but they cannot for fear of a Praemunire) call a Statute and Parliament-men to account before them, & coram nobis, as formerly into the Star-Chamber and High-Commission-Court; no, not now. Dat Deus immiti cornua curti bovi. Cursed Cows have short Horns, saith the Proverb. But foenum in cornu still: I had need be of them. For besides the said Promotion of the said Henry Bishop of London against me in the Arches, and Barratry in the Kings-Bench (in both which they have hitherto no cause to glory or rejoice, praised be Almighty God for his help and assistance.) There is (Still) another Vexation and Lawsuit brought against me, and in the Kings-Bench too, and at the Suit of the said Henry Bishop of London, upon the Statute— Scandalum Magnatum, 2 Rich. 2.5. Help me still (good God) when shall we have done? Burden upon Burden, Suit upon Suit, Vexation upon Vexations, Canons upon Canons, Burdens and Canons, enough (one would think) almost to sink a stout Frigate, or Bluffe Man of War. Indeed that Statute was made, when Popish Prelacy was in its Splendour and Meridian, (they even made what Laws they list) yet the House of Commons have attempted at it, more than once; and our blessed Saviour absolutely condemns all Clergy-Domineering one over another, that whatever the Princes of the Gentiles do, in exercising Lordship and Dominion over one another, yet his Clergy should not do so; 'tis a shame (especially) for Apostolical men, and such as pretend to be the Successors of the Apostles, that they should not be as ambitious also to succeed them in their Christian humility, and Brotherly kindness. And I have read somewhere, (I think in Cook's Institutes) That all Laws of men are ipso facto null and void, if contrary to the Laws of Christ. And this Scandal (forsooth) must be sworn too by the said little Vicar Harris, an incomparable person, that not being able to defeat me of my ancient Rights and Profits of my said Parish of St. Buttolph's in Colchester, (which have been enjoyed by me above 20 years, and by my Predecessors, Rectors of All-Saints, about Sixscore years before, even since the dissolution of Monasteries, yet) the said Henry Bishop of London granted the said Harris a Sequestration of them, but in vain; yet some hope 'tis not in vain to bring the said Action of Scandalum Magnatum against me, and the said Harris has sworn it already, and the said Bishop has declared against me accordingly, That I should say, the said Bishop was ignorant and impudent, and had a hand in the Plot (and that I thereby meant) that the said Bishop had a hand in the Popish Plot, or to that effect. I have heard that the said Bishop has (of all Bishops) been accounted (without reflection) the Protestant Bishop with an Emphasis. But that (ever) any Man should imagine that he was Popishly affected, much less, that ever he had a hand in the Popish Plot, (many People say also there is no such Plot) never, never sure yet came into any Man's Noddle (how extravagant soever) to conceive. And if I had happened to have such a senseless Thought, that I should be so Bedlam-mad, to make the said Harris my Privy-councillor, (that came to eat the Bread out of my mouth, and (I thank God) never frequented such men's Companies, much less Familiarity) is no more possible for any reasonable and unprejudiced Men to credit or believe, than that I should impart and communicate such fond Scandals to some Irish Tories. Man-catching will, in time, be out of Fashion surely; and I live in hopes, that Honesty and Christianity will never be so much decried in England, as it is, at this day in Italy, where, (when they would express Emphatically, that a Man is an Errant-Fool) they describe him with this opprobrious Paraphrase, saying— The Man is a Christian; meaning thereby, he is so much a Coxcomb, that he ought to be begged for a Fool. 'Tis a mighty pretty Age we live in, to be Recorded and Chronicled to Posterity; new and monstrous Diseases, require new and sharper Remedies. And I wish there were a Law, a severe Law made against Suborners and Man-catchers, that they might fall into the same Pit that they dig for others; or, as Perillis, might handsel their own Brazen-Bull; or, like Adonibezek, undergo the same Punishment cruelly invented for others; And that (like him) they might have cause to say, Judges 11.7. As I have done, (or endeavoured to do, for here (as in Treasons) we must take the Will for the Deed) so God hath requited me. — Nec Lex est Justior ulla Quam necis Artifices arte perire sua. 'Tis fit, Death's Engineers handsel and try Their own Inventions of Mortality. Or thus: 'Tis fit, Men witty to destroy, should try Their own Machine's of Death, and by them die. And then, from the least of us, even to the greatest of us, we might well tremble to do to others what we should be loath to be done to us, to the hazard or loss, not only of Life, Liberty, but Estate and Family, Honours and Inheritance, in urging, moving, stimulating, persuading and tempting with Money, Lands, Preferment, Preferment, (for there are two sorts of Preferment belike) and sometimes with Menaces and Threaten to enforce men to damn their own Souls, to murder the Innocent, by form of Law. Jezabel nicked it in Politics, when (by the plausible assistance of False Swearers and Man-catchers by her, and her Ministers suborned (thereunto) she made the Law, the righteous Law contribute and club to the knocking out Naboth's brains, in hopes and prospect of the pleasant Vineyard. Heaven be praised in England for a Prince made up of Mercy and Goodness, admitting no Impressions to gratify sinister Ends and Designs, or, Revenge, Revenge: Which to a polluted Palate and Gusto, (out of taste, and contaminated with malice and wickedness) relishes and smach's more sweet (as he said) than Muscadine and Eggs: Yet it leaves a cursed Farewell; Will it not be bitterness in the latter end? 'Tis an unhappy time, and miserable, when, in a Christian Realm, it happens to prove dangerous, or fatal to a man to speak Truth. Tacitus tells us, That it was the happiness of the glorious Reign of Nerva; that every man might think what he pleased, and speak what he thought: nor was it to be feared, that any man should speak against Nerva's Government, wherein no good man could possibly live uneasy. But now, since our late unhappy Confusions, it has been thought meet, and (without all Controversy) upon legal and substantial Reasons, to alter that old English Maxim— That words may make an Heretic, but not a Traitor; Who, if I might have my wish, should not live a moment. For Treason, as it is the blackest of Crimes on this side Hell, so it is attended (and most justly) with the most dismal punishments, and everlasting; reaching not only to the loss of the traitor's Life, Honour and Estate, but extending for ever to his Posterity. And therefore the Law of England (that is so tender of the Life of a Man, that a Butcher (used to Blood, though but of Bullocks and Beasts) is not permitted to be empaneled upon a Jury of Life and Death, as I have heard) is much more tender of the Life and Livelihood of a whole Family and Posterity. And therefore it does well, to require that such a Crime as Treason should be well proved by honest and legal men, such as fear God and an Oath, not such vile Shacks as will swear an hundred Oaths for Nothing, or a Whisker for Something. Nay, by the Civil Law, (which is the Municipal Law of most Nations in Christendom) a poor beggarly Rascal is not admitted to be a Witness in any case; Personae vili non facile creditur. For Poverty is a temptation to Perjury, with very very easy Subornation, and therefore Suborners do usually (as Jaundice-People do for Lice) search the, Gaols for such kind of , and for Men in Necessity. Wisely (for this cause) does Agur pray to God against Poverty, lest he should take the Name of God in vain; (that is) lest he should through Poverty be the more easily tempted to Perjury, or to forswear himself, Prov. 30.9. And God forbidden that Villainy should ever be more prosperous than Innocence; or that the Devil should Reign so powerfully in men's Hearts and Consciences, that Truth should not dare to walk Naked in Christendom; but be forced never to appear in Public, but (like a Champion in the Lists) armed Cap-a-pee for fear of the Enemy. God forbidden, That England should have the Plague again, and waste and consume with so mortal a Malady without a Remedy; or that the righteous Law, (the best Remedy) should so be abused, as to make the Remedy worse than the Disease, or exasperating the Humours confederate with the Disease. That Highpriest was a Devil Incarnate, that (under colour of his Sacred Robe and Function) poisoned his Adversary with the Consecrated Host or Sacrament, making the Bread of Life his Bane. And hard is the hap of those Patients, that are left to the sad choice, either to die by their Disease, or by the Remedy, the hand of the Physician;— hang such choice. Thus Statesmen that consider not the design of God, and the order of Nature, in such infinite variety of Faces, Features and Complexions, in desiance and despite thereof, will not follow those best and surest Guides, but by eccentric motions of their own, to make all men alike and uniform, (which is impossible) sometimes deform all things: The Church is not the less, but the more beautiful for its precious stones, although they be of different and divers colours; and this is promised, Isa. 54.11. Nor is it to be done, what some People contrive to make all men, or all Christians alike and uniform, except by putting out all men's Eyes, and cutting off their Noses; which is a bloody, bungling, ugly, monstrous, misshapen, unnatural massacring, horrid and cruel method, and yet then, even then, there will be some Nonconformity; Alas! alas! the old Garment of the Church was not of one colour, but wrought about with divers colours. St. Peter of one judgement, and St. Paul of another. The Samaritans would not receive Jesus Christ, whereupon James and John were clearly for an Inquisition, Fire (and Faggot) to consume them, Luke 9.54, 55, 56. But the Lord of life rebuked them, and told them, They knew not what manner of spirit they were of, for the Son of man came not to destroy men's Lives, but to save them. What's worse, then for Nursing Fathers to become Satur's, and devour their own Offspring? Let Magistrates rather imitate God, that sends his Rain upon the just and unjust; the Sun shines on Dunghills, as well as Gardens. Yet some Men are so hardened to Folly herein, that they will not be taught, no, not by their own Mistress, Experience, woeful Experience, the Mistress of Fools. Did not the Spaniard lose the United Provinces of Holland, etc. by forcing Men to Popish Uniformity with Fines, Jails, Confiscations, or the Inquisition? Eating up God's People, as they eat Bread; and making God's House (that should be an House of Prayer) a Den of Thiefs. And are not the said United Provinces by the contrary Arts and Politics (of Latitude and Comprehension) become the great Arcenal of Arts and Arms; and the great Mart, not only of Europe, but of the whole world? And the Blood and Ruin (that those Draco's Laws writ in blood by the High-Commission Court, Jails and Pillories caused in England) is too fresh in most men's memories to need repeating: Thus the Spaniard converts the Americans, forcing them to Heaven upon pain of death. Nor could all the Art of Man or Rome to this day find any medium, or middle way betwixt Freedom and Force; betwixt Liberty of Conscience, and an Inquisition in Spain: For Force is force, though severer in some places more than other; and is but the Inquisition in Characters, or Shorthand; they are of the same Nature, begot and made of the same Principles, and malus Cervus, malum Ouum; a good Bird cannot come of an ill Egg. But Solomon says, Bray a Fool in a Mortar, yet will not his Folly departed from him; as if he should say, Fools must be beaten to't (like the Wives of Moscovy) before they be good. Go, Wisemen go— go make the Stars of Heaven all alike, uniform, and of equal bigness, light and influence, with your Projects for Uniformity; or play the Tailors, and cut out a Coat of uniform shape daily, to fit the Moon from day to day. But let fierce and fiery Persecutors (of all that are not uniform like their Infallibilities) hug themselves, and hug one another, in the laudable employment of an Executioner, undaunted with the satal success of Nero's, Dioclesian's, Julian's the Apostates, and all such, in all Ages, none whereof (so sure is Divine Vengeance entailed upon them without so much as one Exception in the Horrid Rubric) ever escaped dismal Exit's; whilst every honest Man amongst us, will no more fear to act than to suffer, with a Courage that becomes a Christian, and an Englishman. Read a Prophecy of the nature and downfall of the High-Commission-Court, Inquisition or Persecution, in Luke 12.45, 46. Time was, when Athanasius himself was cried down for an Heretic: For Truth can subsist comfortably amongst Christians, in the absence and want of outward Peace. But neither outward nor inward Peace can subsist long amongst Christians in the absence and want of Truth. Of old, Englishmen could praise God, some secundum usum Sarum, some secundum usum Bangor, (as every one liked best) and not quarrel about the matter. The Cope then and Surplice (we see) should still, by the Act of Uniformity, be retained amongst us; but, only at the Celebration of the Holy Communion (in King Edw. VI time) commonly called the Mass, and are the very garments the Popish Priests wear at this day whilst they say Mass. But you do not hear me say, (as one rashly did) That the English shoved the Pope out of Doors so hastily, that he had not time to take his Garments with him. Nor yet with the Brainsick Bishop of London, bloody Bonner, jeering (when he heard that we had retained some of the Romish Ceremonies and Weeds) said; So, so, they have begun to taste of our Broth, and in time they'll eat of our Beef. (But 'tis so fat, larded and luscious, that he must have an Ostrich-stomack, a raving Boulimy, or the Canine-appetite and hungry Fever, than can swallow all that comes (as most people do) without chewing.) God bless us, from such London Bishops, for they have been ominous sometimes. Thus have I, at mine own peril, without faith or hope in any man's assistance (for there are few men of Truth, or friends to Truth, or true friends in this World of Flattery and Hypocrisy) but only by the assistance and infused courage from God alone, have I made this bold Adventure, to tell bold Truths; such as no man else either did, or durst, to charge all the cringing Clergy with Nonconformity, that use to be so washpish, stinging and stingy, against Non-Conformists. For now they'll be sensible that at the same time that they roar out anathemas against all Non-Conformists, and egg on every little Juryman and Churchwarden to Present them, they do with the same outstretched jaws and open mouth publish their own Doom, and Sentence themselves amongst the rest. And is it not just, that quarrelsome men that love to be dealing Blows amongst the quiet Neighbourhood, should meet with some rugged Counterbuffs, when the old man is too much provoked? We see 'tis some Privilege to sin in good Company, in the Company of Singing-boys, Singing-men, Bishops, Canons, prebend's, petty Canons, and Cathedral-men, especially when they are not only great, but cruel and sierce to mark what is done amiss; nay, and to strike too, if it were not for fear of hitting themselves. Gramercy Charity— or rather self-love: which last I usually looked upon as a Weed (and so it is) but I see it is good for something; nay, more medicinal, and has more virtue in it (we see) than some men's charities. Then, Charity, (Hussy!) stand off, keep your ' loof and your distance, all you could do for Dissenting-Judgments (hitherto) has come to nothing, what prevailing Rhetoric can there be in cold Charity, especially this Frosty Wether? And come hither my dear— my dear self-love— Gramercy self-love, for thy sake alone Non-Conformists shall be hereafter more connived, winked at, and embraced: The mercies of the wicked are cruelty, but the self-love of the wicked is their only charity, and the only remedy against their cruelty. Blessed be God (for I have found it true by frequent, repeated and multiplied experience) that the more opposition and rage I have been exposed to, by the malice and cruelty of wicked and revengeful men, the more extraordinary assistance I have had from God in some remarkable, unexpected and strange Providence. No man of my Quality having been more opposed, and no man of my Quality more Blest and Protected; depressa resurgo, says the Palmtree; more weight, more height; like Israel, the more they were afflicted, the more they grew. God give a blessing to my poor endeavours to do much good, if (at least) they have but so much virtue as Common Ink, to allay the spreading venom of such Ringworms, whose singers itch to be at it, in the Portugal, and Spanish-mode of Inquisition and Persecution; which has made a Desolation, Rebellion, Poverty, want of Trade, and Depopulation in those Countries, rather than any great Conversion (how Hypocritical soever) to the Roman Faith. But, ye fools, when will ye be wise, saith holy David, Psal. 94.8. as if he should say, Will you— ne'er be good? till you're beaten to't with your own rods? Go to— and let men of little and narrow Souls (uncapable of any love or regard to the public good, and their Country's welfare) smile at the Improvidence of such as (like Lamps and Torches) waste, scorch, and consume themselves to enlighten others. And if the Cathedral Highflyers, or any Bishops be offended that I have thus publicly rebuked before all their public transgressions, and defiance of the Act of Uniformity, in the said Illegal Rites and Ceremonies, they may (in part) thank the peevishness and frowardness of some that occasioned it; irritated perhaps thereunto by that old inveterate and everlasting piece of malice and hatred, S. J. S. who has always (though always, in conclusion, to his own shame and loss) endeavoured to set men upon me, by getting false Calumnies and Slanders invented in his hollow and cankered Breast, to which one-eared men giving credit, and therewith also prejudiced and prepossessed, and (knowing my Spirit and Temper, not over-patient to bear Affronts) he knew there would be (what he laboured for) a Quarrel: I know it is a Devilish thing, and the very daily work of the Devil, to devise wicked imaginations, and with a proud look, lying tongue; hands ready to shed innocent Blood, and feet that be swift in running to mischief, to be a false witness that speaketh lies, only to sow discord amongst Brethren: And are the six, or rather seven things that are abomination to the Almighty, Prov. 6.16, 17, 18, 19 Yet, he that created Light out of Darkness, and life preservation to Israel ought of the malice of Joseph's Brethren in selling him to the Gypsies, and unity and amity to his people by men's Differences and Dissensions, can (and I hope will) create beauty and order out of our Confusions, Chaos, Disorders and Discords, and out of the eater bring forth meat, and out of the strong sweetness, and Truth and Light from the Collisions, Interferings, and mutual strikings of the hardest and blackest Flints. Thus the contentions of Paul and Barnabas tended (by their Parting and Dissensions) to the more nimble Propagation of the Naked Truth. Therefore be not all of a flame, like that fiery-faced bloody Bishop Bonner, against all Dissenters and Non-conformists, Bandying and Echoing the word, Heretic, Heretic, at one another, and to and again. For the servant of the Lord should not strive, should not be a Jupiter Altitonans, a Boanerges, all for consuming and destroying with sire from Heaven, or Earth; (ye know not what manner of spirits ye are of.) A Bishop should not be a striker, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (that is) no Persecutor, no striking (at second hand) signifying and giving aim to the Magistrate, where, and whom, and when to strike, as well as no Gladiator, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not a litigious Informer former nor Promoter, but a stranger to Law-Suits and Contentions, (as Plaintiff especially) either through covetousness, in hopes thereby to enrich themselves by beggaring their Brethren, like the said old Bonner, that seemed to be in Fee with the Gaolers and the Hangman. But bid farewell to the plumed Troops and the big Wars, that make Revenge virtue; but in patience forbearance, temperance, and in meekness instructing those that oppose themselves, or are Non-Conformists; concluding (as I will) with wise Gamaliel, that even for your own sakes, ye ought to take heed to yourselves, what ye intent to do as touching these men, Act. 5.35, 38, 39, 40. And now I say unto you, Refrain from these men and let them alone; For if this counsel or work be of men, it will come to nought, But if it be of God, ye cannot overthrow it, lest haply ye be found even to fight against God. And to him they agreed. Discite Justinian moniti & non temnere Divos. Omnia cum liceant, non licet esse pium? Take warning, whilst you may, and dread Heaven's Rod: Do not, with Gyant-Force, brave the Great God. Shall be that checks sin have, for Tears, more Cause, Than those Suborning Pimps that break the Laws? In Dangers, Cowards; Bold at Heaven to strike: Are these true Englishmen? Tories more like. A True Table of all such FEES as are Due, or can be Claimed in any Bishops-Courts, in all Cases; As they were Given in to the Commissioners of His Majesty King Charles I. Nou. 1630. By the Commissaries, Registers, Proctors, etc. under their own Hands in the Star-Chamber. Necessary to be known by all Persons liable to be Concerned in the said Bishops-Courts. 'TIS no part of the Scope of the ensuing Table, to debate the Legality, Expediency, or Inconveniency of those Courts and Jurisdictions, commonly called Spiritual or Ecclesiastic, as they are now managed: Nor whether the Persons that hold them, and grant forth Citations in their own Names and Styles, and not in the KINGS, do not thereby Incur the Penalty of a Praemunure; But its Business is, to Present you with an Exact Copy of their FEES, as they were stated by themselves to certain Commissioners appointed by King Charles I. to Inspect them, Nou. 1630. which Table being long since stifled as much as in them lies, it is thought fit to Re-print the same from the Original first Printed Anno Dom. 1631. In Cases of Instance, that is, between Party and Party. To the Commissary. To the Register. To the Apparitor. - s. - d. - s. - d. - d. IMprimis, For Decreeing the Original Citation, and for Sealing of it 00 06 00 06 00 Item, For Decreeing the Original Citation in a Matrimonial Cause with an Inhibition, and for Sealing of it 01 00 01 00 00 Item, For the Decree of every Party principal 00 09 00 09 00 Item, For every Decree Vais & Modis 00 09 00 09 00 Item, Only at the Release. For every Excommunication or Suspension in Writing 00 09 00 09 04 Item, For every Absolution from an Excommunication or Suspension 00 09 00 09 04 Item, For Letters Testimonial to be made upon a Search, or any other 'Cause 06 08 06 08 00 Item, For the Oath of every Witness upon any matter 00 00 00 00 02 Item, For Examination of every First Witness upon any matter 00 09 00 08 00 Item, For Examination of every other Witness 00 4½ 00 4½ 00 Item, For the Examination of Witnesses upon Interrogatories 00 09 00 09 00 Item, For the Examination of every Party principal 00 09 00 09 00 Item, For the Oath of every Party principal 00 00 00 00 02 Item, For the Copy of every Witness upon any matter produced and examined 00 00 00 08 00 Item, For the Copy of the Parties principal Answer 00 00 01 00 00 Item, For every Commission for the Examination of a Party principal or Witnesses, or for the Prising of Goods of a Deceased, or to take the Oath of a Party upon an Inventory, or Accounts, or any other matter 05 00 05 00 00 Item, For the Constitution of a Proctor 00 00 00 04 00 Item, For Exhibition of every Proxy in Writing 00 00 00 02 00 Item, For every Act 00 00 00 04 00 Item, For every Act upon the opening or recovering of a Prohibition, Consultation, or any others of the King's Writs 15 00 15 00 00 Item, For a Delay. For every Definitive Sentence and Interlocutory Decree 05 00 05 00 12 Item, For every Significavit to the Chancery, for the Taking and Imprisoning of an Excommunicate Person in any Cause, as well of Instance as Office 05 00 05 00 00 Item, For every Significavit to the Chancery, for the Freedom and Enlargement of an Excommunicate Person in any Cause, as well Lastance as Office 05 00 05 00 00 Item, To see it Executed. For the Copy of every Order of Penance 06 00 06 00 12 Item, For Transmitting every Process, Judicis a quo ad Judicem ad quem, to the Register, according to the Taxation of the Judge ad quem, or according to Composition between the Register and the Party Appellant 00 00 13 00 00 Item, For the Seal of the Judge a quo, set to the Process Transmitted 06 08 00 00 00 Item, For all Letters of Guardianship under Seal 06 08 06 08 00 In causes of Office, that is, where the Court proceeds of its own Accord, and 'tis not between Party and Party. To the Commissary. To the Register. To the Apparitor. - s. - d. - s. - d. - d. IMprimis, For every Original Citation and Appearance of every Party 00 06 00 06 04 Item, For every Decree Viis & Modis 00 06 00 06 04 Item, For every Excommunication or Suspension under Seal 00 09 00 09 04 Item, For every Absolution from an Excommunication or Suspension 00 09 00 09 00 Item, For Letters Testimonial to be made upon any Cause, and for writing them, if the Cause require it 06 08 06 08 00 Item, For the Examination of every Party principal 00 09 00 09 00 Item, For the Copy of every Parties principal Answer 00 00 01 00 00 Item, For the Oath of every Party principal 00 00 00 00 02 Item, For drawing of Proxy for Appearance at all Visitations and Synods 00 00 02 06 00 Item, For the Exhibition and Consignation of every Proxy in writing at the Visitations and Synods only 00 00 00 04 00 Item, For warning of them. For Registering the Names of the Churchwardens and Sidemen of every Parish 00 00 00 04 04 Item, For every Certificate made to the Bishop by the Commissary, for the Commutation of any Penance 06 08 06 08 12 Item, When any Penance is Commuted by the Bishop, and the Commutation extended to the Commissary 10 00 10 00 00 Item, For the writing of any Bond taken for the judempnity of the Judge, or his Commissary, upon any Cause 00 00 01 00 00 Item, For every Act passed in Court 00 00 00 04 00 Item, For every Faculty that grants Licence, except for Teaching 05 00 05 00 00 Item, For Exhibiting every Bill of Presentments at the Visitation only 00 00 00 04 00 Item, For the Purgation of every Person to whom Purgation is assigned, and for his own hand 00 09 00 09 04 Item, For every Compurgator first sworn, and for his hand 00 09 00 09 02 Item, For every other Compurgator 00 06 00 06 02 Item, For every Intimation sent out for all those that will object against a Purgation of any Man and his Compurgators 01 03 01 03 04 Item, For a Dismission of every Man out of the Court for any Cause whatever 00 06 00 06 04 Item, For any Search made by the Register for any Act of Court, or any other Instrument, after a Cause is ended 00 00 01 00 00 Item, For every Sequestration of the Fruit of a Benefice, and Publication of the same under Seal 05 00 05 00 12 Item, For Letters Commendatory for a Curate going out of the Jurisdiction 03 04 03 04 00 Item, For every Caveat entered 00 00 01 00 00 Item, For the Copy of every Order of Penance 00 06 00 06 12 To see it Executed. Item, For Transmitting a Process, Judice a quo, to Register according to the Taxation of the Judge ad quem, if there be no Composition made betwixt the Register and Party Appellant 00 00 13 00 00 Item, For the Seal of the Judge to the same Process 06 08 00 00 00 Item, For the drawing of Articles against any Man Convented of Office, for lawful Proof made of the truth of them 01 08 01 08 00 Item, For every Act upon the withdrawing of a Caution out of the Registry 00 00 00 11 00 Item, For every Dispensation for Exhibiting of an Inventory into Court 06 08 06 08 00 Item, According to Statute. For an Administration of the Goods of a Deceased, not extending to the Sam of Five Pounds 00 00 00 06 04 Item, In defiance of the Statute. For the Administration of the Goods of a Deceased, amounting above the Value of Five Pounds, and under Forty 02 06 02 06 10 Item, In defiance of Statute. For the Administration of the Goods of a Deceased, amounting to Forty Pounds and upwards, let it be as many Thousands as it will, is 06 08 06 08 11 Item, According to Statute. For the Probat of a Will, where the Value doth not exceed the Sum of Five Pounds 00 00 00 06 04 Item, According to Statute. For the Probat of a Will, where the Goods exceed Five Pounds, and not above Forty Pounds 02 06 01 00 10 Item, According to Statute. For the Probat of a Will, where the Goods do exceed the Value of Forty Pounds and upwards, let it be as much as it will 02 06 02 06 10 For every Skin Item, In defiance of the Statute. For the Engrossing of every Will, according to the length thereof, not exceeding eight Skins, for every large Skin of Parchment 00 00 08 00 00 Item, In defiance of the Statute. For Engrossing every Inventory and Accounts, according to the length thereof, not exceeding Two shillings for every Press of Parchment 00 00 02 00 00 Item, In defiance of the Statute. For Exhibiting of every Inventory, and for subscribing of the same 00 06 00 06 00 Item, For the Copy of every Act extracted out of the Registry under the Register's hand 00 00 01 00 00 Item, For the Copy of every Inventory, Testament, Libel, Matter, Allegations, or Articles whatsoever, extracted out of the Register under the Register's hand 00 00 According to the length. 00 Item, For Letters of Request made to another Ordinary, to Cite one dwelling out of the Judge's Jurisdiction 01 08 01 08 00 Item, For every Renunciation of an Administration of the Goods of a Deccased, or an Executor of a Will Admitted and Enacted 00 06 00 06 00 Item, For every Decree made upon the distribution of Goods amongst the next of Kin, and for Registering the same 06 08 06 08 00 Item, The Fee of a Proctor every Court-day, in which he is Retained upon any Cause whatsoever, is 01 00 00 00 00 And no more; Therefore they Abuse you, when they take Ten Groats. ☞ And indeed there is scarce one of all these Particulars, but the Officers belonging to these Courts, do now Demand, Take and Extort most Unjustly Greater Fees than are here set down, which yet are all that themselves had the Confidence to ask or pretend due, in the Time of King Charles I. since which Time, they have not any Colour of Law, Reason or Authority, to have them increased. Therefore if any of them shall for the future Demand, or Take any Fees, Duties, or Sums of Money more or greater, than are here set down, let the Party grieved forthwith Indict them for Extortion; the only way to Curb the Avarice and Oppression of greedy devouring Locusts, who, like the Sons of the Horseleech, always Cry, Give! Give! till with tedious Vexations they undo those they can get into their Birdlime-Clutches. POSTSCRIPT. I'LL add but one Argument more, and 'tis the stenderest in all the Artillery of Logic, but for Home-thrusts, (like a Viper's tongue, 'tis slender indeed, but) most Mortal and Irresistible; 'tis called, Argumentum ad Huminem, like Rom. 2.22. Thou that sayest a man should not commit adultery, Dost thou commit adultery? so say I; Thou Adulterer! Art not thou a transgressor of the Law, and Acts for Uniformity? Is not Adultery against the Common-Prayer-Book? Is not an Illegal Ceremony-monger a Nonconformist? Is not an Adulterer a Nonconformist? Is not a Noddy, (I should say) Nodder to the Altar, to the East, a Nonconformist? Is he so? Why, then thou old formality! thou whip and spur! Will no pace serve thee but a Gallop and Tantivy, Foot and Horse, Companies and Troops, Trot and Gallop? On what Service? What Expedition? To root a Conventicle? Have a care man, and fly, fly, get out of harms way, for fear they face about and root thee for a Nonconformist, and take from thee (thy pride and joy of thy heart) thy 2, 3, 4, 5. Spiritual Promotions. Ha'? Non-Conformists? Is that the Word? one would think, thou shouldst (for thine own sake) hereafter be good to Non-Conformists, thou dull coiner and Forger of Ceremonies, (thy chief Religion) in desiance of the Holy Acts for Uniformity! You, that would have all Non-Conformists undone, Body, Soul and Estate, you that are all for Cursing and Imprisoning; all for filling Hell and the Gaol, come on, How do you like this deprivation for Nonconformity? How does this Stone-doublet fit you? you that breathe nothing but Gaols, Fines, Consiscations, Suspensions, Hell and Excommunications, and Writs in the Rear of it. Thou wicked and unjust Judge! dost thou Sentence, or Excommunicate some Non-Conformists, and not all Non-Conformists? and dost thou partially spare thine own Nodding, Superstitious, silly self? James 2.1. My Brethren, have not the faith of our Lord Jesus Christ, (nor the Laws of God and the King) the Lord of glory, with respect of persons. Either, all being guilty, let all suffer; (but where shall we get Executioners?) or else being guilty, (As in general Matiny) none suffer: Otherwise, James 2.3. Are ye not then partial in yourselves, and are become judges of evil thoughts? Then do not bespeak Grand-Jury-men, to make fish of one, and flesh of another; but either spare all Non-Conformists, or spare no Non-Conformists, small nor great, Layman nor Clergyman, Bishop nor Archbishop, Dean nor Chapter, Singing-men nor Singing-boys, Register nor Sumner; no, nor Justices, nor yourselves, Grand-Jury-men, spare all or spare none, from the greatest to the least; from the Bench to the Bar. Dost thou say no Non-Conformists aught to be sworn of a Jury? Ha'? let me hear this again, Is this Law? That no transgressors of the Law shall be either Judge or Juryman? turn thine eyes inward, look into thine own Breast, and then tell me, Is this Law? What? Shall no transgressor of a Statute be a Judge or a Juryman? not one Whoremaster, Drunkard, Extortioner, nor Blasphemer, Curser nor Swearer? Or, is the transgression of the Statutes for Uniformity the greatest transgression? There's no reason for that, but we'll admit it, rather than spoil good discourse: and then tell me, thou silly Superstitious deviser and observer of Illegal Ceremonies, thou Cloud that would overcast all Religion, Dost thou think to escape the Inquisition by the works of Darkness, Mists and Clouds of thine own making? Art not thou also a Nonconformist? The Millenaries have long expected Christ's Personal Reign upon Earth, when the Saints shall judge the World: but all in vain, for now one Nonconformist condemns another, a Non-Con— on the Bench, a Non-Con— at the Bar; pretty, I protest— Vice corrects Sin: Fait and Trot, and by St. Patrick, 'tis well a fine, Joy. If ever Popery come to be the State-Religion, as it was for hundreds of years, in England, than those that assert it for good Law, That no Nonconformist shall he a Juryman, has cut all our Throats, defeated all our Estates, Liberties and Properties, with that one Breath, Pestilential Breath? For where are our Lives, our Liberties, our Properties, our All by the Law, if it be Law, to have none but Conformists Jurymen if ever we live to see none but Papists— Conformists, which is not impossible? This it is to wyre-draw the Law only to serve a trick, or a turn, or a present occasion; this furnishes the Papists with a fine lash to slash us, and by Law too, our own Law. Judges and officers (saith God, Deut. 16.18, 19) shalt thou make thee in all thy gates, which the Lord thy God giveth thee, throughout thy Tribes, And they shall judge the people with just judgement: Thou shalt not wrest judgement, thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wife, and pervert the words of the righteous: (that is) such as would be wise and righteous, if it were not for the Gift or Reward. But, woe, woe, woe be to them, (saith the Prophet) that decree unrigteous decrees, Isa. 10.1, 2, 3. and that writ grievousness which they have prescribed; To turn aside the needy from judgement, and to take away the right from the poor of my people, that widows may be their prey, and that they may rob the fatherless. And what will ye do in the day of visitation, and in the desolation which shall come from far? to whom will ye flee for help? and where will ye leave your glory? Loath, very loath, will such men be, that such measure as they meet, it shall be measured unto them again: then will they curse the keeping of false weights, and false measures, one to buy by, and another to sell by, except they (indeed) intent to be Weathercocks, (that is) true Conformists (yet never true, nor stable, but only true) to every Wind that blows strongest. But this is the wisdom, the honesty, and the policy, mean while; men might blush, if they had any blush or grace in them; this is a kind of blind Devotion, or Implicit Faith. Thus have I known a willing Court, you're and ready at an Execution, right or wrong, upon a Bishop's significavit, send a man to Gaol, when the Bishop (to my knowledge) granted that significavit, (of one Excommunicate) and knew no more of the matter, or whether just, or the merit of the cause; (more than the Man in the Moon) but by Implicit Faith in the Register, or his Echo; I mean, Mr. Formality, called a Surrogate, or Official. Sinner, you ought to be Excommunicate, Suspended, (saith Register, or Vice-Register:) Excommunicetur, Suspendatur, quoth Eccho-Surrogate. Wonderful Ecclesiastical-Policy, and Kirk-Discipline! Is there any Wit or Grace, Law, Reason, Conscience or Equity in these Proceed? What? Curse men, Damn them, Gaol them, and all by Implicit Faith in a Silly, Covetous, Wretched, Extorting, Lack-Latin Register? Sir, How came you by the Keys of the Church? These Keys of the Kingdom of Heaven and Earth? These Keys that let in and out to Hell and the Gaol? Did you come honestly by them?— speak man— How came you, Sir, to say, First, Take him, Devil?— Secondly, and consequently— Take him Magistrate?— Thirdly and lastly, Take him Gaoler?— And in Gaol he must there lie and die without Bail or Mainprize, by 3 Edw. 1.15. How long? Until he first please, (that is, pay) this same extorting Register, till, 1. He be pleased, and as much he pleases, at the will of this Lord, (or, rather Tyrant of Souls and Purses.) 2. He must swear to obey the Ordinary, and (staremandatis Ecclesiae) commandments of Holy-Church. 3. He shall then be Absolved, and have a Certificavit thereof to the Bishop, who then (in course) grants a Signisicavit, and then by Writ to the Sheriff, the poor Excommunicate gets out of Hell, and the other Hell, the Gaol. So that the Register, the Vice-Register, with Formality-Eccho, have all the Keys at their Devotion; for what the Bishop does by Significavit of Excommunication or Absolution, delivering to and fro the Devil and the Gaol; and all that the King's-Courts consequently do thereupon, are all by blind Implicite-Faith in the Register and Echo, all, in course only. For these little Sell-souls do the feat, vulnus opemque tulit, the same hand again;— they Wounded you and they cure you; the Bishop's Significavit, and the Writ de Excommunicato capiendo, are but necessary Consequents, and things in Course. So, that I say again, it is safer, 1000 times safer to anger the Great Turk, or Great Mogul, than a sneaking, rascally, covetous, extorting Register, or Vice-Register, that buys, or hires the Sell-soul-place, (to my knowledge) and if he buys the Devil, he must fallen him. Thus, I think, we English men are at a fine pass, when our Souls, our Bodies, our Properties and Liberties lie at this lose lock, whilst a Register or Sumner keeps (really and truly) the Keys of all. To see an old Formality-Priest sit in the Court of Arches, behind Noon, as if (forsooth) they could do nothing without the Keys, (for fashion-sake) which Mr. Necessity-Priest has at his Girdle, hanging, and represents the Archbishop, (who is absent, about greater matters, than Markets of Souls) and looks just like the Divinity-man (amongst the Civil Lawyers in Trinity-Hall in Cambridg, called) Mr. Necessity, because he has no Law, but they are troubled with him, (poor man!) because they cannot pray without him. Quite contrary in Doctors-Commons, they must, they must upon necessity be troubled with this Hackney-Journey-man-Divinity-driver, because (the mischief is) the Doctors (good Souls, are willing enough but (alas!) they) cannot Curse and Deliver to the Devil without him, nor Absolve without him, although the Money for Absolution be not only agreed upon, but they have the Livery and Seizing thereof in their Pocket: Why? What must be done then? give the Word for Mr. Necessity, (the Arch-Bishops Representative, or (in inferior Coutts) the Bishop's Representative, or the Arch-Deacons Representative) Come hither— Mr. Necessity— nay, hold up your head, and look like a Man— sit down— put on your Hat— Mr. Necessity— you must Subscribe this Curse, or Anathema; yea, quoth Necessity, give me my Spectacles, and Pen and Ink. This fellow makes no more Bones of a Soul, than if it had not a Bone in it; nor knows wherefore it is delivered to Satan, or, more of the matter, or merit of the Cause, than the most Reverend Archbishop, Lord-Bishop, or Mr. Archdeacon; that are miles off, and absent, I'll depose for Mr. Necessity, he knows no Law, Civil-Law, nor Uncivil-Law; all he minds, or knows, or inquires, is only— where's my Gray-Groat for subscribing the Anathema, or Curse? Is it a good Groat? I take no Brumiughams', no Brumingham, I. Then if ever the Soul be Absolved, than Mr. Necessity has a Groat more for the Absolution-Oath; he cares not how many are delivered to Satan, so many Souls, so many Groats in his Pocket, ready Money: but, his virtue is, he Prays as hard for their Absolution, for every Soul Absolved is as good as a Groat in his Pocket. Mr. Necessity to Curse takes pains, But Registers and Doctors get the gains. Copyhold at the will of the Lord is the basest Tenure, but that is regulated and bounded by custom, and kept within the limits of reason: But, in this case, upon the good will, pleasure or desplensure of these Ecclesiastical-fellows, depends all we have, all our Liberties and Properties, of Noblemen, Gentlemen, Yeomen; all, all are held at the will of these Spiritual Lords, or rather Holy-Tyrants, I mean, Summers and Registers, and such bran, such Sell-souls; we none of us can be assured of any thing we have, if they be not curbed in their career, we cannot say our Souls are our own: Are we not at a fine pass? The thoughts hereof did so perplex the King and Parliament, saith the Lord Cook, (Inst. 1. Sect. 201.) that though in ancient time every Official or Commissary might testify Excommengement (that is, make a Signicavit of Excommanication) into the King's Court (Note by the way, that Spiritual-Courts were not esteemed the Kings-Courts, they must be the than Pope's Courts, or no bodies Courts, except they themselves be Sovereigns) and for mischief that ensued thereupon (Ay, Ay, that work was worthy a Parliament, if they knew but how to amend a retten Spiritual-Fabrick that has no foundation in the Word of God) it was ordained by Parliament (for Remedy, But was not the Romedy still the same with the Disease?) that none should certify Excommengement but the Bishop only— (there they hit it.) Did not body ever hear of a Gentleman (he shall be nameless for me) that would needs have a Hat buttoned up of the right side; but happening to put it on the wrong way, stamped and stared (like mad) at the Haberdasher, Sirrah, quoth he, did not I speak for a Hat that buttoned up on the right side yea? quoth the Haberdasher, but that will cost ten shillings more; cost what it will cost, quoth Gallant, (that had more Money than Wit) I'll have it: so he was glad to go home and bring him the same Hat again, and putting it on right, all parties were pleased. Or, him that bespoke a Picture of a Horse lying (tauveing) upon his Back, and the Painter brought it, and set it before him en passant; at which disappointment the Gallant raved, till going home (and for more Money) he brought him the same Picture turned topsy-turvy, and so the fool was pleased. Was fault found with the Significavits of Officials, Commissaries, etc. Oh, then let the Bishop (for the future) send them to the Kings-Courts. Ay, well, 'tis done; And what are you better? when Bishops signify, just as Officials certifies, Hixius— doxius,— Face about, as you were; now the Cap (I hope) is Buttoned upon the right side; Are you now pleased, Gentlemen? Surely you are well helped up now. When, God knows, the Bishop is not ubiquitary, Can he be here, and there, and ? he is but a man, What would you have? Can he signify of his own knowledge the merit of the Cause? Or, who ought, or ought not to be Excommunicate, when he judges, merely by hear-say, and 20 Miles of, and by Implicit Faith, in his Proxies, and of his own knowledge knows nothing whether he does well or ill, right or wrong, a mere Lottery for Souls? And if (as Cook, Inst. 1. Sect. 201.) a Certificate upon another Bishop's report is not sufficient: much more a Certificate upon a Register, Surrogate or Officials report is illegal and insufficient. An error in the first concoction (Physicians say) can never be amended in the second and third; so here if the Official miss the mark, the Bishop never mends it, but shoots at random, lets sly at all in Course, and after him; in Course too, the Writ follows in Course; Course-doing to be sure, though the Sell-souls think 'tis very sine. It makes them sine, that's certain, that's all the good is got by this great mischief to the King's Liege-people; this 'tis to be wiser than God, and to set up an Ecclesiastical Discipline unknown to Holy Scripture and the Primitive times. For what should a blind man do in the Gun-room? he may Fire a Canon, and kill a Friend as like as an Enemy: or, fight against God, with Gods own Sword, by Coring his Servants, this is to kick against the pricks; to bind and lose, before Christ has breathed on us, and given us the Gift of the Holy-Ghost, the Gist of Disourning of Spirits, or Spirit of Discerning: take the Sword out of the Madman's hand, or the Blindman's hand, he's more like to do mischief with it than good. Except it were lawful to have an Ecclesiastical Discipline, that (like an Essex● Jury) hang half, and save half; or, like drawing of Cuts for Souls, long Cut or short Cut; or, like David's Revenge upon Moab, making them all lie down in a Field, Men, Women and Children, then stretching a Line through the middle of them, on one side to put to death, and with one full Line to keep alive, 2 Sam. 8.2. A most nimble dispatch, and compendious way of Execution. There's some hopes yet for a true man to escape, by this Lottery, but we are worse; Is there any Whores, Whoremasters, Swearers, Blasphemers? etc. let them live and amend; what Ecclesiastical Discipline did ever correct a Debanchce? But is there ever a true man, or one that dares speak truth in a Province? Sumner— search him out, Cite him to Court— Come— hither— Sirrah— Villain, you Rogue? you speak truth in an Age of Sycophantry, Pimping and Pandering— make an example of him, Indict him, Sue him, Article against him, Swear against him, get Witnesses to swear that he spoke scandalous Words against the great Lord Bishop; Ha', Sirrah? Have we got you within the swing of a Statute of Scandalum Magnatum?— we'll swinge him with a Vengeance. Ay, Ay, it is even so, you are in the right on't, Who dare deny? you have got the whipping hand of him, be sure you keep it; it shall go hard else, if power can but be persuaded to make curtsy to Revenge. Yea, yea, Did you never see the Character of a keen overgrown Churchman, Drawn (by a Pen, not a Pencil) in all his Bloody and Bloaty Features? ' cwould make a man Spew to look at him in that trim, with his two Appendices, Hell and the Gaol, attending his Beck. In good time. I have it at their Service, so Drawn to the Life, that he that runs may read his Name in Characters, and digito monstrarier & dicier, hic est; I'll let you see your own Faces in my Mirror, the Successors of (the cruelty of) Bloody Bonner! Men born to ruin will never take warning, yet History will tell them, that a Bloody Joab never came to the Grave in Peace; and the Persecuters were choked with the Blood they spilt, or drowned in the tears of the Widows and Orphans that they made. For Heaven has ears, and there is a secret Nemesis, a Divine Vengeance that pursues him and finds him out, Lurk he behind what power he will, to hid his hated Head from God's Justice. Hodge, like a Horseleech, still for Blood doth thirst; By Blood the Villain lived, by Blood he burst. Come, strike then, and feel how hard it is to kick against the pricks, you'll find, that striking the Naked Truth is striking a naked Weapon with a naked Hand, the harder you strike, the deeper you are gashed; try as soon, and as often as you will. Iniquity and Cruelty will in time meet with its match, in this World; at least, truth shall Conquer, (as Christianity got ground) in the World by suffering, when the Blood of the Martyrs were the seed of the Church. Therefore let false men strike and spare not; show as much Plodding-Policy, (after Revenge) Craft and Cruelty, as the Devil can teach them, when they lay their Heads together, yet, with all this Aid, 'tis impossible to prevail against God and his Truth. Did you never see a Greyhound stare when he had lost a Hare in an unhappy Bush, that stood by the way, just when he was, at the very clique, and gaping, to mouth her? even so, have I seen a cunning Politician stare, as if out of his Wits, or, at least at his Wit's end, when some sudden cross Providence (by him called strange acciden) has given his Devilship the go-by: then, then, to see him stare and stamp, fret and curse, rave and roar (like a Lion in a Graté) that would be mouthing, but for the Barriers. Go, then, you subtle Persecutors! fret, and be moult in your own fat, and live (like the Green-land Bears in Winter) upon your own Grease, as long as it lasts, whilst, Truth, like Muscovy-Wives, and th' Walnut-Tree, The more they are beaten (still) the better they be. Well, this I'll say for the Pope, and a sig for him, (but we ought to give the Devil his due, much more the Archbishop of all Bishops) the Pope, I say, give him his due, builds the Fabric of his Ecclesiastical Policy rationally, if his Foundation were true: But Protestants do not, that confess themselves and their Churches fallible and frail, as does the Church of England in her 19th Article of the 39 For what nonsense is it for any Man or Church to Curse and Damn a Man for a Heretic, when we confess ourselves that we are fallible, and consequently may err in our Judgement of the Man or his Faith? Shall blind men shoot a Crow? I hate this Hitty-missy. Whereas the Pope, grant him this Theorem, (that he and his Church is infallible) is in the right on't, let him Curse who he will, and from Morning to Night, for ever and aye; for, if he be infallible, he only can draw this Sword of the Lord (Excommunication) and yet be secure that he fights not against God, which Protestants (that confess they may err even in matters of faith) can never be sure of. Till the Church then can get eyes to see and discern right from wrong infallibly, and a Sinner from a Saint, and a Believer from an Infidel, and Truth from Falsehood (indisputably and not fallibly and uncertainly) let them down on their knees and pray for the Conversion of one whom they judge an Infidel, and then leave him, to his Maker, to stand and fall, and pray to God to tie up their hands to the good Behaviour, to Charity, Meekness and Humility (wherein they can never err) which would well become them, better than all this Ecclesiastical-Artillery, (which has ruined Christendom) and rather let them break, than uphold this Money-Trade, and Merchandise of Souls, especially in this her weak and Militant State. How have the Churches, the Councils, the Fathers, the Canons Clashed and Thwarted, Cursed and Condemned one another to the Pit of Hell? it would make a man's heart ache to read Ecclesiastical Histories; and to hear the pious Bishops complain that they never knew any good come of any Convocation of Bishops, Councils, nor Synod-men: and one Guelt himself, to make himself Canonically uncapable of Lawn-Sleeves. How did the whole Christian World (who were all Arrians, and denied the Divinity of our Blessed Saviour) Curse that poor single Nonconformist Athanasius, (Nick-naming him) Sathanasius? Banished him, and Suborned false Witnesses against him, and tried him for his Life for Murder? whilst on the contrary, our Church of England declares that no man can be saved that does not believe all the Creed of Athanasius; and the Comment (in words of his own, not in Scripture-words) of the Holy and Sacred Trinity, made by him. Though a man does believe the Holy Trinity declared in Scripture, yet, if he will be saved, he must believe all the Athanasian-Creed. I do not know any man that does not believe it. But, all the Common-Prayer-Books in the World, and all the Acts for Uniformity, nor all the Kings and Parliaments in the World, can never make any thing true that is really false; nor make any thing false, which the Holy Scriptures plainly says to be true. As, for example, suppose there be some mistakes in the Common-Prayer-Book, by self Printing, or, in the Table to find Easter for ever, yet it is Statute-Law. But that cannot make a thing true, which is Mathematically false; nor can any Statute make a Child of God a Child of the Devil, though Anathematised for a Heretic. And how good Bishops have bewailed the Diocesan-frame in our days, see pious Bishop Hall's Confession of the Corruptions in Church-governors and Goternment (I am not singular) in his Modest Osser and Peacemaker: See the Incomparably Learned Bishop usher's Model: See Mr. Alesbury's Confession, especially, p. 21, 24, 28, 104, 169. See Mr. Baxter of Episcopacy, or (in short) the Postscript thereof. See Dr. Stillingsleet's Irenicon, (how does self-interest hoodwink the wise?) writ before he became a Dignitary-Ecclesiastical. Or, see Bishop Ganden's Hiera Epist. particularly, p. 263, and 287. with which I'll conclude— I neither approve or excuse the Personal faults of any particular Bishops, as to their exercise of their Power and Authority; which ought not in weighty matters to be managed without the Preseuce, Counsel, and Suffrages of the Presbyters, such as are sit for that Assistance. The want of this St. Ambrese, St. Hierome, and all sober men (mark that) justly reprove, as unsafe for the Bishops, and Presbyters, and the whole Church. Now I have done, at the long run, with my Naked Truth, exposed to the World, without Power, without Friends, without Worldly Interest to support it. It is usually thus, those that worst may, are often put to hold the Candle to their betters; yet, like Link-boys, many times get not of the Gallants, but a kick for their pains. But, I'll shift the better, having a King to Friend, a Glorious King (to Patronise me, and vouch against all Bloody Religions) Charles I. Eik. Basil. Advice to his Son, our Gracious Sovereign, Charles II. (in these words.) In point of true conscientious tenderness, I have often declared how little I desired my Laws and Sceptre should entrench on God's Sovereignty, who is the only King of Consciences. ‛ My Counsel and Charge to you, is, that you seriously consider the former real or objected miscarriages, which might occasion my Troubles, that you might avoid them. Will nothing but Sanguinary Counsels (yet) please? Are we no further (yet) from Rome? Not yet? Dost thou not feel me, Rome? Not yet? Is Night So heavy on thee, or, my weight so light? (May Church of England say,) Have we so long Been quitting Rome, yet not quite from among? Christ and his Church by Blood are glorious grown, But not by others Blood, but by their own: Whilst Antichrist and's Church are Monstrous grown By shedding others Blood, but not their own. Bless us! the Monster Yawns and Glares! (done't start,) In nomine Domini; stand, speak, say— What art? A Bishop? sayest? the Devil thou art, more like, Or, Munster's Bishop, made to hue and strike: Black mouth to damn, and Bloody Arms to fight; When Hand-cuffed, good; we'll do the Devil right;) Of Flaming-Comet (long since) have you heard, With hung down to Earth, and grisly Beard? I'm skilled i'th' Language of the Stars, and know That horrid Meteor, what it meant; 'twas thou: Thou Bonner! (London's Bishop! seemed to be Armed, (with this Hellish Blackguard) Cap-a-pee. Ordained (it seems) and good for naught, but harms; Like the French Bishop Odo, clad in Arms: That Coat of Mail ill suits that Coat so Gay, Filii tui Haeccine Tunica? Satan (once) came, like a Py'd-Piper, now This was a Fiend in Jest, in Earnest Thou: By the Black-Regiment Martyrs chose to die, That Naked Truth might live; and so will I. After the French Religion must we Dance, Now, Persecution's A lafoy mode de France? Or, shall the French find fairer Quarter here, Than we to one another make appear? A Bishop? sayest? Thou liest: Him, Cornet, call Of the Black Regiment that Gaols us all. FINIS. ERRATA. THE Introduction, Page 4. Line 30. for every word in that weeks, Read, most words in the two Weeks. p. 42. l. 14. for efflagitantes & sollicitescit, read efflagitates and solicits it. with several other escapes (by reason of the Author's absence from the Press) but not many.