The late Famous TRIAL OF Mr. Hickeringill, Rector of the Rectory of All-Saints in Colchester; and Author of The Naked-Truth, The Second Part. With an INFORMATION exhibited against him for BARRATRY, In XXIV Articles; To make good the CHARGE against him at the Suit of the King, (as in course, but really) Prosecuted by one Maltcher, and one Morris, a Proctor in the Spiritual Courts. At the Assizes in Nisi Prius held at Chelmsford, March 3. 1680. before Mr. Baron Weston: Where and when, he was accused (amongst other things) for writing the said Book, called The Naked-Truth, The Second Part. Obsequium Amicos, veritas odium. Published impartially by an Earwitness, to quash false Reports. LONDON, Printed for Fr. Smith, at the Elephant and Castle in Cornhill, near the Royal Exchange. 1681. THE EPISTLE TO THE READERS. MAny have been the Sham-Plots (of late) to conceal the True One; a subtle Age (no doubt) we live in, Plot upon Plot. Amongst other Contrivances, certainly this of casting Dirt and endeavouring to blemish Mr. Hickeringil's Reputation by a grand Conspiracy against him (and that by no small Fools neither;) to convict him for a Common-barrator, and consequently a whisking Fine (ad libitum Judicium) to ruin him; is none of the least, nor least worthy the Publishing, for the benefit of every true Freeborn English-Man. Many have set the Fine before hand, some voted to fine him one thousand pounds, some two thousand, some four thousand pounds, nay, some (went further) prognosticated that it would cost him all his Temporal Estate. But neither would this content some of them, but his Benefice must be forfeited into the Bargain, (so true is that in the Naked Truth,)— The Mercies of the Wicked are cruel. And truly considering the very many pretty Intrigues, the crafty Quirks in Law and Jingoes (hereafter discovered in this Trial) and the methods of proceeding against him, you may perhaps find as much Pleasure and Diversion, as Profit in this Publication. For the Defendants Adversaries were Great and Mighty, the Conspiracy strong, the time of his Trial well fitted, in the Interval of Parliament, before a Judge Impeached, or ready for Impeachment by the last most Honourable House of Commons, Mr. Baron Weston, that has mightily improved and 'mended the Matter (and perhaps his Market) by the last Charge he gave at this Assizes to the Grand Jury of Essex in the Face of the Country, (a Man well known, and in good time may be better known) The King's Learned Counsel (Sir George Jeffreys and Sir Francis Withins) with four or five more of the choice Counsel at the Bar, all well-feeed (no small Temptation to an Hackney Tongue) and well instructed with Breviates (or rather Volumes) of many Sheets of Paper, Witnesses at Will, fifty for a need (though they were ashamed to call above a dozen of the whole Grew) never so sit a Juncture (said the Conspirators) to shame and defeat the Author of the Naked Truth; and the best (if not the only) way to answer his Book, is to get Power and Authority on our sides, all things conspire and jump to work his downfall; na● Flectere si nequeunt superos, Acheronta movebunt. Some there were so magically zealous, as to consult the Delphine Oracles, (I mean) the Wisemen, Magicians, and Astrologers about the happy Event of this so much noised Trial. And one G— erecting a Scheme (in answer to an Horary Question to that Purpose) found the Face of the Heavens to their Wish (or at least he made the Fools believe so.) For the Question being put— Whether the Rumours and Reports against the Defendant Mr. Hickeringill, were true or false? The Lord of the Ascendant (which signifies the Querent) and also the Ascendant, together with the Moon, and the Dispositor of the Moon, were in an Angle, and the Succedent House in a Fixed Sign, and in good Aspect with the Fortunes Jupiter, Sol, and Venus, which signifies that the Reports and Rumours were many and great, and also very true, and would prove so upon Trial. Besides, The Angles of the Figure were Fixed Signs, and the Moon and Mercury in Fixed Signs, separating from the Infortune's Saturn and Mars, and applying to good Fortunes posited in the Angels of the Figure. Nay, All the Planets (from Top to Toe) from surly Grim-faced Saturn, to the Fickle Moon, looked asquint, upon the Defendant, and his Significator. Only Mercury was Retrograde, which portended that the nimblest Wits would be fooled and baffled, and lose Ground and Credit in the World from that time following, and (like a Crab) go backward ever after. Besides Mercury was otherwise afflicted, which put my Man of Magic into a Dumps, and made him knit his Brows, and scratch his Loggerhead; But he was almost out of his (little) Wits, when he fatally cast his Eye again upon the Horiscope, and found Jupiter there (the Significator of the Defendant) And Luna also was at that time unfortunate, which portended that Rumours and Reports (how loud and many soever) either in City or Country against the Defendant would speedily vanish and come to nothing, and that his Fame, like the Sun recovering from a Cloud, would but thereby shine the more illustrious. Nay, Luna too was void of Course and in Opposition of Mercury, and neither of them cast either Sextile or Trine to the Ascendent; which put the Wiseman to a notable Plunge, he was in a Quandary, and knew not well what to think on't. However, in good earnest, false Rumours, Reports, and slanderous Aspersions, are certainly not only the most common, but the most effectual Engine that the Devil or Devilish Men can make use off to batter any honest Man, or Man of Honour: for though such an one acquit himself never so well, yet Hell has also broached a Proverb, that shall always fix a little upon him, namely— There is never any Smoke, but there is some Fire. As if Slander could not invent a Lie, a groundless Lie; Slander! I had almost said— Almighty Slander, that seems to be able to baffle almost the Principles of Divinity and Philosophy. Philosophy says— ex nihilo nihil fit, of nothing can come nothing. 'Tis false, Slander can produce something out of nothing, as you may see in this ensuing Trial; of all the many and loud Clamours wherewith Malice and Slander charged Mr. Hickeringill, there was nothing, just nothing proved against him. Divinity says, That God (alone) can create something of nothing, but here and often we find that Slander can create something out of nothing; such a something, that there were very few but gave up Mr. Hickeringhill for a gone-Man, dead, dead, or as bad; to be buried alive in perpetual Imprisonment. O most Mighty and Potent Slander! King David could not tell how to resist it, It nonplussed him— What shall be given thee, and what shall be done unto thee? O thou false Tongue! and the Wisdom of Solomon could not tell who was able enough to stand against Envy. The King's-Guards cannot keep Slander out of the Court, she dares strike Princes upon the Throne, and the Reverend Judges upon the Bench; and though her Neck be sometimes broke, yet she's an Hydra and revives. The following Verdict for Mr. Hickeringhill has broke her Neck, and made an end of all those slanderous Clamours, which to give colour unto, the Conspirators against him have raked into all the Actions of his Life, for fifteen years' last passed, wherein he had any considerable dealings with any Man. And as the Waters of a City (clean and unclean) disgorge and disembogue themselves into the great Sink, and Common-Shore; And as all the little Diseases, nay, all the Humours of the Body, good and bad, in time of the Plague, turn to the Pestilence: So all the late Actions that Mr. Hickeringill has done, or Books that he has writ (except Curse ye Meroz) you will find here jumbled together (by the malignity and pestilential Malice of his Adversaries) to make up this filthy and plaguy Crime of Barratry. A Crime that not one of a Thousand knows what it is, but it will serve, and has served to make an ugly noise withal— Barratry, Barratry. If one Man call another Whoremaster, or a Woman a Whore, and if he was neither Bolster nor Pillow, and cannot prove it, this is Barratry. If a Man writes a Book, or tells false News, to the prejudice or hurt of any of the King's Subjects, this is Barratry; and in a thousand Particulars more (so that they be frequently done, for twice or thrice will not do the Feat) Men may be indicted for Barratry; or else, if his Adversaries (like the Defendants Adversaries) be Purse-proud and mighty, and dare venture the hazard of being overthrown; (for it will ruin the Informer if the Defendant be acquit; and the Pit that he digged for another, he must fall into himself,) then an Information in the Crown-Office is the Mode, like this which follows. An Impartial NARRATIVE OF THE Most Remarkable Passages in the Trial of Mr. Hickeringill, for Barratry, March the 3d, 1680. At the Assizes of Nisi Prius, held at Chelmnsford for the County of Essex, before Mr. Baron Weston. GReat was the Expectation, great the Concurrence, great the Hopes, the Noise, and the Confluence, at this so-much-talk'd-of Trial: The Illustrious Duke of Albemarle upon the Bench by the Judge, (whether by accident, or on set purpose, is not enquirable at present.) Old chattering there was by all the Vermin; old clapping of Wings and hooting, at this merry Day, a Day that promised a wonderful Conquest. What, (said some) shall this daring Man, this Common Barreter, ever hereafter find any more faults in Ecclesiastical-Courts, in Bishops, Arch-Bishops, and Arch-Deacons? In Proctors, Summoners, and Registers? In Advocates, Doctors, and Apparitors? and such harmless Men? Shall we lose our Moneys for Commutations of Penance and Excommunications, Sentences, Decrees, and Absolutions; Citations, Libels, and Visitations; synodals, Sequestrations, and Produrations? And yet shall he, that wicked He (that has done our Business) escape, or imagine to escape Scot-free? No, no, his Business shall now be done, and we'll answer the Naked Truth with a Vengeance: Listen to the Charge or Information of Barratry. The Heads of the Charge against Edmond Hickeringill, Clerk, for Barratry, exhibited by Samuel Astry, Feb. 14. 1680. IMprimis, For purchasing Lands and Tenements of one Westenraw in Bradfield and Wix in Essex; the said Defendant▪ Hickeringill, knowing that divers Sults and Pleas were then depending for the same, and Westenraw being out of Possession; and for maintaining divers Suits about the said Lands. 2. For purchasing divers Lands and Tenements of one Elizabeth Blois and others in Thorp & Kirby, or one of them in Essex, the said Defendant Hickeringill, knowing the said Elizabeth being then out of Possession; and for managing Suits about the same. 3. For purchasing divers Lands and Tenements in Thorp and Kirby, and Much Clacton, or one of them, of Ford and his Wife, and Blois and his Wife, being out of possession, the said Defendant then knowing that divers Suits and Pleas were then depending for the same, and maintaining Suits about the same. 4. For stirring up and maintaining divers Suits against one Petfield, Hill, Everet, and Freeman, all of the Town of Colchester, with an intent only to extort Money from the said Parties; and to ruin them, and to put them to trouble and charges, and giving a Bill of Charges under his own Hand, and demanding five pounds for Charges, when there was not ten shillings due. 5. For publishing scandalous Libels against Sir John Shaw, Thomas Talcot Esq William Moor Esq Jonathan Merry Gent. and others, being then Magistrates in Colchester. 6. For extorting by Threats of Suits at Law, without any just Cause, great sums of Money, and Bonds, and other Writings, for payment of Money from Tho. Shortland and others. 7. For concealing the last Will and Testament of— Andrews, delivered to him, being a Surrogate, made to prove the same; which occasioned divers Suits to be brought about the said Will, which Suits the Defendant maintained. 8. For bringing vexatious Suits, without any probable Cause, in his own Name, against one Killingworth, letting them, fall only to vex and trouble the said Killingworth, and to put him to Charges, he himself being protected. 9 For maintaining divers Suits in another's Name, against one Saddler, his Servants, Agents, and Tenants. 10. For stirring up and procuring divers Actions of Ejectment, to be brought against one Wheely of Colchester, on the Demise of Mary Living, and soliciting the said Causes, and maintaining the said Suits at his own Cost and Charges; the said Defendant then knowing that the Lessor of the Plaintiff had no Title to the Premises, and that several Verdicts had passed before the Commencement of the said Actions for the Defendants Title. 11. For the purchasing Lands and Tenements of one Rolph, who was then out of Possession; and divers Suits and Pleas were then depending for the same, and maintaining divers Suits about the same. 12. That the Defendant being Surrogate, did grant Administration of the Goods of one Shortland, to one Shortland the Defendant; then knowing that the said Shortland had made a Will; but before he would grant the said Administration, he forced and compelled the said Shortland, to give a Bond to one Sewell, to the use of himself the Defendant, for payment of a great sum of Money, and did promise to maintain any Suit that should be brought against the said Shortland, by reason of his being Administration. 13. For bringing and maintaining several Suits in the Exchequer against Luke Benny, Robert Car, and others, for Tithes, within the Parish of St. Peter in Colchester, without reasonable and probable Cause, with a Design to oppress the said Parties, and unjustly to extort sums of Money from them where none was due; and by false Suggestions, extorting sums of Money from others, John Beacon, Mr. Langley, and others upon pretence of Tithes due to him, whereas none was; and the said Persons were after compelled to give satisfaction to Mr. Thomson Vicar of the said Parish of St. Peter, to whom the same were due. 14. That the Defendant being Surrogate, did refuse to grant Administration of the Goods of one Peter Fromanteel, to his Brother John Fromanteel, although the said John did tender sufficient Securities, according to the late Act for the due execution thereof; but did grant Administration to one John Rayner, and did encourage the said John Rayner to break open the House of the said John Fromanteel; and incited and procured the said John Rayner, to bring Actions against the said John Fromanteel, and maintaining the same; by reason whereof, the said John Fromanteel was forced to desist prosecuting in his just Title any farther for obtaining the said Administration, by reason of the great Charge. 15. For stirring up divers Freemen of Colchester, to remove Sir John Shaw out of the Office of Recordership, without any just cause, in making and causing Tumults and great Hubbubs in Colchester upon that account. 16. For procuring of Mrs Quilter, falsely to deny upon her Oath the Receipt of three pounds for Gravel. 17. For causing the Wife of Mr. Sidey to be arrested, being a Feme-Covert, at the Suit of his Son an Infant, and detained her in Custody, for four days, although he knew she was a Feme-Cov●rt and her Husband living, and although she proffered an appearance for herself he the said Hickeringill having promised to save the Bailiff harmless, for so doing, the Bailiff being after arrested for detaining her, and coming to Hickeringill he refused to save him harmless, according as he had promised, but bid him take his course, for he was protected by three Lords. 18. For bringing a vexations Action against Mr. Thompson Clerk, upon the Statute of Nonresidence, without any just Cause, in which Action he became nonsuit, or found for the Defendant. 19 For the procuring a Person to personate the Churchwarden in the Parish of Wix in the County of Essex, and to join with him in the sale of the Bells belonging to the said Church. 20. For threatening to ruin by suit of Law, several Inhabitants of the Parish of Wix, if they offered to set out their Tithes in kind, and would not compound with him according to his own Rates, thereby extorting great sums of Money from them. 21. For taking upon him to give Counsel and Advice to People in Matters of Law, and for taking of Fees, as Tho. Shortland, Daniel Howler, and Widow Lamb, and other People, on purpose to stir up contentious Suits; and in order to carry on his Designs, he hath told People, he was a Barrister at Law standing in Gray's-inns, and could give as good Advice as any Counsel. 22. For writing two Scandalous and Seditious Books, entitled, the Naked Truth, and Gregory Graybeard, the Contents of which said Books are on purpose to stir up, and animate his Majesty's Liege People to slight the Bishops, and contemn the Government, and cause Strife, Contention and Sedition. 23. That he knowing that Mr. Harris was Vicar of Fingrin●● in Essex, and rightly entitled to the small Tithes, and being also duly made Sequestrator of the profits to the Churches of St. leonard's, and St. Buttolph's in Colchester; Nevertheless he the said Hickeringill, hath stirred up and forewarned several of the Parishioners of the said Parishes not to pay any of the Deuce to the said Harris, on purpose to stir up contentious Suits, between the said Harris and his Parishioners; and further, promised the present Tenant in the Parsonage-House of the Parish of St. leonard's to save him harmless, if he would not deliver the Possession to the said Harris, although the said Hickeringill hath no manner of Title or pretence of Title to the same. 24. For vexatiously bringing and maintaining several Actions at Law, against John Bridg, and one James Sidey, about certain Lands in Dedham in Essex. Issue— Not Guilty. On Thursday the 3d of March, 1680. in the Afternoon, about two of the Clock the Trial began, and continued till after Candle-Lighting. THe Jury returned was a very Honourable One, the like seldom or never seen on such an occasion, which was the greatest Honour and Favour, if not, the only one, in the whole Trial and Proceeding, granted to the Defendant. Juries are the great Birth right (and one of the greatest Privileges, except a Parliament) belonging to an Englishman; what would become of us, our Lives, our Liberties, our Properties, our Honour, our Reputations, or Livelihoods, and Estates, if Rage and Malice, Passion and Prejudice (when got into Power and upon the Bench) might have its Will and bear an Arbitrary Sway? Happy English-Men! If they will stick to their Liberties, and stand up for their Native-Rights, that cost our forefather's so much Blood to defend, and transmit to us their Posterity. And unhappy Sycophants and Slaves (Wretches not worth a Name) that would be Instrumental to defeat us (and make a mock) of our Birthrights. But the Truth is, the Defendant was allowed the Benefit of Magna Charta; he had not his Cause tried by ordinary and common Jurymen, but (as the Law requires) by lawful Judgement of his Peers. The Names of the Juror's returned, as follows. Essex Com. Inter Dominum Rege● & Edmundum Hickeringill Clericum. 1. Richardus Everard de Waltham magnâ Miles & Baronet. 2. More●● Guyon de Cogg●shall magnâ Miles. 3. Cuthbertus Martin de Nettelswell Armiger. 4. Richardus Godbold de Borcham Ar. 5. Willielmus Maynard de Waltham-Stow Ar. 6. Johannes Marshal de Finchingfield Ar. 7. Willielmus Clapton de List●n Ar. 8. Johannes tendering de Baddow magnâ Ar. 9 Henricus Pascall de eadem Ar. 10. Thomas Smith de Blackmore Ar. 11. Alexander Prescot de Mountnessing Ar. 12. Willielmus Peant de eadem Ar. 13. Richurdus How de Ingate-Stone Ar. 14. Thomas Reeve de West-Hamingfield Ar. 15. Henricus Humpbneys' de eadem Gent. 16. Samuel Whitebread de Baddow magnâ Gen. 17. Willielmus Puckridge de Westham Gen. 18. Willielmus Wiseman de Pateswick Gen. 19 Johannes Everley de eadem Gen. 20. Andrea's Prest●●y de eadem Gen. 21. Robertus Alderman de Daggenham Gen. 22. Johannes nicols de Danbury Gen. 23. Robertus Kerrington de Boreley Gen. Et 24. Thomas Turner de Fearing Gen. Eleven (only) of the Panel appeared, to which was added a Tales; Which being Empanneled and Sworn, The Defendant (Mr Hickeringill) was called, who appeared in propriâ Personâ. Then a Junior-Counsel began to open the Information, saying, I am of Counsel in this Cause for our Sovereign Lord the King, in an Information of Barratry brought against the Defendant Edmund Hickeringill of the Town of Colchester, in the County of Essex Clerk, for being a common-barrator, and a daily and common Disturber of the Peace of our Lord the King, and also a Brawler, a Fighter, a Calumniator, and an Oppressor of his Neighbours, and a Sour of Strife, and Contention amongst his quiet Neighbours, and amongst the People of this Kingdom of England, so that the said Edmund Hickeringill at the time of the Information brought, and till now in the County aforesaid, and in the Town aforesaid, and in other places in the said County, the said Strifes, Differences, Contentions, Brawling, Sults, and quarrelings amongst his said Neighbours, and other the Liege Subjects of our said Lord the King, hath often moved, excited, and stirred up, to the great Disturbance, Ruin, Impoverishing and Damage, not only of his said Neighbours, but also of the said Liege People, and Subjects of our said Lord the King, to the pernicious and evil Example of Delinquents in the like Case, also against the Form of the Statutes in that Case made and provided, and in Contempt of our said Sovereign Lord the King, his Crown and Dignity, etc. But the said Counsel mumbling all this between his Teeth, The Judge spoke to him in these Words, viz. Mr. Smith, You open the Cause well enough to my Understanding, but you must speak out that the Jury may hear you; and then he began again, as well as he could, and proceeded a little. But Sir George Jeffreys presently took up the Argument, and began to open it, and expatiate upon it, after his loud manner of declaiming, and told a long Story of the heinousness of the Crime of Barratry, so odious to the Law, so inconsistent with the Peace of the Neighbourhood, so unwarrantable in all Men, more insufferable in a Minister of the Gospel of Peace; such was the Defendant, and the Crimes he was guilty of were great and many. And (quoth he) if my Breviate do not fail me, I will now expose before you the greatest Barreter that ever was heard off; he has by extortion taken five Pounds and eight Shillings, when but ten Shillings was Due in the Parish of St. Buttolph's in Colchester, as Fees of his own Court, as Surrogate under the Bishop in Colchester, (where note by the way, the Modesty of the Man, for of that 5 l. 8 s. instead of 10 s. the Defendant never had one Farthing, nor any Body for him, nor was one Farthing paid, or demanded; nor ever any such Cause brought before Mr. Hickeringill, as Judge of the Ecclesiastical Court; but the Cause was brought in the Bishop's Consistory-Court at London, for very good cause; nor durst Sir George Jeffreys ever all the whole Trial, or any other of the Counsel call it to Proof and to the Test, but it served him to bawl withal, and to make a noise against the Defendant.) Then Sir George Jeffreys went on, and told them of many other Crimes that the Defendant was Guilty of, (before any one Witness was called to prove any of the Crimes) making a long and loud Harangue; in which the Defendant interrupted him: Saying, Sir George, Sir George, Prosecute me in your Place with all the Vehemence and Passion that you are full of, spare me not, I neither require nor need your Favour; but you have no Authority, by virtue of your Fee, to defame me, with Stories and Untruths of your own devising; prove something upon me. To which Sir George replied, with enraged Eyes staring with Passion, What have you to do to interrupt me? To which Mr. Hickeringill replied, I will interrupt you, when you transgress the bounds of Truth and Modesty; you have no Authority, nor can any Body give you Authority to abuse me. Whereupon the Judge candidly replied, in these Words; Brother, Brother, when you touch a Man's Reputation, you touch him in a tender Part; I cannot blame a Man for being sensible of it, prove something upon him, and leave off your declaiming; or Words to the like Effect. Go on to your Proofs, open no more than you can prove. Note by the way, That the Judge had with much ado given the Defendant leave to plead his own Cause, and make his own Defence; The Defendant alleging that he had not time to instruct his Counsel, and though he moved in the beginning of the last Term by Mr. Samson Ward at the King's-Bench-Bar, that the Judges there, would be pleased to let the Defendant know the Particulars and Heads of the said Articles, yet the Justices of the King's-Bench would not allow him more than one Fortnight before the Assizes, to know the particular Crimes of which he was accused, and to which he might prepare a Defence; I know not for what Reasons, but longer time would not be granted him: and that time had been spent in preparing and bringing 20 Witnesses, and in discharging his public Duty as a Minister of the Gospel in his Rectory in Colchester, (which he neither did, nor would neglect for any private Concern of his own.) And the Defendant alleged that the Articles against him were many and large, and all the Actions of his Life good and bad for 15 Years last passed, ripped up, to make him appear a Common-barrator, and that the Breviate (which the Defendant held then in his Hand) was rather a Volumn than a Breviate, and that since he had no Counsel, that his Lordship would (though it be great disadvantage for any Man to plead his own Cause, and much more the Defendant that had no Skill, no Practice, no Ability in Pleading another Man's Cause) yet that his Lordship would with Patience, hear him make his own Defence, our Law condemning no Man before it hear him; and the Defendant alleging that it was his Birthright to have his Lordship's Patience and an indifferent Hearing, in making his own Defence: To which his Lordship passionately replied in these very Words, Your Birthright, Your Birthright, this I meet every where amongst these Men, they tell me of their Birthright, their Birthright, and that they are Freeborn Englishmen. Yes, my Lord, replied the Defendant; I say again, my Birth right, and if your Lordship will not permit me your Patience to hear my Defence, then go on, and hear but of one Ear; I'll not speak one Word more, if you will not hear me with Patience; I need no other Favour, I have Innocence enough to protect me against the Skill, and Eloquence of all the Counsellors against me, and to defeat them all. You are very confident, replied his Lordship, I will give you a fair Hearing; (and so he did (ever after that) a tolerable Hearing) But (saith his Lordship) to stop his Mouth, and to silence his Plea of Innocence, prove upon him some Article that may be Evidence of the Information; begin with something you can prove. Whereupon the Counsel skip't over the first eight Articles for that time, and began with the ninth Article; Namely, Article 9 For maintaining divers Suits in another's Name, against one Saddler, his Servants, and Agents, and Tenants. To prove this, they produced one Laurence that told a blind Story of a Covenant; and sometimes he called it a Bond, that one William Sadler made to the Defendant; but not able to make any thing of it, at last they produced one Mr. Thomas Earl an Attorney in Colchester, who swore, that there were Horses, Lands, and Tenements in Horkesley Magnâ, that were in the quiet possession of one William Sadler for ten or twelve Years; and that he, together with the Mother of the Son and Heir of one Peter Sadler, did persuade the Tenant of the Premises, to turn Tenant to the said Widow, in the right of her said Son; which the Tenant did, knowing or believing it to be right and just; and that there was afterwards an admittance of the said Heir to the said Lands, being Copyhold by the Lord of the Manor, and 25 l. paid down in Court for a Fine in part, and 15 l. more was to be paid in full; and that there was a Trial at the Assizes for the said Land, and the Right was found to be in the said Widow and her Son, who enjoy the Premises to this day. Whereupon the Judge, in much indignation (interrupting him) said, What is all this to the Matter in hand charged against the Defendant, Mr. Hickeringill? Did he persuade you to take possession? Earl replied, He could not say that, but he believed Mr. Hickeringill had some Money of the Widow Sadler, but he had almost forgot how much, or for what the Money was paid unto him. Then the Counsel for the King produced a Receipt of 15 l. under Mr. Hickeringill's own hand, (which was read) namely, for part of the Fine due (as aforesaid) to the Lord of the Manor (for a Fine) for the said Copy-hold-Lands: which put the Judge again into a Fret, that they should make such ado and Circumstance for nothing; and thereupon the Judge bid them go to some other Article, if they could thereby prove that the Defendant had done some Damage (according to the Information) or Detriment, or Injury (by way of Maintenance or Barratry) to any of the King's Liege People. A heavy Toss there was then amongst the King's Counsel, which Article of the 24 to insist upon, to make good their grievous Charge; and some named the 23, some the 18, some the 13, at last, with much ado, it was agreed to urge the 10 th' Article; which they did, and called their Witnesses thereunto; but so unsuccessfully, that the Cause began to cool, and they were all at a loss which Article should next be improved to prove the Charge. For they produced (to prove this) a Fellow that could make a demure long Prayer, as well as a thumping false Oath, one John Wheely of the Town of Colchester Brazier, in the Article mentioned, and he swore home, or (as we say, through an Inch-board) against Records; swearing, That he had had divers Suits at Law for the Premises, with the said Mary Living, in the Article mentioned, and he always got the better of her, and recovered both at Common-Law and in Chancery. What's this to the purpose? (said the Judge) Did the Defendant bear the Charges of the Suit by Maintenance, to have part of the same when recovered? No, quoth Wheely, I cannot say that, but only that he once gave me a Subpoena out of Chancery, where she was Plaintiff against me. What, (said the Judge to the Counsel) are these your Witnesses to prove Barratry against Mr. Hickeringill, only for delivering a Subpoena; for shame go on to something that may stick upon him. Whereupon the Defendant produced an Exemplification (under the King's Broad Seal of England) to prove that the said Wheely was a perjured Wretch in Swearing, that he always recovered and got the better of the said Mary Living at Common-Law and Chancery for the Premises; whereas in truth the said Mary Living had a Verdict against the said Wheely for the Premises, at the Assizes for the County of Essex before Judge Keeling, John Robinson Attorney for the said Mary Living Plaintiff Lessor, and one Richard Tiplacts Plaintiff Lessee in Ejectment, and Attorney for the said John Wheeley, Thomas Ruse of Colchester; the Exemplification beginning, Carolus Secundus, etc. and concluding, J. Vaughan apud Westm. 30. Novembris, Anno Regni Regis vicessimo primo. Wyrley. But the Judge said there was no occasion for reading it at that time, for Wheely had swore nothing of harm that the Defendant had done; for in the first Instance, (Article 9) all that could be gathered, was rather to the honour of the Defendant, in helping an Infant and an Orphan to an Estate, of which she was unjustly deprived; and now in endeavouring to help a Widow to an Estate that once she recovered, and had a Verdict for: and very angrily took up the King's Counsel, and bid them go to something that might stop the Defendants Plea of his Innocence; for the Defendant all the while, with cheerful Countenance, smiled to see them so angry and passionate one with another, in keeping such ado for nothing. After a great pother, it was unanimously agreed by all the Learned Counsel, that the twelfth Article should next be urged; and to prove it, they brought two Bum-Bayliffs, Thomas Martin, and John Groom, of Colchester, (Rascals that be too much honoured by naming of them) but, the mischief was, they were too hot in their mettle, and swore too home, for they swore that the Defendant granted an Administration to Thomas Shortland, (in the Article mentioned) being Surrogate of the Court; but that also he refused to grant the same, till Shortland had first entered into Bond to pay him twenty Guinies. These Fellows did the Business for which they came; and disgrace enough it was to the Defendant, to take 21 l. 10 s. for an Administration, when (in the Naked-Truth) he finds such fault in the Registers for taking so many Shillings for an Administration. Great hopes and jollity there was in the whole Court, when these pregnant Testimonies were produced, which were thought unanswerable; and the Judge demanded of the Defendant, What he could say for himself? The Defendant answered, That if he did take such a mighty Bribe, it might be Extortion, but yet not Barratry. Secondly, That it was impossible but that the Fellows were perjured; for if the Defendant, Mr. Hickeringill, did never grant any Administration to Shortland, nor that Shortland ever had any Administration, either from the Defendant, or any other Judges of any Ecclesiastical Court in all the Diocese of London; than it was impossible that he should take a Bribe, or commit Extortion, in granting what was never granted. But to that the Fellows swore; one of them said, the brought he Seal; and the other swore, he saw such an Administration. Then to prove them perjured, the last Will of Thomas Shortland was immediately produced by the Defendant, and read, (and the Executors being Quakers, revoking the Executorship) an Administration with the Will annexed, was granted (in the Prerogative-Court of Canterbury, under the Name and Seal of Gilbert late Archbishop of Canterbury) and where the same aught to be granted, (it being a Prerogative-Case) and a Court where Mr. Hickeringill had no more Power, Authority, or Concern, than any other Man in England, signed, Marcus Cottle Registarius; and beginning with these words,— Gilbertus Providentia Divinâ Cant. Archiepiscopus totius Angliae Primas & Metropolitanus Dilecto nobis in Christo, Thomae Shortland Filio naturali & Legitimo Thomae Shortland nuper de villâ Colcestriâ, etc. And dated, August 7. Anno Dom. 1676. Nostraeque Translationis Anno 13. Here was an apparent and wilful Perjury in these Witnesses Evidence for the King, and I believe the whole Court began to be ashamed of them; but to make them more appalled, the Defendant produced a Record, proved by Mr. George Catesby, Town-Clerk of Sudbury; where one of the Rogues (called Thomas Martin) was whipped for a Thief; and the Defendant said, That though his Name was not Whipping-Tom, yet he was Whipt-Tom. But the Judge made some wonder at the said Record, because the Clerk of the Court, reading the same in English (out of the Latin) said, That he was whipped from the Girdle downwards. Downwards, said the Judge, sure that cannot be! 'Tis Deorsum, said the Clerk: That's more than ever I knew, quoth the Judge, to whip a Man from the Girdle downwards at the Carts-Arse; That's the way to whip a Woman, quoth Baron Weston, but I never knew a Man ordered to be so whipped. Nevertheless it passed off with a Jest, and the Bystanders, with much Edification, learned from the Judges own Mouth, the right way how and where to whip a Woman, namely, from the Girdle downwards; the new Mode belike! In short, notwithstanding all this comical Discourse, the Judge began to be in good earnest angry with the Learned Counsel, that (after all this loud noise in Court, City, and Country, against the Defendant, as a Common Barreter) they should thus trifle and abuse his patience, (with which he is not overloaded) at length he told the Counsel, that if they were thus baffled in all their Attempts, they should not need to charge the Defendant (as in the 21 th' Article) that he could give as good. Advice as any Counsel; for at this rate, it would prove true, the Defendant would baffle them all. Whereupon the Learned Counsel laid their Heads together, and resolved to go backward, and try what work they could make with the second and seventh Articles together; but here they had worse luck than before, producing two Witnesses, one Widow Blois, and one Rolf her Son-in-Law, two more infamous Witnesses than the former; for such shameful and abominable uncleanness (betwixt them committed) was proved against them then and there, in open Court, that it would offend any modest Ear to repeat the same. Besides, The Woman, Elizabeth Blois, swore such damnable Untruth's too; as that the Land the Defendant bought of her, (for which she had but 210 l.) did rend for 40 l. per Annum, and now for 30 l. and that she could not tell whether Mr. Hickeringill gave her the last Will of Thomas Andrews in open Court. And yet she has sworn in the Prerogative-Court at London, that the Defendant did give her the said Will in open Court, the same is also in the same Court sworn by the said wicked Rolf her Son-in-Law, and he also swore the same at this Trial, against her false Testimony; and so did her own Sister also, Marry Couch, testify the same. Besides, it is as true, as that there is a Sun in the Firmament, that Mr. Hickeringill never had, nor has any more Land or Houses bought of her (in Thorp nor in any other place in the World bought of her) than 10 l. per Annum, and yet she swore 30 l. per Annum, which all the Country knows to be false; and yet Sir Francis Withins, kept a little hussing with it, as if Mr. Hickeringill bought such a Pennyworth, and yet Mr. Hickeringill proffered in Court to lose 20 l. by the Bargain he made with her; and I am sure he will yet willingly lose 40 l. to any Man that will buy it again of him: Tho he, I am sure, has no need to sell, for at this Day all the Men in the whole World, cannot demand 5 l. of him, as justly due to them, or any of them from him, to my certain Knowledge: Therefore what need has he of a Protection from three Lords (as in Article 17 th' objected against him) that is no more indebted than a Lord? Yet the Judge willing to reprove Mr. Hickeringill for something, if he could have told what, at last told him that there was cause enough for the Bishop to deprive him of his Benefice, for meddling with Law Matters so much, and in Temporal Affairs, and perhaps if the Judge had the keeping of his Spiritualship, Mr. Hickeringill should neither be so Rich, nor so Fat and Corpulent as he is. Kind Man! How soon and how ready was he to shoot his Bolt at the Defendant, if he could have told how, and for which he was not unattentive to improve any thing against him to render him an ill Man, since he could not make a common Barreter of him. But (alas!) the Defendant only smiled all the while to see them tug and labour in vain, and pitying the Judge when he saw him in a fret, and most especially when he talked of the Bishop's depriving a Minister for dealing in Temporal Affairs, when the Bishop himself (being a Parliament-Man and a Privy-councillor) is forced (above any other Priest in the Diocese) to deal in Temporal Affairs. Besides, That Man talks without-Book, and against Law, and Magna Charta, that dare avouch that any Man can deprive another of his Freehold (in this Kingdom) but by Judgement of twelve Men of his Equals. The Bishop can deprive no Minister in the Diocese, but by the Law of the Land; namely, by the Judgement and Verdict of twelve Men of his Equals; other Doctrines are dangerous, and destructive: And so much the more, when spoken by one that should tell the Law in Truth, and not in Sycophantry; no Man is too great to be good, and subject to the Laws. The Counsel, in brief, made some little Assay with the 17 th', 18 th', and 24 th' Articles which proving more unsuccessful than the former, and worse and worse, the Learned Counsel in as great Rage and Indignation, as Despair (without the least mention of the Naked Truth, in the 22 th' Article, or offering at any other Article) furiously threw away their Breviates at the Teeth of the Prosecutor, that Proctor Morris then in Court, and as much dismayed, as the Learned Counsel were enraged and ashamed. The Thunder ceased, the Judge himself could not forbear reproving that loud speaking Man, Sir George Jeffreys, that kept such a blunder at first in his noisy-way of defaming and huffing Men (that have not the luck first to retain his Tongue) with which he kept such a splutter at the beginning of the Trial; but by this time he was become as Patient as any Ram▪ and though he did at first (classicum canere ante Triumphum) wind his Horn before the Victory; yet by this time he begun to be almost as tame as he was at Kingston the last Assizes, before the same Judge Weston; who gave him such smart Repartees, and roiled his Welsh-Blood, that for very madness he sat down and Wept, (Good Man!) His Courage being so cooled, that his boiling Blood turned to Phlegm and Water in such abundance, his Body could not contain the same, but it found vent and run out at the Rivulets of his Eyes; And the sadder he was and heavy, the more Jocund was the by-standing Counsel, who could not forbear to laugh when he cried (poor Man!) And the more he Cried, the more they Laughed, hard hearted that they were! In fine, the Judge (very calmly too) upbraiding some of the Counsel with Folly, and the Witnesses with Impertinency, told the Jury that they must find for the Defendant; which they did, after a little, a very little Pause, without stirring from the Bar. Magna est Veritas, & praevalebit. Truth is always strongest at long-run, and will at length prevail. The Conclusion. IT is not easy to determine whether Machiavelli was more wise or more wicked, more subtle, or more malicious, more full of policy, or more full of (evil) Craft, in that Maxim of his— Calumniare fortiter & aliquid adhaerebit; cast dirt enough, and some of it will stick. However if it be wiped off, it costs trouble and vexation to do it; and how causeless soever, it is not easy to wipe away the Dirt so clean, but that the censuring World will imagine some stains left to blemish the greatest Beauty. In this same Trial against Mr. Hickeringill, 'tis evident, that his Adversaries have been right Machiavellians, and have copied after their great Master of Politics to the life, in a loud, loud Cry against the unstained Innocency of the Defendants Life and Conversation. Many Men, many great Men (I had almost said great Churchmen) had a hand in the Work. Lucr. — Soepius olim Religio peperit scelerosa atque Impia facta. Religious Men (though sometimes good) Were oft, of old, a cursed Brood. There was a Law amongst the Romans, that no Virgin should be executed; whereupon, when the Daughter of Sejanus was condemned to die; the Hangman first deflowered her, and then beheaded her. Thus, just thus do the wicked World with Men's Virgin Innocency; they cannot pass upon it ('tis against Law) till they have first defiled it with Lies and Slanders. Thus have they dealt with Mr. Hickeringill in the whole Process; first, They array him in their own slanderous Bearskins, then and set on their Dogs upon him, not only to bark and bawl, grin and show their Teeth at him, but they would have bit him too. But he that sitteth in the Heavens shall laugh them to scorn, the Lord hath had them in derision; no Weapon that they have form against him did prosper▪ and every Tongue that has stood against him in Judgement, is condemned. Let his Enemies hereafter learn to say with the wicked Prophet Balaam, How shall I curse, whom God hath not cursed? And how shall I defy, whom the Lord hath not defied? FINIS.