Scandalum magnatum, or, The great trial at Chelmnesford assizes held March 6, for the county of Essex, betwixt Henry, Bishop of London, plaintiff, and Edm. Hickeringill rector of the rectory of All-Saints in Colchester, defendant, faithfully related : together with the nature of the writ call'd supplicavit ... granted against Mr. Hickeringill ... as also the articles sworn against him, by six practors of doctors-common ... Published to prevent false reports. Hickeringill, Edmund, 1631-1708. This text is an enriched version of the TCP digital transcription A43633 of text R32967 in the English Short Title Catalog (Wing H1825). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 434 KB of XML-encoded text transcribed from 58 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A43633 Wing H1825 ESTC R32967 12803014 ocm 12803014 94093 2264186281

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Early English books online. (EEBO-TCP ; phase 1, no. A43633) Transcribed from: (Early English Books Online ; image set 94093) Images scanned from microfilm: (Early English books, 1641-1700 ; 1035:5) Scandalum magnatum, or, The great trial at Chelmnesford assizes held March 6, for the county of Essex, betwixt Henry, Bishop of London, plaintiff, and Edm. Hickeringill rector of the rectory of All-Saints in Colchester, defendant, faithfully related : together with the nature of the writ call'd supplicavit ... granted against Mr. Hickeringill ... as also the articles sworn against him, by six practors of doctors-common ... Published to prevent false reports. Hickeringill, Edmund, 1631-1708. 108 p. Printed for E. Smith ... London: 1682. Attributed by Wing to Edmund Hickeringill. Signed on p. 105 by Edm. Hickeringill. Numerous errors in paging. Imperfect: pages stained with loss of print. Reproduction of original in the Union Theolgical Seminary Library, New York. eng Hickeringill, Edmund, 1631-1708. Compton, Henry, 1632-1713. Trials (Offenses against the person) Great Britain -- Politics and government -- 1660-1688. eebo Scandalum magnatum: or the great trial at Chelmnesford assizes, held March 6, for the county of Essex, betwixt Henry Bishop of London, plantiff, and E Hickeringill, Edmund, 1682 116 75646 42 0 0 0 0 0 5.55 B The rate of 5.55 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2006-01 Assigned for keying and markup 2006-02 Keyed and coded from ProQuest page images 2006-05 Sampled and proofread 2006-05 Text and markup reviewed and edited 2006-09 Batch review (QC) and XML conversion

Scandalum Magnatum : Or the GREAT TRIAL AT Chelmnesford Assizes , Held March 6 , for the County of ESSEX , BETWIXT HENRY Bishop of LONDON , Plantiff , AND EDM. HICKERINGILL Rector of the Rectory of All-Saints in COLCHESTER , Defendant , FAITHFULLY RELATED .

Together with the Nature of the Writ call'd SUPPLICAVIT , seldom granted against any in these Days , more seldom granted against any but common-Rogues , and common-Barreters , and common-Villains ; yet granted against Mr. Hickeringill : Who was thereupon bound to the Good-Behaviour , at the Court of King's-Bench Westminster , Octab. Pur. xxxiv . R. R.

AS ALSO The Articles sworn against him , by six Proctors of Doctors-Commons ; the Reverend Proctors Names are like-wise ( according to the Record in the Crown-Office ) particulariz'd . With large Observations and Reflections upon the whole .

Published to prevent false Reports .

LONDON , Printed for E. Smith at the Elephant and Castle in Cornhil , 1682.

THE INTRODUCTION

WAS there ever more need than now ( to prevent false Reports ) when every Coffee-House Table ( instead of a better Carpet ) is cover'd and pester'd with false News ?

False Rumours and News ( the Epidemical Plague ) that our Ancestors were so careful to prevent , that ( as the Laws Oracle , Cook . cap. 39. Institut. 3. tells us , that ) the Law before the Conquest was , That the Author and Spreader of false Rumours amongst the People had his Tongue cut out , if he redeemed it not by the estimation of his Head . Int. Leg. Alveredi , cap. 28. If this Law had been reviv'd , Thompson , Heraclitus and the Observator had much better be Tongue-ty'd .

For tho Wise-Men and Good-Men ( in a just scruple of Conscience ) scorn to read such nauseous Ribaldry , in Reverence to that of the Wise-man ; ( Prov. 17. 4. ) A wicked Doer giveth heed to false Lips ; and a Lyer giveth Ear to a naughty Tongue ; knowing that the Resettor is as bad as the Thief , and that the Ear that loves to hear ( is as bad as the Tongue that loves to speak ) false News , and equally Guilty ; and he that loveth , ( as well ) as he that maketh a Lye , is rank'd amongst Dogs , and Sorcerers , and Whoremongers , and Murtherers and Idolaters . ( Rev. 22. 15. ) Yet the depraved Nature of Man is ( novitatis avida ) greedy of hearing Tales from the very Cradle ; and many Englishmen now , ( like the Athenians , Acts 17. 21. ) spend their time in nothing else , but either to tell or to hear some new-thing .

The Lydians punish'd these false News-Mongers with Death , as if a Man's Reputation was as dear to him as his Life , and the Assassinate of a Man's good Name , was accounted a Murderer .

The Grecians and the French have but one Name or Word to signify the Devil and ( his Son ) the Slanderer ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Diable , or Devil ; who was a Murtherer from the beginning ; ( that is ) a Lyer , and the Father of Lyes : And to delight in hearing or reading false and scandalous News , is an Accessory , ( which in Murder and all Assassinations ) is equally punish'd and equally guilty with the Principal .

Prudent Men ( tho' ) and Men of Courage ( like a Lyon , or a right English Mastiff ) stalk and walk on , when little Currs bark at them , answering their yelping , only with Contempt : Convicia , si irascaris , tua divulgas , spreta exolescunt , saith Tacitus ; If you seek to revenge Slanders , you proclaim them as your own ; But if you despise them , they vanish of themselves .

There are but few Bishops like Arch-Bishop Cranmer , who was so much revil'd , that he might have made work enough for the Lawyers , if he would have ply'd their Courts with Actions , upon the Statute of Scandal . Magnat . ●ut he chose rather to win Men with his Goodness , not rendring Evil for Evil , ●●t ( so usually ) Good for Evil , that it became a Proverb in those Days , Do my Lord of Canterbury a Displeasure , and you have him your Friend ever after ; that 's more Christian-like , and Bishop-like , than if Men had cause to say , Do my Lord of _____ a Displeasure , and you have him your Enemy ever after . Sure the World is near its end , and drawing its last Breath , Charity is so cold now a Days , old and cold , ( God knows ! ) as for Example , and woful Experience , Ecce Signum !

The Pressures that this Defendant has undergone since he writ the Naked Truth , ( above a Year ago ) are almost insupportable , and enough to make his Back crack , at least , enough to fright Men from writing or speaking any more Naked-Truths : It was always so ; the great Prophet of old made the same complaint , to small purpose ( God wot ) amongst some Men ; ( Isa. 59. 14 , 15. ) Judgment is turned away backward , and Justice standeth afar off ; for Truth is fallen in the Street , and Equity cannot enter .

Yea , Truth faileth , and he that departeth from Iniquity maketh himself a Prey ; and the Lord saw it , and it displeased him that there was no Judgment .

How has this Defendant been pester'd within this Twelve Months ? Four and twenty great Heads of Barretry preferr'd against him in the Crown-Office , about fifty Witnesses subpoena'd to prove them , yet , scarce ten of them sworn , and some of them that were subpoena'd , profest before they were subpoena'd that they knew nothing of the Matter , and yet subpoena'd . What ? run Men down with a Noise ? Is that such Policy ? or , is it Piety ? And when the Defendant's Innocence appear'd , and a Verdict to that purpose by the Worthy Jury ; yet , afterwards How was he visited and vex'd in the Ecclesiastical-Court of Arches , ( Henry Bishop of London Promoter there against him ) and for some of the same Barretry too , of which he had been honourably acquitted ?

And when the danger appear'd of prosecuting him in that Ecclesiastical-Court for Barretry ( against the Statutes of Praemunire and Provisors ) though Witnesses were sworn to them , yet it was upon second Thoughts adjudg'd unsafe to insist upon them ; and five of the Articles were laid aside ( wherewith they had long made a loud noise ) and only five clandestine Marriages insisted upon , or Marriages without Banes ( first published ) in time of Divine-Service , ( and how can that be where there is no Divine-Service ) but the old Rule , Necessitas vincit Legem , would not pass Currant against a Law of Man , though it prov'd a good Dispensation to Holy David against a Law of God : But , in all haste suspended and silenc'd he must be , ( I do not know when ! ) whether the Ecclesiastical Court have Wit in their Anger , and will not do all the harm they can ; or , whether they think there is more in Matrimony than a matter of Money ; or , whether they think it hard to silence a Minister from Preaching the Gospel , though the Register's had not the nine or ten Shillings ( as formerly ) from the Defendant for a Blanck-Licence , whilst scarce a Man in an Age is silenc'd for Drunkenness , Ignorance , Laziness , Fornication , or Debauchery ; or , whether they resolve to be merciful in Conclusion , or , ( if that be not so probable ) whether they suspend the execution of the Suspension , that the longer the blow is a heaving it may fall the heavier , I cannot tell ; But they . have found the Defendant work enough this twelve-Month last past , if he had had no other work , but to fence and ward off the Blows made at him : Then six Proctors ( they ) swear against him Articles in the King's-Bench , and procure the Writ of Supplicavit against him , a Writ seldom granted against any in these Days , ( as we are told by the Compleat Sollicitor , p. 73 , 74. ) He says , he remembers that about eight Years ago , ( in the days of Usurpation , for his Book was printed Anno. Dom. 1666. ) a troublesome malicious Priest sued one ( namely a Supplicavit ) against some of his Neighbours , but he had not heard of any since ; and the Parties craving it should take their Corporal Oath that it is not desired for any Malice , Hatred , or Envy to the Party ( surely if the said six Proctors swore it , they swore it freely , heartily and clearly ! )

Besides , tho 't is a Writ rarely granted , yet , when it is granted it is ( more ) rarely granted against any but common Rogues , and Villains , common Barretors , and Man-Catchers ; Is there greater Indignity than to be crucified amongst Thieves and Rogues ? It has been the Lot of his Betters , ( tho ) the Defendant offered an Affidavit in his behalf , made before Judg Dolben , by three Worthy Citizens , and desired ( with all Humility ) that as the Bench had heard of one side Affidavits against him , that they would please to leave one Ear open , to hear some Affidavits for him , and some Pleas in his Defence : intending to insist upon the Statute of 2 Edw. 6. 1. which if it be in force , then the Ecclesiastical Courts sit not legally , nor can they be called by Names bad enough ; and if that Statute be not in force , then why did the Lord Chief Justice Pemberton insist upon it so lately at the King's-Bench Bar , and also Mr. Rotherham , for their Client Mr. Weald of Much-Waltham in Essex , about the time that the last Parliament sate at Westminster , telling the Lord Chief Justice Scroggs , that he would not urge it warmly ( or Words to the like Effect ) because he perceiv'd his Lordship was not prepar'd at that time to give an answer to that Statute ; or Words to the like Effect : A moot-Case belike then , and a hard Case to bind a Man to the Good-Behaviour , or threaten him with a Jaile , when not wiser in the construction of the force of a Statute than the Lord Chief Justice .

But nothing would be admitted to be pleaded in the Defendants Defence , but utrum horum ( that is not false Latin , whatsoever quisquis is . ) Sad choice ( alas ! ) Bail , or a Jail : There is no fence against a Flail . They that will hear but of one Ear here , shall be made to hear on both Ears one Day ( the Day of Judgment . )

And tho Mr. Shepherd ( in his Office of a Justice of the Peace , pag. 83. ) says , that in taking a Recognizance upon a Supplicavit , the ordinary Sum is ten or twenty Pounds ( and difficultly enough ( too ) to be procured by a poor Rogue , tho a great Rogue ) yet , since the time and Sum is Arbitrary and in the Breast of the Justices , no less than a hundred Pounds must Mr. Hickeringill be bound in for affronting the Men of Doctors-Commons , ( if the Proctors swore through-stitch ) nay , one of the Bench stood stifly for 200 Pounds , ( that the Principal should Recognize , but ( in that ) he was over-ruled ) and four Sureties in 50 l. apiece ; whereas a poor common-Rogue could hardly have procur'd two Manucaptors : Ay , Ay ; he that will have Honour must sometimes pay for his Ambition .

But , as if all these troubles were too little for the Defendant ( besides the Weekly Affronts ) By the Weekly News-mongers in their Tantivy-Pamphlets , ( not to mention those familiar little friendly Courtships , and Caresses , of Villain , Rogue , Colchester-Hick — the great Scribler of the Nation : Daring Nat. Thompson reports him to be convict of Perjury , tho Nat. hides his viler Head for the same , and dare not give an appearance for himself and his Consort to Mr. Godfrey Woodward Attorney , who has long been prepar'd for him , if he could come at him , for villifying and aspersing such a Man as Mr. Hickeringill with so pernicious and false a Slander , all the Kingdom over . ) But these are small Matters , loss of Reputation , and to be called and accounted a common Rogue , common Barretor , common Villain ; a small matter .

Oh! But in the Neck of all , comes me , ( decima unda ) the tenth Wave , an Action of 5000 l. thick , brought by a great Bishop too , of great Interest , great Power , great Friends , great Parts , great Learning , and great all over ; against a poor Priest , or younger Brother , a Minorite , to Reform him , ( if any Body could tell how ) and make him better : Nay , it will be dangerous ( this whole long Year ) for Mr. Hickeringill to say , as did the Emperour , at a General Council , ( when at the first setting out and opening thereof , the good Fathers were gravell'd , and at a loss , where ( first ) to begin to 'mend , the Ecclesiastical Frame being so horribly out of Frame , â Minoritis , cries one of the great Ones very politickly : no quoth the Emperour , ) rather a Majoritis ; let us first begin to 'mend the great Ones . The Naked Truth , with ease , we tear ; Not , such as Vizor-Masques do wear ; For Vizors sconce and skreen Men here ; But will not always last , I fear .

This fam'd Trial came on March 8 , 1681. at the Nisi prius Bar , before the Lord Chief Justice , Sir Francis Pemberton ; The Jury , by the Sheriff of the County of Essex , were thus return'd ; viz.

Essex ss. Nomina Jur. inter Henr. Epis. Lond. qui tam , &c. Quer. Et Edmond . Hickeringill , Cler. Defend .

Andreas Jenner de Dunmow Magnâ , Bar. Ricardus Everard de Waltham Magnâ , Bar. Edwardus Smith de Thoydonmount , Bar. Willielmus Appleton de Shenfield , Bar. Johannes Bramston de Roxwell , Miles Balnei . Marcus Guyon de Coggeshall Magnâ , Miles . Johannes Marshal , Miles . Willielmus Maynard de Waltham Stow , Ar. Willielmus Glascock de Farnham , Ar. Jacobus Milbourn de Dunmow Magnâ , Ar. Alexander Prescot de Mountnessing , Ar. Willielmus Pert de eâd. Ar. Samuel Hare de Leigh , Ar. Anthonius Abdey de Kelvedon , Ar. Ricardus Ballet de Hatfield Broad-Oak , Ar. Johannes Meade de Wenden , Ar. Johannes Tendring de Baddow Magnâ , Ar. Willielmus Petre de Stanford Rivers , Ar. Henricus Paschal de Baddow Magnâ , Ar. Henricus Humfreys de Westhamingfield , Ar. Ricardus How de Ingate-stone , Ar. Ricardus Stanes de Altâ Ongar , Ar. Aurelius Piercey Wiseman de Wimbish , Ar. Edwardus Taverner de Canfield , Ar.

None of the Jury were challenged by either side ; Most of the Gentlemen ( first named in the Pannel ) appear'd and serv'd ; being sworn , a little Councel tremblingly made a shift to read the Heads of the Declaration , viz.

The Declaration in English ( faithfully translated out of the Lawyers Latin ) was to this Effect , viz. Trinity Term , xxxiii . R. R. Carol. 2.

HENRY Bishop of London , one of the Prelates of this Realm of England , as well for our Soveraign Lord the King , as for himself , complaineth of Edmond Hickeringill Clerk , in the Custody of the Marshal of the Marshalsea ; for that whereas in the Statute made in the Parliament of King Richard the Second after the Conquest , at Glocester , in the Second Year of his Raign , held , amongst other things , it is Enacted and strictly Charged under great pain , That none should be so bold as to devise , speak or relate of the Prelates , Dukes , Earls , Barons , and other Nobles and Great Men of the Realm of England , nor of the Chancellor , Treasurer or Clerk of the Privy Seal , Steward of the King's House , Justice of the one Bench or other , nor of any Great Officers of the said Realm , any false News , Lyes , or any such Falsities , whereof any Scandal or Discord within the said Realm may arise . And whosoever this should do , should incur the Penalty otherwise thereof ordained , by the Statute of Westminster the First , as in the said Statute more fully it is contained .

Yet the said Edmond Hickeringill the Statute aforesaid not regarding , nor the Penalty of the said Statute any ways fearing , but craftily designing the Good Name , State , Credit , Dignity and Honour of the said Bishop to hurt and blacken , and him the said Bishop into great Displeasure , Distrust and Discredit of our said Lord the King that now is , and of the great Men , and great Officers of this Realm of England , and also of divers worthy Persons , Subjects of our said Lord the King that now is , to bring ; the fourth day of April , in the three and thirtieth Year of the Raign of our said Lord the King , at Chelmnesford in the County of Essex , divers false News and horrible Lyes of the said Henry , then and yet being Bishop of London , and one of the Prelates of this Realm of England , in the presence and hearing of divers of the Subjects of our said Lord the King , falsly , maliciously , and scandalously devised , spoke , related , published and proclaimed in these English Words following , viz. The Lord Bishop of London ( meaning himthe said Lord Bishop of London ) is a bold daring impudent Man , for sending some Heads in Divinity to all his Clergy in those parts ( meaning the Clergy within the Diocess of London in those parts ) which are contrary to Law ( meaning the Laws of the Realm )

And of his further Malice , the said Edmond afterwards , to wit , the said fourth day of April in the three and thirtieth Year abovesaid , at Chelmnesford in the said County of Essex , scandalously , and maliciously , and further to defame and scandalize the said Bishop likewise , devised , spoke , related , published and proclamed of the said Henry , then and yet Bishop of London , upon a Discourse of the said Bishop then and there had , these other false News and horrible Lies , in these English Words following , that is to say , His Lordship ( meaning the said Henry Lord Bishop of London ) is very ignorant .

And the said Edmond further craftily designing not only the good Name , State , Credit , Dignity and Honour of the said Bishop to hurt and blacken , and him the said Bishop into further great Displeasure , Distrust and Discredit ●our said Soveraign Lord the King that now is , and of the great Men , and ●●eat Officers of this Kingdom of England , and of divers other worthy Subjects of our said Lord the King , to bring ; but also to cause him to endure the pain and peril of the Laws and Statutes of this Realm , against Traitors and such Malefactors , made afterwards , to wit the said fourth day of April , in the said three and thirtieth Year of the Raign of our said Soveraign Lord the King that now is , at Chelmnesford aforesaid , in the said County , divers other false News and horrible Lyes of the said Henry , then and yet Bishop of London , and one of the Prelates of this Realm , in the presence and hearing of divers of the King's Subjects , scandalously , falsly , and maliciously devised , spoke , related , published and declared in these English Words following , viz. I ( meaning him the said Edmond Hickeringill ) can prove His Lordship ( meaning the said Henry Lord Bishop of London ) to be concerned in the Damnable Plot , ( meaning the Popish Plot to destroy the King , and subvert the Government of this Realm ) late discovered .

By Means of which said several false News and horrible Lyes , the said Bishop is not only hurt and scandalized in his Reputation , Honour and Dignity , and the said Bishop hath lost the Favour , good Opinion and Esteem which our said Soveraign Lord the King , and other great Men , and Prelates of this Realm afore towards him did bear , and divers Rumors and Scandals between divers of the Nobles of this Realm , and great Men , and other the King's Subjects upon the Occasion aforesaid , within this Realm are risen and spread abroad , and great Scandals and Discords by reason of the Premises , between the said Bishop and others of this Realm are risen , and daily more and more are likely to arise , to the great disturbance of the Peace and Tranquillity of the Realm , to the Contempt of our said Lord the King , and great Scandal of the said Bishop , and against the Form of the said Statute of Richard the Second , to the Bishop's Damage 5000 l. and therefore he brings this Suit .

Issue — Non Cul —

This Trial ( of so great expectation ) came on about nine a Clock in the Morning , Wednesday the 8th of March , 1681.

To prove the Declaration only one single Witness was produced for the Plantiff , namely , one Samuel Harris , Clerk .

Witnesses sworn on the behalf of the Defendant , were , The Right Honourable Edward Earl of Lincoln , Mr. Benjamin Edgar , Mr. Ambrose Flanner , Robert Potter , Henry Bull , Christopher Hill , and Daniel Howlet ; all ( except that Noble Earl ) Parishioners of the Parish of St. Buttolph's in Colchester , and present when the Words were ( pretended to be ) spoken .

Actions for Words ought to be precisely and punctually prov'd , and all the Words together without addition or diminution ; otherwise , as the Defendant ( who pleaded his own Cause ) told the Court , the Sense must differ , except they be taken together , with the antecedent and subsequent Discourse , in sensu conjuncto , not diviso ; jointly and not severally : adding , that he had a thousand times said , that , there is no God ; and yet that saying ( that looks so scandalously , Atheistically and Blasphemously , taken disjointed and severally from the foregoing Words ) are really innocent and harmless , and have been spoken a thousand times by every Man , that has a thousand times read or repeated Psal. 14. 1. The Fool hath said in his Heart , there is no God .

So also , in infinite Instances , as to say , It is not lawful to love God , nor to 〈◊〉 our Neighbour dissemblingly , or hypocritically ; take away the last Words , and 〈◊〉 looks scandalously and most prophanely ; but taken altogether , no harm all , but good and true , and like that of the Apostle , — Let Love be without Dissimulation .

The said Harris ( Witness for the Plantiff ) had got the Words pretty well by Heart , but yet did not swear them so roundly off , as was expected .

For , ( as to the first Words , namely , The Lord Bishop of London is a bold daring impudent Man , for sending some Heads of Divinity to all his Clergy in these parts : ) he swore them thus , — namely , The Lord Bishop of London is a bold daring impudent Man , for sending a Printed Paper , wherein were some Heads of Divinity which were contrary to Law .

But the Defendant again examining , and bidding him repeat the Words , He said the Words were — The Lord Bishop of London is a bold daring impudent Man , for sending some Heads of Divinity in a Printed Letter which is contrary to Law .

Whereupon the Defendant taking notice and advantage from the difference of the Expressions and Words , The Judg bid that same Harris to repeat the Words once more as he would bide by it .

Whereupon , Harris sware that the Words were these — The Lord Bishop of London is a bold daring impudent Man , for sending some Heads of Divinity in a Paper contrary to Law .

There the Mercury was fixt after all its several shapes .

The Words in the second Count , He swore roundly off without any Haesitation ; But the Words in the third Count , he did not swear as they were laid in the Declaration , and yet without doubt the Declaration was made according to his single Information ; But it pleased God , he did not swear them off so roundly ; for instead of these Words — I can prove his Lordship to be concerned in the Damnable Plot ( meaning ) the Popish Plot ; he swore these Words — I can prove his Lordship to be concerned in the Horrid Plot against my righteous Name and Person ; and that the Words were spoken by the Defendant without any intervenient Question , all in one continued Discourse .

Yet the Counsel would gladly have insinuated to the Gentlemen that were sworn , That the Words should not be taken together , but to make a Pause at Horrid Plot , as if the next Words , against my righteous Name , did not sufficiently give the meaning , without any subintelligitur ; for who can imagine in sober sense that a Man means John a Stiles , when he expresly says John a Nokes ? or , who can imagine that a Man means a Popish-Plot , when he expresly says , a Horrid Plot against my righteous Name ? &c.

And he and all the Defendants Witnesses argeed in one thing , namely , That not any Colloquium , Discourse or Mention was made of any Popish Plot , during the Defendants stay in the Company , that 4th of April , 1681. being Easter-Monday , at the said Parish-Meeting for the Election of Officers for the said Parish of St. Buttolph's in Colchester , as their yearly custom was , on every Easter-Monday .

The said Harris his Testimony was confronted with six honest Witnesses , substantial Men , who had no design upon the Defendant's Benefice of St. Buttolphs , ( an Appurtenance to his Rectory of All-Saints , time out of mind of Man to the contrary ) But the said Harris could not deny , but he had a Pretension thereunto by a Sequestration granted to him by the Plantiff .

And first Mr. Edgar told the Judg , and those that were sworn , that he was present all the time from first to last , from the said Harris his coming into the Room at the said Parish-meeting where Harris found the Defendant ; and gave good attention to all the Discourse that past betwixt the Defendant and the said Harris all the while they were together , which was not long , the Defendant soon leaving the Room and departing .

He was order'd to declare the whole Discourse , which he did as followeth ; namely , that when the said Harris came into the said Parish-meeting , the fourth of April last , The Defendant ask'd the said Harris what Business he had there , or what he had to do there in his Parish ? to whom Harris reply'd , that he had a Sequestration of the said Benefice of St. Buttolphs from the Lord Bishop of London .

To whom the Defendant reply'd , saying , The Lord Bishop is not infallible , ( and that the Pope is not infallible ; ) for instance ( continued the Defendant . ) The Lord Bishop of London sent a Printed Letter to every one of the Clergy in these parts , wherein he recommended to them the Observation of the Canons of Forty , which Canons are disanulled by Law ; which Law if the Bishop did not know , it was his Ignorance ; but if he did know it , it was Insolence .

Besides , The Defendant added these Words , The Bishop of London has a prejudice against me , for I can prove that he was concerned in the Horrid Plot against my righteous Name and Reputation . In short , all the Defendants Witnesses agreed with Mr. Edgar's Testimony , and all of them swore positively , that they were present during the whole Discourse betwixt the said Harris and the Defendant , that they all gave attention thereunto , and that they did hear and take good notice of the whole Discourse that past at that time betwixt the Defendant and the said Harris , and that the Defendant during the whole Discourse , mention'd not these Words — The Lord Bishop of London is a bold daring impudent Man ; nor any mention made of any Heads of Divinity , nor these Words , His Lordship is very ignorant ; nor the least mention made of a Popish Plot by any in the Room , nor any Colloquium of the Popish Plot ( laid ) in the Declaration ; but all agreed that the Defendant in a continued Discourse , said — I can prove his Lordship to be concern'd in the Horrid Plot against my righteous Name and Reputation ; but Harris said , against my righteous Name and Person .

And yet the said Harris confessed , that after the Defendant was gone out of the said Room from the said Meeting , he went alone by himself into another Room ; and writ something , and brought it so written to some of the Company , to the said Mr. Flanner in particular , and desired him to subscribe to the same ; ( this spake his Malice and Design : ) presently after the Defendant was gone away . But the said Mr. Flanner and the rest held up their Hands ( as astonish'd ) and blest themselves from him , saying , There was no such Words spoke by the Defendant ; and thereupon Mr. Flanner and Mr. Edgar writ down the Words ( as aforesaid ) which were spoken , thinking the Man had some Design against the Defendant to do him a Mischief , as it appears since , too true ; and therefore they could not but remember the whole Discourse as well as he : at least , all could tell there was no such Words spoken .

The Preacher was a Prophet when he preach'd of the Horrid Sin of Man-catching ; It was Jezebel's-way to get Naboth's Vineyard , and his Life to boot ; 't is often fatal to have a Vineyard that other Men covet , 1 Kings 21. 15. And it came to pass , when Jezabel heard that Naboth was dead , that Jezabel said to Ahab , Arise , take possession of the Vineyard of Naboth the Jezreelite , which he refused to give thee for Money , for Naboth is not alive but dead . ( Cunning Harlot ! )

And it came to pass when Ahab heard that Naboth was dead , that Ahab rose up to go down to the Vineyard of Naboth the Jezreellite , to take possession of it . ( But this is a Parenthesis . )

It was good sport to the By-standers , to hear how the glib-toung'd Counsel did lay on Tongue against the Defendant , and to improve their little-Evidence-Man : They did earn their Guinies , to give them their due .

The Lacedominians ( a wise People ) banish'd all Hackney-Orators out of their Dominions , as pernicious to their Common-Wealth , because they could ( like old Ladies ) paint and bedawb their Wrinckles , could black-patch their Pimples and Sores , and make them Beauty-Spots .

Candida de nigris & de candentibus atra .

Could disguize the Truth , and cast Dirt and asperse when and where and whom they list , an Effeminate-Trade ; yet for Calumny these Lawyers are usually out-done by every Fish-Wife and Butter-Quean .

But to go on with the famous Trial , some Men are bound to the Good-Behaviour , ( as the Defendant told Sir George Jeffries , in the midst of his Harrangue , ) wishing that his Tongue also was as fast ty'd and bound to the Good-Behaviour , as is the Defendants : And withal , told the Gentlemen that were sworn , that the less heed was to be given to Sir George's Words , because he was not a Man of his Word ; for that Sir George had promis'd the last Assizes at Brentwood ( a Year and half ago , ) that he would never be retain'd ( nor plead ) against the Defendant , tho any Man should give him an hundred Guinies ; no , not against Curse ye Meroz . —

But comes me out ( before the next Assizes ) — the poor Book , called the Naked Truth — the Second Part.

And then stand clear from a common-Barretor , the Knight had forgot his Promise to Curse ye Meroz —

So fickle a Passion is this same thing ( called ) Love , ( as this Defendant now told him ) neither Man nor Woman knows well when they are sure on 't ; If I were his Lady I should be jealous of him , ( nay , I should ) if he were as inconstant in his Love to me , as he has prov'd to this Defendant ; ( I say again ) at this rate his Lady will scarce know when she can be Cock-sure of his Love ; ☜ ( inconstant Man ! ) Well , perhaps she may give him a Rowland , for his Oliver ; The Punishment , the usual and just Punishment of a Liquorish Tongue , ( a luscious , wanton , extravagant Tongue is to be plagu'd with a ) liquorish T — But enough of that at present , I am in his Debt , and I 'll certainly pay him off with ☜ celebrating in Heroick Verse , the Merits of the noisy-Hero and his Lady , to perpetuate them to all Posterity ; Let him shake his Head , and stare with open-Eyes how he pleases , 't is strange if he should not some time or other meet with his Match ; we are told — — A Poet should be fear'd When angry , like a Comets flaming Beard . He shall repent his Inconstance , ( He shall , ) let him do his worst . A time may come yet , and a Day of Reckoning , God is Righteous , and he usually shows his Justice in this World , against the greatest Atheists that live Hectoring and Torying in defiance of him , as if God had forsaken the Earth , and where is the God of Judgment ?

To support the Credit of their little Witness-Man , which they craftily foresaw would be shrewdly shaken by all the Witnesses , they had provided ( ready for the work ) five Clergy-men , to adorn the little Black-Coat with five Circingles more , Men of the same stamp , ( and if possible , ) swore as boldly and venturously for him and the Bishop , as Harris himself ; and brought for the very nonce .

But Good Sir George Jeffries ( that never before had told a Lye at the Bar ) if you 'll believe him , or any Hackney Breath-sellers , they come not for the sake of the Guinies , but purely in Devotion to Justice , and love to their Clyent and his Cause , tho Pro or Con , who comes first to retain them ( right or wrong , ) Tongue waggs in the Cause , if it be retain'd , and if the Angel appear , then the A — opens his Mouth , ( a very pretty World ) nay , many of them do not read their Breviats 'till the Cause be call'd , and then with two Eyes , in all haste , they are busy to spy out Vantages ; ( poor Clients are well help'd up , and what with an ignorant Jury , or a Pick'd-Jury for that very purpose , ( as this was by Order of the Court of King's-Bench , the last day of the last Term , upon the Motion of Sir Francis Withins , just such another Man . ) Poor Country-men have a fine time on 't , to go to Law as Tinkers mend Kettles , to remedy one hole in their Estate , they make two ; is not this Remedy worse than the Disease ? ) What ? do you think a Lawyer will tell a Lye ?

But the Good Knight , Sir George Jeffries , told a Whisker at this time , when the said Black-Coats swore so heartily , in Vindication of Harris his Reputation ; ☞ One Mr. Powell swore he had known Harris a Twelve-month and more , and He never knew any ill by him ; so swore one Mr. Kiddier , and Mr. Grove ( I think his Name was ) of London , and so swore also one Thompson , and one Shelton , two Colchester Ministers .

Look you ( my Lord ) quoth Sir George , here are Clergy-Men swear to the Reputation of the Witness for the Bishop , Clergy-Men that here come by accident , and spying them in Court , we make use of them .

Whereupon the Defendant ask'd the said Colchester-Ministers , Thompson and Shelton , whether Sir George was a Man to be believ'd herein , or a Man of his Word , when he said these Clergy-Men came by accident , &c. Speak ( Sirs ) you are upon your Oaths , Did you come by accident , or for set purpose subpoena'd to give this Testimony ? They answered ( for they durst not do no other , being publickly subpoena'd ) That they came on purpose , being subpoena'd .

Then , ( Good Sir George ) retorted the Defendant , Where is your Veracity , your Truth good Sir George ? But Sir George sat down very angerly , his Mouth was stop'd for once , ( Is it not a Wonder ! ) and the good Gentleman was silenc'd , his Welsh-Blood flying into his Face , and answering for him only with a Blush : Nay , 't is well he had the Grace to Blush , he is not much given to it ; but this was put upon him from his own Witnesses , the said Black-Coats , who had all of them more cause to blush , than Sir George , but they blush'd no more than a Black-D — Nay , I 'll trust such Black-Coats with an Oath , as soon as poorer Men , if there be a Bishop in the case , and hopes of Favour and Preferment ; what ? Can any Man think they will not stretch it for a Bishop , when ( one says ) they will ride down Sun and Moon for a Benefice , a Prebendary , or a Dignity .

The Men were true Sons of the Church , and knew the virtue of the Oath of Canonical Obedience ; but unhappily the Defendant snap'd them with one single Question , and made them all swear ( in effect ) Tongue thou liest ; and contradict themselves and one another , and all upon Oath too .

The Question put to every one of these Clergy-men ( who swore so thorow-stitch to Harris his Reputation ) was this ; namely , Is it not an ill thing in a Clergy-Man , and a Vicar ( who is sworn to perpetual Residence in his Parish ) to be Non-Resident for three quarters of a Year , minding only the Fleece but not the Flock ?

This gravell'd them , for they knew the danger of Perjury , and knew not well how to avoid it .

And therefore Powel being first ask'd the Question ( and the rest of them after him , one after another ) was at a stand , and knew not what to say .

Let 's have no Pumping , no Pumping , I beseech you good Mr. Powel , answer directly , ( said the Defendant . ) Is it not an ill thing for a Minister to be Non-Resident ever since before Mid-Summer last ? Yes , replyed he , and they ; ( there was no help for it . ) Well then , Has not Mr. Harris been non-Resident and deserted his Flock ever since Mid-summer last ? Yes , replyed Mr. Powel , and the rest of them ; and yet before they knew no ill thing . But ( says Mr. Powel ) there has been some Differences and Contentions about the Parishes of St. Buttolphs and St. Leonard's in Colchester , which the Bishop gave to Mr. Harris by Sequestration : But ( replyed the Defendant . ) What is that to Fingringhoe , to which Vicaridge Harris is Instituted , and Inducted to your knowledg , for you were present at his Induction , and so was Thompson and Shelton , the other Witnesses ; which all of them confest , ( for they could not avoid it by any Evasion or Equivocation ) only said , there was no Vicarage-House at Fingringhoe ; to whom the Defendant retorted , That it might be a good excuse for not residing upon his Vicarage , if he resided in any other House of the Parish ; but what is that to his leaving his Flock at the distance of fourty Miles , namely , at London , and taking upon him another Cure and Charge , ( as Curate under Mr. Grove ? ) and leaving none to supply the place for three quarters of a Year , nor four Sermons from Mid-summer to Michaelmas ; and those preach'd by a quondam Logg-river , one Mr. Sills , Rector of Dounyland ( a good Rectory ) but the Man tho a Rector , never yet could , nor ever was able so much as to read his Accidence ; yet he that knows not how to supply his own Cure as he ought , must ( for cheapness ) mumble ( to boot ) a little for this prime and single Episcopal-Witness : ( good doings the while ! ) This 't is to be in Favour with a Prelate , and this 't is to incur the Displeasure of a Prelate , and tell bold Truths ; ( behold the difference ! ) The Defendant silenc'd , stigmatiz'd , bely'd and slander'd , vilify'd as a Common-Varlet and Common-Barretor , paid off with Indictments , Informations , Actions and Accusations , in Spiritual Court , in Temporal Courts , Henry Bishop of London Promoter , Suspensions , Supplicavits , Excommunications , Fines , outragious Verdicts , Plots and Complots , Conspiracies and Horrid Plots to ruine him and his Family , by enriching the Rich Bishop , and all for what ? For a little Naked-Truth . ( Sir George Jefferies brought the Books , and pointed with his Index to the two last Lines of the Black Non-Conformist , namely — A Bishop sayest ? Thou lyest : Him Cornet call Of the Black-Regiment , that Jayles us all . The Welsh-man looking merrily at the Defendant , and glaring in his Face ; ) For Sir George insisted more to the Jury , concerning the Defendant's Books , and his writing and speaking against Lordly Prelacy ( than upon the Declaration ) producing two Letters writ by the Defendant to the Bishop , wherein he complain'd to the Bishop how hardly he was used , ( I wish they would Print those Letters , as well as produce them to the Jury , ) as if it were a Sin to groan when a Man is pinch'd and tormented : First they make us sigh , and then accuse us for sighing to ease our Hearts . But first Sir George insisted upon the Title and Superscription of those Letters ( To the Bishop of London ) which was descanted upon ( notably ) by that Critick in Law , Sir George Jefferies ; namely , this

To HENRY Lord Bishop of LONDON

These .

Do you see , Gentlemen , ( quoth Sir George ) Henry Lord Bishop , no more I Sir , ( quoth he , to the Defendant ) It might have become you to have styl'd him , — Reverend Father in God — you have not said — To the Right Reverend Father in God , Henry Lord Bishop , &c.

That , quoth Sir George is omitted , and seems to be an Aggravation ( at least ) if not another Scandalum Magnatum : nothing but plain Henry Lord Bishop ;

A Gentleman of a noble Extract and Pedigree , I hope the Jury will take notice of this Omission , here is no — Reverend Father in God .

That is ( replyed the Defendant ) the very Naked-Truth on 't , you say right , Sir George , there is no Reverend Father in God in the case , who denies it !

But , ( said the Defendant ) I am not innur'd ( nor desire to be innur'd ) to Court-Complements ; ( I think ) to say Henry Lord Bishop , is pretty fair for him , and pretty fair from me .

Sir George makes little or nothing of a Lordship belike ; whereas the Bishop of London's Grand-Father William Compton , liv'd the greatest part of his Life without the Title of Lordship .

For indeed William Compton ( this Bishop's Grand-Father ) was the first of the Compton's that ever was an Earl since Adam : And King James created him Earl of Northampton , ( I could tell the Reader how , and for what too ) Anno Dom. 1618. ☞ There are thousands alive that remember the Business .

But no doubt , but the Bishop did come of a noble Extract : But if Sir George had not taken notice of it , the noble Family would have been never the worse ; for when Men are always dung in the Teeth with the same and the same Bastinado , Self-Preservation makes them stand upon their Guard , and perhaps take the length on 't : and as it happens , this Pedigree ( that Sir George did so bluster with ) is not so long neither — not so long as a Welsh-Pedigree , ap Lewis , ap George , ap Morgan , ap Taphee , ap Lloyd , is a Pedigree more than twice so long .

But I should have wondred , if the Welsh-man ( on this occasion too , you 'll say ) had not vapour'd with his Extract and Pedigree .

But , to the Business — Here 's no Reverend Father in God : 'T is readily granted , nor is the Omission a Sin of Omission , 't is no Crime ; For a younger Brother to be a Lord that 's pretty fair , and more honour than his Grand-Father arriv'd unto at his Years : For a Man that was but the other day a Cornet in Captain Compton's Troop in the Earl of Oxford's Regiment ( I think ) by the King's Grace to be made a Prelate , and a Lord Bishop , there 's no reason in the World that he or any Body else should take it so in disdain , to be called only Lord Bishop , since that old Complement ( of Popish-Times ) namely , Reverend Father in God , was never given 'till Priests grew abominably and loathsomely Proud and Ambitious , when Pride and Prelacy came in Fashion .

The Defendant in his Epistle Dedicatory to the Arch-Bishop ( to avoid offence ) in his Book called the Black-Non-Conformist , does give that old Father , The Stile — namely , ( the Stile that Sir George does so want , and does so stare about to the Jury , to find it missing ) To the Reverend Father in God William , &c.

But the Bishop of London is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , newly come to the Faith , as being young in Years , and a Cornet of Horse within the memory of Youth , and unmarried , and much a younger Brother to the Defendant , both in Years , in Travels , in Studies , at the University , in Experience , nay , as a Souldier too ; one a Cornet , the other a Captain , one a great Traveller as the most Gentlemen in England ; the other 's greatest Travels is but over the Diocess , in Conferences , Visitations , to gather Procurations , and unconformable Confirmations not according to Law ( as is proved in the Black-Non-Conformist ; ) and for the Defendant to have called one who is ( indeed ) ( only by the King's Grace ( as being made a Bishop and a Doctor ) and therefore only ) his Senior , but his younger Brother by many Degrees in all other respects , as aforesaid ; if the Defendant had pleased Sir George's Humour , and had stiled him Reverend Father in God , perhaps the Bishop would have thought the Defendant had jeer'd him , and then all the Fat had been in the Fire again , and all in a Flame , the other Action of Scandalum Magnatum .

And let the By-standers judg , whether it had not been as much for the Bishop's Honour , if Sir George had never touch'd upon the Pedigree , but have left it quiet as he found it ; nor yet have star'd about , when he mist the old cogging , flattering , Hierarchical , and Prelatical Complement ( of ) Reverend Father in God .

A Complement now worn out at Elbows , and as tatter'd , trite , and Thread-bare , as — Your Humble Servant .

And for the noble Pedigree , the Welsh-man had as good have let it alone , ( if it had been possible for a Welsh-man to omit the Occasion ; ) but the noble Extract and Pedigree ( which no Body does deny ) had rested never the worse if he had suffer'd it to sleep quietly to all Posterity , without this his Index to disturb it .

Here 's a flanting-do with these Welsh-men and their Extracts , and their Pedigree's ; and if old Adam or Noah were alive , they would equally love a Beggar , as one ( who is as nigh a Kinsman of their Blood ) as the Welsh Knight himself : Away with this musty , worm-eaten-Heraldry , some by pimping ( and worse , ) have got to be Lords ; stand clear there from all his Progeny , remember 2 Ric. 2. Sirra , we 'll Scandalum Magnat . you ! do you not honour a Lord , and a Lord's Son ?

A Lord's Son ! Can you prove your Words ? Now it is the Mode in some Countries , for Ladies that have Lords , to have also a Gallant , a strong Back'd Coach-man , or sweaty Foot-man , or Groom , ( Spindle-shank'd Gentlemen-Ushers ( as useless ) being laid aside : ) And now it is the Mode , the Court-like Mode , for a Lord that has a Wife , to keep a Miss — likewise ; That it would puzzle this same little Harris ( who would make no Bones of a probable Oath ( but swallow it roundly ) to swear who is a Lord's Son ; and yet what a pother Men keep in the World with their Noble Blood , Noble Blood ; when the Chirurgeon swears , that there is not one of a hundred Lords ( upon trial of Phlebotomy ) has so good Blood in his Veins as the Defendant . In Guinee , therefore , to secure the Blood-Royal infallibly ( in the Blood and Family-Royal ; ) the eldest Son of the King 's eldest Sister does Heir the Crown , not the King's Son ; for so there can be no foul play .

But the said two Letters were read , wherein the Defendant inculcated the Commands of our Saviour to his Disciples , that they should not Lord it over one another , ( as the Princes and Men of the World do : ) Look you , ( says Sir Francis Withins ) he justifies his speaking against Prelates . ( As if it were a Sin to quote our Saviour's own Words ! ) But especially He and Sir George storm'd when the Defendant said , That Prelacy is condemn'd , 1 Tim. 5. 21. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , absque eo ut unum alteri praeferas ; without preferring ( or , prelating ) one before another . ) Worse and worse , saith Mr. Withins , He justifies , here 's Scandalum Magnatum again , an Aggravation Gentlemen , I hope you will remember it in the Damages . ( Ay , Ay , trouble not your Head ! ) The Jury-men were Wise-men and had conn'd their Lesson perfectly , and knew their Business and ☞ what to do , as well as Sir Francis could tell them ; he might have spar'd his Breath to cool his Pottage ; or , for the next cause ; and yet when his Tongue did not go , his Hand went , ( at every Clause and Period and sometimes at every Word ) lifting up his Hand and then the Cadence , ( he had seen the Singing-men how they act their Prayers . ) And when the Words of the Letter were full of heavy complaints , made to the Bishop by this Defendant , at every Period , or Clause , — Hah ( quoth Sir Francis : ) As when in the Letter the Defendant complains , that the Bishop of London listned to clandestine Affidavits — ( Hah ! quoth Sir Francis ) about the false Accusations of Barretry — ( Hah ! ) and taken illegally ( Hah — ) and out of Court ( Hah — ) when there was no Cause depending — ( Hah — ) nor any Issue joined — ( Hah — ) nor any Cause that was of Ecclesiastical cognizance — ( Hah — ) and sworn by two Bum-lifts — Martin and Groom , ( Hah — ) two Fellows of the basest Conversation — ( Hah — ) the former , Martin , whip'd for a Thief , ( Hah — ) in Sudbury — ( Hah — ) and the Record thereof produc'd , and prov'd at the Assizes , by Mr. George Catesby , Town-Clerk of Sudbury ( Hah — still quoth Sir Francis : ) And that the Fellows swore through an Inch-Board , as swearing against Records ( Hah — ) and after his Lordship knew this to be true , yet He or his Chancellor Sir Tho. Exton , or the Registers — Morris and Betts , or all of them , still prosecuted the Defendant as a Common-Barretor — ( Hah — ) and for taking a Bribe for granting an Administration to Thomas Shortland which they knew by their Register-Books was never granted , and yet ( knowing all this ) they suffer'd this Martin to swear that he brought the Administration from Chelmnesford , from the Register's-Office of that Couple — Morris and Betts ; and Groom ( their Apparitor , fit Companions in their Spiritual Court ) swore he saw the Administration under Seal of the Court , and granted to Thomas Shortland by the Defendant , as Surrogate ; when they knew all was false as God is true , and that not the Defendant , but Gilbert Arch-Bishop of Canterbury ( in the Prerogative-Court where the Defendant was never concern'd in his Life ) and Marcus Cottle ( not Morris , nor Betts Registers ) and under the Seal of the Arch-Bishop : Of such Vexations and Grievances the Defendant humbly complains , ( but smartly and warmly too ) in his Letters to the Bishop , and humbly entreats the Bishop , either to give him reparation for the Damages he has causelessly been put unto ; or , if he would stand upon the Plea of his Innocence and Justification ( that he would please to give this Defendant the Benefit of righting himself by Law — ( Hah — ) And that the said Bishop would be pleased to wave his Priviledg , and give Appearance to the Desendants Attorney Mr. Coleman — ( Hah — ) and come in amongst the rest of the Conspirators and Plotters against the Defendants righteous Name and Reputation — ( Hah — ) And that all these Mischiefs had their rise from that old inveterate piece of Malice ( Hah — ) Sir John Shaw — ( Hah — ) who without any lawful Power or Authority — ( Hah — ) had taken clandestine Affidavits ( Hah — ) in his House ( Hah — ) about Barretry ( Hah — ) depending in the King's-Bench — ( Hah — ) where Sir John Shaw had no Authority to give or take an Oath — ( Hah — ) in private — ( Hah — ) against the Laws of the Land ( Hah — ) and made them ready against the Bishop came down , to set the Bishop to Roil Mr. Hickeringill , whom , he knew , would not tamely suffer himself and his Reputation to be illegally and publickly brought in question by any Bishop in Christendom — ( Hah — )

This was the Sum and Substance of those two Letters which the Defendant writ to the said Bishop , that were never answered , but only ( as Men are when they are prest to Death , ) with — more Weight — more Weight —

The Defendant , in vain , opposed the reading of his private Letters , saying it was not genteel , civil nor manly to produce such Evidence , and nothing to the present Declaration , and that tho there was nothing in them but what was modest and true , yet private Letters are , and ought to be sacred in their Privacy , and that — ( Si liceat parvis componere magna . ) King Charles 1. ( If it be lawful to compare great with small ) did justly upbraid the Parliament with the Incivility of publishing his private Letters taken at Naseby , tho there was nothing in them , ( nor in this Defendants Letters ) for which any Man need blush , or be blam'd . But this is the Ecclesiastical-Candor ; any Method to expose the Defendant , no Vengeance is great enough , no Fine or Verdict outragious enough , to crush one that dares ( as the Defendant has ) discover the Mystery of Iniquity Ecclesiastical , in Extortions , illegal Fees , Oppressions , and Courts kept in dessance of the Statutes of this Realm , Excommunications , Absolutions , Prophanations , Procurations , Visitations , ( namely ) Vexations , &c.

There 's a Villain indeed ! Plague him , All Hands aloft , all 's at Stake , down goes — if you do not help ; This Fellow is another ( Germana illa Bestia quae non curat Aurum , a ) German Beast that regards not Preferment , as the Cardinal told the Pope when he chid him , because he could not ( by tampering with Luther , and the proffer of Gold , and a Cardinal's Cap ) prevail with him , nor take him off from writing and preaching against the Abominations and Corruptions of the Church and Church-men .

Church and Church-men ! Ay , set but the Clergy — upon a Man , and you need not set any Dogs upon him to worry him ?

Church and Church-men ! Ha! do you know who you speak against ? what ? Find fault with Oppressions and Extortions of Ecclesiastical-Courts , with Apparitors , Registers , Commissaries , and all that Fry of Lay-Elders ?

Church and Church-men ! Ha! Do you speak against Prelacy ? Say that Word again , say it again before Witness — Sirrah , Villain , Rogue ! How dare you at this time of day speak Scripture , dangerous Scripture , Scripture against Statute-Law , 2 Rich. 2. 5. which Statute makes a Prelate , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Acts 8. 9. some great One ; and you , Sirra , would have him , as your Saviour and the Gospel would have him , as lowly as Christ or his Apostles ; you , Sirra , do you speak Scripture in a Court of Law ? Ha! what do you produce a Bible instead of a Breviate ? Do you plead Gospel against Law ? and Christ and his Apostles , in defiance of Rich. 2 ?

An Aggravation , an Aggravation , ( as Sir Francis Withins said ) the Defendant justifies in a Plea of Non-Culp — this is rich indeed ! These Errors will be committed when you suffer Parsons to be Pleaders , and plead their own Cause , and understand not the Punctilio's and Methods of nice-pleading — very fine ! What suffer Scripture to be quoted instead of Law , and Christ and his Apostles , instead of Cook and Littleton ? for Shame . And yet the Defendant ( ignorant Man ! ) did not understand the mischief of urging a little Scripture in this Cause betwixt two Church-men , and already there decided , namely , that of Christ , St. Paul , and St. Peter against all Prelacy , Pride , Lordliness and Dominion one Brother over another , not Lording it over God's Heritage .

But , Christ and St. Paul and St. Peter were poor Men , Silver and Gold had they none , they were meek , humble , and lowly , and when they were reviled , reviled not again , nor brought an Action of Scandalum Magnat . nor did Fee a pack of Lawyers to mouth it , upon an old Statute , made in the time of Popish Prelacy , and when Antichrist was Rampant , and when the Devil raigned , a time ( as the Defendant told the Court ) when the Prelates did all , and all ill ; a time when the Prelates were grand Rebels as ever were in England : For then ( in the Raign of Rich. 2. ) was this Statute made , when the Clergy were as very Rebels as Wall the Priest , Wat. Tyler , or any of that wicked Crew .

'T is true ; Henry Spencer Bishop of Norwich , was General for the King both in England and France ( did not Armour disgrace Bishop Henry's Lawn-Sleeves ? ) The Bishop of Ely was Lord Chancellor ; ( Countez , Two . ) Tho. Arundel Bishop of Hereford , ( Countez , Three ) Lord Treasurer : Nicholas ( Abbot of Waltham ) Lord Privy-Seal ; ( Four . ) William Arch-Bishop of Canterbury ; ( Five . ) Alexander Arch-Bishop of York ; ( Countez , Six . ) William Bishop of Winchester ; ( Seven . ) And Thomas Bishop of Exeter ; ( Eight . ) Good Men and True : ( that 's a Lye ) a Pack of damnable Villains and Rebells as ever were in England , for taking upon them ( by Commission ) to rule the King and Kingdom , and so the Judges concluded that ( Commission of thirteen Persons to rule the King and Kingdom , of which eight were Prelates , with five Lay-men , for fashion-sake , for the Prelates could out-vote them when they list , ) a Devilish Rebellion , abominable Prelates in Rich. 2d's time , when the Statute of Scandalum Magnatum was made : and struck at it has been by the last Parliament at Westminster , and others , as a Statute obsolete , or ( in the Judgment of the Wisdom of the Nation , the Honourable House of Commons ) to be repealed ; being made in the wicked time aforesaid when the Devil danc'd , and Simon Magus vaunted himself to be one of the Magnat , some Great One , and yet also the Successor of Simon Peter ; who was a poor Fisher-man , and a Fisher of Men ; not a Pick-Pocket , nor a Promoter of Law-Suits ; nor did he mend his Market by turning Church-man ( as some have done , too well known ) but to his dying day was poor and pennyless , having his Faith and Hope in another World , and being a Disciple of him whose Kingdom is not of this World .

All this and more the Defendant told the Court , and the Men that were sworn ( for to give the Judge his due ) he gave the Defendant sufficient leave , and leisure for three hours to defend himself against the crafty Suggestions , and dirty Language thrown at him , on purpose to vilify him with Dirt , which the Counsel had rak'd up together ; and in two set-Speeches made on purpose , fetch'd it far , and not at all to the purpose or to the matter in hand , villifying him with the Miseries and Vexations with which they had loaded him in the Barretry and Supplicavit , ( as if his Sufferings were his only Crime . ) But something they must say for their Guinies , and for their Lord Prelate , and in hopes of Preferment , and his Good Word and Recommendation ; But the Defendant gave them such smart , such nimble , and such home Repartees , and ( so free from all Passion , and unmov'd ) that even his Enemies , and all the Hearers could not but acknowledg , that as he never spoke more at one time , so he never spoke better in his Life .

And yet to no more Fruit , than if he had preach'd ( as St. Bede did ) to a heap of Stones ; for the Jury were resolv'd-Men ; never Men better tutor'd , better cull'd , and obsequious — Paedagogue said to his Imps — Ye 'ave con'd your Lessen well , stroke them o'th'Head , Call them good Boys , and buy them Ginger-Bread .

There is cunning in Dawbing , and a Cause slenderly witnessed , had need be well-Jury'd , or else the 2000 l. had not been worth a Gray-Groat ; no , not worth a Brummingham . A plain Countrey Yeoman has neither Hopes nor Fears at Court ( the wiser and happyer Man he ) He is neither fearful a Commission to lose , nor in hopes of a Commission to get ; But values his Oath , his Soul , and his Conscience above all .

You talk of an Ignoramus-Jury in London , we 'll match them in Essex with Billa-vera-Men ; you talk of a Whigg-Jury , we can match them with a Tory-Jury : Does not the London-Juries Idolize the Men of Doctor's-Commons ? Bring Doctor's-Commons-Men into Essex , and tho most abominable contemners of Statutes , Oppressors , Extortioners , Buyers and Sellers of Offices , and ( they know all this is true , except their Consciences be hardned ) yet let them come into Essex , and ( as the common Strumpet said to the Fellow that call'd her Whore , which she knew as well or better than he ) you , Sirra , Villain , I would you would prove me a Whore , Sirra ; Bear Witness — Neighbours — Scandal . Magn. — he calls me Whore , Scarlet Whore — bear Witness —

Sir Thomas Exton must be call'd too , as a Witness , for his Master the Bishop ( a very good Witness said the Judge and the Council ) a Man untainted , they meant unattainted , unconvicted , as yet ; a Blot is no Blot 'till it be hit ; if I live it shall be as well as Betts and Morris — But what had Sir Thomas to do at a Parish-meeting , in the Parish of St. Buttolphs in Colchester ? No , that 's true ; But he was not produc'd as a Witness to prove the Declaration ; No , no ; a good reason why , he could not swear , when he was not there ; But he was call'd to prove some private Discourse that the Defendant had with him , in his private Chamber , whither the Defendant came ( in Doctors Commons , they being old Acquaintance ) and the Defendant desired the said Doctor Exton to mediate an Accommodation betwixt him and the Bishop , as a common Friend to both ; which Sir Thomas undertook to do , when the Defendant had ingenuously made a private Confession to him of the truth of the Case , to the very same effect , that the Defendants Witnesses unanimously swore it ; namely , that the Defendant did speak of a Printed Paper , which the Plantiff sent down to every Clergy-man , beginning with these Words — Good Brother — &c. and ending with these Words — Your Lo. Brother , H. London .

In which Paper the Bishop recommended to the Clergy the Observation of the 65. 66. and 3. Canons or Constitutions of Forty ; ( which the Defendant said again in open Court were so far from being according to Law , that it was Non-sence , forasmuch as the Constitutions of Forty , have not 65 nor 66 Canons , nor above eleven , and therefore it was Insolence or Impudence , to lay upon the Clergy Burdens not to be born , and Duties impossible to be observ'd ; forasmuch as it is Non-sence to bid them observe the 65 and 66 Canons and 3d of the Constitutions of Forty ; there is not so many , and yet there is enow of those Lambeth-Canons , which ( the Defendant said ) do seem to have a mark of Non-allowance by the 13 Car. 2. 12. For if the Words of that Statute leave those Canons of 1640 , only just in statu quo , then the mentioning the — not confirming them , &c. in the said Statute , signifies nothing at all ; for so those Canons would have been ( in statu quo ) altho that Statute had never been made ; which Law , the Defendant said , if the Bishop knew not , it was his Ignorance ; if he did know it , it was Insolence to oppose his Sence and Judgment to that of the King and Parliament ; and to impose impossibilities upon the Clergy .

And this Defendant confessed again , that those Words he did say , and if the Bishop be aggriev'd thereat , he is at Liberty ( if he have not enough of this ) to bring another Action of Scandal . Magnat . if he pleased , but not being the Words of the Declaration , that , and what Sir Thomas Exton witnessed was nothing ( as the Judg fairly told the Jury ) to this present Action .

But this must be said for Sir Thomas Exton , he did his good Will , and no doubt but he will reap the Thanks for the same , and perhaps be the better for the Defendants Money ( when they can catch it ) but no Jusuite could equivocate more than Sir Thomas did , when he first gave his Evidence against the Defendant upon Oath .

For he had the Words — Ignorance — and Impudence — spoken of the Bishop ; ( which come pretty near to those Words in the Declaration — Impudent Man — and Ignorant Man — but being not the same , could not affect , nor ought not to affect the Jury ( as the Judge honestly told them , and less he could not say ) as to the proof of the Declaration ; for the all , the stress , and weight of that , lay solely and singly upon little Harris his Evidence .

And for that cause , The Defendant neglected Sir Thomas his Evidence , as impertinent to the matter in hand ; but I thank you , — Latet Anguis in Herbâ .

When Sir George perceived that the Defendant had ( and willingly ) slighted it , and neglected to examine Sir Thomas Exton about the Colloquium and foregoing Discourse preceding the Words — Ignorance — and Impudence — which when afterwards confessed by Sir Thomas upon the Defendants reexamining him , and quite altering the Sence ) to see , how Sir George ( when he thought the Defendant had done , and said all , and the Plantiffs Counsel claim'd the Privilidg ( that a sort of Females claim ) of having the last Word , ) to see , and hear , I say , how Sir George and Sir Francis did mouth and open upon 't ; — Here is Sir Thomas Exton ( Gentlemen ) a Man of untainted Reputation , he speaks in effect the same thing , and almost the same Words , —

( And yet the Judg had said before , that what Sir Thomas witnessed was nothing to the proof of the Declaration ; ) but Sir George spent many Words upon it notwithstanding — Whereupon the Defendant interrupted him , ( at which he stared and storm'd and fretted at a great rate , ) but to little purpose , for the Judg very mildly , bid the Defendant go on to examine Sir Thomas Exton more strictly , since they endeavour'd to make work with his Testimony , ( declared Impertinent to the present Cause now in Question , as aforesaid . ) Sir Thomas Exton , ( said the Defendant ) was there no Colloquium , no Discourse preceding nor subsequent to to the Words Ignorance , — and Impudence ? — Yes ; replyed Sir Thomas ; you were discoursing of a Printed Paper , and the Statute of 13 Car. 2. 12. which seems to disallow the Canons of Forty , which Statute ( you said ) if the Bishop did not know , it was his Ignorance , but , if he did know the same , it was Impudence to oppose his Sense and Judgment , to the Judgment of the King and Parliament .

And herein ( when it was almost too late ; herein , when he had almost forgot his Oath , ( which so lately he had sworn ) to speak the whole Truth , as well as nothing but the Truth ; herein , when the Jury and the Court was possest and prejudic'd with his Evidence first given of the Words — Ignorance — and Impudence three hours together , then indeed , upon further Examination the Truth was pump'd out of him : Oh! the Policy of this wicked World ! Some are wiser than some , at least some are crafty , wise to do Evil , but to do Good they have no Knowledg ; a Craft that is easily and readily learn'd ; for , any Man , that is not a very Fool , may soon arrive to be a Knave ; tho none but a Fool will be a Knave ; any Fool has Head-piece enough to be a Machiaveilian , if he have so little Wit as to be a Knave , and so bad a Heart as to be hard , or hardned in Mischief : For scarcely any Man wants Wit enough ( if he have but Wickedness enough ) to be a Knave or perfidious .

Then , the Defendant bid Sir Thomas Exton say , upon his Oath , on what occasion these Words were spoken to him by the Defendant in private , with him in his Chamber ? — To which the Doctor then ( and not 'till then ) replyed , That the Defendant came to him as his old Acquaintance , ( but a false Friend to be sure ) that he would use his Interest with the Bishop , to accommodate those Matters ; which honest Office of a Peace-maker Sir Thomas undertook , and promised to give the Defendant the Bishop's Answer with all convenient speed , the Bishop being then at his Country-House , at Fullham .

Ay ; But when the Defendant came again to his Chamber , to hear the Bishop's Answer , Sir Thomas begun with wrinckled Brows to tell this Defendant , That — Did he ( the Defendant ) think that after all the Mischiefs he had done ☞ to the Bishop's Courts ( Ay , there , there , it pinch'd ) in his late Books all the Kingdom over , that the Matter could be taken up with a private Submission in a parcel of fair and soft Words ? Will you ( quoth Sir Thomas ) publickly and in Print retract and refute your Books called the Naked-Truth ? Who , I ? ( replyed the Defendant ) what ? The same Hand that gave the Wound give the Cure ? What ? Vulnus opemque tulit ? continued Mr. Hickeringill . Nothing like it , quoth Sir Thomas ; No , no , ( replyed the Defendant ) you are high enough already , but I 'll see you all 〈◊〉 high as Pauls first ; whereupon the Defendant departed from him , for ever parted .

And let all ingenuous Gentlemen judge , how un-Knight-like , ungenteel , un-Christian , and Inhumane it was in Sir Thomas , to make his Table a Snare ; and to be an Evidence to improve ( tho he could not prove ) the present Action of Scandalum Magnatum , from Words ingenuously confessed to him in private as a Common-Friend and Mediator betwixt the Bishop and the Defendant .

Can any Man imagine , or can it be in the least probable , that any Man should give more scandalous Words against the Bishop , at the very time , and to the very Man that undertook to be a Peace-Maker ? and did not so much as take the least Exceptions against what was spoken ; but went to treat the Bishop to terms of Accommodation , until the Defendant peremptorily refused to retract , or write against the Books called the Naked-Truth , the Second Part ; in lieu of which Retraction , the Defendant did write again indeed , but mended the Matter , in the Black-Non-Conformist ; These are the dear , dear Books , that has cost the Defendant so dear , and must be his Ruine , if combined Clergy-Malice and Revenge-Ecclesiastical will do the Feat . Barnaby — Tak 't for a Warning , neither write nor speak ( as this Defendant has ) against the vile Corruptions , abominable Extortions of the Men of Doctor's-Commons ; Hem ! Heu ! Wo , and Alas ! Devorat Accipiter , vexat censura Columbas . The Birds of Prey are never vext , But the poor Doves must be perplext .

Or , thus ; Make Rome there for the Birds of Prey ; But fright the poor Doves quite away .

Let the Vexations , Citations , Actions , Articles , Promotions , Writs , Supplicavits , and Oaths of the Ecclesiastical-Men , and Men of Doctor's-Commons ( the only Affidavit-Men against Mr. Hickeringill ) be Chronicled to all Posterity ; together with that unconscionable , inhumane and outragious Fine of 2000 l. by a pick'd Jury ( pick'd and appointed on set purpose ) together with the Names of the precious Jury-men ; and let them pray that the righteous God do not deal as severely with them and theirs , to their ruine , as they have unmercifully and unchristianly ruin'd the Defendant and his Family , Wife and Children . ☞ God is Just ( not only hereafter , but ) in this World , wait and see the Finger of God in this Affair ; shall he not avenge his own Elect , tho he bear long with them ? Yea , he will avenge them speedily ; he must , he will , to vindicate his Word , his Gospel , his Christ , and his Apostles , ( publick Enemies to Prelatical Pride ) against all the Hypocrites that put on Religion , Religion ; the Church , the Church , for a Cloak to their Tantivee-Avarice , and high-flown Ambition . Good God! Arise , and let thine Enemies be scatter'd , and let all that hate thee , flee before thee . A single Arm has done Wonders when upheld by God .

We read indeed , Eph. 5. 11. that God gave some Apostles , some Prophets , and some Evangelists , and some Pastors and Teachers , for the perfecting of the Saints , for the work of the Ministry , &c.

But who the Devil brought that Man of Sin , that Son of Perdition into the Church ? 2 Tim. 2. 3 , 4. that sits in the Temple of God , and opposeth , and exalteth himself above all that is called God ? ( viz. the Magistrate . ) Away , Away , with these carnal millenaries , the Kingdom of Christ is not of this World , nor the true Apostles and Disciples of Christ ambitious to sit neither on the Pinnacle of the Temple , nor the Pinnacle of the Palace .

When Bishops begun to be very Rich , then , then , they begun to be high-minded and to trust in uncertain Riches , rather than in ( the Words of ) the living God , 1 Tim. 6. 17. the Words of our blessed Saviour and his Apostles against Tyrannical and Lordly Prelacy ; and when they left the Word , then they to clap their hands upon the tame Magistrates Sword , if one would not , the other should ; this is the plain Truth on 't , and observ'd by all that observe any thing . For who heeds their Excommunications , their Suspensions , their Silencings , their Ecclesiastical Mischiefs , Curses and Anathema's , if it were not for the old Writ invented first by Popish Prelates , and since and now still made use of to this day , to eeke out their Spiritual-Weapons , which every Man can take the length of .

The bloody and numerous Sect of the Donatists in Africa , what Mischief brought that Heresy to the Christian-World , and all the quarrel arose , because Donatus ( that Diotrephes that lov'd to have the preheminence , 3 Ep. Joh. 9. or , was ambitious of being a Prelate , as the Original properly signifies ) ruffled with Cecilianus for the Bishoprick of Carthage .

Solomon says , from Pride comes Contention ; for a Man ambitious to sit perking upon the Pinacle of the Temple ( the fittest place ( the crafty Devil thought ) to insinuate his Temptations upon our blessed Saviour ) he will endeavour to break that Man's Neck , that says come down , into the Seat of the Church amongst your Brethren , where our Saviour has plac'd you ; nay , and the ( honest ) Canons too .

What inhumane Cruelty did the Prelates ( in the Council of Constance ) exercise to poor John Wickliff , our Country-man , Rector of Lutterworth in Leicestershire , and ( his Naked-Truth in 45 Articles ) that cut them to the very Hearts , because it cut their Combs for them ; and not content with killing him , after he was buried one and forty years , they caused his Bones to be digged up ( barbarous and cruel Ecclesiasticks ! ) and to be burn'd ( inhumane Divines ! ) Nay , That great Advocate for Prelacy ( Sir George Jefferies ) in this Assizes , took notice , that of all the Witnesses that swear at the Assizes , the Clergy-men , the — Clergy tell the strangest Tales , and the most oddely , and most impertinently , of all other Witnesses , ( perhaps 't is because they are forced to preach at the Assizes without Book . )

But of all the Clergy-Witnesses , never did any thing look so beshrimpen and appall'd as that same little Harris , the Bishop's special Witness ; truly the Man has reason to go snips , and have half of the 2000 l. given in Damages to the Bishop .

For neither the Bishop , nor any Man alive , had to this day ever heard of those scandalous Words in the Declaration , if he had not broach'd them , and been the Author of them ; for after the Defendant was gone , little imagining ( as neither any in the Company ) that any Offence was taken , or any Exceptions made , no not so much as by Harris ( the Man-catcher . ) The little Blade goes to another Room , writes what he lists , or what he remembers , ( and such a Man had need of a good Memory ) but 't is treacherous ; and out he brings his own Scandalum Magnatum , hoping to get some one in the Company to be ( if possible ) as wicked as his little Clergyship : But by God's good Providence missing his Aim , away he trudges , lest he should be called to an account for his own devised Scandals , and be forced to find the Author ; away trudges he , as fast as his wicked Legs could tremblingly carry him , to that old Piece of Malice , Sir J. S. that has always an open Heart , as well as open Ears , at a Piece of Mischief against the Defendant . Harris could scarcely ( on this side Hell ) have met with a fitter Tutor , whose Friendship is Artifice and superficial ; but his Malice , Revenge , and Wickedness is natural , innate , deep , as his own , own Self . Nor could any Present be more welcome to the Bishop ( it seems by the consequence ) than Articles against the Man that finds such fault with his illegal Confirmations , Visitations , Vexations , &c.

Therefore call a Court — come to the Cabal — all the Breath-sellers , whose Trade also is endangered by the wicked Defendant : Search old Statutes , ( for the promoting whereof Empson and Dudley were hang'd ) vex and ruin ( by the Aid of a good Jury ) the Defendant , and his Family ; and only for a supposed Transgression , proved by a slender and self-contradicting Evidence , that swore three times , and every time varied ; and yet ( I 'le warrant ) he had said them over and over , since last Easter , oftner than he had said his Prayers : but he was not suffered to swear by Book , tho he prayes and preaches all by Book . )

For if ( at the first time ) he swore the Words true , the other was false and he a false Varlet , and not to be believed by any Jury , that were not resolved ; and some would not have been suffered to attempt the third time , especially ,

1. He was but a single Evidence , and therefore neither the Bishop ought to have believed him at first , nor the Jury now , swearing against a Presbyter ; because the Holy Scripture ( as the Defendant urged ) ought to have some respect and observance , ( from a Bishop especially ) who is commanded , against ☜ an Elder not ( so much as ) to receive an Accusation , but under two or three Witnesses .

2. This little Witness was not to be believed , because point-blank contraried by six substantial Witnesses , who were not negative Witnesses only , but affirmative and positive : for they did not only swear they did not hear any such Words , but all jointly and positively affirmed , that they heard the whole Discourse , heard all the Words , and well remembred them , because Harris ( after the Defendant's departure , not before ) going into another Room , and writing other Words than the Defendant spake , and bringing them to the rest of the Company to subscribe , they writ down the true Words whilst fresh in their Memories , and all turn'd Abhorrers of so vile a Man , and so wicked a Design : And all this was upon Oath made appear to the Judg and Jury , by the Oaths of all the six Witnesses ; but no notice was taken of it by the Judg , when he summ'd up the Evidence , otherwise than that he honestly said , the Evidence on both sides was quite contrary one to another , and could not be both true . And who could imagine , that an unbiass'd Jury should judg six honest Lay-men , ☞ ( that had no design but Truth ) should swear false , in compliance with a puny Clergy-man , not worthy a Name or Company amongst honest Men , ( such Man-catchers should be avoided by all Men , as Enemies to all Commerce and Conversation ) and such a Fellow too as swears for himself indeed ; for he is the Author of the Scandalum Magnatum , if he could not father his Lies upon the Defendant , as he has done , thank a good Jury , by special Orders of the Bench to the High-Sheriff himself , to pick them , and empannel them throughout the County . And the Jury-Men for Estates and Quality were well enough , but not one of them any other than such as know who and who is together ; and all or most of them in Commission and Dependance for their Places and Offices , at the Arbitrement of —

3. How improbable is it , that the Defendant should put a Dagger into his Enemy's Hand , the Hand of a Creature that came to take his Benefice from him and to eat the Bread out of his Mouth ?

4. How probable is it that one single Evidence may and must forswear himself in this Case , when six Men contradict him at the same Time and Minute , soon after the Words were spoken ?

5. How improbable it is , that a Man should truly repeat another Man's Discourse , that cannot repeat his own Discourse and Words off-Book , in Sermon or Prayers , or now upon Oath ?

6. How improbable it is , that one Man should swear Truth against all the rest of the Company , who are so positive in what they heard , and then swore unto , unanimously and constantly , like honest Men , when no Persuasions , no Motives , no Temptations , could alter them ? ( for they had all been tamper'd with , and Mr. Edgar , Mr. Hill , and Daniel Howlet were subpoena'd for the Plantiff . ) But all would not do to win them for the Bishop's side , and make them face about .

7. Lastly ; What Jury alive ( except this ) could , against the Evidence of so many substantial Witnesses , credit one single Creature , that was so infamous ?

First ; For deserting his Flock , that he swore to feed , and was bound by Oath , by Law of God and Man , Justice , Conscience , Equity , and Christianity , to look after , and mind the Cure of them , and take the Care and Charge , but neglected by him three Quarters of a Year together ; and whilst the Fleece grows , he is hired to another Flock , staying till Summer ( till the Wooll be grown ) before he goes down to clip them .

Secondly ; Infamous , because he had forsworn himself before this time , ( as the Right Honourable the Earl of Lincoln there in Court testified upon his Oath . ) When Harris was his Chaplain , and having often broke his Word with the Earl , and told him many a Lie , he was not willing any more to trust him upon the Security of his bare Word ; whereupon Harris takes up a Greek Testament that lay upon the Table , and solemnly imprecates , by all the Mercies and Benefits that he should receive by the Contents of that Holy Book , he would return to the Earl ( at furrhest ) on the next Saturday , and so be ready the next day to officiate , except Sickness prevented .

But the Gentleman came not home till the Tuesday following , and then came with Tears in his Eyes , that is , ( as the Earl upon his Oath explain'd it ) drunk , maudline-drunk . And the Earl said , it was some considerable time , and not till his Servants took notice of it to him , that Weeping was the certain Symptom of his being in Drink ; that as other Men rant and tear , and swear when they are drunk , this little Episcopal Tool always wept when he was drunk . Whereupon the Earl ( one time when he saw him weep ) ask'd him , What ail'd him ? Harris answered , That he had a Sister an Apprentice in the Exchange , and that he had heard sad News of her , namely , that her Mistress and she had quarrell'd , and had some hard Words together . Another time he said he wept , because he had an Vncle lately dead . This was over-night , but the next day , when the Earl ask'd him of the Quarrel betwixt his Sister and her Dame , and of the Death of his Vncle , ( at another time ) Harris star'd at him , and ask'd his Lordship , what he meant by these Matters ? for he could not imagine what the Earl should mean by such Questions ; he said ( indeed ) he had a Sister an Apprentice , he had an Vncle , but never heard of his Death , nor ( at the other time ) of the said Female-Bickering .

And as for the Solemn Oath that he had took and broke , he told the Earl , There was a Cause for his Stay , for he was in pursuit of a Girl , whom he intended also to marry , ( and he was as good as his Word in that , for this Episcopal Implement has her ( much good may she do him ) Body and Bones .

But would any Jury , that were not of Tory-Consciences , credit the single Testimony of this Bishop's Engine , when ( it was prov'd ) that he abandon'd all his Interest that he expected in the Mercies and Benefits of the Gospel , and the Merits of our blessed Redeemer , for a Fit of Wooing , or in pursuit of a Wench .

Or , set a profligate Clergy-man in competition with six honest , substantial Laymen , and Men of unstained Honesty and Reputation , except the Tories are Eagle-sighted , nimble and quick to foresee the Inundation of Popery , that ( they senslesly imagine ) is coming , tumbling in apace ; ( But I hope God will preserve his Majesty with longer Life than any of his Father's Children ; that as he is the Alpha , he may be the Omega , the last as well as the first of his Father's Children . Thus I prophesy as I would have it , not ( I confess ) according to the Course of Nature , nor according to the bloody Principles and bloody Plots of Papists , who ( as it is undoubtedly known , even by them that ridicule the Popish Plot ) never spare any Prince that is not ( at least in Heart ) Heretical , and of whose Inclination they have not good Assurance , longer than they think good , or can come at him . I say , the Jury possibly were quicker-sighted than other Mortals , and could foresee the speedy Appearances of approaching Popery , if all be Gospel , and infallible , that comes from a Clergy-man , ( tho he be as lewd and bad as the Irish Friar , Teague O Divelly ) ; but Lay-men are not to be believed against a Clergy-man , ( this is the Council of Trent , right ! just right ! ) nor to have the Benefit of the Clergy ; You must not expect it , Gentlemen ; never look for it , ( you Lay-men ! ) till you come to be hang'd . From a Tory-Jury , Good Lord deliver us : That 's as honest a Letany , as that Letany that used to be read or sung just before the Mass , I do not mean that Letany , ( where 's Harris with his Innuendo ? the Popish — Suffer me to explain my self ; do not lie at catch , and at snap ; I do not mean that Letany ) wherein was the Suffrage now blotted out , and thought by the Wise ( who think themselves wise enough to make our Prayers for us in spite of our Teeth ) to be omitted , and left out , for fear ( no doubt ) of displeasing his Holiness , — namely , — From the Bishop of Rome , and all his vile Enormities , good Lord deliver us .

But since neither the Act of Vniformity , nor the Common-prayer-Book , does license us ( as once it , did ) to pray so against the Pope● ; yet I will take liberty ( without asking leave of an Act of Uniformity , or a Common-prayer-Book , ) to pray , — From a Tory Jury ( of forlorn , desperate , and hardned Consciences ) — Good Lord deliver us . I ( once ) thought , the Defendant might have ventur'd his Life in the hands of this Genteel Jury , one Moyety Knights , I 'le assure you ; but ( as Coleman said at the Gallows , when his Devil fail'd him ) There is no Truth in Men. When Power and Interest does but plead against it , there is no Oath so sacred , but some sort of Judges and Jury-men will break it without any regard . Ay , ay , the honest Lord Chief Justice Hale is dead and gone , in his Room ( seldom comes a better ) came Sir Will . Scroggs , but , as thought unmeet , discharged ; but to mend the Market , ( who ☞ comes there ? ) who comes next ? Sir Francis Pemberton , the present Judg in this Cause .

With whom we will ( as he did ) conclude this Trial ( for I have enough on 't , if you knew all , whatever the Reader has ) Sir Francis summing up the Evidence , and directing the Jury , to this effect , — namely , —

That this Action was brought by the Bishop of London , against Mr. Hickeringill , upon the Statute — ( Scandal . Magnat . ) for speaking scandalous Words of his Lordship , and such Words ( he told them ) as the Defendant himself ingenuously acknowledged . ( Such a Rehearsal transpros'd would fright a Man from ever making an ingenuous Acknowledgment whilst he lived : If a Man be not submissive , then he is proud and obstinate , and justifies , ( an Aggravation , an Aggravation , as Mr. Withins said ) but if he be coming , they 'll take him o' the Chaps , and make him stand further off ; but this is the Policy : The Judg said , that the Defendant acknowledged ) that if he had said the Words modo & formâ , as they are laid in the Declaration , the Jury could not punish him enough . ( This 't is to be courtly and complemental , a Man that is not us'd to it neither ; for really and truly the Words in the Declaration ( the Lawyers say ) are not actionable , except the last Innuendo , the Popish Plot , had been proved ; and instead of an Innuendo , Harris swore — Plot against my righteous Name : It is besides impossible to be prov'd by this Declaration , because no preceding Colloquium is laid ; ( but this 't is to be civil , and to make Concessions , without which the Judg would have been put to 't to have directed the Jury , as to the Scandal of them , or the Law in that Point . For 't is not Scandal . Magnat . ( the Learned say ) to say , — His Lordship is very ignorant , because 't is true of him , ( and of wiser Men , and better Men than ☞ Henry Bishop of London ) and therefore cannot be Lies , and scandalous , or within that Statute .

The Bishop of London for Knowledg and Wisdom is not worthy to carry St. Paul's Books , Cloak , or Parchments after him , if he were alive ; and yet that blessed Apostle ( that could cast out Devils with a word ) confesses he was very ignorant , and knew nothing as he ought to know .

But not to insist of Divinity , to come to Philosophy , the wisest Man of Greece , and the chief of the seven wise Men of Greece , ( to whom the Oracle of Apollo awarded the Golden Tripos ) confess'd he was so ignorant , that he knew nothing but only this , namely , he knew that he was very ignorant , or knew nothing : Hoc tantum scio , quòd nihil scio .

'T is Atheism to say , that St. Paul made that ingenuous Confession of his Ignorance , ( in that and many more Places ) only in Complement , ( as some that are as proud as Lucifer , or as the Devil can make them , will yet say , — Your humble Servant . )

For Shame — Away with these Scandal . Magnat.'s , and undoing Men and Families for speaking nothing but the Naked-Truth , and which the Bishop of London cannot , without blushing refuse to acknowledg that His Lordship is ☜ very Ignorant .

Which , if he does acknowledg , the Defendant and he are agreed in one certain Naked-Truth .

But if his Lordship does not acknowledg that he is very ignorant , all the wisemen of Man-kind must condemn him , as very ignorant ; For none but he that does not know himself , none ( but a Fool ) but must know and acknowledg themselves to be very ignorant : 'T is true , the Issue is Non-Culp . because the Defendant never spoke those Words as they are ( modo & formâ ) laid singly , by themselves , in the second Count of the Declaration ; and all the Witnesses ( except Harris ) ( nay , Exton the Doctor 's Commons Man too ) says that the Word Ignorance had reference to the Law or Statute , of which , tho a Bishop be ignorant , yet it is no blemish nor scandal to him : Nay , scarce a Bishop in England understands , or ever read so much Law as the Defendant , yet it is no Scandal to them , nor disparagement ; Nay , Harris himself at last confesses , that the Ignorance and the Impudence had reference to the Printed Paper and the Canons of Forty ; and therefore these Words — His Lordship is very Ignorant , could never ( as laid in the second Count singly ) be spoken in Manner and Form as they are laid in the Declaration .

But were the Bishop of London ( really and truly ) wiser than Solomon , St. Paul , or Socrates , yet it is as clear as the Sun at Noon-day , that he was ignorant in tanto ( whatever he might be in toto ; ) namely , ignorant in so much , and in that ( which occasion'd all this Discourse ) namely , in sending Harris with a Sequestration of the Benefits , and the small Tithes of the Parish of St. Buttolph's ( the place of this Contest , and also the occasion too ) in Colchester ; when the said small Tithes and Benefits , nay , all Tithes , both small and great Tithes , of St. Buttolph's Parish appertain to the Defendant , as Rector of the Rectory of All-Saints , and has been enjoyed by his Predecessors since the Raign of Henry the 8th , and so to continue for ever , as is more fully declared pag. 27. of the Black-Non-Conformist , and therefore it is no Lye , ( and therefore not within the said Statute of Scandal . Magnat . ) but a great Truth , tho a costly one . Truth has been a dear Commodity to this Defendant , but still it is too true , that the Bishop was very ignorant in sending such a Sequestration ; it had been better for the Defendant by 2000 l. if he had been wiser , and then this sad occasion had never come : ( hard Case ! ) to be whip'd on another's Back , and taken up at these Years for other Men's Faults ; and that the Bishop should without Law disturb the Defendant's Title to his Free-hold , and then by the help of his Tool and Utensil , and a good Jury , ruine him for complaining when he is pinch'd .

The Itch , the Scab , the Morphew , the Boyls , the Uncombs , the Carbuncles , the Leprosy , the Pimples , ( a Pox ) and the Nodes , are but Skin-Diseases , and Deformities coming immediately from the vicious Ros , and Gluten of the third Concoction ; ( at third hand , poor par-boyling Function , but it cannot help it ) for the Mischief , the Mischief , the Author and Origine of all this Mischief , is the first Ventricle , that 's erronious , and out of order .

If the Bishop ( the Original Cause of all this Discourse and Stir , in sending down a Sequestration of the small Tithes of St. Buttolphs ( the Defendant's Free-hold ) by this same Harris , in hopes to do the Defendant a Mischief or Displeasure , ) had not been mistaken in this his Attempt , these Evils had not come , they were but the third Concoction , and necessary Consequents of the bishop's Error . Except some thought perhaps that Mr. Hickeringill is ( as Heraclitus now calls him ) an Ass , good for nothing but to be burthen'd ; or , worse than a Worm , and — should say — Prelate come tread me , come , stamp upon me . I know , such an Ass-like sottishness had been , ( as it proves ) the wisest way , because the cheapest way , — But what Patience can endure to be so nusled ?

And so the Word — Impudent — if ( as it ought ) it have reference to that nonsensical ( at least ) Imposition , upon the Clergy , and to the Statute ; who can deny but that it is Insolence and Impudence too , for a Bishop so to insult over the Clergy , as either to recommend to them Articles to observe , which are no where to be found , or which interfere , or are not warranted by the Statute ?

And if the Defendant had not been over-ruled by a sort of Lawyers , he would have pleaded the Words , specially as they were spoken , absque hoc , &c. And not to come upon an Issue Non-Culp . — against a Fellow that ( every Body assur'd him ) would swear right-down Thump ; and yet his Memory fail'd him , for he could not for his Life repeat the first Words , right ; nor any one time repeat them , one like another and uniform . But let the World judge , whether any sorry Witness be not good enough , when a Bishop is Plantiff , and before such a Jury , and such a — ( God help ! ) it will not always be thus ; Let not the Tory Pamphleteers ever henceforth prate of an Ignoramus-Jury ; Here 's a Billa-vera Jury ( an Essex-Jury to a Proverb ) that shall give them half way , and yet over-run them : ( But all this long Parenthesis by the way . ) Sir Francis Pemberton goes on to this Effect , tho not perhaps in the very Words , — That the Jury had heard the Defendant's ingenuous Acknowledgment , and that he must direct them to find good Damages , if they find for the Plantiff ; saying that the Bishop of London is a worthy and learned Bishop , as any in England ( that 's a large Place , and a large Word , and a large Comparison ; I know not how ☞ the old Arch-Bishop of Canterhury would take it , if he should hear on 't ; ) and therefore ( quoth the Judg ) you must vindicate his Lordship's Reputation , and give good Damages , if you find the Words —

And they are sworn unto , by one that is a Clergy-man ; he is ( said the Judg ) a single Witness ( for what Sir Thomas Exton says , ( he told them ) they must not take to be any proof of this Declaration ) but if they find that this single Witness swears true , contrary to the other six for the Defendant ; ( for , he said , he must say the Evidence is quite contrary one to the other , and cannot both be true ; ) then ( if they find for the Plantiff ) he told them they might have some respect to Sir Thomas Exton's Evidence in Aggravation of Damages : but said again , ( very honestly ) that Sir Thomas proved nothing as to the Declaration ; but told them that Sir Thomas Exton is a Man of unstained Reputation ; the Judg not reflecting in the least , upon the known and constant Extortions and Corruptions of Doctor's-Commons ; nor , taking the least notice of Dr. Exton's disingenuity , in being a publick Evidence in Aggravation , for Words spoken upon treaty of Submission , and as to a Friend , and without any exception or disgust , ( well liked of , by the Doctor , ) at least , unmanly to make his Table a Snare , except a Man had spoke Treason ; ( but this is the Candor of an Ecclesiastical-Lay-Elder , or Lay-Vicar General ; ) For that is his place , he is the Bishop of London's Vicar-General , the Bishop cannot help it , he has a Patent for it for his Life , granted by Humphrey late Bishop of London : Good doings ! when our Souls must be Tutor'd by a Lay-Vicar that cannot preach , but has got a Patent to send us to the Devil , and ( at his good Pleasure ) back again ; rare doings ! This is the Man of Reputation , ) who is ( the Judg goes on ) unblemish'd in his Repute : telling the Jury , that he must say , as to the Reputation of this single Evidence for the Plantiff ( for indeed the Cause depends wholly upon his single Reputation ) and that tho Non-residence be an ill thing , and that is prov'd upon him , and cannot be denied ; yet a Man may be a good Witness , tho he do transgress a Statute ; none of us ( said he ) but do transgress a Statute some time or other . ( Note by the way , this is not the same Direction given at Mr. Rouse's Trial , when for the Breach of a Statute ( of Vniformity ) the Dissenters could not be admitted to be Jury-men , ( the Black Non-Conformist is good for something yet , for since the publishing of the Black Nonconformist those new Laws are not repeated ; ) and if they are by the Breach of a Statute uncapable of giving a Verdict , surely they are much more incapacitated to give an Evidence . But he goes on — telling the Jury , Non-residence is not good , it is an ill thing , ( indeed it is ) but God forbid but a Man may be believed upon his Oath , tho he be Non-resident . ( And no doubt on 't , 't is very true , and so may a Non-conformist also surely , ( God forbid else ) and with much more reason : For the one sins ( if Non-conformity be such a Sin ) out of Weakness ; but this Non-resident ( whom the Judg excus'd ) has sinn'd three Quarters of a Year wilfully and wickedly ; a vast difference ! ( How many Blemishes can Episcopal Favour draw a Curtain over , and hide ! ) And indeed the Judg ( if a Body may say so ) mightily mistook ( through want of Memory , or ☜ worse ) in summing up the Evidence thus to the Jury : for the Defendant did not examine and force the Clergy-men to swear Harris's Non-residence , as thereby uncapable of being a Witness , ( as the Judg summ'd it ) the Defendant was never guilty of such Nonsence and Impertinence , ( and therefore the Judg mistook himself ) but the Defendant made the Clergy-men ( that brought to support Harris his Credit ) to swear his Non-residence , that with their own Tongues they might swear that they themselves were not Men of Credit , nor sit to be believed , and therefore more unfit to prop another Man's Credit , that had ruin'd ( for ever ) their own , by swearing contrary things , and impossible to be true ; namely , That they never knew any ill thing by him , and yet they were forced after that to swear him a Non-resident , that ( contrary to his Oath Canonical , and his Duty to God and his Flock , ) had left them to a Log-river , that cannot read his Accidence , much less supply his own Cure , the said Mr. Sylls . ( The Nonconformists have not got all the Mechanick Preachers , the Church of England hath got some , Log-rivers , Broken Trades-men , and I know who . ) But listen to the Judg , how he goes on , but takes no notice of what the Earl of Lincoln swore against Harris , no notice of his forswearing himself for the Company of a ☜ Wench , no notice of his being a Maudlin-Drunkard , no notice of Harris his Design to ensnare the said Earl out of the Fee-simple of the Manor of Throckingham , 300 l. per annum , by a Deed writ in Court-hand , which he thought the Earl could not read , when the Earl intended only to settle the Mannor of Throckingham ; and for this piece of Knavery , the Earl swore , that he was credibly informed , that Harris was to have , if it succeeded , a hundred Guinnies . Nemo repentè fit improbus ; No Man can be a great Rogue per saltum , suddenly ; Villany , like Youth , must have time to grow , gradatim . But the Honest Judg took no notice of the Villany sworn against this Harris , and thus particulariz'd by that Noble Earl , that scarce a Jury in the World would hang a Dog upon such Evidence . But listen to what the Judg said , to this effect , telling the Jury that he left it to them . But on the other side , said the Judg , the Defendant has made indeed a very large Defence , and has told true , that this Statute of 2 Rich. 2. upon which this Action of Scandal . Magnat . is brought , was made when Popish Prelates bore a great Sway ; but it is not repealed , ( remember that ) it is in force , and is not yet repealed . And tho ( as the Defendant hath alledged ) Religion now is not the same , nor has the same Head , nor the same Face consequently ; yet the Statute is not repealed . The Defendant has produc'd six Witnesses , to contradict the Bishop's single Witness : they do swear contrary one to another , both their Testimonies cannot be true : They swear , that some of them writ down the Words , upon Mr. Harris his coming to them to have them subscribe his Paper , which they refused , saying , soon after the Words were spoken , that the Words were not so spoken by the Defendant , but so and so , as now they all unanimously still agree in ; and if you believe them , you must find for the Defendant .

Thus have I given the Reader a true Account , and also an ample and full Account of this Trial ( so much talk'd of ) nor have I omitted any one material Thing , spoken by the Counsel , or the Judg , or given in Evidence , on either side , but without partiality have given a faithful Account .

But the Jury withdrawing , ( and Dinner ready ) the Crier adjourn'd the Court ; but before he had fully cry'd out his Cry , Hold , hold , cries Sir George Jefferies , and Sir Francis Withens , to the Crier ; and he obeyed : whilst they whisper'd to the Judg , and desired him to stay a little longer , for the Jury would speedily return ( they knew their Minds and Resolutions belike ) with their Verdict , thinking and intending to snap the Defendant in Court , and have him committed to Prison , if they knew how , without Bail , as the Statute enjoins in the Case , if scandalous Words be found ( by the Verdict of Twelve Men ) to be spoken of a Prelate . — Make Room there — Take heed , Gentlemen , take warning ; and if you will avoid hard Imprisonment , and 2000 l. and an unmerciful and cruel Jury , speak not against the Prelate — not a Word , no , tho it be God's Word ; and therefore make an Index Expurgatorius , and blot out of your Bibles , Luk. 22 , 25 , 26 , 27. and 2 Pet. 5. 2 , 3. and 1 Tim. 5. 21. 1 Tim. 3. 3 , 6. Acts 20. 29. For these , and many more , condemn a brawling , proud , young , covetous Action-driver , and Promoter , ( tho a ☞ Prelate , so much the worse ) condemn all Prelacy that insults over , tyrannizes over , or lords over the Brethren , and like greedy and grievous Wolves , entring in , not sparing the Flock ; as if the Flock of Christ was made to be eat up , and devoured , not to be fed ; and as if the rich Bishops could not thank God , and be content with their rich Palaces and Endowments , but they must enrich themselves with the Tears , Cries , and Groans of the Widow and Orphans ; A blessed Time !

But some say , That the Bishop of London intends to build Paul's with this 2000 l. ( when he gets it ) as far as 2000 l. will go . — I 'le speak more to that in the following Observations .

But first let us conclude the Trial. The Jury , after some Consultation amongst themselves , soon agreed upon their Verdict , being soon resolv'd upon the Premises , and the Conclusion , ( not before-hand surely ) but they made no great Pause upon the Matter ; the Case was a clear Case as any thing , not to be question'd , and about a Trifle — only — 5000 l. Damages . Who are you for ? a silly Question not to be nam'd ? Who are you for ?

For the Defendant , do you say ? ( a likely matter ) when there is a great Bishop , and Privy-Councellor , and great with the King and Court ; For the Defendant ? not a Man ( I dare say ) was so simple .

What! do you think wise Men do not know which side of their Bread the Butter lies on ?

And yet one of the Defendant's Counsel , ( for he had retain'd Counsel , and fee'd them again at the Assizes , rather to avoid the Imputation of Penury , than of any Intent he had to make use of them ) came to the Defendant whilst at Dinner , and whispering him in the Ear , assur'd him that the private Verdict was given in , and for the Defendant .

After him came another with the same Errand , whether deceived through Weakness , or designing to deceive the Defendant through Wickedness , I shall not determine .

This is certain , the Plot was to inveigle the Defendant into the belief of the Verdict , which the Defendant did so far believe , ( for neither he , nor any unbiass'd Men could imagine any other Verdict than for the Defendant ; the Declaration being but stammeringly , uncertainly , variously , and contrarily repeated by the Episcopal Implement , little Harris ; himself prov'd infamous by a Noble Peer , ( whose Oath not to credit , was the greater Scandal . Magnat . of the two ) and ex abundanti , six substantial Witnesses contradicting that infamous Engine of Wickedness . ) Besides , the Declaration not prov'd in the least , namely , that the Scandals were spoken before divers the King's Subjects : Here was but one Subject , and he none of the best . And accordingly the Defendant was treating with his Landlord at the White-Horse , how and with what suitable Accommodation to treat the Jury , ( for that is the Custom belike ) ; but the Jury were wiser , and expected a better Treat , ( for a quite-contrary Verdict ) by a greater Purse .

The Plot was to cajole the Defendant into a good Opinion of the Privy-Verdict , that so staying in Town , the Adversary might snap him with a Caption , ready cut and dried , to hale him to Jail . And if they had succeeded in that After-Game , it had been to them worth ten such Verdicts ; for if they had got him into Lobs-pound for six Months , I do not know but the Stone Doublet might have lasted him his Life-time .

But they were not more cunning than he was crafty ; and being inform'd by his faithful Friends ( that could see as far into a Mill-stone as the best of them ) and as privy as the nasty Verdict was , they scented it : And thereupon the Defendant , with five more of his Friends , took Horse , and rid for London , where he now is , giving their Wiles the Go-by , to their great Grief , and will not appear till he list , in good Time , and when Time shall serve . We 'll catch him , We 'll pound him , quoth ( Sir Sun ) — My Friends — it is not to be done .

For a Man that is in safe Harbour to put out to Sea ( 'till the Storm be over ) argues Folly indeed ; the Fool ( Solomon says ) goes to the Correction of the Stocks ; or , puts his Neck into the Collar .

To abscond for Treason , Murder , Robbery , Fellony or Debt , would indeed be dishonourable to the Author of Naked Truth .

But , ( blessed be God , ) The Man-Catchers have laid nothing ( as yet ) to his Charge , but Words spoken against their pretty-Courts and Prelates , and these wrested ( too ) from their true meaning , ( as shall be proved hereafter in the Supplicavit-Business . ) If worthy Men , and Men of great Reputation and Renown may be credited so much as Harris and the six Proctors .

And these accuse the Defendant of nothing but some rash Words ; ( take them at the worst ) they lay no Crime to his Charge , but such as is common to Men , especially to Men of the Defendant's Complexion .

For he is a Man subject ( above many others ) to many Infirmities , somewhat Cholorick by Nature and Constitution , ( which tho he strives ( through Grace ) to quell , yet 't is hard quite to extirpate Nature . ) But if none but such ( as never spoke a rash Word , nor ever spoke worse Words than is laid to the Defendant's Charge ) should cast the first Stone at him , or put him in Jaile , 't is hoped he might safely walk the Streets again , and go to his Grave in Peace .

In the Interim he absconds neither for Debt , Treason nor Felony , ( that 's a great Mercy in these shamming-Times ) but enjoys the Happiness of walking incognito ( a Happiness that Princes seldom can arrive unto , and because of their publick-Station are ( in vain ) ambitious of ) and sees and hears what 's done in the World , sees and observes — sees and takes Notes — sees , ( as in a Balcony ) the bustling Cavalcade in the Streets , and yet not annoyed with the clamorous and sweaty Crowd ; sees and is not seen — There 's the Pleasure as well as the Grandieur of Retirement , a Grandieur that great Men may envy , but uncapable to obtain the Felicity , as well as the Safety , the Quiet and the Security ; made the more conformable by Necessity and the gentle hand of God ; ( for some good end no doubt ) a Retirement happily freed from the Noise and Business of the World , the bawlings , brawlings and yawlings , the bustle and ruffle of the Barr and Pulpit , the throng and crowd of vexatious Turmoils and impertinent Visits ; ( a Happiness not 'till now enjoyed , ) to be buried alive , to be buried and yet live , in hopes of a joyful arising ; to be buried safe from the poynant Malice of Enemies , ( for Envy ceases in the Grave , and they are malicious to purpose , that envy him this poor-play of — Hide and Seek — and Bo-peep : ) and yet alive and brisk still with some Friends , and with his best Friend on Earth — His Loyal Consort ; the happy Mother of ten lusty Children , and seven alive still , blessed be God ; Heirs enough for his Estate , and Estate enough for his Heirs , if the Bishop do not make them poor enough — ( God knows ; ) at least — It is to be fear'd — Nobleness of Nature is not every Body's Portion ; But God help , however ; For the Defendant ( if he be wise ) will never beggar himself and his Family , to build Cathedrals for Singing-Boys — be as cunning as they can — And they are subtle — very subtle — Ay — so they are — and so might others too , with one quarter of the Power they have in their Hands ; — Fight on Macduff , And let him fall that first says , Hold ! — enough .

Before ( it came to ) Extremity , has not the Defendant studied Peace and pursued it , once , twice , thrice — if possible — And as much as in him lies , ( as you will hear anon ) by all the methods and ways of Meekness and Submission , as far as is consistant with a Man of Honour ?

And have they not been inexorable , and like the Meridian-Shadows ( of Men running North-ward ) which flys the faster , the faster they are pursued ? Are they not inexorable to any Terms , but what is worse than Death , and ill becomes a Gentleman or a Christian ?

Has the Defendant lived fifty Years in the World , and travell'd half the Globe of the Universe , with all the advantages of an ingenuous Education , in studying Men and Books , and is he yet to seek to know such Men ? He knows what is in Man ; knows what is in Men flush'd with Power and Interest , and flesh'd with Success and Revenge .

Let them be beaten with their own Rod , which with such Industry , Joy , Interest , Friends , Power , Glory , and Combination they have so eagerly contriv'd : — The Scabbard's thrown away — Come on Macduff , And Coward he that first says — Hold ! — enough .

Honesty is the best Policy , and so ( Machiavellians ) will find ( to their cost ) in time ; and Christianity is the greatest Wisdom ; and Persecution , Tyranny , Oppression , and Extortion the greatest Folly in the World ! But , Oh ye Fools ! when will ye be Wise ? saith Solomon , when will ye be good ? Never , never , some Men will never be good ( but like a Spaniel ) 'till they be beaten to 't , by ( the Mistress of Fools ) woful Experience , and too late .

A little Honesty and Christianity is soon and easily attained unto ; and will do Wonders in Government , and with ease ; whereas , ( as a Lyar had need have a good Memory , and yet is often put to his Trumps ) a Machiavellian , with all his Quirks , and Shams , and Subornings , and Tricks , is as very a Fool as Pope Alexander the 6th , and his Son Caesar Borgias , ( to whom ( the Florentine ) Machiavel , was both Secretary and Tutor in that Black-Art , called ( Maachiavellian ) Policy ) both of them coming to an ill end and a violent Death , falling into the very Pit they digg'd for others , and poyson'd with the very Druggs they prepar'd for the Italian-Princes , by the just Judgment of the righteous God — that sits in Heaven , and laughs ( the Atheist ) to Scorn — yea — the Lord shall have them in Derision .

And let some Men triumph , crow , and insult , at the Victory they have got by a little-Tool , and especially ( that same special-Jury ) and glory that they have silenc'd him ( the Sin and Shame lye at their Door ) stopping his Mouth , because of cheap-Marriages without a License ; and he shall be in his Church of All-Saints ☜ the next Lord's Day , ( God willing ) and so on , let them do their worst .

No Man that falls by great Power , — can ( possibly ) fall more gently — nor for less Offences .

There 's nothing sworn against him , nor laid to his Charge , for which any good Man , or Man of Honour has cause to blush , and be-ruby his Cheeks .

The Bishop first offends in sending an unwarrantable Sequestration , ( there 's the Origine ; ) and for this occasion , the Defendant suffers and pays 2000 l. there 's the Consequence of that Origine , or Original Sin .

As soon as the Judg had filled his Belly , he return'd to the Bench , and some thought to catch the Defendant , but the Bird was flown .

The Verdict was for the Plantiff , Damage 2000l . And so they said all , being agreed upon the Business , and their Fore-man ( Sir Andrew Jenner ) their Learned Speaker , or Spokes-man .

Thus ended this Famous Trial , of which when I have made some Observations ; ( for the Torys have Observator's on their side : ) I will give you an account of that other Ecclesiastical-Engine to batter the Defendant , by Affidavits sworn by six Ecclesiastical Lay-Persons called Proctors of Doctor's-Commons : ( Ay , there , there the Mischiefs ( against the Naked-Truth ) are hatch'd ; They act for Life , at least , for a dirty Livelyhood , which seems to stand on Tip-Toe , tottering , and just upon the goe . ) And therefore they would Wire-draw and hook in Westminster-Hall ( base Indignity ! ) to prop up their rotten and tottering Frame , by craving ( Forsooth ! ) from thence Aid , in a Writ called Supplicavit .

But first , Let us not over-pass this Signal Trial without some Remarks , or Observations .

OBSERVATIONS Made ( by an unknown Hand ) Upon the foregoing TRIAL .

FIrst , we will observe the Observations that have been already made of this noisy Trial by the Tory Pamphleteers .

The Tory Observator is wiser than to trouble himself with disquieting Mr. Hickeringill , or to abuse himself by nicknaming others , whether out of respect or sense of Honour , or out of fear of Mr. Hickeringill's smarter Pen , ( that never scratches but when Defendant ) we will not determine . But Thompson and Heraclitus —

How now ? Thompson and Heraclitus ! Will any Man of Honour stoop so low to take notice of such contemptible Wretches ? Wretches below all scorn ! Wretches that would have no Name but for the Ills they do .

For they ( like Erostratus ) are ambitious of a Name , by committing unheard-of Villanies , tho they thereby ruine themselves , and an ( once stately ) Church .

And ( without offence be it spoken ) it is a Condescension ( meritorious ) for any Man to debase himself so much as to take notice of such despicable and forlorn Bravo's , ( the Objects of every honourable and honest Man's Contempt ) any otherwise , or with any other design than ( those charitable Visits made to the Jail , when common Robbers and Murtherers are condemn'd to the Gallows ) to enquire ( either ) after Goods ( by them ) stollen ; or , by shewing them the Evil of their Ways , bring the condemn'd Villains to Repentance , before they be hang'd .

Which Act of Charity , Humility , and bountiful Condescension , I ( now ) piously take upon me , by ( thus ) observing their Observations . ( Nay , the Tories shall not have all the Observators on their side , the Whigs shall have some ; for ( to tell you the naked Truth on 't ) the politick and pious Tories have bereft me of better Employment , and very cunningly have given me leisure to ( do little else but ) observe their Motions . God reward them according to their Piety , and their Works , and let them fall into the Pit that with such combined Interest ( Cunning and Power ) so industriously they have digg'd .

And first for Thompson , so vile a Moth , that he is too much honour'd to be crush'd with the blunt End of my Pen. But I use him here , as he will be used when he comes ( amongst other ( condemn'd ) Murtherers and Assassinates of Mens Lives and Reputations ) at Tyburn , ( namely ) — to tie up and halter the greatest Rogue first .

Fogh ! I have done with him for ever ; now ( the very first time ) I come near him , no rotten Carcase or Jakes comes nigh him for a Scent ; He stinks above Ground — most abominably and nauseously , in the Nostrils of all that have not lost their Senses . His Rogueship being very ignorant , and also such a bold , daring , impudent Man , for sending some Heads of — Lies — in his Printed Papers — contrary to Law ; whence it will appear , that he is concerned in the Plot — the horrid Plot against Mr. Hickeringill's righteous Name and Reputation , — belying him all the Kingdom over , as a Man convict of Perjury , and so assassinates his Honour and Reputation ; the only Answer ( yet ) made ( in defence of the Extortions and Oppressions so impudently continued to this day in Ecclesiastical Courts , in defiance of the Statutes of this Realm , and contrary ) to the Naked Truth .

I am not able to endure the Carrion any longer , and therefore I leave him to the Justice of the Nation , and to Mr. Hickeringill's swinging Action against him , and his pretty Consort ; and except he hide his hated Head for ever , he will be punish'd for that dangerous and damnable Lie and Slander against the righteous Name and Reputation of Mr. Hickeringill , in saying , he was convict of Perjury . Nay , they would convict Mr. Hickeringill of somewhat worse than Perjury , ( I fear ) if they could get any Man-catchers , or Teagues O Divelly , into his Company : nay , there was one Mortlack , a Black-smith of Colchester , that asking a Cunning-Lawyer's Advice , what he should swear against Mr. Hickeringill ? Breath-seller replied , — Canst thou not swear Treason against him ? Or , that he is a common Drunkard , or a common Whoremaster , or a common Swearer ? Treason ? quoth Mortlack yes I can ; In what ? ( replied Petty-fogger ) in Words or Deeds ? Mortlack answer'd , In Words , Treasonable Words . But Crafty replied , How long ago ? How long is it since you can prove you were in his Company ? and in what place ? Mortlack answer'd , That he heard the Words spoken in the King's High-way , near Dilbridge , about four Months before that Time , ( for he could not prove that ever he was in Mr. Hickeringill's Company except that time , when there were also above twenty People more .

Whereupon quoth Crafty , Speak no more then of Treasonable Words , for you will be hang'd for concealing Treason thus long ; but what say you to the other ? Mortlack answered , It is too apparent to all that know Mr. Hickeringill , that he is no common Drunkard , nor common Whoremaster , but — ( he took a great Oath upon it , saying , ) I will swear that he is a common Swearer , and that never a Word comes out of his Mouth , but an Oath comes out .

And he was as good as his Word , and got two more to swear ( the same ) along with him , both of which have with Tears ( since ) and on their bended Knees , begg'd Mr. Hickeringill's Pardon , ( that 's more than Thompson hath done ) and he frankly and generously did forgive them , and they live in Colchester to this day ; but Mortlack is fled for it ever since .

For by the Craft of Sir J. S. before Sir Mundiford Bramston ( as Master in Chancery ) the Villains swore to Articles , whereupon a Supplicavit ( this Doctors Common's Supplicavit is not the first , nor the first Supplicavit devis'd against him by that Root of Bitterness and Revenge , Sir J. S. ) was granted against him , and bound he was in Chancery , in 20 l. the Principal , and 10 l. the Manucaptors ; and thus was he put to some little Trouble and Charge . And Mr. Hickeringill stands ( to this day ) in Chancery ( upon Record ) a Common-Swearer , &c. and yet he never swore so much as one rash Oath in his Life . What will not Malice and Man-catchers swear ?

But none that knows Mr. Hickeringill believes them , but knows they are perjur'd Villains , and ( like this Thompson , or Parson Thompson of Colch — as like his Name-sake Nat — as one Devil to another ) the Scum of Mankind , and so black in the Mouth with continual Lies and Slanders , ( both of them ) and especially against Mr. Hickeringill , that no Recording Ink can paint their smutty Features dismal or black enough , they are so Hellish and Imp●like , where I leave them , to discourse with Party-per-pale , half Fool , half Knave ; Half-Fool , or Jester , — and Half-Knave in Earnest , Heraclitus ; what Observation does he make of this famous Trial ?

Busy Heraclitus Num. 59. treating of this Affair ( this Ishmael's Hand must be against every Body , is it not meet that every Man's Hand should be against this Privy and Masquerade - Assassinate of Men's Reputation ? Saying , He ( Hick — Forsooth ! ) wishes by this time he had made use of an abler Counsellor .

No doubt , Tricks and Niceties in Law , are best defeated by Men accustom'd to such Querks and Tricks , the disguize of Truth , and the defeat of many an honest Cause . These Quirks ( the Rabble that use them ) are useless in the Vnited Provinces , where every Man pleads his own Cause ; of which the same Sun that views the first Process , sees the End and Determination before it sleeps in the Ocean .

Whereas we labour with our nice Pleadings , Quirks and Tricks , Writs of Errors , Pleas , Rejoynders and Demurrers eternally .

A Man was Indicted — quia furatus est Equum , because he stole a Horse , ( in Holland he had dy'd for it ) but with us the Indictment was quash'd for lack of Form , there wanted ( Forsooth the Word ) Felonicè ; and therefore ill . 29. Ass. 45.

A Man was Indicted that he was communis Latro , a common Thief , and the Indictment was held vicious , because too general — never coming on to the particular Proof .

A Man Murder'd another , but the Indictment ( by the Clerks oversight , or worse , was only Interfecit ) and was quash'd for want of the Word Murdravit .

Thousands of Instances might be given of pretty Quirks and Niceties ( that are now made such essential parts of the Law ) that he is accounted the Man of Law , that is most nimble at them , to take a Cause with a — Why not ; Tick-Tack ; as if some design had been to make the Law ( like Sives and Cullenders ) full of Holes for the nonce .

But , some may say then — What shall become of the Vermine , the Locusts and the Catterpillars , that ( like those Plagues of Egypt ) eat up evary green thing in the Land ?

How now ? Is this good Behaviour ? Is Sampson bound ? or bound with Withs of smal Cords , made on purpose to be broken ? Explain your self , who do you mean by the Vermine , the Locusts and the Caterpillars , that eat up every green thing in the Land , and is the great plague-sore thereof ? Who do you mean ? Sir .

You , that are so blunt and such a plain Dealer , do you mean those Throngs about Temple-Bar , and Chancery-Lane ? those Crouds of Pen and Inkhorns ? that a Man can scarce stir there without being justled or run down by them or their Coaches ? Speak out , who do you mean by ? the Vermine of the Land , the Locusts , and the Caterpillars ?

Why then , really , truly , and plainly , I call those Locusts , and Caterpillars , and Vermine , that live on the Sweat of other Men's Brows , and of the sweet Labour and Industry of the painful Husbandman , and Country-man , who ( if they were not Fools ) would agree their Quarrels over a good Fire , and a Pot of Ale , by the Men of their Neighbourhood , ( for it must come to that at last , and why not as well at first ? ) before the Estate be wasted , time consum'd , with Danceing Attendance to Vermine .

But what shall the Locusts and Caterpillars do ? Ask Mr. Wilson , who tells you in his Description of the new Plantation , called Carolina , that there is good Air , room enough for the Locusts and Caterpillars , those unprofitable Insects and Devourers . Room enough for the He 's and She 's , let them go there and work and Engender ; why should not Spiders spin ?

And yet ( with Heraclitus his good leave ) the Defendant did ( if it were worth the mentioning ) ( in his pleading this Cause ) this Tick-tack which might as well have been kept secret , but that Heraclitus will not be pleased without it :

For the Declaration is only un'Prelat . not un'Magnat . and though the Plantiff does declare as Episcop-Lond . and un'Prelat , yet ( said the Defendant , ) it does not appear ( by the Declaration , ) that the Plantiff is un'Magnat , and therefore not within the Statute .

For the Defendant said further , that he had consulted the Records of those times , whereby the meaning of the Words ( Bishop and Prelate ) in those days , is best cleared ; and does not find that ever by Prelates or Bishops is meant Magnates , or le Grantz , or le Seignieurs — and therefore Scandalum Praelatorum , nor Scandalum Episcoporum , can possibly by that Statute be meant Scandalum Magnatum .

25. Edw. 3. The Proceedings and Judgment of Death against Sir William de Thorp , ( Chief Justice ) for Bribery , and brought into Parliament , which the King caused to be read Overtment devent les grantz de Parlement &c. openly before the Great Men — coram Magnatibus , that could not be the Bishops , Abbots , Priors , nor Prelates — for they were ( always withdrawn ) in those days , out of the House of Lords — in Judgments or Inquest upon Life and Death , as this was , — For the Chief Justice was hang'd for his Bribery : ( right and good reason , — Cave , cave . )

42. Edw. 3. Sir John de Lee , Steward of the King's House , was charged in Parliament for several Misdemeanors — Et Apres manger vindrent les Prelats , Duc's , Counts , &c. After Dinner came the Prelates , Dukes , Counts , &c. Here ( being but a Misdemeanor ) the Prelates were present , it not being in a Question of Life or Death .

50. Edw. 3. Alice Perrers was accused for Breach of an Ordinance , ( so is the Record , but it was really a Statute , which in those Days was called an Ordinance ) Fait venir devant' les Prelats , & les Seignieurs du Parlement — Which also was not in a Question of Blood , and therefore the Prelates are nam'd , as well as the Magnates ; or les Seigneurs .

Many Instances of this Nature may be given , wherein Prelates were never signified by the words , Magnates , le Grants , or le Seignieurs , or Peers : For they are tried ( as all Men ought to be by Magna Charta ) per Pares , by their Peers or Equals ; and being tried by their Peers , ( that is ) Commoners , they therefore are Commoners , not Peers of the Realm , as the other Magnates , le Seignieurs , and le Grantz — are .

And therefore tho the Bishop of London be Magnas , as he is a Privy-Councellor , and a Great Officer of the Realm ; yet the Declaration not mentioning any such thing , the Defendant urg'd that it was deficient : but the Judg over-rul'd him therein .

Yet 28. Edw. 3. Roger of Wigmore , Cousin and Heir of Roger Mortimer , Earl of March , desires that the Attainder made 4. Edw. 3. against the said Mortimer , might be examin'd : Et dont le dit Seignieur le Roy vous charge Counts , Barons , les Piers de son Royalme , &c. The Lord the King charged the Counts , Barons , and Peers of his Realm , to examine the said Attainder , and give righteous Judgment .

But if the Prelates were meant by Counts , Barons and Peers , then they also were to examine the Attainder by that Command of the King : But they had nothing to do with Attainders , it being against their own Canon-Law , and Oath of Canonical Obedience , as they afterwards declared in another Case , to be seen in the Rolls of Parliament .

5. Edw. 3. In a Parliament called for Breach of the Peace of the Kingdom , away went the Prelates out of the Parliament , saying , What had they to do with such Matters ? Et les dits Counts , Borones , & autres Grants , per eus mesmes — And the Counts , Barons , and other great Men , went by themselves , &c. to consult , &c.

So in the same Parliament , upon Judgment given against Sir John Grey , for laying his hand on his Sword in the King's Presence , for which he was question'd for his Life , ( no Bishops nor Prelates being there therefore ) yet the Record says , — Le Roy charge touts le Countes , Barons , & autre Grantz — The King charges all the Counts , Barons , and other Great-Men , to consult , &c. And then he must charge the Prelates too , if he charged all the Great Men , if the Prelates be Magnates , or les Grantz — which could not be in a Question of Blood .

'T is true , the Bishops are a kind of Barons , and so were the Abbots and Priors , by virtue of the Baronies bestowed upon them by the Charity or blind Devotion ( or for what other reason ) by William the Conqueror , &c. who divided his Conquests all over England into Knights-Fees ; and of several Knights-Fees ( laid together ) he made Baronies : And some of these Baronies the Lay-men got , but the Clergy ( in the Scuffle and Scramble put in ( never fear it ) for a Share ) and got proportionably , and more ; some Lord-Bishops got , and some Lord-Abbots got , and some Priors .

By virtue of which Baronies they had Votes and Places in the House of Lords . But one House being not able to hold so many Lords , the King divides his Baronies into Majores & Minores ; the Minors he tript off , but the Bishops , Abbots , and Priors held it fast till Hen. 8. and then the Lord-Abots and Priors tripp'd off , ( this was a sore Shock to the Prelacy ) and only the Bishops ( of all the Prelates in 2 R. 2. ) hold it to this Day . And who Parliaments ( as at Bury St. Edmonds , and also as aforesaid 2. Edw. 3. ) have been held without the Prelates ; and tho it is declared ( before the Dissolution of the Monasteries , the major Part of the Prelates ) in 7. Hen. 8. in Keilway's Reports , p. 184. Dr. Standishes Case . Les Justices de soi ent que nostre Seigneur le Roy poit asser bien tener son Parlement per luy , & ses temporal Seignieurs , & per ses Commons tout sans les spirituals Seignieurs : That our Lord the King may well hold his Parliament by Himself , and his Temporal Lords , and by his Commons , without the Spiritual Lords , &c. Yet ( by virtue of their Baronies ) they have Right to sit in the House of Peers , tho their Brethren-Prelates ( Abbots and Priors ) be outed , and the Privilege of Sitting in the House of Lords does not now continue ( de facto ) to those Gentlemen that now enjoy those Baronies which the Abbots had , with all their Privileges and Immunities , &c.

Of which Privileges and Immunities , &c. this was one , to sit in the House of Peers , and granted and regranted , in the same manner the Abbots , &c. held these Baronies . But I do not know de Jure , how far this Immunity does extend , nor is it my Province to argue it , tho I am possessed of the Barony of the Priory of Wickes in Essex , to me and my Heirs , with all the Immunities , &c. and therefore one would think I might claim the Privilege of a Prelate , out of that old Statute , 2 R. 2. that hath caused all this Debate and Debait .

Nay , all Clergy-men ( that are Rectors ) are Prelates ; so Lyndwood , a Doctors-Commons Official , in his Provincials . Con. Otho . sacer Ordo . verb. illiteratos . Quae Ignonantia multò magis detestanda esset in Episcopo , seu majori Prelato . If there was a major Prelate , then there was a minor Prelate ; little Men are Men , tho little . — A hundred Instances I could give , that all Clergy-men that are Rectors are Prelates .

Now if the speaking against any Prelate who is not Magnas , ( nor so mentioned in the Declaration , ( as here it is not mentioned that the Plantiff is Magnas ) and if in the Language and Dialect of those Times , the Word Bishops does not imply Magnates , or les Grants , ) then surely all Prelates , and all that have the Fee-simple of those Lands and Baronies , granted to the King , and his Heirs and Assigns , by Act of Parliament , and given and regranted to others , together with all the Immunities and Privileges that the Abbots had and enjoyed by virtue of those Lands and Baronies , &c. ought to have the Benefit of this Statute of Scandal . Magnat . quâ Prelat . Why they should not enjoy the Privilege of Prelates in that Act of 2 R. 2. of Scandal . Magnat . and all other Privileges that ever the Abbots enjoyed by virtue of their Lands and Baronies , being meer Temporals , ( not Gospel nor Spiritual Priviledges ) I cannot imagine , if the Bishops do enjoy these Benefits — quâ Prelati , or quâ Barones . Howsoever the other Priviledg of sitting in the House of Lords , may be lost , for the long Intervall or Vacation of not being call'd thither ( time out of mind of Man ) by the King 's Writ , be lost , or — for what other Reason , it is not needful here to discuss .

For , if the Bishops sit not in the House of Lords purely ex Gratia Regis , but quâ Barones , by reason of their Baronies , then è fortiori , much more may those Gentlemen that have the Abbot's Baronies , and other Prelate's Baronies , claim the old Privileges belonging to their Baronies , and for which and other Immunities they have an Act of Parliament to them and their Heirs : Since Bishops have not so firm a Tenure of their Baronies , and the Privileges , Temporalities , and Immunities thereunto belonging , because they hold them ex Gratiâ Regis , and for Contempt may lawfully be forfeited , and seized into the King's Hands : But the Baronies of Us that hold them in Fee-simple , and by Act of Parliament , ( with the Immunities and Privileges anciently belonging to the Abbot-Prelates , and Prior-Prelates ) cannot for such Contempt , ad libitum Regis , be so forfeited or seized .

Nay , since many Rectors in England have Baronies annex'd to their Rectories , and their Parsonage-House is the Manor-House , where Court Barons are kept to this day , and the Tenants do their Homage and Fealty , and they are really and truly Prelates , I see no Reason in Law or Equity , but they may have the Benefit of this Statute of 2 Rich. 2. of Scandal . Magnat . if it pertain to Prelates , quâ Prelati . And then every little Rector may bring his Action upon this Statute , Qui tam , &c. for Contempt of his Clergy-ship , and Prelateship ; and then ( Hey day ! ) we shall have a little Pope in every Parish , and a spiritual Hogen Mogen in every Rectory . — Hey ! then up go we ; and then Thompson and Heraclitus look to 't , we 'll pay you off for your Nick-names , you had better have been tongue-ty'd .

And none can give a Reason , why this Defendant should not also have the Privilege of a Prelate , which his Predecessors had , ( the Abbots of Wicks ) when this Statute was made , whose Successor is this Defendant in the Barony , and to him and his Heirs for ever .

Nay , really , Thompson and Heraclitus , I believe the Defendant is in earnest , since so much Money as 2000 l. may be ceined out of old Statutes ; there are London Juries , and Middlesex Juries , as well as Essex Juries — Look to 't .

'T is readily granted , that there is a disserence betwixt the Bishop and the Defendant , as to Riches , &c. But what then ? As a Prelate , a poor Prelate has as much right to his Priviledges as the Rich , and more need of it a great deal : It is hard to pull off Hairs from the bald Crown ; or , to rob the Spittle ; but there is no charity , nor reason , to take the few Hairs from the bald Crown to make a Wigg on , for him that has a good Head of Hair of his own , and needs no Wigg , nor such superfluous Additaments .

I grant , indeed , Bishops are Prelats and Barons too : So is the Defendant a little one ; and more than so , the Defendant's Barony cannot be seized into the King's Hands , as the Bishop's may , for Contempt ; therefore I called the Bishops , a sort or kind of Barons .

Not such Barons as the Temporal Lords , who cannot forfeit them to the King , nor the King cannot seize them for Contempt , as aforesaid ; therefore there is a vast difference betwixt a Baron who is a Peer of the Realm , and a Spiritual Baron ; the one is Magnas natus , born a Peer , and sits in the House of Lords , as his Birth-right and Inheritance ; the other is Greatus , and sits ex Gratiâ Regis , and may , upon the King's Displeasure , or Contempt , lose his Seat near the Wool-Packs , and his Baronies and Temporalities forfeited into the King's Hands .

But , what non-sence is it for Heraclitus to prate , Numb . 59. Jest . says , They ( the Whiggs ) clamour and say , the Dammages are excessive : ( Honestly said for a Fool or Jester ) Why so ? ( says Earnest , or Sober-sides ) I think , and so must every Man that thinks at all , ( in one Doctor 's Opinion he might have said ) 't is a very cheap penny-worth to that which the honest Man ( Honest Man ! quoth he ! and a Proctor's Boy ? good sence , and Tory-like ) had , that pull'd off Hick's ( what ? plain Hick — still ? no dread of the 2. Rich. 2 ? Will Men never take warning , till they be maul'd 2000 l. thick ? Sure , the Fellow thinks the Defendant cannot get as good a Jury in London , or Middlesex , as was lately in Essex . Hicks — ) Hat ; except the Privileges of the Saintship be as great as those of the Peerage .

Peerage ! The wise Fellow thinks , that Bishops are Peers , and thinks there 's no difference betwixt Words ( that are but wind ) and Blows , or Assault and Batteries , and Challengings to fight .

The Bishop is great , Who denies it ? But 't is not so long ago since the Defendant being then ( as now , ( for he is no Changling ) Rector of All-Saints ; and Cornet Compton quartering in Colchester , I doubt the Defendant being an old Captain , by Commission from two Kings , of Sweden and Portugal , by Sea and by Land , would not have thought himself obliged , in good Manners , to give him the Wall ; except he had , as Sir George did , first told of his Pedigree ; then ( indeed ) then , I grant .

But not a word of this should have been said , but that they come so with their Comparisons , when the Defendant had told them , ( in the first words of the Naked Truth , Second Part ) that he honoured Bishops , but did not Idolize them ; could say — my Lord , but — not — my God . But these Hireling Pamphletiers do so deify them , that they are netled , when Men do not fall down and worship the —

The Distance is great ! — None envies his Lordships greatness ; the Distance is great , the King made it so great as it is , and can as easily make the Distance less when he list .

But enough of this Folly , ( for such I acknowledg it ) but — only that the Wise Man bids us answer a Fool according to his folly , ( that is ) beat the Fool at his own Weapon .

45. Edw. 3. The two Houses join , Counts , Barons & Communes , and represent to the King , how the Government of the Kingdom had been a long time in the Hands of the Clergy , ( do you see ? an old Complaint ; they were ( Papists indeed , but ) true born Englishmen , and could not tell how to buckle to a Mitre or Lawn-sleeves ; or that Westminster-Hall should truckle to Doctor's-Commons , ( a great Indignity , and a shameful ! ) Purent grant Mischiefs & Dammages sont avenoz , &c. for the great Mischiefs and Damages that came thereby , &c. says the Parliament-Rolls .

But notwithstanding all this , — the Prelates baffled both King , Lords , and Commons , having their Spiritual Weapons eek't out with two Temporal Writs , — namely , — de Heretico comburendo , — the other de Excommunicato capiendo : — The former ( with much adoe ) is damn'd to Perdition , for the flames it made in Smithfield , and all the Kingdom over : the other , de Excommunicato capiendo , — is yet in force , and fills the Jayls dayly with Men Excommunicated ; many about Mony-matters , and Fees , Illegal-Fees , and Oppressions , Extortions , as not paying the Knave a Groat , &c.

For when the Popish Prelates could not burn any that stood in their way for a Heretick , yet , as obstinate and contemptuous , they sent him to the Divel , and then he and the Chancellours , and the King's-bench , and the Sheriffs , got the poor Soul buryed alive in a Jayl , till he dyed , or submitted , and swore future Obedience to Holy-Church .

Seven Years after this of 25. Edw. 3. the Prelates ( having got the whipping hand ) claw'd it away , and to stop Men's Mouths from muttering , got this Statute , 2. Ric. 2. 5.

Nay , ( they are as cunning to preserve their Prelacy , as — ) for the Holy Scripture , Christ and his Apostles having declar'd an Abhorrence of Spiritual Pride , and Ecclesiastical Tyranny and Oppression , ( calling them greedy Dogs , that can never have enough , and Wolves in Sheep's cloathing , not sparing the Flock , but tearing , rending and devouring it ) It concern'd them to fly to Force and Temporal Power for aid of their abominable Hierarchy ; and the Magistrate , See the Declaration of the Middlesex Justices : ( in those days ) what for Fear , and what for Folly , what for Preferment , or to keep Preferment ( since there was no other way ) gave his Assistance to the Beast and the false Prophet , ( caw me and I 'le caw thee : ) Rev. 13. 15 , 16 , 17. And he had power to give Life unto the Image of the Beast , that the Image of the Beast , should both speak , and cause that as many as would not worship the Image of the Beast , should be killed . And he causeth all , both smal and great , rich and poor , free and bound , to receive a Mark in their right hand , or in their foreheads : And that no Man might buy or sell , save he that had the Mark , or the Name of the Beast , or the number of his Name .

Yet , in 20. Ric. 2. Eighteen Years after this Statute , — the House of Commons forgot not that they were Englishmen still , — and remonstrated to the King , complaining , — that he kept so many Bishops about him in his Court , and advanced them and their Partakers . The King did not ( or the Bishops would not suffer him to ) heed his Subject's herein , — ( as aforesaid . )

And ( Poor King ) it prov'd his ruine : for after he had lost the hearts of his People , it was not a few Lawn Sleeves , and flattering Sycophants , and Parasitical debaucht Courtiers that could guard him from the unjust Arms of Hen. 4 ; who had got the Peoples Hearts , only because the lawful King had lost them , by adhering to an Effeminate debaucht Crew .

Observe the Machiavillian-skill of the Ingineer's , what Masters of Art these Ecclesiasticks ( Divine and Lay conjumbled ) have commenc'd in Politicks , and all not worth to them one Louse , after they have beat their Heads together ; ( for a piece of cunning let them alone ! ) when Advocats and Counsellors , Civilians or no Civilians , Lawyers and Divines , Clergy and Lay , ana , The Proctors and Atturneys , the Pulpit and the Bar , ( Breath-sellers all ) are in Conjunction against a poor Whig , to bring him to ruine , to trample on his conquer'd Corps , to insult over his Grave , to drink and cry — Huzzah ! the Enemy is fled , we are Conquerors , and shall yet ( in spight of Fate and the naked Truth ) live and rule the Roast , oppress and extort , make Havock of of Souls , Bodies and Estates , hang up or Jayl their Bodies , damn their Souls , beggar their Families , swallow and grow Fat with their Estates ; ( not so greedily there , have a care of choaking , ) come let us carowze and drench our selves , revell and be drunk with the Tears of the Widow and Orphans ; Huzzah ! — Huzzah — ! incomparable Epicures !

Nay , I am told , from a very good Hand , that the good Bishop of London , in great piety and devotion , intends to dedicate ( this 2000 l. ) to St. Paul , for a Deodand ; and build up Paul's Ruins here in London with the Defendant's 2000 l. ( as far as 2000 l. will go ) Oh! most Exemplary and Episcopal Zeal ! worthy his great Soul and noble Extract , and fit to be chronicled to all Posterity . This Heroick Charity shall be writ upon his Tomb , where he shall lie in Paul's ( when 't is built ) nay , he shall lie ( as great Men use to lie ) in State , and his Exequies adorn'd with the magnificence of this grand Exploit , celebrated in Heroick Verse , answerable to it and his own Grandieur : I am just now ( before my Fancy cool ) writing his Epitaph , to be ready for him ; we are all mortal .

But yet , the greatest glory of this Atchievement , does belong to Inch-board Harris , that small Heroe must come in to the Meeter and Merits , the one half of the 2000 l. he earn'd it dear , and swore hard for it , he has more right to it than any Man alive , except the Jury-Men ; for the Judg ( upon the whole Matter , with some grains of Allowance to humane Frailty and Temptation ) was there or thereabouts , at least , he was the best of them ; a Judg swears to have no respect of Persons in Judgment , ( Oh hard ! hard ! )

And therefore , I say , though the Glory of the Action , and the Honour of the Foyl , shall be given to the precious Jury-Men alone , ( for they only did the Business , and the most that the Counsel said to the Matter , except Railing and Ribaldry , against the Defendant , was not very pertinent to the Declaration ) for want of Matter in it , no doubt : yet the whole profit of the Verdict does really and truly belong to Harris ; he gag'd his poor Soul for it , let him have it ; I say , 't is more than Judas got ; he has my Vote for it , and that signifies more thereunto than all the Votes of all the Men in the World besides ; for if I say — no — He never gets a Penny of it , nor all the Prelates in Christendom on this side the Alpes .

Therefore do not blaspheme St. Peter nor St. Paul , by thinking to wheedle them into the Contract ; for they were monyless when alive , and have less need of 2000 l. now they are dead .

God tells us he hates Robbery for a Burnt-Offering ; and if Paul's will not be built , or go on but slowly , God knows , ( there 's my 35 s. buried ( already ) I wish I had it in my Pocket again , for this Trick , the Fool and his Mony should not be so soon parted to help to build a Cathedral , whose Walls must be cemented with the briny Tears of the Widow and Orphans ; and the noise of the Singing-Men and Singing-Boys drowned with the Groans , Cries and Howlings of Men distressed and jailed by a Bishop ; — For his great Honour Another B — ( This should not have been here inserted , for it is part of an Epitaph belike . )

But I 'le divert my Reader , and recreate my heavy Fancy , from meditating on the doleful Cruelties , and tragical Adventures of Ecclesiastical Policy . ( Oh! wo ! wo ! and alas ! that ever a Bishop and his Clerks should be so stony-hearted ) : I 'le chear you though , ( and my self too , and no more than needs , in this Confinement and Retirement ) with musing on those mischievous Rocks ( near the Isle of Silly , at the Lands-end of England , so fatal to Mariners , and called ( I am in earnest indeed ) by Sea-men , time out of mind of Man to the contrary ) The Bishop and his Clerks .

In a Dialogue betwixt BO-PEEP and TORY . Bo-peep . THose fatal Rocks ( in Sea ) that stand Near th' Isle of Silly , nigh the Land , ( By Marriners so shun'd and blam'd ) The Bishop and his Clerks are nam'd . But , prethee ( Tory ) tell me why They were so call'd ( for Rythme ) truly ? Tory. It was some Whigg first call'd them so , Meer Scandalum Magnat . I trow . Bo. A Whigg , ( dost say ? ) that is not so , Whiggs were not born so long ago . To. Not Christned ( by that Name ) you mean . Bo. Ever since Abel Whiggs have been , I must confess ; By Tory-Cain Poor Abel persecuted was and slain . No Tory can this Truth confute , For Tory-Cain did Persecute , For Difference in Religion too , Plagu'd the Dissenter ; ( Is 't so now ? ) For Whiggish Abel was so stout , He would not cringe , nor face about To East nor West , nor yet comply With th' Act of Vniformity Which Cain had made ; but did implore His Makers Mercy , and adore The best way that he could , and so As God did best approve on 't too ; Not walking in the Way of Cain . But , his Religion was his Bane , For Naked-Truth Abel was slain . But to the Question keep and tell , Why that Name suits those Rocks so well ? To. Bishop and 's Clerks ; Call you Rocks so ? ( Harris ! come here , and swear once mo'e ! ) Would you make Bishops stony-hearted ? And have shook hands with Grace and parted ? Or , make them as of Old ? when as Bonner a Friend to Jaylors was ? When Bishops by Canonical Oath Were bound , ( it is the naked-Troth ) By * * Bonifac. A. Ca. Conc. Lambeth . 45. H. 3. 1260. Conc. Lamb. Sim. Islepe . Ar. Can. 26. Ed. 3. 1351. Canon-Law to keep a Jayl , Or two , or sometimes three for fail . Bo. Hard Hap ! When Clerks are made of stone , And yet a Name Divine dares own . Who e're ( alas ! ) does come them nigh , Or , touch upon these Rocks , they die : Behold yond' Wreck ( swims there ) I say , A stately Ship it was this day , With Flags and Streamers in her trim , ( How pleasant 't was to see her swim ! ) How loftily she loum'd ! no sight E're pleas'd the Eye with more delight . To gaze on her some ceas'd to eat , With joy forgetting Work and Meat . A bluff-tall-Ship she was indeed , But her best Quality was Speed : No Algerines ( swift though they be ) So nimbly cut the Waves as she : No Friggats e're crus't in the Sea , But she could bring them to her Lee At the long-run , both Great and Small She could with ease weather them all : No Man of War did ever shame The Naked-Truth : ( that was her Name ) : But now she 's split , and sunk to boot : ( That th' Bishop and his Clerks should do 't ! ) First , they torment us till we groan ! Then Jayle us ( next ) because we moan . Have they not rockie Hearts of Stone ? To. Why do these Rocks so covert lie ? Drown'd in their Seas , hid from the Eye , Men lost , e're they these Rocks espy ? Bo. Poor Widows-sighs does them surround , And Orphans Tears , 'till they are drown'd .

Oh! but say some Prelates , and high-flown Churchmen , are not so stony-hearted , nor such Tantivies , riding Post to the Devil , and driving Men to Heaven or Hell , with Switch and Spur , as you think for ; But Order is a good thing ; and since the Naked-Truth , and such Books , taxes them so smartly , as if they were good for little but to be 'mended and reformed , The Ecclesiastical Fabrick may tumble down , ( God bless us ! )

Robert Grosthead , Bishop of Lincoln , tax't the shameful Abominations of the Court of Rome , in his Letters to the Pope , that it hindered him from being Canoniz'd and Sainted , though he deserv'd a Red Letter better than any Papist in the Kalendar ; he was , if it be not ( contradictio in adjecto ) an honest Papist ; and if the Bishop and his Clerks ( of Rome ) had not been stony-hearted and impenetrable , beyond all amendment and polishing , neither Luther , Calvin , nor the Protestant Name had ever been heard of to this day . By Grosthead's Counsel Rome had stood , Had she not vow'd ne're to be good .

Rob. Grosthead , the Author of a great deal of Naked-Truth , flourish'd ( in spite of the Pope ) Anno 1250 ; and defines — Heresy ( to be ) an Opinion taken and chosen of a Man 's own Brain , contrary to Holy Scripture , openly maintained , and stifly defended .

This is a true , good , and honest Description of Heresy ; and if so , for God's sake tell me true : If Prelacy be contrary to Scripture , contrary to the holy Commands of Christ and his Apostles , in plain ( not doubtful ) Words ; and if Men stifly maintain it , and openly defend it , ( with Actions , Statutes , Suspensions , Silencings , Curses , Anathema's , Excommunications and Jails ) for God's sake who is the Heretick now ?

Tell not me of Statutes , they are void ipso facto as soon as made , if they be contrary to the Statutes of God and Christ , saith the Lord Coke , the Oracle of the Law , who ( tho a Lawyer ) was not asham'd to be a Christian .

Away with Hypocrisy and Cheat ! It shall , it shall tumble down , and fall on the Heads , and crush all that shoulder it up , and endeavour to support it : It shall , I say ; I cannot tell you when , but it shall in due Time ; they on whom this Stone shall fall , it shall grind them to Pouder . Stay till the Iniquity of the Amorites be full , and till they have drunk Brimmers full of the Tears of Widows and Orphans , Huzzah ! till they have fill'd the Jails full of Howlings , Wo and Lamentation , then down Dagon , down to Hell , for ever down —

It is an infallible Truth , That not only what is contrary to God , and the Sence and Meaning of his holy Gospel , shall come to naught ; but also what is contrary to the Sence and Meaning , and Desires of the greatest Part of the Nation , must tumble down , especially when it has no Foundation of Truth or Honesty , but stands upon frail and rotten Crotches : the next Puff , or great Wind , — ( stand clear ) for down it goes ; or the next Calm , when the Master-Builders have Time and Leisure to view it , and find its Danger , and its Malignity , down it goes —

The House of Lords represent themselves , but the House of Commons are the Representatives of all the People in England : What therefore the Generality of the People affect , that , I say , in time shall become a Law . The Honourable House of Commons have not only struck at this Statute , 2 R. 2. which the Prelates make such Work with ; but the Repeal thereof past the House with general Approbation , and was committed , and sent up to the Lords for their Concurrence therein , it stopp'd there . — So much for this time .

The Words — called Scandal . Magnat . — which must cost this Defendant 2000 l. are not actionable , taken in sensu conjuncto , ( as learned Lawyers say ) nor can the Innuendo in the third Count lie , because he that drew the Declaration forgot to mention the Colloquium ; for if it had ( but ) been in , no doubt but Harris would have swore it through and through : what an Oversight was this ? Therefore say some to the Defendant , Bring a Writ of Error next Term , and quash it , and there 's an End of an outragious Verdict , of a desperatee Jury . Or else motion for a new Trial , because the Declaration is , That the Words were spoken before divers of the King's Subjects , and but one little Subject appeared .

A Writ of Error ! Where to be argued ? In the Exchequer-Chamber , before all the Judges .

This is a cunning Way , more Grist to the Mill ; as good be in the Clutches of an unmerciful Prelate , as uninerciful Breath-sellers .

Mr. Chamberlin , Mr. Hollis , Sir John Elliot , &c. that were Jailed for refusing to pay Customs and Ship-Money , in Charles the First 's Time , because there was no Law for the same , ( a clear Case ) ; they took this Course , and the Judges ( ten of twelve ) gave the Cause against them : they lost their Fees , and their Cause , and this Defendant gets nothing but Wit.

Exchequer Chamber ! He knows a Way worth two on 't ; he 'll keep himself ☞ and his Estate out of all their Clutches , keep in Harbor till the Storm blow over , let it bluster . And to Jail the Defendant , looks like an Inhumanity like that of some Creditors , that in Cruelty arrest the dead Corps , — a Barbartty of no great Credit to a Bishop , ( that , if he do not propagate , at least should not by Jails and Shams hinder the Propagation of the Gospel ) especially not ( how bigg soever any Man is ) at this time of Day .

Money , a great deal of Money will Gadbury get , and more than ever the Bishop will get by this Affair ; for ,

Flectere qui nequeant Superos , Acheronta movebunt .

The Horary Questions will be , Where the Defendant's Estate is ? where his Lands ? where his Goods ? where his Moneys ? ( if any Body could tell ; for I believe the Defendant himself can scarcely tell that ) and lastly , Where he himself is ? whether within a Mile of an Oak , or just under the Bishop's Nose ?

And when all comes to all , the Inquisitors will but throw good Money after bad ; for the Devil will cheat them , as he did Madam Cellier , both of the Money and the Sham-plot . And after all — the Ass-trologer knows no more ( by all his Intelligence with Mercury and the Moon ) where the Defendant is , than I do ; perhaps not so well : nor ever shall , till the Time come when Truth is valued more than Hypocrisy ; when Innocence is a sufficient Guard against Power ; when Gospel is preferr'd before an obsolete worm-eaten Law , made in the Days of Popish Prelacy ; then ( and not till then ) shall the Defendant appear to their Shame .

And in the Interim , make them know how deep and smartly a single Pen can wound , when whetted and made sharp with Truth , and edg'd by Despair , through the inveterate Malice ( but silly Policy ) of unreasonable and wicked Men : Christo commonstratore non didicerunt , They never learnt this Policy of their Saviour .

This Method is like the Policy of the late Suborners , that would have wheedled the Man into Perjury , by telling him of two Sorts of Advancement ; if one would not , the other should ; if Preferment , and Money , and Gold would not make him swear Treason against — then he should be advanced to the Gallows , and Boo — should swear Treason against him .

Wicked Haman , ( that devillish Privy-Councellor to the King Ahasuerus ) had experience of both these Advancements ; first , to be a Favourite ; and secondly and lastly , to the Gallows prepared for Mordecai .

This brings to my mind a true Story , and commonly known : There was a great Man , but he was an Atheist , but ( in pretence ) a Papist ; and being sick on his Death-Bed , he called for two Pictures , that he had provided against such a last Extremity , and hung one on the one side of his Bed , and the other on the other side .

One was a Picture of God Almighty , ( you may know he was a Papist by that ) the other was the Picture of the Devil , ( you may know he was an Atheist by that ; ) in the first Picture — this Motto , — Si tu non vis , ( If thou wilt not ) ; but in the Devil's Picture , on the other side his Bed , this Motto — Iste rogitat , ( Here 's one will . )

Even so , Beloved , like these two Motto's , there is belike , as the Suborners say , two Sorts of Advancement ; one by fair means , the other by foul : As if Cicero himself , ( whose Eloquence is meer Canting , and a set , little pedagogical way of chanting Words , ( by the silly ) admir'd for Oratory above Rhombus himself ) should say , If Money and fair Words will not make you a perjur'd Villain , and a Teague O Divelly , then the Gallows take thee , and the foul Fiend .

O the Hypocrisy of some Mens Religion ! What have we to do with a Devil in the likeness of Samuel ? the white Devil is the most devillish , the religious Devil ; no Man crosses himself , nor blesses himself from him , nor from the foul Fiend ; when the Suborner prays like a Saint , and when this Son of Perdition , and Devil incarnate , appears to the World in the likeness of a Prophet , and yet has no God but his Belly , no Lechery like Revenge , no Food like Man's Blood , no Recreation like Issuing out Excom. cap — and filling the Jails , the Royal Seat of his Soul being in his Belly and Midriff , the Throne of the Belly-God .

Let no Man envy the Gentleman his Employment ; for if I had a Dog that was such a biting , mischievous Curr , and Worry-Sheep , I would hang him . Look him in the Mouth , do but see there , I told you his Chaps were bloody , he has not lick'd his Lips since he told a Lie ; for his Religion is meer Cheat , as the King says ; His Voice is Jacob's Voice , but his Hands , his Hands ( the bloody Hands of this Nimrod ) look you , Gentlemen , his Hands are the Hands of Esau . Seal those Cap — there ; are you sure they are all sent to the Devil ? Yes , Ecce Signum ! Then pass them — fill the Jails full — full — 't is done , one cries — the Devil take them — ; the other cries — Take them Jailor ! — A glorious Work ! Sure the Fool says in his Heart , There is no God : No , the Devil of Hell is not so devillish an Atheist : 'T is the old Fool , that wishes ( and lives as if ) there were no God .

Naturalists tell us of Roots called the Mandrakes , in proportion and parts like a Man and Woman , ( for like the Palm-Tree , there is difference of Sexes , Male and Female of them , and these Mandraks are never found in the Earth alone , but Male and Female together lie , ( that 's more than some Men do with their Wives ) bedded together in the Ground , from whence it cannot be eradicated and pluck'd up by any living Creature , but it proves the Death of that Creature that does it : Therefore they provide a Dog , good for nothing else , as most sit for that Office and Employment , first digging about the Mandrakes to facilitate the Feat , and up come the Mandrakes with a Groan , and down falls the Dog dead , dead , stark dead ; nay , no matter , 't is but a Dog .

Compare we true Devotion ( in the consciencious discharge of the Duties of Christianity ) and Religion to be this Mandrake , at which the persecuting Nero's , Dioclesian's , Julian's , &c. the Popish Inquisition , the Prelatical High-Commission , with their Anathema's , and their Capias , and their Constables , and Jailors , and Executioners , have long been plucking , tugging , and sweating , and enacting , to eradicate it , that Rome might be made instead thereof , to plant their own Inventions , conformable and uniformable ; to secure their Lordly spiritual Pride , Tyranny , Covetousness , and Oppression , and Ecclesiastical Policies and Subtilties , by Capias's and Curses , Acts and Writs against inoffensive People : Let them alone with their Employment , their Bayliffs and Bum's , their Officers and Apparitors , their Commissioners and Executioners , Hangmen and Jailors , and the rest of the Black Regiment ; let them alone , it will be the Death of the Dogs : And —

How now ? — what am I going to write ? No near — ( as the Seamen phrase it ) — Starboard your Helm , and keep your Loof — no near — Steddy your Helm , — keep her thus — steddy — there .

I must not say at present what I was going to say , and therefore I 'le take off my Pen , and amuse my self with a Welsh-Man a while , one Mr. Sol. Shaw , a Man Mr. Hickeringill never saw nor heard of before , who from Monmouth in Wales , ( no worse Place I assure you ) sent Mr. Hickeringill this following Letter and Lines , in a Cover directed to Mr. R. Janeway , in Queens-Head-Alley , London ; which for the Honour of Sir George Jefferies , ( her own Country ) I will make bold to print , ( if it be but to shew , that more Welsh-men than Sir George have been in Love with Mr. Hickeringill . ) But ( besides ) in my Judgment the Reader , considering all Circumstances , will think them worthy this lasting Memorandum .

For Mr. Richard Janeway , in Queens-Head-Alley in Pater-Noster-Row , London . SIR ,

THe great distance between me and London , with a long discontinuance from the City , my Acquaintance being now worn out , and having no Correspondent , hath caused me to direct this unto you , being the Printer of the Naked-Truth ; and though I am a Stanger , I hope you will not take it amiss ; if you think it worth your pains , you may give it to Mr. Hickeringil in print ; and when I come to London , I will return you Thanks .

Candlemass-day , Feb. 2. 1681 / 2. Your Friend , SOL. SHAWE . Monmouth , Candlemass-day , Feb. 2. 1681 / 2. Reverend Sir ,

I Have sent you , in the next Page , some Gratulatory Lines upon the reading of your Naked-Truth , &c. I find your Books , in these parts , to be like Universal Pills ; they have various Operations , and work upon all Bodies Politick one way or other , by Sweating , Vomiting , Purging , Urin , &c. but generally the People take them as Cordials , and digest them with a great deal of comfort ; for we are true Britains in the West , and are glad to hear there is one wise Man in the East ; we hope there are more . We are so yoaked with Consistory Collars , that our Necks are worn bare , and our Withers gauled ; and if we offer to winch , or draw back , we are presently pinch'd , and such Goads run into our Sides , that we are forced to go as they please , for they must needs go that the Devil drives : And tho' we have but short Pasture on our barren Mountains , and lean Livings in Wales , that we can but just keep Life and Soul together , yet our fat Task-master does so exact , that we can scarce keep Skin and Bones together ; we are so poor , we cannot creep ; we are so drained in our Purses , that we are no way able to wage War with the Beast . Our trembling Vicars , Levite-like , conform to all , and Issachar-like , bear any Burdens that are laid upon their Backs , and know not how to help themselves . And our poor Church-Wardens stand Cap in Hand to the Worshipful Mr. Arch-Deacon , the Reverend Doctor and Commissary , and the Sir Reverence the Register ; and are glad they can get off , and be dispatched , by paying of their Mony , ( which is a Parish Charge , that grudg to give them allowance for their Time : And if the Church-Warden offer to speak , the Arch-Deacon nods , and the Commissary frowns , and the Register mouths and rails , and calls them Saucy , threatning them to march from Court to Court , and wait attendance upon his Ar — that they are so tired in Body and Spirit , that they have no heart to their Drudgery ; they had rather be of any Office , ( Scavengers to empty Dung ) than to be Church-Wardens ; for they are forced to swear and forswear themselves , whether they will or no , for it is impossible for them to keep their Oaths ; if they offer to speak , their Mouths are stop'd with a Canon Bullet , a Book of Articles is given them , to present their peaceable Neighbours by . The Margin doth quote several Canons which they cannot read , neither do they know when or where they were made : Nay , they tell them of unwritten Traditions , of Customs , and Ancient Usages ; and frighten them with high Words , and snap them up , saying , Take the Book , here is the Guide you must go by , and Present , or else you are forsworn . And when they make Returns , which is writ by one or other of their Proctors , for which they give a Shilling , and subscribe , Omnia bene ; they will not believe them , but tell them , The Court is informed otherwise ; and put pusling Questions to entangle them , and will not take in their Presentments , till they have put in the Names of some of their best Parishioners , ( but they must not be Quakers ) ; and thus the whole Parish is set in a flame by these Incendiaries ; and poor ignorant Creatures , they cannot help it : If there be any dronish or debauched Clergy-man that they complain of , they cannot be heard ; and they understand that some have been proved Prophane in Life , and common speaking , and Heretical and Popish in their publick Preaching ; that the High Arches do only check them , and continue them in their Livings ; to the encouragement of Debauchery , and the hazard of the precious Souls of their Hearers : But if there be but one pious and painful Preacher , the whole inquiry is after him ; What doth that Man do ? is he conformable in every Point to the King 's Ecclesiastical Laws ? and if there be the lest iota or Ceremony omitted at any time , he is presently suspended , ab Officio & Beneficio ; and thus the Shepherd is smitten , and the Flock scattered . Sir , I have held you too long , I have been in the Company of the Clergy , where your Books have been mentioned ; and some modest Men have spoken , that there were many things too true : But the High Hectors have run them down , and railed against your Book and you , saying , They know not but you may be a Jesuit , ( which they never said while you drudged for them ) : They say , That a Pillory is more fit for you than a Pulpit , and a Rope than a Cope : They say , E're long your Mouth will be stopped , they will cut your Gill , and then Hicker where you will . They have Silver and Gold Spurs , yours are but Natural , and they will slash you ; they will pick out your Eyes , and crow over you ; they will not leave a Feather on your Back , or a Quill to make you a Pen to scribble with ; they will cut your Comb , and your Stones too , and make a Gelding of you , that you may only serve as a Door-keeper for their Nuns , &c. But I shall detain you no longer , but subscribe my self ,

Sir , Yours to honour and serve , SOL. SHAWE .

Sir , Your Friends long to hear when the Term will be over , and how it fares with you .

So much for the Prose , next follows the British Muse , bred on Pernassus , the Penmenmaur .

THy Naked-Truth ( brave Hickeringil ) out-shines The glittering Silver , and the golden Shrines Of great Diana ; all her Vanities Are clearly seen by Naked Verities . This makes Demetrius , and his crafty Crew , With Pursevants so hotly to pursue : For now their Trade is likely to go down , They cry Diana round about the Town . The Church , the Church is come into disgrace : An uproar now is rais'd in every place . Confusion is so great , they 'r in a smother ; Some cry out one thing , some cry out another . The greatest part know not the reason , why They 'r met together to make Hue and Cry . O for a Town Clerk th' Rabble to allay , And send th' Assembly peaceably away ; For Naked-Truth robs not the Church , but she Discovers only her Deformity , Restoring her to Primitiye Beauty . And when a lawful Convention of State , Shall meet together , to take thy Relate Into their serious Consult , 't will be found There 's nothing writ , but on a Scripture-ground . They 'l see , that Canon is not Statute Law , But only like a blazing Wisp of Straw , To scare the Simple to Conformity , Against their Conscience , Law and Liberty . It 's only hissing Wild-fire that doth singe , To make Fools unto Ceremonies cringe . And by this means they will sind a just cause , To regulate such Arbitrary Laws : For King and Parliament have not confirmed Their Canon Laws , therefore they may be mended . Except unto the Romish Church they fly , T' uphold confused Babel-Hierarchy . And this thy Naked-Truth doth shew as much , Except they are resolved to be such . What tho' thy Naked-Truth by some be blamed ? Yet Naked-Truth will never be ashamed . And what tho' thou ( like Paul ) wert formerly , In Commission by Scribe and Pharisee , To drudg for them , oppressing some with Fines , That would not bow and stoop to their Designs ! Yet if thou now converted art , ' tic well ; Thour't in the way to Heaven , they to Hell . And what tho' many of the Saints do fear Thou do'st dissemble ; because they do hear How thou did'st persecute the Saints , and hale Their Persons innocent unto the Jayl ! What tho' at present they be shy of thee ? Yet thou proceeding in thy Zeal to be A Convert true , it will rejoice their Hearts , That God hath raised thee to take their parts . And what tho' Priests do wait by Writ of Cape ? Another Merlin , Yet by some Basket thou shalt have escape . Their Ruffins sworn to take thy Life away , By Providence shall miss their hoped Prey . Tho' some may question , thinking that thou art , No true Disciple from thy very Heart ; Yet when it shall be known what thou hast writ , And preached too , thou wilt be quite acquit . When by thy Naked-Truth the Church hath ease , It will the Brethren in all places please . But let me tell thee , Mr. Hickeringill , Tho' many Grave Divines approve thy Pill , Prelats and proud Priests say , thou hast no skill . The Gout , the Strangury , and such Disease , May , by a Velvet Couch , receive some ease , And Golden Chariots rocking them doth please . A Body full of Humours , all can tell , Disgusts that Physick that will them expell ; Because it makes them keek , and vomit up , Their sweetest Morsels , like a bitter Cup. Sick Physick they don't like ( tho' that must cure ) ; This they resolved are not to endure . Thou purgest Head , the Reins , and Liver too , Fluxeth the Body , and makes such ado , That all their Rottenness will be discovered : They like not this thy way to be recovered ; But will keep rather their Distemper still , Than Purge and Vomit thus to make them ill . Diseases foul , Physicians will conceal , And gross Distempers they will not reveal : The Credit is the Patient's ; Gain's their own ; This thou regardest not , but makes all known ; Tho' they tormented are , and full of pain , Yet they have Riches , Profits , Honour , Gain ; And they are courted too , have great Retinues To wait on them , and they have great Revenues : Now this they love , and will not change their state , For all thy Pamphlet-printing , and thy prate . They say , a Mungrel-Mountebank thou art , That mounts the Stage , but hath no real Art . Thou runs from Town to Town to show thy Feats , And vend thy mouldy Drugs , which are but Cheats Thou railst against the Cross , but dost purloin , Picking Men's Pockets both of Cross and Coin . Thou hast no Licence to be thy Defender , Therefore against the Law thou art offender . If this be true , there 's ground enough , I trow , By Scandalum Magnatum to o're-throw , And bring thee down upon thy bended Knees , To ask Forgiveness , and to pay thy Fees . Therefore the Scribes do lay for thee their Snares , And do consult to take thee unawares . The Officers of Doctors Commons meet Together often , and their Heads do beat What course to take ; The Learned Chancellors , Crafty Civillians , foul-mouth'd Registers , Arch-Deacons , Surrogates are in a Huff , The Proctors and Appariters do snuff : Our Wealth is gone , if we let this alone , We must with th' Irish , cry , Ohone , Ohone . They all combine , and never will give out , Until they have giv'n Hickeringill the rout . Their Cobweb-Canons , and their Lime-twig-Laws , Thou valuest no more than rotten Straws . Thou fearest not their hollow Pot-gun noise , Being good for nothing but to fright the Boys . They therefore now appeal , and crave the aid Of Statute-Laws , to help them in their Trade . Look to thy self , they are resolv'd ( now in ) To lose the Saddle , or the Horse to win : They strive to make Pilat and Herod Friends , And then the Consistory have their Ends. Now Velvet Saddl's offer'd , with Gold Fringe , Richly adorn'd with splendid Trappeling ; And when the Saddle's on their Back , they 'l get A Snaffel in their Mouths with Iron Bit , Except God give them Grace , and better Wit. For when they 'r mounted , they will spur them on , Unto their own , and thy destruction . Another Merlin . It is by this means they support their hope , To get thy Neck into a Hempen Rope . ( The Cross thou likest not , and will not have ) A Gibbet's good enough for such a Slave . If they can get the Learned Lawyers in To take their part , as they now do begin . This was the way they dealt with Christ ( him kil'd ) And poor St. Paul his Back with stripes was fill'd . But it is hoped ( that will be forbidden ) ; For honest Lawyers will not be Priest-ridden : For they will show no Mercy , switch and ride , Till they have got unto the Romish side . Lawyers themselves at last will yoaked be , Becoming Traitors to their Liberty : For if the Statute do their Canons draw , They 'll keep the King's Liege-Subjects in such aw , By raising up a Spanish Inquisition , Bringing all down to ruin and perdition . They 'll set the Mitre up above the Crown , And bring all Law , and all Religion down . O the Confusion that will follow then ! But I forbear , and will hold in my Pen ; And so conclude with England's Letany , Defend us , Lord , from French and Popery , And God send thee a safe Delivery . SOL. SHAW .

We are commanded to — love the Truth and Peace , well put together ; for Truth seldom meets Peace without , tho it always makes Peace within . Truth seldom gets in this World external Peace , but never misses internal and eternal Peace .

The Word of Truth , Truth it self , our blessed Saviour , and his Apostles , never failed of inward Peace of Conscience , and Joy in the Holy-Ghost , never fail'd neither of external Ruffles , and War from without ; and therefore he said , He came not to send Peace on Earth , but a Sword .

It always was so from the beginning , is now , and ever shall be , that War should be betwixt the Seed of the Woman , and the Seed of the Serpent .

But there can be no Peace ( saith my God ) to the Wicked ; neither Peace external , internal , nor eternal .

For Truth is the Essence of Peace , the Life and Soul of Peace ; it ceases to be Peace , when Truth is absent , and is meer War , Confusion , and Conspiracy .

How I have studied the Way of Truth , let good Men judg ; and how I have studied the Way of Peace , this following Letter to Henry Bishop of London will evince . And not further to displease Sir George Jefferies , ( for I hate this vain Jangling about Words , and Titles , and Genealogies ) as it happens , ( the Welsh Knight will now be pleased , for ) the last Letter sent from this Defendant to the Bishop was as smooth , docile , courtly , and Alamode , as the best Courtier of them all can write . And that the Defendant ( absit invidia verbis ) has been as great a Traveller as St. Taphee , or as that great Welsh-man and Kill-Cow Hero , ( Capt. Jones himself ) that said , he had a Priviledg or Patent whereby he could lie by Authority , ( wonderful Preferment ! ) the Welsh-man was proud on 't tho .

The Letter verbatim , thus : Viz.

To the Reverend Father in God , Henry Lord Bishop of London , at London - House , in Aldersgate-Street . May it please your Lordship ,

THis is the second humble Address that I have made to your Lordship , that all Differences , as well as the Action of Scandalum Magnatum , brought against me by your Lordship , may be amicably composed , before the utmost Extremity be tried . If I had spoke the Words modo & formâ , as they are laid in your Declaration , I know not whether upon any Submission . your Lordship would find Mercy enough to remit them . But , my Lord , if you will vouchsafe me a Hearing , with ( or without ) your own Witness , or Witnesses , I doubt not , but he or they will evidence my Innocence , that I never spoke the Words as they are laid , but without any Interruption or Intermission , in a continued Discourse , I did explain , and explain , and express what horrid Plot it was , which I said your Lordship had a hand in , viz. against my righteous Name and Reputation in the Barretry .

And that those ungrateful Words of — Impudent , and Ignorant , ( which are odious , if considered abstractly ) , had reference only to a Discourse we had of a printed Paper your Lordship recommended to the Clergy of Essex in your last Visitation , ( and amongst other things ) the Observation of the Canons of 40 , by Name disallowed by 13. Car. 2. 12.

Which Statute if your Lordship knew not , I said , you were ignorant thereof ; or if you knew it , it was impudent to confront the said Act of King and Parliament , opposing your Sence against theirs . All which , my Lord , are not scandalous , taken together , nor against the Statute , if true ; but the last Words were very rashly and irreverently spoken , and I am so far from justifying the Irreverence and Indecency of the Expressions , ( what Provocation soever I might have ) that I will give your Lordship what Satisfaction your Lordship shall reasonably require , with all Humility and Contrition . And I am the rather hopeful of the good Success of this my humble Submission , because ( I hope ) your Lordship intended nothing else in bringing the Action , but only to bring me to Acknowledgment of the Irreverence of the Expressions , and not with a design to enrich your self by any Money of mine , or undoing me and my Family . Yet , my Lord , I doubt not but to make it appear ( if you will admit me ) to your Lordship ) that the Action against me is ill laid , and that you wlil certainly be non-suited , tho it be no Policy to tell your Lordship how and wherein at this time of Day : However , it will approve me ingenuous towards your Lordship , and that I do as industriously avoid a Conquest , as well as all Contest with your Lordship , and that this Submission proceeds from nobler Principles than Fear can suggest . But I have had so ill Success in all my former Applications to your Lordship , that I have but little Faith or Hope in the Success of this ; however nothing on my part shall be wanting to an Accommodation .

And since Almighty God ( in Mercy ) does not send a Thunderbolt for every rash Oath , or every irreverent Word against his holy Name ; your Lordship , I faintly hope , will , after his Example , find Mercy and Grace enough to remit ,

My Lord , Your Lordship 's humble Servant , EDM. HICKERINGIL .

Now let the Reader judg , whether any soft Concession or Submissions can mollify this sort of Men : Flints will break upon a Feather-Bed ; but the Bishop and his Clerks ( near the Isle of Scilly ) are harder than Flint , harder than the Adamant , or the nether Milstone .

What Advantage did Sir Francis Pemberton , the Lord Chief Justice , take at the Defendant's ingenuous Concessions ( which were more than needed ) in the Case ?

For there are not any Words laid in the Declaration , ( if never so true , and well-prov'd ) that are actionable , or within that Statute , but are justifiable as they were spoken . And upon a Writ of Error , it will appear , ( for the Oath of the Judges is , to have no respect of Persons in Judgment ) That the Words in all the three several Counts are not actionable , nor scandalous ; and if so , then all this Noise is like the Shearing of Hogs , a great Cry , and a little Wooll .

To say , His Lordship is very ignorant ; 't is too true , and if he be wise , he will confess it , as ( aforesaid ) St. Paul did , and so Socrates , and all the wise Men ( before or since . ) Agur or Solomon , one of them , says , I am more brutish than any Man , I have not the Vnderstanding of a Man . That Danger is over ; the other is easy .

For to say in sensu conjuncto , nay , in sensu diviso , That his Lordship is a bold Man : A Souldier should be so , much more when he is a Souldier of Christ , much more when he mounts so high as to be a Prelate , he had need be bold or daring , because of the many Oppositions he must expect to encounter ; The Apostle bids us — stand to our Arms — and put on the whole Armor of God , and stand , and when we have done all to stand .

Aristotle and all the Philosophers make Fortitude to be one of the four Cardinal Vertues ; ( I never heard it was scandalous before to say a Man is bold and daring ; if it had on the contrary been said ) his Lordship is fearful , a Coward , and then ; Then , then indeed the Scandal . magnat . would be greatly scandalous , and within the Statute ; and the Action would well lie ; but not to say , His Lordship is a bold daring Man ; though you add a bold , daring , impudent Man , for sending some Heads of Divinity in a printed Paper contrary to Law .

Is it not Impudence to live in the Practice and Office Episcopal , acting contrary to those Methods , Rules , and Rubricks commanded in the Statutes by King and Parliament , and contrary to the Common-Prayer Book , and Act of Uniformity ? Yes , you must say — for a Bishop cannot plead Ignorance , nor Frailty , for then his Lordship would ( indeed be very ignorant .

The Defendant is the Man that will prove , ( if any Body have the Face to deny it , and when Time shall serve ) that there is a Bishop within a Mile of an Oak , that has liv'd in the Practice and Office Episcopal , acting contrary to those Methods , Rules , and Rubricks , commanded in the Statute by King and Parliament , and Common-Prayer Book , and Act of Uniformity .

As for Instance : He that confirms all Comers , Hand over Head , without Exception , without Examination , without Certificate , without knowing that they are Baptiz'd or Catechis'd ; is not this abominable , bold , daring , and impudent ?

No great Man ( if he be a Subject ) is too great for the Law , not too great to be corrected , reform'd , and better taught ; not too great for King and Parliament , and their Statutes : It is Treason to deny this Truth . What ? shall Confirmation , ( of which the Papists make a Sacrament , and Protestants make an Ordinance and Statute-Law , ) be slubber'd over against the very Design of it ? be slubber'd over , by confirming such as have neither Sureties there , nor any Witness , nor any God-Father or God-Mother , nor any Minister , to testify that ever they were baptized ? O abominable ! What is bold , daring , and impudent , if this be not ? The Canon Law says , Episcopus non potest statuere contra Jura . Lyndwood in Con. Oth. quid ad ven. v. corrigend .

Then 2dly ; For the Bowings , Noddings to the East , to the Altar , to the Wax-Candles : Is it not bold and daring , &c. to set up or countenance Ceremonies , against the King's Laws , and Acts of Uniformity , that were never of God's making , nor of the King and Parliament's making ? Is not this bold , daring , and abominably impudent ?

Then 3dly ; To recommend in a printed Paper , Canons for the Clergy to observe , ( the 65 , 66 , and 3 , of the Canons of Forty , ) when there never was any such in the World . And as for Episcopus non potest petere à subditis , nisi probaverit ea sibi debere per Canones . Con. Othob . domus . etiam Lynd wood Provinc . these Lambeth Canons , that ( to make all the Republicks in the World our Enemies ) falsely assert , that Monarchy is Jure divino , by the prime Law of Nature , and at large confuted in Naked Truth , 2d Part. It was Impudence in the Clergy to make that first-of-the - Lambeth-Canons at first , and greater Ignorance ; ( that a whole Convocation should be no wiser , and yet so bold , daring , and impudent , as to impose upon the Clergy and Lay-People such Vntruths and Falshoods , as are in that first Article of the Constitutions of Forty ) but strangely bold , daring , and impudent , for any Man at this day to justify , vindicate , recommend , or defend them .

The Naked Truth , 2d Part , has confuted the Vanity and Ignorance of the Convocation in that first Article of their Lambeth-Canons , or Constitutions of Forty , against all Contradiction , and Hosea 4. 6. Because thou hast rejected Knowledg , I also will reject thee , that thou shall be no Priest to me . Hos. 4. 7 , 8 , 9 , 10 , 11. Quae Ignorantia multò magis detestanda esset in Episcopo , seu majori Prelato . Lynd. Con. Otho . Sacer. Ord. verb. illiteratos . beyond the Skill of all the Bishops and Clergy of England to answer , at least hitherto ; they have slept quietly upon 't , and shall a single Bishop , and one of the youngest Sort too , revive them , and yet cannot justify the very first of them , which is not the worst of them neither , as is fully and particularly , and at large proved by the Defendant in his former Works , and condemn'd by the great Wisdom of the Nation in an Ordinance .

This 't is for Men to stand on the utmost Pinacle of the Temple , and oversee and command all others , when a lower Seat of the Church would be as well or more easily supplied by them .

What Mischief to the Church ( in all Ages ) has it brought ? To make Boy-Cardinals , and Boy-Bishops , and Novices , great before they be good , and to command wiser Men than themselves . — Like Fresh-water , and Courtier-Captains of Ships , and yet know not Larboard from Starboard , or how to right the Helm , nay , perhaps can neither box nor ( so much as ) say their Compass ; and yet these must be Pilots and Governors : 't is the Ruin of the Fleet.

Or to set up or prop a Church of Christ with the unsuitable and rotten Props of Cruelty and Force ; as if Christianity destroyed ( what it came to amend ) Humanity ; or that to be a Christian Governor , is to be an inhumane Devil , good for nothing but to run up and down , seeking whom he may devour , and worse than Turks , Jews , Heathens , and Infidels .

It is this Ecclesiastical Policy , that has ruin'd the most resplendent Empire of the Christian World , ( Spain ) not so terrible in her inexhaustible Treasures , and Indie-Mines , as formerly in her Warlike Hands ; yet ,

How contemptible now ? how depopulated ? how despicable to all their Neighbours , that were so formidable ( so latley ) to England , and the Christian World ? How did King James court them ? and King Charles the First humble himself , in hopes of an Alliance Historic . Collect. Vol. 1. p. 82. with Spain ? What cringing Letters ( upon this Hope ) were writ to his Holiness ? what Complements ( for I hope they were not in earnest ) to Pope Gregory the 15th , ( that Wretch ) ? — Sanctissime Pater , Beatitudinis vestrae Literas , &c. Nunquam tanto quo ferimur studio , nunquam tam arcto & tam indissolubili vinculo , ulli mortalium conjungi cuperemus , cujus odio Religionem prosequeremur , &c. Vt , sicut omnes unam individuam Trinitatem , & unum Christum crucifixum confitemur , in unam Fidem coalescamus : Quod ut assequamur , labores omnes atque vigilias , Regnorum etiam atque Vitae pericula parvi pendimus , &c.

Bless us ! what Promises are here of Propensity to Rome , even to the Hazard of Life , Kingdoms , and All , in devotion to his Blessedness , ( so he is friled ) who will not stir a Step from his Infallibility ; one would think , that to have met him half way , had been Devotion enough in all Conscience , Reason , Scripture , Law , or Equity ; and for such mighty and wise Kings and Princes ( too you 'll say ) as were King James , and King Charles the First , in so ( I hope ) never to be again imitated Condescension and Submission . It makes my Heart ake to think on 't , or read the Letters published at length by the indefatigable ☞ Mr. Rushworth , ( as before quoted ) and all the Pope's Demands signed by the King and Prince , p. 73. of his Historical Collect. Part 1.

And all this for what ? For the Spanish Match . And now Spain is glad to woo , instead of being wooed ; glad to court and address , instead of receiving Addresses ; glad with Gifts , Pensions , ( even to the emptying of their Inexhaustible Treasure ) beggar themselves , and keep themselves poor and pennyless , to keep Cart on Wheels ; nay , and all will scarce do neither .

And why ? and why ?

They are depopulated by the Inquisition , the Severity and Persecution according to Law tho . And their Trade is decayed , by reason of their foppish and numerous Holy-Days , or Play-days ; Families are needy and starved , because not suffered to work upon the Six Days , whereon God says , thou shalt labour . — That , were it not that the Indian Mines did supply them with merconary Souldiers , ( poor Refuge to trust unto , God knows ) they had given up the Ghost long ago . And now — do not they gape for Help , or some poor Comfort , ( like Men drawing on , or ) at the last Gasp .

Nay , I my self know , ( scarce any Man better ) that if there were War ☞ betwixt England and Spain , ( which few Men desire ) in this Conjuncture ) Jamaica , and the Wind-ward Islands alone , are ten Men to one of all the natural Spaniards in the Indies ; and without the help of England , either in Men or Ships , Money , or Ammunition , could — I know what — But — I 'le reserve it to another Season . I know on what Score — the brave Raleigh was sacrificed to Gundamore's Revenge , the Spanish Embassador .

Yet some Politicians ( the Scholars and Disciples of Nat. Thomson , L'Estrange , and Heraclitus , ) think that the best Way to keep a Kingdom quiet , is to depopulate , jail them , beggar them , sham-plot them , — send them to the Devil , and the Jail ; spoil all Trade , — discourage all Adventures to Sea — as if Men were Dogs , — and good for nothing but to be hang'd . And yet the wise Man found it true , That Oppression makes a wise Man mad ; and with all his Wisdom , and his Politicks , he found ( too late ) that he was mated and bearded by his own Servant , and he none of the best neither — Jeroboam , who taking advantage of the People's Discontent and Murmurings , ( wanting only a Head ) to relieve themselves , soon won eleven of the twelve Tribes from the Fool , that would listen to no Advice , no Address , but that of the young Courtiers , — saying , — My Father made your Yoke heavy , but I will add to your Yoke — : my Father chastised you with Whips , but I will chastise you with Scorpions . — My little Finger shall be thicker than my Father's Loins .

Cunning Fool ! and subtil Politician ! nay , the Text says , — 1 King . 12. 15. that the Cause ( why the King hearkned not unto the People ) was from the Lord — for his Ruin —

No wonder then the People grew stark mad ( Cruelty and Oppression had made them so mad ; and yet we do not read that Rehoboam nor Solomon opprest the People , but that they had a Law on their side to vouch the Whips and the Scorpions too ; ( Remember Emson and Dudley ! )

No wonder ( then ) the People run into Rebellion to this day , V. 19. and run stark mad , and after a foolish Religion too , but they that were made desperate by bad usage and cruelty ( it might be better with them , it could not be worse , they could but lose their Lives , or their Livings , Lands , Goods , and Liberty ( more dear than Life ) and therefore they publickly beat up their Drums to a Point of War — and makes the Trumpets — sound — To Horse — To Horse — Ver. 16. So when all Israel saw that the King hearkned not unto them ; the People answered the King , ( to his Head , and to his Face , most irreverently ) saying — What Portion have we in David ? Neither have we Inheritance in the Son of Jesse : To your Tents , O Israel ; Now see to thy House — David . 1 King . 12. 16 , 17 , 18 , 19 , 20. This 't is , to take no warning , no Counsel , no Advice , but of a sort of young , unexperienc'd , huffing , vapouring , sanguinary , blustering , bold daring Coxcombs , and very ignorant ; the poor foolish King found it so ( to his cost ) good Man .

And what Mischiefs have come to the Church , to the Nations , to Christianity and Christendom , by these rash sanguinary ways ? ( for every thing is most certainly best preserv'd , by the same Means and Methods by which it was made ; nor was the Peace of Christianity , nor its Propagation , by Might , nor by Power , but by my Spirit , saith the Lord of Hosts ) . The World shall have a large and particular Account thereof , ( if Mr. Hickeringill live ) and can come at Pen , Ink , and Paper ; of which his Enemies ( with all their Policies and Subtilties ) have not had power enough , as yet , to deprive him . —

But will , no doubt , drive on ( in the same Road ) Jehu-like — stand and see — what an old House some Men have a mind to bring over their own Heads — let them alone — you cannot advise them more mischievously to themselves , than to bid them follow their own Advice , and consult only with their own malice , hatred , and revenge , cruelty and mischief — Let them alone — and give them scope enough — go on .

Mr. Hickeringill will also publickly make appear , ( if God spare him Life , Health , and Liberty ) particularly and at large , how baneful it has been to the Church , to make Church-men and Spiritual Persons , vastly rich , and vastly powerful in Temporals , ( so incongruous and incompatible with the Apostles , the Gospel , nay , Christ himself , whose Kingdom is not of this World ) and who never encouraged ( as some do ) but discouraged a worldly , proud , pragmatical Tribe , overtopping Clergie and Lay , as much as their Cathedrals overtop our Houses : Though they have endeavoured to shut him out of the Pulpit a while , by the help of an old Statute and a Jury , they have not power to shut the Doors of the Press , ( God be thanked ) . Luther and Calvin's Reformation of the Idolatries and Superstitions of Rome , could never have spread ( far and wide ) if Printing had not been invented : A few Manuscripts might have been handled about , to some few particular Persons , and learned Men : But the Tyranny Prelatical , and Oppressions of Rome , in England , Scotland , Ireland , France , Sweden , Germany , Denmark , Holland , &c. could never ( without a Miracle ) have been defeated . But by the Printing-Press , well employ'd , by able and Learned Pens , ( not scurrilous News-mongers ) .

The three aforesaid Crimes , are only personal and singular ; but there are other abominable Crimes , of which the rest are guilty ; or , the most of them : Is not this too Scandalum Magnatum ? Of which many Instances may be given ; some for Example :

Namely , Their Connivance , confident and bold permission of all their under-Officers in their Ecclesiastical Courts , ( if not their incouragement , assistance , and by their Power and Interest , a bold countenance ) of the daily , constant , publick , and impudent Extortions and Oppressions of the King's Subjects , against the Statutes of this Realm , ( that limit the just Fees ) in Citations , Probate of Wills , Administrations , &c. nay , against their own Canon-Law , ( Concil. London . 3. Edw. 3. Anno Dom. 1328. ) and against their own Table of Fees : Wretched , universal , and abominable Impudence ! no Name can be bad enough for this wilful and daring Attempt , and Contempt : What ? in God's Name , are any Prelats greater than the Laws , or too big to be subject to the King's Laws , or too great to be good ? God forbid . No wonder the whole Tribe unite their Power against the Man , who has courage to charge those things home upon them , and whom they ( therefore ) hate , because he is , ( and few Men more ) acquainted with their Mysteries of Iniquity , and knows how to charge them home : No wonder therefore they so much dread him , and do so unite their Common-Forces , and Joint-Interest , to ruin him , or Jayl him , and so tie up his Hands , as well as stop his Mouth , by their Ecclesiastical-Canon-Shot , of Suspensions , Silencings , Excommunications , Curses , and the like Spiritual - Artillery ; they act for Life , ( as Men that are drawing on ) . The Silver-Smiths cried out — Great is Diana of the Ephesians : And yet to tell you true , this chast Diana , whose Image ( as the Priests said ) came down from Jupiter ; and the Fools and Bigots believed it , ( Tooth and Nail ) ; and the crafty Priests , and the Shrine-makers , and Silver-Smiths , ( false Loons ! ) they knew that their great Wealth depended upon the belief on 't : no wonder then that they cry , and whoop , and hallow , ( and the Fools and Bigots eccho'd to the cry which the Shrine-makers made ) — Great is Diana of the Ephesians ; and yet to tell you the Naked-Truth on 't , this chast Diana was a Common-Huntress and Common-Strumpet and Baggage , and as arrand a Whore as any in Rome .

Where is there a Clergy-man , now-a-days , that will say , as of old , Nolo Episcopari — I will not Bishop it , ( if I might ) or would gueld himself ( as some have done ) to make themselves uncapable of Lawn-sleeves ?

No , rather run and ride , with Friends and Relations , Mony and Flattery , Cringing and Foppery , to this Miss , to that Miss , Mony and Complyance against their Consciences , by hook and by crook , have at it ; though good Men find how hard it is for a Rich Man to enter into the Kingdom of Heaven , much more difficult for a Rich Man to be a good Church-man .

For they that will be Rich , ( 1 Tim. 6. 9. ) fall into Temptation , and a Snare , and into many foolish and hurtful Lusts , which drown Men ( yet they venture ) into Destruction and Perdition ; For the love of Mony is the Root of all Evil , which while some coveted after , they have been seduced from the Faith , and pierced themselves through with many sorrows .

20. Rich. 2. The Commons complain to the King , that the King kept so many Bishops about him in his Court , &c. and advanced them and their Followers . ( An old complaint ) .

When the Devil tempted our Blessed Saviour , shewed him the Kingdoms of the World , and the Glory of them ; Mat. 4. 8 , 9 , 10. Then Jesus said unto him — Avoid — Satan .

But how many of our Apostolical Men , ( that vaunt themselves Successors of the Apostles ) do say , ( as the Apostles did , Acts 6. 2 , 4. ) It is not meet , that we should leave the Word of God and serve Tables ? But we will give our selves continually to Prayer , and to the ministry of the Word .

Ay , Ay , that 's a good Work , the best Work , and work enough , and the most proper Work for Apostolical Men. We never read that any Apostle turn'd Action-Driver , or Promoter , surrounded with the black Regiment of Aparitors , Proctors , Hangmen , and Jaylors .

Again , what bold daring impudence is it for them to keep Courts , and not in the Name and Style of the King , contrary to 2. Edw. 1. if it be in force ?

A Statute thought so necessary for the Reformation , and so agreeable to the King's Supremacy , in the wisdom of our Ancestors , that one would wonder any good Subject should scruple at its observance , much less live in contempt of it .

It is a Statute lawfully made , and never repealed .

I know what Coke says of it , and wherefore he durst say no more , during the Tyranny of the High-Commission ; which High-Commission alone , kept off all punishment from the Transgressors thereof : an extrajudicial Judgment was ( once ) given against it .

But where is the Judg will declare against its force , and say in Westminster-Hall that it is repealed ?

I grant , in Queen Mary's Reign , all the Statutes against the Pope's Supremacy are repealed , and her Repeal , is repealed by Queen Elizabeth and King James .

But the Pope's Supremacy continues in France , and yet Process Ecclesiastical might ( if the French King pleas'd ) run in his own Name , and yet the Pope and he continue very good Friends , and the Pope's Supremacy continue : therefore the repealing the Statutes made against the Pope's Supremacy , is no repeal of this Statute ; there goes more than general words to repeal a Law , and such a Law .

If this Statute be repealed , Why does not the Judges so declare it ? If it be in force , no Name is bad enough , nor any Punishment on this side Death , for the wilful and stubborn Transgressors thereof : and 't is my wonder , that no Men in England will put it home , to have it argued , that it may not continue a Snare to the King's Subjects ; for if that Statute had not promis'd fair , and most Learned Counsellors at Law of the same Opinion , the Contest with Ecclesiastical Courts had never been continued against them , for any thing , but only because of their vile Extortions and Oppressions , in high contempt of the Law of God and Man , braving his Majesty's Laws , his Statutes , their own Canon Laws , their own Table of Fees , against Justice , Conscience , and Equity ; What is Impudence if this be not ? The King may seize their Temporalities for Contempt — no wonder they frisk , being so netled ; How they strive for Life ?

And for the words in the last Count , more need not be said , than that it is ridiculous to insist upon them ; and therefore Sir Fran. Withins said , They would take a Verdict only for the words in the first Count : For instead of damnable Plot ( meaning ) the Popish Plot ; their own little single Witness , Harris , swore against them , namely , Horrid Plot against my Righteous Name and Person : though that word Person was false too , for instead of Person , it was Reputation , and so did all the Witnesses agree ; never was such a Cause carried , on the Testimony of so infamous a Man , a Man of so bad Memory , that could not tell his Tale right twice together , nor twice the same way ; and therefore though he had not been proved infamous , ( by that Noble Earl ) yet he ought not to have been believed , against the Testimony of so many substantial Witnesses ( that if they were not crazy ) must needs have better Memories than he .

Lastly , He swore for himself , and in revenge , and to get the Defendant's Benefice .

And yet the precious Jury would not only believe him against so many , but would not only find the words , that are not actionable in themselves ; as has been prov'd at large , and beyond all contradiction .

For Men , thus to ruin a Man , and beggar him , to enrich a Rich Man that has enough already , ( one would think ) or , at least , as much as he deserves , is so like the Parable , in 2 Sam. 12. 1 , 2 , 3 , 4. of the Ewe-Lamb , ( the poor Man's whole Substance lost at a clap ) that the Jury may thank God that they escape King David's Threat : For David's Anger , ( Ver. 5. ) was greatly kindled against the Man ; and he said to Nathan , As the Lord liveth , the Man that hath done this thing shall surely die . And he shall restore the Lamb four-fold , ( Mark that , four times 2000 pounds ; How much is that ? 8000 l. ) because he did this thing ; and because he had no pitty .

To dishonour God , by a rash Oath , taking his Name in vain , is , but ( by our Law ) twelve pence for the temporal Punishment .

And to defame a Prelat , ( that in comparison of God is but Worms-meat ) shall the temporal Punishment be no less than Imprisonment , or 2000 l. in Mony ? Oh monstrous ! The Mercies of the Wicked are Cruelty .

But cruel Men should remember ( in time they may have cause to remember ) the wretched End of Empson and Dudley , those grand Pick-pockets , that from the Breach of old Statutes , and Penalties , did ruine Families .

Sir Richard Baker , p. 247. tells us , that their principal Working was upon Penal Statutes , ( to use his Words , ) they consider'd not whether the Law was obsolete , or in use ; and had ever a Rabble of Promoters , ( a brave Employ for a Person of Honour ) and leading Jurors , ( mark that too ) at their Command . They liv'd , and they liv'd to be hang'd for their Pains , after three long Years , ( for so long God suffered them to drink the Tears of Widows and Orphans , namely , from Anno Dom. 1406 , till 1409. ) And the Promoters , ( mark that too ) Canby , Page , Smith , Derby , Wight , Simson , and Stockton , ( 't is fit their loathed Names should be chronicled to all Posterity , and so shall others too that drive the same Trade ) condemn'd to the Pillory , and then to ride through the City with Papers on their Heads , and their Faces towards the Horses-tails . All seven died strangely in seven Days after , ( in Newgate ) for very shame .

There 's an End , a wretched End of a Pack of Wretches , pack'd Jurors , and Promoters . The Righteous God will hear the Groans and Cries of the Widows and Orphans , by unreasonable and wicked Men ruin'd and undone , and will pay off the stony-hearted Caitiffs ( that have lost all Bowels of Humanity and Compassion ) with a Vengeance .

That Atheists may know that there is a God that judgeth in the Earth , and pays men in their own Coin . This Adonibezek ( too late ) acknowledg'd , when his Thumbs and great Toes were cut off , ( the very same Cruelty which he had inflicted upon others . ) And thus the Merciless , that ( without remorse ) delight in the Ruin of a Man and his House , palliating Revenge with an Hypocritical Deodand , to ruin a Man and his Heritage , when God has rewarded them in their own kind , each of them over their own Ruines , shall say , with Adonibezek , Judg. 1. 7. As I have done , so God hath requited me .

For Truth hath said it , They shall find Judgment without Mercy , who have shewed no Mercy .

Tho this must be said in the behalf of that Jury , ( that tho it was reported in London ( before the Trial ) what the Issue has prov'd , yet it is also said , ) that the Jury in so great a Fine , ( as 2000 l. ) intended nothing therein of Prejudice to the Defendant , but to bring him to a Submission , in vindication of the Bishop's Credit , which ( how true it is is ) Time will discover .

But in truth the Bishop's Reputation had been sufficiently and better vindicated , if they had given credit to six substantial Witnesses , who acquitted the Defendant , that the Words in the Declaration were not spoken as they are laid , rather than to that little Body , who was prov'd upon Oath to be so infamous a Person , by that Noble Earl ; and by his own Vouchers prov'd to have so little regard to his Duty , which he ows to God , to his own Soul , and to his Parishioners , and to his Oath of Residence in his said Perpetual-Vicarage , as to leave them utterly , and forsake them , taking another Cure and Flock , and leaving his own to the Care of one that was lately a silly Log-river , and knows not well how to discharge his own Cure , nor to read his Accidence . And all this , when not only all the said Witnesses for the Defendant did swear negatively , that they did not hear such Words , but positively swore that they heard the whole Discourse , and writ down the Words immediatly upon Harris his false Recital of them , and his bringing them in Writing to the Witnesses for them to subscribe , which with abhorrence and astonishment they refused , ( the Defendant being gone out of the Room before , and knowing nothing thereof , and also gone out of Town ) and the Witnesses of their own Accord writing down the true Words , which they swore to , ( and several more of the Company might have been brought to testify the same ) ; for tho there wanted no Endeavour by all means ( possible ) to gain but one Witness to back Harris his Evidence , — yet found they none — At last came one single false Witness , who will ( as 't is said ) be Indicted thereupon for Perjury for his Pains , and Witnesses , substantial Witnesses to prove it upon him , let him claw it off as well as he can , or his Friends to help him . No Man is too great for the Law ; such Fellows must be made Examples of , that swear thorow-stitch , and become false Witnesses , to get Naboth's Vineyard from him ; when it can be done no other way , must it be done by a single Son of Belial ? Naboth had yet the Honour to fall by two Sons of Belial ; Hard Case ! Must the Defendant be ruin'd by one alone , and such an one , and one so infamous ? Nay , there was not only two against Naboth , but also there was not six positive Witnesses for him , as there was for this Defendant , to swear positively that they were in Company all the Time , and heard all the Words , which were not so , but so , and so . And lastly , were this little-Blade of Fortune rectus in Curiâ , nor had any Design upon the Defendant's Vineyard , and never so honest , yet it is against positive Scripture , and God's holy Word , for the Jury to bring in a Verdict ( thereupon ) against the Defendant , ( as the Defendant well told them ) because against an Elder an Accusation ought not to be received , but at the Mouth of two or three Witnesses : And neither Common-Law , Statute-Law , Civil-Law , Canon-Law , no , nor the Bishop ( of Rome ) himself can give the Jury a Dispensation against God's holy Word ; and that they will find one Day for so wilful a Sin , and so fairly forewarn'd thereof by the Defendant . — God forgive them ! It is ill for Men ( that are but Worms-meat ) to sin wilfully , and in defiance of the Holy Will and Word of their Creator .

In the Interim , — tho the Sabeans and Caldeans ruin'd Job , yet they were but Instruments ( the Defendant sees the Finger of God therein , and says with Job , ) The Lord hath taken away , blessed be the Name of the Lord .

The World shall find in this World God's righteous Justice , ( that 's my Faith ) and in this Case particularly , wherein God's Truth is concerned against the Cruelties , Oppressions , and apparent , bold , and impudent Extortions , and illegal Fees of the Ecclesiastical Fellows , so unanswerably revealed by the Defendant , in relief of the Kings Subjects , who are in behalf of their Souls , ( plagu'd with their Anathema's and Excommunications ) in behalf of their Bodies , ( hurried afterward to Jails ) in behalf of their Purses , Liberties , and Estates , so mangled by this Nest ( at Doctors-Commons , and all the Kingdom over ) by Birds of the same Feather , that no wonder they flock together to ruine the Man that will be the Ruine of their wicked Trade ; and all the Powers on Earth will not long uphold them , to live thus as they do , in publick and daily defiance of the King's Laws , in Oppressions , illegal Fees , and Extortions , in open contempt of the many Statutes made against them , and now in force , if any be in force ; surely they are as much in force , as that of 2 Rich. 2. about Scandal . Magnat . made when the Prelates ( Popish Prelates ) were rampant , alas ! alas ! too rampant ; both Laymen and Clergy-men ( little Clergy-men ) were more afraid of them than of Serpents , Toads , Tygers , or Wolves ; and well they might , for those venemous Creatures , and ravenous Brutes , were less dangerous , less mischievous , and less fierce and cruel , than those Prelates , when they got a Man at advantage .

Do you mark me ? I say , those Prelates , — do not catch , mind the Colloquium ( before-going ) of Popish Prelates , ( we are speaking of ) Popish Prelates , that were more mischievous , more inexorable , and hard-hearted , than Snakes , Tygers , Bears , Dogs , or Wolves , or any other persecuting Worry-Sheep , or cruel Blood-hounds .

And yet those ( mind what I say ) Popish Prelates , with all their Suspensions , Curses , Anathema's , and Excommunications , and such kind of Thunder , were esteemed by wise Men , even in these Days ( saving your Presence , — Sir-reverence ) a meer Crack-fart . Pope Paul the Third excommunicated our King Henry the Eighth , with such a Pope's Bull , that ( the Historian says ) the like was never known before nor since . No wonder he bellow'd and roar'd so , ( for take a greedy Ecclesiastick by the Pocket , and hinder his Cheat and Extortions , ( as Hen. 8. did ) and you make him roar and bellow like mad , as if you had got his Hearts-Blood , and all the Joy and Heaven some seem to aim at if we may judg the Trees by their Fruit ) no wonder they drew their spiritual Weapons , and fling about Curses , Anathema's , Silencings , Suspensions , and grow blacker with haunting so many Jaylors , Jayles , Bum's , Promoters , Hang-men , as did Pope Paul the Third .

And notwithstanding all this thundering Ecclesiastical Blast , and foisty Grepitus , the Emperor Charles the 5th , and Francis the First , the French King , ( two of the greatest Christian Princes then in the World , or that ever were in the World , ) and many more Popish ( nay , Italian ) Princes and Republicks ( whilst Hen. 8. stood excommunicated by the Pope ) did confirm their Leagues , and entred upon new Treaties and Confederations with him .

But I hear that some-body ( I 'le name no-body ) is mightily concern'd , saying , that the Defendant's own Witnesses proved the greatest Scandalum Magnatum against him , in Words that all of them unanimously swore , namely , — That the Defendant said at the same Parish-Meeting , ( only they are not , nor could not well be laid in the Declaration ) namely , — That the Bishop of London is not infallible , and the Pope is not infallible . But for that , or any thing else sworn by the Defendant's Witnesses concerning any such scandalous Words , the Defendant told the Plantiff's Counsel , that if they were aggriev'd , they had their liberty to bring another Action of Scandalum Magnatum , if they had not enough of this : And perhaps they will think they have enough of such Promotions in time , when they have leisure ( without being drunk with Passion , and a little over-seen in Malice , and will take time ) to cast up their Accounts ; and when they examine what they are out of Purse , and what they have lost in the Opinion of the World , and are come to themselves , will repent , — too late repent —

And if they had repented of their Extortions , Pride , Avarice , and Oppressions , all Men know that it had been better for them ; but now the more they stir , the more they stink .

And if any should be angry at these Words , the Bishop of London is not infallible , and the Pope is not infallible , and bring a new Action of Scandalum Magnatum , or Scandal against Prelates , let them know ,

The Defendant will not plead ( as now ) Non-cul — but justify it by infallible Instances .

To omit many on this side the Water , and all the great Abominations of Rome , I 'le instance in one Particular , wherein all the Papists shall take my part ( here 's a Wonder and a Miracle ! a true one ) against the Pope himself , namely , Pope Innocentius , ( in his Epistles ) asserting ( as also did St. Austin ) that the Lord's Supper was equally necessary for Children's Salvation , and to be received as much and as necessarily as Baptism it self .

Therefore Popes have erred , ( in the opinion of the Pope and the Papists at this day ) and St. Austin hath erred herein ; or else the Papists and Church of England err in holding the contrary , jointly against St. Austin in the Point .

And if it were not that this Trial gives me occasion to observe to the Reader these useful Hints , and lucky Hits , I should ( as the Reader well may ) be by this time quite weary of it : And also it is resolv'd they shall have their Belly-full of Mr. Hickeringill , till they be glutted , and confess , for all their gaping so greedily with open Mouth , and Teeth , and Fangs , to devour him , and swallow him up quick , in time they 'le shut their Mouth , and acknowledg , that they have enough of him in all Conscience .

Nor will he leave them , nor go ( as he hears they design ) beyond Sea , a little Governor in Carolina , &c. No , he has more Work first to do in his Native Soil ; they shall not be so rid of him , nor yet get one Farthing of the 2000 l , except they can catch it , and they must be very cunning if they can ; perhaps they may ( as they have hitherto ) throw a great deal of Gare and Pains , Trouble and Vexation , and good Money after bad .

Malice is like its Father , namely , Tho it go up and down , seeking whom it may devour , yet ( like the Devil also ) it is never weary of Mischief , as long as there is any Glimpse of Hopes to compass it , and accomplish it : though a worse Hell upon Earth , nor greater Torment can befall them , than to go on , ( as they are willing and eager enough without bidding , and to ) proceed — Halloo !

Thus have I done at present with this mighty Scandalum Magnatum , and the Defendant's Adversaries have done too , and gone as far as they can ; that is , to make him retire , and give him leisure to observe their Motions , and descant upon them ; that 's the worst , and they have done their worst . But out of the Eater shall come forth Meat , and out of the Strong , sweetness .

And really I do not think that Mr. Hickeringill has so much as a displeasing Thought , or rising of Heart , against this Providence of God : for it is God's doings , in the secret methods of his Divine Wisdom ; and he best knows , by the seeming-cross-motions , ( as in the Wheels of a Watch or Clock ) how to carry on the Maker's Design , which puzzles none but the ignorant and short-sighted . David — speaks experimentally ; I have been young , and now am old , yet have I not seen the Righteous forsaken , nor his Seed begging Bread .

Who would have thought that Joseph's Imprisonment should be the shortest and nearest way to advance himself , and preserve the Life of the People of God ?

Who would have thought , when Job was on the Dunghil , that his latter End should doubly transcend his Beginning ? therefore let us say and pray — Thy Will be done in Earth as it is in Heaven . Naked came I out of my Mothers Job 1. 21 , 22. Womb , and naked shall I return thither : The Lord gave , and the Lord hath taken away , ( and yet the cruel Sabaeans , and the ravenous Chaldeans , were the Tools and Instruments of the Rapine ) blessed be the Name of the Lord . In all this Job sinned not , nor charged God foolishly . Job 1. 21 , 22.

Nay , in a greater Tryal of his patience than this , ( namely , the upbraiding and Curtain Lecture of his Scolding and discontented Wife ) he kept his Ground , Job 2. 9 , 10. and retain'd his Integrity , and the resignation of his own Will , to the Will of his Creator ; for in all this did not Job sin with his Lips . Job 2. 9 , 10.

No Man can blame the Defendant ( notwithstanding ) that he did so lustily and copiously defend himself , in shewing , to the utmost , the vanity of that futile Contrivance against him , from such slender words , and so slenderly , all grounded upon an old Statute made upon Popish Prelacy , were rampant , and were willing to shelter themselves by force of Statute-Law , ( which they could and did make , when and as they list ) to fence against the just reproof of all good Men , ready to open at them , if their Mouths had not thus been stop'd ; yet the House of Commons ( notwithstanding ) were not afraid afterwards , 20. R. 2. to complain against them , in the Name of the Commons of England , and to perswade the King not to disoblige his People , for the sake of a few Court-Prelats . But do you think that that unthinking King would hear them ? And did not he lose their Hearts thereby ? And did they not all join with an Vsurper against him , that had no Title to the Crown , nor a thousand Men ( at Psal. 33. 16. first ) when he landed .

One says well , Lege Historiam , ne sias Historia : Let us observe the History of Times past , lest our inconsiderate Actions fill the Chronicles of Times to come . Let us remember Rehoboam , and Richard — 2d .

I dare say , the Defendant does not so much as in a wish regret what 's past , for all things shall work together for good , &c. 'T is only short-sightedness , and want of Faith in God , that makes Men stag and despond : Nay , no good thing will he with-hold from them that ( desire to ) walk uprightly .

And what unrighteousness has the malice of the Adversary been able to prove against Mr. Hickeringill ; and yet there are Man-catchers enough that have perverted his words , which were but due and just Reproofs against a wicked , foolish , and perverse Generation .

The Defendant has cause ( if any other have more cause ) to say , with Holy David , Psal. 37. 4 , 6. My Soul is among Lions ; and I lie even among them Psal. 37. 4 , 6. that are set on fire ; and the Sons of Men that are set on fire , whose Teeth are Spears and Arrows , and their Tongue a sharp Sword : They have prepared a Net for my steps , my Soul is bowed down : They have digged a Pit before me , in the midst whereof they are fallen themselves . God shall send Psal. 37. 3. from Heaven , and save me from the reproach of him that would swallow me up . He travaileth with Iniquity , and hath conceived Mischief , and brought falshood . Hide me secretly , in thy Pavilion , from the strife of Tongues , until this Tyranny be overpast .

My Enemies ( in the Hebrew Man-catchers ) would daily swallow me up , Ps. 36. 2 , 5. for they be many that fight against me , oh ! thou most High . Every day they wrest my words , all their thoughts are against me for evil , yet have I not refrained to declare thy Truth to the great Congregation : and therefore they gather themselves together , they hide themselves ; they mark my steps , when Psal. 56. 5 , 6. they wait for my Soul . Psal. 22. 12 , 13 , 16 , 19 , 20 , 21 , 22. Many Bulls have Psal. 22. 12 , 13 , 16 , 19 , 20 , 21 , 22. compassed me ; strong Bulls of Bashan have beset me round . They gaped upon me with their Mouths ; yea , the very abjects gathered themselves against me , making mouths at me , and ceased not . For Dogs have compassed me ; the Assembly of the Wicked have inclosed me . Deliver my Soul from the Sword ; my Darling from the power of the Dog . Save me from the Lion's Mouth ; And then , I will declare thy Name unto my Brethren : In the midst of the Congregation I will praise thee .

Psal. 56. 7 , 8 , 9 , 3 , 10 , 11. Shall they escape by Iniquity ? In thine Anger Psal. 56. 7 , 8 , 9 , 3 , 10 , 11. cast down the People , oh God . Thou tellest my wandrings , put thou my Tears into thy Bottle : Are they not in thy Book ? When I cry unto thee , then shall mine Enemies turn back : This I know , for God is for me . What time I am afraid , I will trust in thee . In God will I praise his Word ; in the Lord will I praise his Word . In God have I put my trust , I will not fear what Man can do unto me . Psal. 57. 1. In the shadow of thy Wings will I Psal. 57. 1. make my Refuge , until these Calamities be overpast .

Psal. 58. 6 , 7 , 8 , 9 , 10 , 11. Break their Teeth , O God , in their Mouths , &c. Psal. 58. 6 , 7 , 8 , 9 , 10 , 11. The Righteous shall rejoice when he seeth the Vengeance ; He shall wash his Feet in the Blood of the Wicked ; so that a Man shall say , verily there is a Reward for the Righteous ; verily there is a God that judgeth in the Earth .

But of all the whole Book of Psalms , there is not one Psalm better suits his Condition , or administers more Comfort , than every Verse of Psal. 94. It was Psal. 94. when David hid himself , and play'd Bo-peep , 1 Sam. 23. 14 , 15. in the Wilderness of Ziph , in a Wood. He fled not from Goliah , when hand to hand , but he would not contend with the Power of the King ; and yet he did study Self-preservation ( Who can blame him ? ) against combin'd malice .

And wherefore were David's Enemies so malicious ? not for any fault of mine , ( he saith , Psal. 59. 2 , 3. ) for , loe , they lie in wait for my Soul , the Mighty are gathered together against me , not for my Transgression , nor for my Sin , O Lord ! for they compassed him about with words of Hatred , and fought against him , Psal. 109. 3. without a cause .

Yet , though they compassed him about , yea , they compassed him about , ( yet , he had Faith to say , Psal. 118. 11 , 12. that though they compassed him about like Bees , ( stinging , stingy , and in Swarms ) yet ( in Faith ) he said , in the Name of the Lord I will destroy them .

Ay , but when ? might some say to David — When ? can you tell us that ? for to a carnal Eye there was little probability of it .

Nay , in the very next Onset , Psal. 118. 13. Thou hast ( saith he ) thrust sore at me that I might fall , but the Lord helped me .

That whole 118 Psalm , is spoken of Christ and his Kingdom , under the Type of David , and his Sufferings — typified , and his Resurrection and Ascension , by David's Victory at length ; then God had delivered him from the hands of all his Enemies , ( it was long first ) ( he was glad to fly for it first ) and from the Hand of Saul .

But at length , Vers. 22. of that 118 Psalm , the Stone which the Builders refused , ( typified of Christ , and verified also in David ) the same is become the Head of the Corner : This is the Lord 's doing , and it is marvellous in our Eyes .

In Mr. Hickeringill's Retirement , his Muse ( the Heavenly and only Companion of his Solitude ) compos'd this Psalm ( an Infallible Antidote ( if sanctified ) against all Discontent , ( the common Plague of Mankind ) Sorrows , and Fears ; And which for that purpose he sent ( since his Fiery-Tryal ) to his most dearly beloved Wife , to Confirm her , ( not to Bishop her ) but to Bishop's Promotions and Suits ; which for the Publick-Good , or Common-Weal , I here publish , viz. THat which disquiets most Poor Mortals here , Is not the Pains they feel , but what they fear : And what we fear ; Either — it will not come ; Or else — sooner may come our fatal Doom , And free us , lodging us in our Long-Home , Where neither Bishops nor his Clerks will come To wrack us any more . Then do not whine , The present Good or Ill ( alone ) is thine ; But — what 's i' th' depth of future Times — can'st tell ? Thou Fool ! for thou the Morrow know'st not well ; Nor where thou shal't to morrow be ; nor tell Whether on Earth , ( thou 'lt be ) in Heaven , or Hell . Let Fools and Knaves then for the Morrow pine , And fear they know not what , nor can divine : And let the morrow for its self take care : Sufficient for the day its Evils are .

But enough of this , ( at present , at least ) let us in the next place consider the Doughty Articles , ( sworn by six Doctor's-Commons Reverend Fellows , called Proctors ; on which was bottom'd , and founded , a Supplicavit ) namely ;

ARTICLES OF THE Good Behaviour , Exhibited in the Court of our Lord the King , before the King , at Westminster , against Edmond Hickeringill , Rector of All-Saints in Colchester in the County of Essex , Clerk , for several Misdemeanours by him committed .

Imprimis . THat in Trinity Term last , Articles were Exhibited against the said Edmund Hickeringill , in the Arches Court of Canterbury , for Clandestine Marriages at the promotion of Henry Lord Bishop of London , of which high Crimes he still 〈…〉 and he said Edmund Hickeringill , did several Court days make his 〈…〉 said Court , and behaved himself irreverently , and did affront 〈…〉 said Court , and more particularly 20th of Jan. Anno vicessimo tertio of 〈◊〉 King , did again make his Appearance in the said Court then held in the common ●● all of Doctors-Commons London , by Sir Richard Lloyd Knight , Doctor of Laws , then sitting judicially in the said Court , with many persons along with him , or following him to the number of thirty , or twenty Persons as they do verily believe . Tho. Tillot , Tho Smith , Jur. ad predict primum Articulum Tho. Tyllet . & Tho. Smith in cur . die predict . Hillar. Anno xxxiiio coram codem Rege .

2. Item . That the said Edmund Hickeringill did on the said twentieth of January , then and there behave himself in the Court of Arches then sitting , as aforesaid , very indecently and insolently to the Court , keeping his Hat on , tho by the Judg of the same Court several times monished to the contrary ; and then the Officer of the said Court by the Judg his Command taking off his Hat , he put it on again in a contemptuous manner . Tho. Tyllot . Tho. Smith , Cha. Tuckyr , Jur. ad predict . secundum Articulum Tho. Tyllet , Tho. Smith & Carolus Tuckyr , in cur . die & Anno supradict.

3. Item , The said Edmund Hickeringill , then very sawcily and impudently declaring to the Judg of the said Court of Arches , That if the Arch-bishop himself was there he would not stand uncovered : Jo. Miller , Tho. Stoker , Char. Turkry , Jur. id predict . tertium Articulum Johannes Miller , Tho. Stokes & Carolus Tucker in cur . die & Anno supradict.

4. Item , That the said Edmund Hickeringill in the open Court there , among other opprobious and abusive Language then used by him to the Court , said it was no Court by Law , and that they had no power to call him before them ; and that perhaps the Court of Arches might do him a Mischief , but that they never had done any good , or he used words to that Effect : Tho. Stoker , John Coker , Jurad predict . quartum Articulum , Tho. Stokes & Johannes Coker , in cur . die & Anno supradict.

5. Item , That the said Edmund Hickeringill did then in a moct opprobrious manner , tell the Judg of the said Court , that Toads had Poison in them , but had an Antidote also ; that Vipers had Poison in them , but their Flesh was an extraordinary Medicine , or to that effect ; and that every the vilest or worst of God's Creatures had something of good in it , saving , that Court , which he then said never did any good , nor ever would , or to that effect , and that the Persons , or many of them that came into the said Court of Arches with the said Edmund Hickeringill , laughed aloud at what the said Hickeringill said , and followed him out of the said Court with great Noise , and laughed to the great Disturbance of the said Court : Tho. Smith , John Coker , Jur. ad predict , quintum Articulum , Tho. Smith , & Johannes Coker , in cur . die & Anno supradict.

In Banco Regis Westminster , Dominus Rex versus Edmund Hickeringill Clericum .

JEremy Ives Cheesmonger and Citizen of London , Joseph Ashhurst Draper and Citizen of London , and Samuel Wells Mercer and Citizen of London , do depose as followeth , viz. That on the twentieth day of January , in the three and thirtieth Year of this King , these Deponents were personally present in the Court ( commonly ) called the Arches , held in Doctors-Commons London , when Mr. Edmund Hickeringill , Rector of the Rectory of All Saints in Colchester , made his Appearance there ; and heard the whole Discourse , and saw the Actions and Demeanours that passed betwixt Sir Richard Lloyd Official there , and the said Mr. Hickeringill during his stay there ; and that the said Sir Richard commanded the said Mr. Hickeringill to put off his Hat , which he refused to do ; whereupon the said Sir Richard commanded an Officer to take off Mr. Hickeringill's Hat ; which he delayed to do , saying he was afraid that Mr. Hickeringill would have an Action against him for so doing ; but the said Sir Richard again and again encouraging him , at length he pull'd off Mr. Hickeringill's Hat two or three times , the said Mr. Hickeringill putting it on so often as his Hat was return'd to him , mildly telling the said Sir Richard at the same time , that it was not Pride , Insolence , nor any design to affront them , that made him then to be covered , but a sence of his Duty , except they would own their Court to be the King's Court , and that they sate there by the King's Authority and Commission , and consequently would make out their Citations , Acts , and Processes in the Name and Stile of the King according to the Statute ; and that then ( but not till then ) no Man should pay them more Reverence and Respect than He : but the said Official not asserting their Court to be the King's Court , and as aforesaid to be kept in the King's Name and Stile ; and by his Authority , Mr. Hickeringill would not be uncovered , saying , That it was against the Oath of Canonical Obedience , against the Oath of Supremacy , against the Canons and the Statutes , to own any Court Ecclesiastical , but what sate by the King's Authority and Commission , and acted in the Name and Stile of the King : And if that Court of Arches was only the Arch-bishop's Court , He the said Mr. Hickeringill durst not , nor would he be uncovered before the Arch-bishop himself if he were present ; because it is contrary to their own Canon-Law and the Oath of Canonical Obedience , for a Presbyter to stand bare-headed in presence of any Bishop : or , he used words to the like effect ; Saying , that if they could argue his Hat off his Head by Statute-Law , Canon Law , Civil-Law , or Common-Law , it should be at their Service , and he would stand bare-headed before them ; or , he used words to the like effect . And the said Mr. Hickeringill during his whole stay there , used no other Actions , nor Speeches that might give just Offence ; unless the said Sir Richard took Offence , when he at the same time said , That every Creature that God made was good , and had some good in it ; that a Pearl was sometimes found in the Head of a Toad , and the Toads Flesh is an Antidote against its own Venom ; And the best Cordial and Venice-Treacle is made of the Flesh of the most poysonful , and Italian Vipers . But ( said Mr. Hickeringill ) the Mischiefs , Extortions , and Oppressions of the King's Subjects are apparent and many , and great , and daily committed by you in defiance of the Statutes : But show but one Good you do , or have done in the memory of Man , or that any Chronicle , or History mentions to be done by any Ecclesiastical Court , and then I may acknowledg your Ecclesiastical Fabrick to be of God's making ; or he used words to the like effect .

Jur ' octav . die Febr. Anno R. R. Caroli secundi , &c. tricessimo quarto coram . W. DOLBEN . Jer. Ives . Jos. Ashhurst . Samuel Wells .

LET all unbyass'd men , and honest Citizens ( who know these Gentlemen , know their Quality , their good Reputation ) whether it be more probable that they , who have no livelihood at stake , ( by such Affidavits to win , or lose , or wreck their malice and spleen ) men of Conscience and Honour should attest the Truth , of matter of Fact , the truth whereof above Twenty more substantial Citizens can ( and are ready ) if needful to attest : Or , Six Proctors of Doctors Commons , whose constant use , or rather , abuse , is to cheat and oppress , by injuries and Extortions in illegal Fees , and contrary to Law .

And whether they are not likely to have impudence enough to wrest a mans words to a contrary sence , and the worst sence , when they have Impudence enough to commit daily such said Extortions and Oppressions in illegal Feein defiance of the Statutes of this Realm .

Nay , how little they regard the Statute of 5 and 6 Edward the 6. and 16th . made against buying of Places and Offices , shall in good time be made more apparent .

Yet , nothing would serve Sir Francis Pemberton Chief Justice , and Mr. Justice Jones , &c. But Mr. Hickeringhil must find Bayl , or go to Jayl ; nor would they suffer any Affidavit to be read in Mr. Hickeringhill's Behalf , the Chief Justice absolutely refusing it , and saying , I will hear nothing in your defence , but — find Bayl or I 'll commit you ; or words spoke to the like effect .

Sir Francis Pemberton had never bin the Successor of Scroggs , if he had not ☜ given good testimony and assurance that he is a Wise Man , and one that knows his cue : But as wise as he is , it would have been no blemish to his great Wisdom to have heard Affidavits and Pleas in Mr. Hickeringhil's Defence , especially , nothing being attested against him of such pernicious consequence , and that by Proctors too , whose malice to the Defendant , and inveteracy was so notorious to every man ; it might at least create a Jealousie that the Articles on which the Supplicavit was founded , might possibly be sworn unto out of heat , malice , hatred , rage or revenge ; nay , most notoriously probably it might be so , That 't is a wonder the Judges ( to whom God has given two Ears , and who are sworn ( in the Oath of a Judge ) to have no respect of persons in Judgment , ( Oh dreadful Oath ! and that which made Judge Hales tremble when he thought thereof , though he had less cause than others , so to be afraid , for he made Conscience of his Oath , and neither the whispers of Courtiers nor the Kings private Letters would he regard in a Cause of Justice ) 't is a wonder , I say , that since one single word ( added or left out ) might alter the sence and meaning of Mens words , they would suffer no testimony to be heard in behalf of the Defendant . But against him as many as you please .

And it is the harder measure , because it is usual to delay the sending out the Writ of Supplicavit ( so seldom granted at all ) against any man , especially a Man of Estate ; till first he be summon'd to shew cause ( if he can ) why ☞ such a Writ should not be granted , and most especially not accustomed to be so hastily granted against a Divine , and also a man of known and visible ☞ Estate , from which there was no fear he should fly for the penalty of 100 Pound , and all for words too that are not worth a Louse , if they had been spoken as the Proctors swore them .

But , if they were spoken to the same effect , that the other Gentlemen and Citizens have attested upon Oath , and the same that several Citizens and Gentlemen ( then and there present ) can also attest , then the words are not so much as sawcy , but may safely be spoken in ( and to ) any lawful Court in Westminster-Hall , upon occasion . Much more , in and to a Court , which , whether it be a lawful Court is out of Question , if the Statute 2. Edward 6. be in force , ( which no Judge yet ever did take upon him in Westminster-Hall to declare to be Repealed , for Judges are but to declare the Law , not , to make Laws , nor repeal them , that is the work of a Higher Power . ) And if that Statute be Repealed , 't is strange , that Sir Francis Pemberton should so urge that Statute ( as aforesaid ) to Sir William Scroggs , so lately upon the Bench , and he then at the Bar , during the Sessions of the last Parliament at Westminster , Sir Francis saying , — That he fore bore to urge it warmly , because he suppos'd that his Lordship was not prepared at that time to give that Statute an answer : or words to the like effect .

Which if he did say , openly at the Kings-Bench Bar , or words to the like effect , then it is beyond all Contradiction , that Sir Francis Pemberton ( whilst at the Bar ) did question the legality of their Courts Ecclesiastical as now managed as well , as much , nay more , and more dangerously to them then Mr. Hickeringill did .

And if it be question'd , whether he did urge the said Statute , 2 Edw. 6. 1. ( as aforesaid ) for his Client Mr. Weild of Much-Waltham , the said Mr. Weild , and also divers others are ready to attest the Truth thereof ; if any body dare deny so publick a Truth .

And let any indifferent , impartial . and unbiast men judge , whether it be not hard measure to be sent to Jayl ( or which is as bad , find Bail ) and all about the decision of a point of Law , so disputable and questionable , that Lawyers of known and great worth and Learning ( without exception ) as any other , has urged that Statute so lately in Westminster-hall , and confessed , that he thought the Chief Justice was not then prepared to give it an Answer ; I wonder what Answer Sir Francis Pemberton will give it now He is Chief-Justice ; it may very probably , nay ought before him to come in question , when so many of the Kings Subjects are excommunicated in those Ecclesiastical Courts , and Forty Days after its publication , sent to Jayle ,

For if that Statute be in force , the Ecclesiastical Fellows are guilty of a Premunire , nay worse , nor can scarcely any name or punishment be great enough for them ; or bad enough .

But , since the said Chief Justice said he would hear no Plea's in the Defendants Defence , nor suffer any Affidavits to be read or heard in his Defence — God Help

To Divert the Reader , I 'le here make bold with a Friend ; and reprint the last Verses of the late New Satyr ( call'd the Mushroom ) in the Post-script thereof , namely — To serve a turn ( of State ) a Renegade , ( That has his Conscience , God and King betrayd ) Sometimes a base Interpreter is made , Though he an Atheist be in Masquerade ; And in rich robes ( through villany ) array'd : Yet , this Apostacy who dare upbraid ? The Villian struts it , and seems not afraid : Suborners tho' are shown in Cavilcade ; To publick-wrath may liable be made : Oh! then the Villain will for all be payd ; Then where 's your gay-Apostate Renegade .

I have heard of a certain Prince ( not in Utopia , but in Europe ) that said , So long as I can make Bishops and Judges , whom I list , I 'le have what Religion and what Law , I list .

If , He had also said , and what Juries , I list , nay , Essex-Juries , if I list , He had nickt the business ; and instead of saying our Goods , our Estates , our Lives , our Wives , our Children , our Lands and Liberties are our own , it would be questionable , whether we might say , our Souls are our own ; but ( worse than the Tantivee-Preacher , For He only said ) Caesar shall have your Goods , your Bodies , your Lands , your Children and your Wives , &c. Caesar shall have all , All is Caesars , on the outside of your Souls , — But they belong to God , God shall have your Souls — And if he would make his word good , we would clap up the bargain , immediately , and upon that Condition , that He will make it good , That God shall have our Souls , — Let Caesar take our Wives , our Lands , our Children , our Bodies , nay , our Lives ; ( and the sooner the better ) we shall not grutch the Exchange .

But Hard , very Hard is Mr. Hickeringill's Case , with these Ecclesiastical Fellows , who are either very ignorant , or very impudent thus boldly and daringly to confront the Kings Laws , and shall fare better in Westminster-Hall , then the man that reproves them , yet how industriously has our wise Ancestors fenc't against these Plagues ( of Mankind ) Promoters ? Turbidum hominum Genus , as Coke calls them , Instit. l. cap. 88.

18. Eliz. 5. — 28. Eliz. 5. Jac. 14. In which last about 30 old obsolete Statutes ( Snares with which Promoters catcht men ) were at once repealed ; and yet says Coke , notwithstanding all these Statutes against Promoters — Four mischiefs still remain'd , I could have told him one more — that makes Five mischiefs : but 21. Jac. 28. did some good against this sort of Cattle , who under the reverend Mantle of Law and Justice instituted for protection of the Innocent , and the good of the Commonwealth ( t is Cokes own words , Inst. l. 3. c. 88. ) did vex and depauperize the Subject ( will men never take warning ? ) and commonly the poorer sort , for malice ( mark that ) or private ends , and never for love of Justice .

Shall Honesty and Ingenuity always be out of fashion , and under the Hatches , and vile tims-serving Slaves ( against their own Consciences Slaves ) always keep above Deck ?

Where do we live ? that pimping , bawdy , scurrilous Poetasters shall impunè Libel the Honourable Peers and Patriots of the Kingdom , and the most glorious City in the Universe ? And as that bold , daring and impudent Hackney-Muse ( in his late Satyr ) like a Judge arraigns , cundemns and deprives them of their Priviledges and Immunities ( to his utmost ) granted and confirmed by so many Kings and Parliaments , through feign'd suggestions of his own — For thus he Rhymes — Customes to steal is such a trivial thing , That 't is their Charter to defraud their King : All hands unite of every Jarving Sect , They cheat the Country first , and then infect . They for Gods cause , their Monarchs dare dethrone . Our Sacriligious Sects their Guides outgo , And Kings and Kingly Power would overthrow .

What 's this but to be a Make-bate ? what 's this but to hang men up in effigie , for fancies of his own making ?

What ? must we still down of our knees and beg Pardon , and another Act of Indempnity from every Rascally Pamphleteer , and beggarly Hirelings , that would fain make our wounds bleed afresh , would gladly trouble the waters that are quiet , in hopes of good fishing , to make up their Hungry mouths , and greedy mawes ?

Any thing , any method to make the World believe that the Citys Charter is already forfeited , or , deserves so to be : And then — money — more Money — and put it where ? in a Bottomless Bagg that will hold none ; you may as well fill a Sive with water — as make debaucht Torys rich , whose lusts would beggar , exhaust and consume the Indies .

Is Libels the way then ? nay , to Libel the most Loyal , best disciplin'd , best govern'd , best built , most glorious , most sober , most potent , most rich , and most populous City of the World ?

And this — by every Sneaking , Rascally , dull , and Insipid Rhithmer and Pamphleteer ; the World is at a fine-pass , when instead of bringing Buckets to allay , and quence every vile Incendiary , throws weekly sire-balls to kindle ( if possible ) our heats into a flame ? And instead of curing our distempers and wounds , or of endeavours to heal our breaches , must men be countenanced to make them rancor more ? Is that the way ?

As if they studied ( like some Arithmaticians ) by the Rule of false Positions , to gain a conclusion they most wish for , and most especially ayme at ; namely , Substraction and Division ; But , he that sits in the Heavens has hitherto laught them to scorn , and hath discovered their sham's , and has had their fallcies in derision .

The Hire of these Pampleteers may prove ( one day ) to be ( as Tory Hilanders call their Booty ) Black-meal ( mock not ) when the Mosse-trooping trade breaks them or their necks .

Search Histories , consult the Past-times , and then tell me , if there can be worse fools in Nature then some that call themselves Polititians ?

How have they been baffled , disappointed and beloved with their own Politick , Wyles , Shams , and Gimcracks ? or could have devised a shorter cut , or a neerer way to stop their own Wind-pipes , and ruine themselve , and their posteries ? Except they should have made a noose of their own Bedcords ; and yet ( like Rogues that are branded ) might safely swear that they had got the Law in their own hands : ( more shame for the branded Rogues , to Glory in that that is their shame , as well as Bane .

But , these are sad and melancholy Contemplations , and therefore to recreate the Reader , I 'le relate a foolish story , or a slory of a fool a Country - Bumpkin , who having been at London , at his return home his Inquisitive neighbours ask't him what news at London ?

News ? ( Quoth Hob ) I know none but that they say Sir Francis Pemberton is made Lord chief Justice Scroggs :

Scroggs ? with a murrain , cryes the neighbours , thou talks like a fool : ( or whether he was Party per pale , as much Knave as Fool , some questioned )

If he had said — Sir Francis Pemberton had been made Lord chief-Justice Hales — the wonder had been the greater ; and the non-sense not more unwelcome ; Scroggs ? ( quoth a ) a likely business ; Scroggs ? and be naught ( to him ) This 't is to want good breeding : Scroggs and be hang'd ( to him ) for a silly villian ? Scroggs ( quoth a ) that was discarded or discharged honourably : Scroggs that was questioned for as much as his life was worth in Parliament ? Scroggs ? ( quoth a ) a Rascally knave or fool ( I 'le warrant him ) to talk such non-sense ; does not the fool deserve to have a writ of Supplicavit sent after him to bind him to the good behaviour ?

But I know not how to finish these observations , till I have cast away one look more upon another — ne're be good — Heraclitus , who sayes this week , Numb . 59. March . 15. 81. where speaking of Hick — ( as in good manners the blade is pleas'd ( in familiar-wise ) to stile the Gentleman he never saw ; at least , never beg'd his leave ( thus ) to clip or new coyn his name , ) in these words — Ay cry they , this is brave , that a man must pay but a shilling that takes the Lords name in vain , but if he do but abuse a Bishop a little , he shall pay 2000l . And yet 't is said Hick — ( again ) himself so pleaded his own cause , but I doubt he finds a great deal of truth in that forreign Proverb — The Asse — ( it 's well 't is no worse ) that supposes himself a Stag ( taking his eares ( I suppose ) for Hornes ) does find , that he is deceived when he is to leap over a Ditch .

Formerly , they gave him hard-names , such as Knave , Rascal , convicted of Perjury , The Great Soribler of the Nation ( mock not ) And now in all hast They make an Ass of him ; this is Language most suitable to such Mens Genius and way of Writings , ( which slanders in time they may repent ; ) But as for his being an Ass , Is it not too true ?

For who but an Ass would write or speak so much plain and naked truth in a dissembling , Hypocritical and lying Age ?

Who but an Ass would discover the extortions and oppresitions wherewith the Ecclesiastical Fellows load the Kings Subjects , and in hope to ease their shoulders , be burthen'd 'till his back crack with actions upon actions , Promotions , Informations , Supplicavit's , Declarations , Articles , Verdicts , Libels , Suspensions , Excommunications , Power and Interest ?

Nor would the late Essex-Jury have so unmercifully heaped such a heavy load upon him , but they took him for an Ass ; 2000 l. why , if a Minister live the days of Methusalem it is not to be Collected in Easter-Offerings . 1000 l. is a Horse-Load they say ; if so , then 2000 l. is too much in all conscience to put upon an Asses back .

Oh! But it is charitably designd for the building of Pauls : if it be ; yet the work of building Cathedrals of Stone upon the ruines of Temples of Bone , or living-Temples , or ( as was said before ) to rob Peter to pay Paul ; can never be pleasing to Almighty God .

And thus the Hypocritical Pharisees , for fear their hard heartedness should be condemn'd by all , for suffering their Parents to starve , They made an Anathema of the Goods they should have had for such Relief , calling it Corban , Dedicating it to the Church , and the pious Deodand devouerd their charity .

Thus making Charity ( without which all Religien is a Cheat and a Bawble ) to give place to a foolish and Hypocritical , as well as impious Devotion .

For my part I wish Mr. Hickeringil was not so overburthen'd , and made an Ass of ; because of such back-burthens of afflictions the Apostle Paul confesses — We are Fools for Christ's sake , and Truth 's sake .

And then however , since Stultorum plena sunt omnia , since Folly is so Endemical a Disease and Universal , in my Judgment It is as good to be a Fool for Christ's sake and for Truths sake , as to be ( like the weekly News-monger , and rayling Pamphleteer ) a fool for the Devils sake , or for the lyes sake ; besides the comfort of a good conscience , and a sound mind attends innocence in the Streights-mouth — For a great Soul ( like Heaven ) is Seated high , And like Olympick-Top doth quiet lye The Middle-Region-storms come not her nigh ; So ne're to Heaven she seems to mate the Skye , And with Top-gallant brave the Galaxye .

God Almighty always by some providence either takes off the Load , or ( which is all one ) strengthens the back of all that trust in him ;

Yet this does not at all excuse the malice , the injustice , & the cruelty of men .

Which brings to my mind a most excellent Copy of Verses made by the ☞ ingenuous Mr. John Butler of Crouchet-Friars London , and by him presented to Mr. Hickeringil on the occasion of his sufferings , but Dedicated .

To the Master , Wardens , and Assistants of the Trinity-house , upon that stately useful Light-house built upon St. Agnes , to discover those dangerous Rocks called the Bishop and his Clerks . AFisherman whose nets were torn By stormy Tempests , and by Sherks , At last near to the Rocks were born Called the Bishop and his Clerks . But who those names did give , and why ? Are Problems none resolved have ; But this is sure , what Ships do try Their strength against them , find a Grave . Witness Bows rent , Sides torn , ‛ Backs broak Of many Ships that prov'd a Wrack , Though made of Iron , and of Oak , Did by these Rocks asunder crack . Are Neptunes Clerks , and Bishops such No mercy from them can be found , As whosoever doth but touch Upon them , sinks unto the ground ? Or were the Flamens in the time Of Pagan-worship so renownd For Cruelties ? Was it their crime , And only theirs ? And not since found ? Or did the Bishops who did come In place , when these were dead , and gone , Retain their Cruelty ( to doom Men unto ruine , ) that not one . Who touch't upon them could evade Their anger , fury , and their rage , As if to sink men were their trade Which they did use from age to age , Or did some Satyrs who had sinn'd And by the Bishops sentenc't were In Linnen white up to be pinnd , To give these Names together swear ? Or did the Gondeliers who see Romes Bishop with insulting feet Tread on great Fredricks neck , that he In Venice City shame might meet ? For which th' Old Doge doth every year With Madam Adriattique , make A Marriage . And they tell you there , That for her Lord she doth him take . Or was it they that did behold Henry the fourth , to seek the Grace , On his bare feet in Winter cold Of that proud Pope who hid his face In Miss Matildas-Lap , till she Did rub his Ears , and him awake , That so poor Henry being free , He other measures then might take ? Or was 't Tom Becket in a huff , With his most right and lawful King , From whose posteriors came a puff , That him upon his Knees did bring After he sainted was for Treason ; Yet then the King unto his shrine Did barefoot go , against all reason , And scourged was by filthy Swine . The Monks which in that Cloyster dwelt Such great disgrace in days of Yore , The greatest Princes oft have felt . By Prelates ; may they never more . It may be this , or that , or t' other Gave the first rise unto the name , And cruelties they could not smother , Did afterward confirm the same . But that these Rocks no longer may Be unto Seamen cause of danger , This Light-house now will shew the way Which may secure any stranger . It was your Wisdom and your Care , This rare contrivance to invent , No Pains , no Charges you did spare Our Dangers that you might prevent . Old Strombolo that burns , to light Seamen unto Messinas Phare , With Agnes flames that shine so bright , For usefulness cannot compare . That future Ages will record , Who did this Stately Fabrick raise ; And to your glory tell abroad This deed to your immortal Praise . Come fellow Seamen 't is the night We use clean linnen to put on , He'rs to our Wives ; it is a right Them once a week to think upon , The Bishops and his Clerks no more Shall Shipwrack bring as in late years , And as they us'd to do of Yore , Now the light-house of Naked-truth appeares .

Men love darkness rather then light , because their Deeds were evil .

For every one that doeth evil hateth the light , neither cometh he to the light lest his Deeds should be discovered : But he that doth truth cometh to the light , that his deeds may be made manifest that they are wrought in God , Jo. 3. 19 , 20 , 21.

By their fruits you shall know them ; if they be mischievous , and bring forth nothing but sharp pricks , then they are Briers , and Thisles , and Thorns , and nigh unto a curse , whose end is to be burned . — They loved cursing and Anathema's so let it come unto them , saith Holy David .

Any sober-man would think that a Reasonable man might well enough be contented ( if he were not very Ignorant and very Impudent ) to enjoy quietly , the Pleasures , the Riches , the Honours , the Grandieur and the Pomp that now ( attends Bishops ) of so cheap ( too ) and easy acquest or purchase ; and Stately and Prince-like , as may be temporal and wicked lay-Princes of the Gentiles — — nay , as many the Princes and Peers of the Nation ( who by Inheritance come by the same ) and Rights to which by Gods Providence , Nature , and Birth they are born unto ; nay , in their City houses for ease , their Country houses for delight , far Transcending the most Peers of the Realm ; one would think ( I say ) such Bishops , after so full a Meal , might say Grace . and bless God for his goodnss to them , and never disturb themselves , nor the Neigbourhood , with being Promoters , Inventers , Action-drivers , exacters of Penalties and utmost Rigour of old Statutes , for which crimes Empson and Dudley were hanged .

What an odd sight it is to see Lawn-sleves , surrounded with Procters and Jaylors , and Apparitors , and Promoters , and Serjants and Bayliffs , Affidavit men , and hung about with Articles , Writs , Labels , and Libels , Declarations , Informations , Indictments ? and then Proctors and a little Black-Coat at his elbow ( hungry for a living ) and ready to swear through-stich , when his own Interest , and the favour of a Bishop is in the case ?

What wanton pride as well as cruelty and hard heartedness to delight in Visitations , Vexations , when he might well enough content himself ( one would think ) with his exceeding many flocks and herds ( which the Piety and Charity of our devout Ancestors , and the cunning and avarice of others , has Monopoliz'd to them , leaving the poor ( now ) quite out of their ( old and primitive ) share thereof and good right unto ' ; ) without the wanton Boulimy and greedy Appetite after his Neighbours little Ewe-lamb , and all the substance and subsistence of a man and his house , no though he should pretend to dedicate his Neighbours little Ewe-Lamb to God , as a Sacrifice , or an Anathema , or a Corban , by grand Hypocrisy ; as if God Almighty did not hate Robbery much more Cruelty ( under colour , and by the help of Summum jus , or the rigour of Law ) for a Burnt offring ? And if no less will serve the Bishop of London's charity , then to give 2000l . towards the building of Pauls , it is more honour to take it out of his own numerous flocks and herds ( which once the poor had as much Title unto , as the Rich Prelate , before Avarice and Pride came in fashion-Ecclesiastical ) And not go to rob the Spittle for a deodand and by force or rigour of Law .

I have known a Gentleman , that had one odd humour and you will say , it was a very ill humour ; that after dinner when his Belly was , full of good Victuals , and Wine , and strong drink ; the Fop grew so wanton , and the Ape wasso mischievously gamesy , and with good chear half drunk , or so half-Tipsey , that he so far forgot himself , that instead of saying Grace , he would be pinching and nipping those that sat nigh , or within his reach , especially ( if he had any old Pique against them ) he would nip and pinch , 'till he made all black and blew , or left the Print of his Nayles in their flesh ; Ecce Signum :

I 'le conclude this essay , with an Epitome of the most considerable Parts and passages in this long Book ) that has swelled beyond the Primitive intention ) and will best serve those ( that will not find leisure to read the whole ) in this following-letter , long yet most compendious , most Emphatical , most Humble , and most Submissive letter , writ by Mr. Hickeringil himself , verbatim ,

To the Right Reverend HENRY Lord Bishop of LONDON , at London-Howse . My Lord ,

SO little success has attended all my former Addresses that I am almost hopeless of this ; but understanding that your Lordship expected my application , no deficiency should be on my part .

Though I must confess , that had it not been for this worthy Gentleman Mr. Firman , ( the Bearer hereof ) I was not readily perswaded to write to you .

Because you carry my Letters to your Lawyers for them to pick 'vantages , and accordingly two of my Letters to your Lordship most disingenuously were read against me at the Tryal , But the Judg told them they were no proof of your Declaration , yet Sir Francis Withins he made mimick and dumb signs to the Jury at every word — nay , my very Books were brought into Court , and Sir George Jefferyes just such another man ( as the woman said ( that other-hopeful Council ) he pointed at my Books with his Index , as not knowing what to say against them without blushing , ( of which ( yet ) he is not very guilty ) and onely made dumb shows too , which were not capable of answer or vindication , yet were sufficient hints to a willing Jury that knew their meaning by their mumping , and their gaping ; and accordingly gave a Verdict ( contrary to all mens expectations ) against me , and dammages — 2000 l. ( a good round sum , two Horse-loads , and therefore would break the back of one Horse , no wonder then a single Parson should shrink or sink under the unconscionable load . )

Yet I understand that this unreasonable Verdict is so pleasing to you , that in the jollity of devotion you have made it a Deodand ; and intends to Dedicate the Trophee of your Victory towards the building of Pauls .

If so , I fear your Piety is not of the Cabal , or Cabinet-Councel with your charity ; nor will you find that it is pleasing to God to make a man an Offender for a word , ( and no such mighty words neither ) if Trump had swore true , for the wholly acquitted me of the words in the 3d. Count , and yet they were words of his own making too , of his own single invention , and of his own ordering and marshalling in the Declaration , and which no flesh alive heard me speak but himself , as was attested by all the By-standers , that swore not onely negatively against this Evidence , but positively and contrarily as the Judg declared ; and that they were not so , but so , and so ; as they penn'd them down ( whilst fresh in their memories ) when I was gone , and occasion'd by Harris his going into another Room by himself , and writing his own man-catching-shams , which he brought to the company to subscribe , which with abhorrence and detestation they all abominated , and both him and his Projects , that ( with the help of a pickt , and specially appointed Jury ) have been so successful ; and whom you may well thank , or else you had now been in my debt , not I in yours , nor ever was I in your debt nor beholden to you for a Courtesy ( the most trivial Courtesy ) in my life , which I did not requite ten times over , but mischief you have done not in aboundane , contrary to law .

Indeed , if you had prov'd your Declaration that the words ( first ) were spoken before divers the Kings Subjects ( nay the words in the last Count were not sworn unto by your own Implement , ( though he devised them ) but ( by cross and unexpected questions ) he was forc't to swear against your own and his Innuendo the Popish Plot , and also swore , instead , of a damnable Plot ( which he swore at first ) dwindled it to a Horrid Plot ( onely ) against my righteous name and person ; though there he swore falsly , for my words were — against my righteous name and reputation in the Barretry , and the very same words I writ to your Lordship , and Harris also confest there was some pause or Comma , but no interlocution or interruption betwixt the word Plot — and righteous name — which yet these Lawyers would have improv'd , though Harris contradicted them therein , and himself also .

And as for the other words of ignorance and impudence , you will the rather remit the rashness and severity of the expression , since your injustice in sending that illegal Sequestration of the profits of the small Tithes of the Parish of St. Buttolphs , ( to which I was Instituted and Inducted as Rector of All-Saints long before you were quartered in Colchester with your Brother Compton's Troop .

And therefore , if you do me no good , you did ill causelesly to provoke me , and in hopes to do me a mischief ; you did act illegally , and contrary to Law .

And all this in favour of an infamous Creature , that had not the docility and exactness of memory that my Parrot has , for if she could not have more perfectly conn'd and repeated the few words in the Declaration more exactly and uniformly than he did , and have learn't by heart and off-book in half the time he has had to conne them ( and of his own making too ) I would pluck off her head .

And do but think impartially with your self what a disparagement it is to your judgment and skill in men , not onely to prefer to your favour such a Creature before me , but in favour of him , to endeavour by an illegal Sequestration to wrong me of my right , and so take what is mine and give it to him : you may do lawfully what you will with your own , but what have you to do ( unlawfully ) to take mine from me to give it to him ? a Fellow that is not so good as a Chip in Broth.

I never was nor ever will be ambitious of a Prelates favour if I can but keep out of their Clutches ; and out of harms-way , and keep them from doing me a mischief , it is all the favour I ever expected , or ever will expect from them ; you will not suffer me quietly to keep my rights to which I am lawfully instituted , which wrong of yours has occasion'd all this stir ; thus the original sin is yours , but the punishment thereof is mine ; there is no conscience nor equity for it though ; let me tell you , without incurring your further displeasure , as hitherto I have , because I durst be so bold as a worm , namely to turn again , when trod upon by you , against the law of the Land ; And because of saying this truth , and complaining to you for remedy and crying out and groaning , when you press me unmercifully , as well as illegally ; without Compassion as well as without Law , nay contrary to Law , Therefore you double my Pressures — with — more weight — more weight . — First you torment me 'till I groan , And then you pinch me , 'cause I moan .

And all this you know to be true , and yet your heart ( I fear will be ) hardned as much as ever , because I cannot make false submissions , and confessions of faults that were occasioned by your own Injustice and causeless revenge , and default , ( to call it no worse )

If such submission or satisfaction as becomes a Gentleman , or a Christian to pay you , will serve your turn , you shall have them chearfully and readily , but base Concessions , against Truth and Honour , all the Prelats in Christendom ( united ) shall never extort from me , use what Cruelties you please , or shew the World your skill in Men , your Policy , and solidity of your Judgment and discerning , in preferring such a Wretch to my Estate , whom I doubt not but speedily to convict of Perjury , ( notwithstanding all the assistance you can give him ) and make an Example of such an Episcopal Tool , of those Ears , that can hear more than all the listening and attentive Company ; and yet so silly , that he cannot repeat those short words twice together uniformly ; who was also prov'd infamous , by his endeavour to cheat the Earl of Lincoln , in hopes of an 100 Guinies ; and also by his forswearing himself for the company of a Wench , and by being usually a Maudlin-Drunkard ; And this is your Man , ( who you have in your great Care of Souls , in your Judgment and Skill , with so much bustle and detriment to the Parishioners , preferr'd not only before me , but to my Rights in Law .

Well , if nothing but such Counsels still please you — Then still , go on — and endeavour the ruin of me and mine ; and yet with a Corban or Anathema , imagine to atone for the unmercifulness ; go on — I say — thus with a spice of Devotion , in pretence to please him that hates Robbery for a Burnt Offering , and would not permit the hire of a Whore , nor the price of a Dog , to enrich or adorn his Sanctuary — but go on then — and under colour of Law , or rigour , or summum jus , make blandishments for Cruelty and Revenge , and cement Paul's with the briny - Tears of my Widow and Orphans — when you have buried me in a Jayl ; nay , carouze in their Tears , and cry , Huzza's with jollity and full sayls , fill'd with the Sighs and Curses of those you bereave , whilst thus you endear and honour the Name of a Bishop and Prelat ; and by being a Promoter and a Striker , or Action-Driver , in Temporal in Spiritual Courts , strike thus with your two-edged Sword , that cuts both ways , and meditate to enrich your self ; or , ( to avoid that imputation ) design or pretend to build a Temple of Stones upon the Ruins of ( the living Temples of the Holy Ghost , and ) Temples of Bones .

This Counsel , ( though it is mischievous and fatal to you , and the werst you can take for your self , your Reputation , and Honour , and Profit too ; yet because pleasing to Malice , Hatred , and Revenge , 't is possible you may follow it ; but first judg how suitable it is to your Office and Family ) or rather this honest , sound , honourable and fair Proposal : Namely —

That , since ( of this outragious Verdict ) you shall never have a Farthing , ( though you perhaps may throw more good Mony against bad ) nor any mighty Credit ; because it was the Verdict of a Jury picked for the nonce , and of Men that held Commissions only ad nutum , and good pleasure of the Court , where you have great Influence at present . And since all you can get , or shall get — is my Bones — if you can catch them ; — And perhaps you will never catch them , — nor will I ever fly for it , my Friends and Enemies shall not so be quit of me . — But if you do get my Corps , — it is but like the arresting of a — dead Corps — sometimes ( but rarely ) practis'd , and that ( only ) by inhumane Creditors — a barbarity that will ill become Bishops at this time of day , — how confident soever they be , or may flatter themselves .

Besides , since the Verdict , and also your Prosecution , was expresly against the Word of God , 1 tim. 5. 19. which commands ( you especially ) not to receive an Accusation against an Elder ( older than your self ) but under two or three Witnesses : Here was but one , and an infamous one , and a Man keen with self-Interest and Pretensions to the Profits of my Benefice ; though most illegally , and an Intruder , and could not swear it perfectly neither .

For what Sir Tho. Exton ( your other precious Witness ) did say , the Judg declared , it was nothing to the proof of the Declaration ; and therefore ought not to be accounted any thing to sway the Jury , as to finding for the Plantiff , ( whatever or however his Testimony , or my private Letters , might aggravate the Dammages ) yet first the Declaration ought to have been well prov'd , ( for 't is not Scandal till communicated ) before Men use to talk of Dammages : but it was so far from being well prov'd , that the ( worse than ) Parrot , could not say it uniformly twice together , nor alike .

Nor did your other Witness , Sir Tho. Exton , get more credit amongst all ingenuous and unprejudic'd Men , by making my private Submissions , and what I spoke in Confession to him , ( as an old Friend , and in mediation of Peace , and an Accommodation ) a publick Accusation and Aggravation ; but , judg you , — how inhumane , unchristian — un-Knight-like , un-Man-like , and ungentile is it for a Man to be treacherous , and make his Table a Snare ? — a Turk or Bravo ( amongst the Spaniards ) that live by killing Men , will yet rather die than be treacherous , or , betray any Man under colour of Friendship .

Many that hug the Treason , hate the Traytor , and will be shy of him ; at least , they ought to avoid him , as an Enemy to all Society , Commerce , and Conversation , as a Serpent in the Bosome , or a Toad , or any dangerous Villain .

God● keep all good Men from trusting to the Honour and Ingenuity-Ecclesiastical , especially that of a Lay-Vicar , ( bless us ! from the Hermophrodite ! or Church-Monster ! ) or — Gray-Fryar , as Sir Thomas Exton , Doctor Exton is , in one sence .

It was an Exton too , that treacherously and cowardly came behind King Richard the Second , and murdered him with a back-blow , when his valliant Hands were busied with three or four Rogues more , ( he killed one or two of them tho ! ) before that treacherous and cowardly Villain — Exton — strook him behind , and did his Business .

But , I send this to your Lordship , that you may show it to your two doughty Confidents and Witnesses , and Lawyers ( if you please ) as formerly ; but rather as an Expedient to acquit your self , with Honour and Profit to you ( more than to my self ) from this outragious Verdict of a pick'd Jury , singled out by special Order of the Court of King's Bench , ( I shall live to thank them ) ; ☞ which Verdict , ( notwithstanding ) with all your Interest , Friends , Power , and Greatness united , shall never be worth one Farthing to you , ( I say it ) neither in Mony , nor Reputation and Honour :

But , on the contrary , This fair and equal Proposal , shall be both , certain Profit in hand , and as certain Honour ; Namely —

That , considering the Premises , and the outragious Dammages of 2000 l. ( if they had given you 40 s. all the unprejudic'd World would blame them on such an infamous single Evidence , against so many other Witnesses , as well as against God's Word ; and that 40 s. would have been better for you , in Mony and Reputation than the 2000 l.

For , if the Jury , on a stretch , did it to vindicate your Honour and Reputation , then they are guilty of the greater Scandalum Magnatum , to prize your Honour but at two Thousand pounds . Thus they have set the price on 't , in full value in their Opinion ; for , as for Dammages ( you sustain'd ) there was none prov'd .

The Proposal is this , viz.

I Will pay you , upon dedamand , single Costs , ( or , if you have the Conscience to take it ) double Costs , as the Master of the Office shall tax them , ( so you will be sure of something ) ; And I will also give you sufficient Security for the paiment of whatsoever another Jury shall give you upon a New Tryal , if the cause go for you .

Nay , to have an equal and indifferent Jury , I will give you far more Advantage still ; I will consent , that you shall chuse what County in England , Essex , Middlesex , Tork-shire , or where you please , for the Venue , and to try the Cause in , over again , upon this only condition , that the last Pannels of Juries , return'd the last Assizes , in other Causes , in Nisi Prius , in any County , you please , or shall chuse , to draw any of them by Lot , not looking into them , 'till you ( or some for you ) have drawn and are fix'd : And let the Tryal be managed by what Learned Counsel soever , all England over , and before what Judg soever best pleases you , and I will have no Assistance in the management , ( but as the last time ) God , and my self , and my Witnesses , and the justice of my Cause .

And , if you will not accept this fair , this honourable , this profitable Proposal , then consider — how lost will the Justice of your Cause be in the Opinion of all Men , nay , even in your own Opinion , if you be afraid to try another grapple , before an indifferent and equal Jury , not prepossest , not pick'd , not pack'd , not depending upon — to help you out with it .

And , though you have now given me a Foyl , you had twelve such kind of Men to help you ; but it will abate the good Opinion of your courage , the good Opinion of the justness of your Cause , even in your own opinion , if you dare not , upon so fair Terms , let go the catching hold you have got , and take fair hold , when you may assure your Mony , your Costs , your Credit , and your Dammages , ( all now desperate ) only by playing the Prize over again once more before indifferent and equal Judges ; and you shall have Mony of me too for playing the Prize again , with a naked , single , Priest , friendless , helpless ( but ) not hopeless , though you are arm'd with all your Power , Friends , Riches , ( and consequently ) Learned Counsel , High Places , and Interest , and flush'd ( also ) with your late Victory and Success .

I 'le venture all I have in the World upon this Contest , if you will stake an equal Gage : What ? Shall such a Man as I am be run down with one little , single , ill - thriven , infamous Priest , against God's Holy Word , and so many substantial Witnesses ; nay , a Priest that cannot tell his own Tale off-book , with the exactness , uniformity and docillity of a Parrot ? The World cries shame on 't , and of such a Jury .

Nay , ( further ) I here promise that I will surcease the prosecution of that same Harris , in order to convict him of Perjury , 'till ( first ) this new Tryal be over , he shall have his beggarly Ears a little longer on this condition ; That 's some comfort for this Episcopal Witness .

These are the certain Benefits and Honour you may be assured of , by consenting to a new Trial : And if you do not consent , I doubt not but the Judges will grant me a new Trial , whether you will or no , at the Term , upon such Suggestions as I shall make to them , and upon such Motives as has been prevalent with them in other Cases ; and why I should not have Justice , nay , their Countenance too , more than vile Extortioners , Oppressors , or their Abettors and Partakers , I do not understand : I believe I shall live to see the day , that Judges will value the Oath of a Judg , and have no respect of Persons in Judgment , though never so great ; ( Oh! for Judg Hales at this day , and in this Affair ! ) or , if they warp , will warp on the right side , and countenance the innocent Sufferer for telling Men of their Sins , and not warp in confederacy with the Sinners , and grand Contemners of the King's Laws , who are very ignorant , or else , bold , daring , and impudent , to act so contrary to Law , in vile Extortions , &c.

At a fair Hearing , my Lord , you can never justify the Wrongs you have done me , in despight of his Majesty's Laws , and God's Laws ; ( where is Mr. Withins with his dumb shows to give Item hereof ? ) His dumb shows could not keep him in the Parliament-House from his Knees .

How can you answer the invading of my Legal Rights by an Illegal Sequestration , contrary to Magna Charta , and the Petition of Right ?

How can you answer it , to turn Promoter in the Spiritual Court ? Is it for a Bishop to be a Striker , that is , an Action-Driver or Promoter ? and to strike with his two - edged Sword , and hack and hew both ways ? as you have hack'd me in Spiritual Court , and Temporal Courts ? Ecce duo gladii ! The Popishgloss , says , Temporal and Spiritual Sword , but what is that to you ?

How can you answer it , to vex me in despight of a Premunire , with Law-Suits , and Accusations of Barrety , in the Spiritual Courts , ( as you have done ) in defiance of the many Statutes of Provisors ? Are you above the Law ? are you indeed ? we will try that one day : It is no Scandalum Magnatum , to say , that greater Men than you ever were ( or ever shall be ) have been glad to kneel , and submit their sturdy Necks to the Laws of England .

How can you answer it , to vex me in the Spiritual Court for Barretry , in those very Instances , whereof I have been honourably acquit , upon a fair Hearing in the Courts of our Lord the King ?

How can you answer it , as Promoter , to cite me , and prosecute me , in the Name of Robert Wiseman , Doctor and Knight , or I know not who , from my Home , my Employment , my Cure , ( that you ought to further , not hinder ) and not in the Name and Style of the King , as enjoyned 2. Edw. 6. 1. a Statute that I doubt not but to make good against you all ? and then , what will become of you all ?

How can you answer it ? when you were , or might be convinc'd at the King's Head in Colchester , that Martin and Groome , &c. your Apparitors , who forswore themselves against me , and against the Ecclesiastical Records and Registries , still to countenance the Prosecution ? And when I was acquit ( honourably ) still to vex me again , and turn Promoter to plague me for Crimes ( of which I was prov'd Innocent , and to vex me in a Court that cannot take cognizance thereof , and have incurr'd the danger of a Premunire , for the vexation you have done me therein causelesly , and for the illegal Prosecution ? for you ( as Promoter ) swore Witnesses to those Articles ; and cited I was , at your Promotion , to attend your Motions thereon , at Lexden ; Manent altâ mente repostum , when time shall serve , you shall hear on 't .

And when you had plagu'd me almost a Year with these Barretry-Articles , then they dwindled only to Marriages without Banes , or not paying your Registers , or your under-Officers Mony ( as I used to do ) for Blanck-Licenses , or marrying too cheap , this is the worst inconvenience thereof ; and I think that I can prove that I have as much , or more Authority to give Blank-Licences , then your Lay-Vicar , Doctor Exton , or , your Lay-Registers ; ( a fine World ! ) when Matrimony must be the Benefit of those Gray-Fryars , ( instead of the Benefit of the Clergy ) because the Hermophrodites buy their Places , or hire them .

Besides , There is not a Minister in our Town , or ( almost ) in the whole Country but does the same , and why do not you turn Promoter against them also , if Justice be not only the Pretence , but malice , spleen and revenge at the bottom ? why do you make fish of one , and flesh of another ? why a Picque at mee only ? or is it because none of them had the Wit , or at least , not the Grace , nor honesty , nor courage to discover the Ecclesiastical Corruptions , which you are too privy unto , and ought to amend and not boulster them up ; I am ashamed on t ; and so may others too in time , and of such grand Partiality .

Besides those poor five couples , which I am accused off , ( for marrying without Banes first published in time of divine-service in the Parish-Church or Churches ) is a fault impossible to be avoided ; for else the couples could never have been ( Legally and in strictness of Law ) marryed , having no Parish-Churches , nor any divine-service at that time ; and yet your Procters in the Articles swore they were high crimes .

Oh! ( My Lord ) would you be willing to be so serv'd ; and to be so done by , as you have done by me ( to be plagu'd , vext and suspended of your Benefice and Office three years , for transgressing the Rubrick in the Common-Prayer-Book , which you so dayly transgress ( as well as other Statutes ) in your Nonconformist illegal Confirmations , and the like ; which in time I can prove upon you , and not always bear and bear your blows , and be alwayes Defendent .

Or , If I should be such a fool as to give you 2000l . how can you in Conscience or honour take a penny on 't , when you are not damnified a penny ? Are men bound to Repair when there are no Dilapidations ? which of your many High-Places or Preferments have you ( thereby ) lost , either Temporal or Spiritual ? what minute favour of the King have you lost by this Scandal , that had never been heard of , if Harris had not broacht it ?

What displeasure of the King or great men of the Realm have you incurred hereby ? I know not what you may do tho' , by being Unmerciful , Cruel , or Hard-Hearted in using your power ( quite contrary to the Apostles ) and abusing it and your self — for Destruction , not Edification ; you know not yet how apt mischief is to rebound , or the Eccho to tell tales out of School ( as all Eccho's do ) and of its Fathers motions , and ring all the Kingdom over , and make good the Proverb — Harm watch , Harm catch — or how you will answer it , for your neglect of gathering the King's Tenth's , of fingring hoe ; or , not returning the default , a Peccadillo to your other Crimes in this Letter minutely mentioned .

The greatest murthers ( as that of Naboth ) was done by form of Law , and two sons of Belial for false witnesses to prove the Declaration ; but my 2000l . must go upon the Testimony of one Son of Belial ; ( fy on 't let 's hear no more on 't ) my hap is harder then Naboths : Robbers are neverthetheless Robbers , though they have a Vizard on .

If you will not consent to a new Tryal , upon so profitable , so honourable and so advantagious Terms , what will men think and say of you ? how will their Jealousies of foul play be Increased , when you dare not let go this catching hold , and take fair hold before equal Judges ; especially since this verdict ( as I am told by substantial witnesses ) was discoursed upon the Royal Exchange before the Assizes , That the Jury would give averdict for the Plantiff , and 2000l . dammages . If this be so , This is to hang a man first and judge him afterwards , which ( if I prove to be true ) how can you or the Judges , in Justice or Honour refuse a new Trial , that will be so profitable to you , especially if you conquer : whereas now you will get nothing but my bones , which are old and will do you more harm then good ; you will wish you had not troubled your self with them ; they will prove as fatal to you as you can be fatal and mischievous to me ; ( if you do catch them ) and it will be some loss of ready money to catch them ; there will be some craft in the catching of them , I 'le assure you , with all your power , and yet I will seldom be a Mile from your house , perhaps just under your nose , must Men be run down with one single Infamous , Ill-looking , Interested , Ill-thriven , Revengeful , Beshrimpen , Forgetful , Dull Priest , in defiance of Gods word , and in defiance of the Testimony of so many honest and substantial Witnesses , whom no Temptation could corrupt ! never think on 't , it cannot , it shall not be ; yes ! perhaps you may get my Childrens beds from under them , I know not how stony-hearted you will be ; and yet ( I do ) in part .

Shall you first occasion all this by doing me wrong , and sending the wretch to usurp my Legal Rights by Vertue ( or Vice rather ) of your Illegal sequestration ? must I suffer for your mistake and ignorance at least ; ( if it be no worse ) If it be no worse , it must be through your Ignorance of my Title ; and your prosecuting me for Barretry ( as Promoter ) in the Spiritual-Court , must be through your Ignorance of the Law , ignorance of the Statutes of Provisors or worse then Ignorance , for — Ignorantia crassa not excusat — A Bishop and a Privy Councellor ( above all others ) cannot , nay , will not be admitted to plead Ignorance of those Laws that were made on purpose against Prelatical Insolence and Usurpations ; for if your Prosecution was Illegal , blush and repent at least , and make me Restitution for being Promoter thereof , if Legal , why did you abandon it and durst not mention it in the Sentence ? However , it is mentioned in the Process , and you shall hear on 't all of you , if I live .

Nor fundamental-Laws and Constitutions of the Realm , and yet to commend , recommend in Print , and in publick discourse ( in the presence of the Mayor and Aldermen of Colchester , at your last Visitation , kept at the King 's - Head Tavern in Colchester , and in presence of divers other witnesses and worthy Gentlemen ) to seem to justifie the Canons , and Constitutions of forty ; nay , the very first and worst of them — that ( foolishly as well as falsely asserts that ) the most High and Sacred Order of Kings is of Divine-right , being the Ordinance of God himself , Founded in the Prime-Laws of Nature and clearely established by express Text both of the old and new Testament ; ( Right Lambeth — Arch-bishop Lauds nowne selfe ! )

The mischievous and bloudy consequents of this Doctrine is aboundantly discovered in my 2d . part of Naked-Truth , p. 7. which if you had impartially read , you and I had been friends not foes : And none of you ( yet ) did or have been so hold as to answer it , or attempt to confute , otherwise then by oaths of Ecclesiastical-fellows , Whispers , Cabals , Pointings , and Dumb-shows of Council to an apprehensive Jury ( to endeavour my ruin and how did you quarrel me at the same time at your Visitation upon this very contest , shakeing your head , and saying , now you begun to know me ( not for a Tantiviee , even ! Curse ye Meroz was a true English-man ) but said also ( and if you had not said it , this Letter might have been spared ) that you never desired ●● speak more with me ; yet you could turn Promoter against me in the Ecclesiastical Court , and defame me ( to a person of Honour ) as a Barreter , and vex me and plague me with Actions upon Actions ( I never was quiet one week since that contest when you said begun to know me ) Articles , Supplicavits , Libels , Informations , Verdict of your pickt-Jury ( much to your Honour ) Promotions , &c. But because you said ( then ) you begun to know me , you and the world have therefore ( since that time ) known me better , and do know you better too , upon that difference betwixt us , the rise , ground cause and occasion of all our after contests , and therefore you took my place of Surrogate from me , the next day , for I also began to know you then and was more joy fully dismist in hopes that I and the world may know you better , and publickly renounce these Canons of 40. which you publickly commended particularly , that ( which you then justified ) the first Canon thereof , that same Arch — Lauds Canon , the Sybthorpian Canon , away with them for shame ! Manwarings Canon ; for our difference thereupon is a difference about this most considerable point ( this day ) in the Kingdom , a point on which all English-men's lives , Estates , Liberties , their Children and their Wives , does depend ; a point of difference betwixt me and you and your convocation and Canon of 40. which not a Tory Jury , but a Parliament had need to decide .

What ? Ha ? Is it come to this ? Is the boyle Ripe , that has been so long a breeding ? Is the Push come to a Head ? 'T is high time to let out the Corruption .

Behold the ghastly Cicatrizes still ! or rather wounds which were ( I thought ) quite closed , and must men rend and tear them open again Impunè ?

'T is true , Dr: Laud , Sibthorp and Manwaring got preferment by this Tantivee ( before they durst make it a Canon ) principle ; Laud was Archbishop and Chiefe Minion ; But Manwaring recanted in the Parliament-house upon Mantoarings sentence . his knees with Tears , and was grievously Sentenc't , 4. Carol. 1. 1628. by both houses of Parliament , to be first imprisoned ( the Bishops could not help him , ) during the pleasure of the House . 2. He was fined 1000 pound 1. ( that was not 2000 pound to the King ( and yet his offence border'd upon if it 2. were not quite Treason ) and the Original-Rise of my offence , onely my dislike of such villanous and damnable Doctrines . 3. He was to make submission and acknowledgment of his offences at the Barr of the House of Commons , 3. merciful Judges ! for the Poyson of this Doctrine of Devils afterwards occasion'd on one side our late bloody Civil-Wars ; and must we recommend and Justifie at this time of day ? is it come to that after so much blood-shed ? an aggravation , an aggravation ! as Withins said , — remember 40. and the Canons of 40. as well as 41. or 42. when Arch — Laud lost his head ; and the King and Kingdom all most ruin'd , and dare any man publiquely be at it again , when His Majesty has so often declared that he will keep his Oath , his Coronation Oath inviolably , when so many Addresses has been made to His Majestys thanking him that he promises that he will not break his Oath , nor rule us arbitrary ; but as ( we are ) Englishmen and he a good English King ; we do not live in Turky , Muscovy , nor yet in France ; How hastily soever , and furiously some men drive Slaves and Sycophants that having no Children , no Inheritance nor posterity , care not how they ruine posterity to get a little present paultry Preferment , ( the price of their slattering Souls ) nay , they ruine themselves by these Principles as well as endeavour to ruine the King and Kingdom ; such plaguy Ear-wiggs ought not to come near the King-ear , for they wrigle in infection what they can , blessed be God , His Majesty is not capable of such impressions ; no thanks to Earwigs — ( like other men infected with the Plague ) they care not how many they infect , when they themselves have got the Tantivee Sickness , or , like Devils , care not how many they tempt to damnation , being themselves condemn'd ( the expression is not harsh , better for men to be cur'd with Ink than a Hatchet ) You have no better way to acquit your self from Jealousies and Fears , then by as publick an owning of me , as you have publickly vext me ever since I spoke against your constitutions of 40.

4. Manwarring was to be suspended for three years ( gentle ! most gentle ! ) 4. and yet his crimes were more mischievous and fatal then to marry people too cheap or without banes , or without a blank-Licence , ( meer Trangum's for want of other faults , and thus it alwayes is , when men are resolved to find a hole in a man's Coat , and rather then fail they 'le make one where there is none , and then get Procters , Apparitors , and Doctors , and an Episcopal-Tool , to swear in a willing Court — Lo here ! here is great holes ! High Crimes ! ) whereas Manwarings-Doctrine and such like Doctrine occasioned the ruine of our flowrishing Kingdom and Common-Wealth .

5. He was disabled to have any Ecclesiastical Dignity or Secular-office , ( but his fine was pardoned by King Charles the first , and the Doctor punisht with 5. the two best livings in England , namely the Rectory of Stampford-Rivers in Essex , and the Rectory of St. Gyle's in the Fields , and had a dispensation to hold them both ( do not Tantivees know the way to the wood ? and the way not to be plagued with Promoters , Bishops , Articles , Informations , suits , Supplivavit's , Declarations and outragious Verdicts , they are wise and know a way worth two on 't ; and willing to be of the Religion Mr. Sheriff is off , especially if the Court do but command him , to single out and especial Jury for that very purpose and expedition .

6. That he shall be for ever disabled to preach at the Court hereafter : ( and all 6. such as he , they might well have added ( all such Sycophant Preachers might well be spared , even in Lent , the very Harvest for Court Preachments ) all such Poyson-Sellers , that for mischief might out vye the Poysoners of France . )

But the best on 't is our King ( blessed be God ) does not overmuch heed vain Pulpiteers , and does but smile when the Bigotly feaver makes them talk idlely and prate impertinently ( like the Gown Philosopher Phormio , that never saw a sword drawn in anger , or ( if he did ) tremblingly knockt his knees together , and yet the Fop made bold to read militia Lectures to Hanibal — of the art of War . — )

No thanks ( tho' ) to these well-willers to the Mathematicks ; though wise Kings shut their Ears , or smile to hear a pragmatical Coxcomb , or imbost Bygot , who mounted upon the Stage of the over-topping Pulpit ( bless us ! )

How liberally he flings about — Have at all within his reach — And is as terrible as a French Minister when he cockes his Beaver , looks grim , and lifts up his threatning-Arm heav'd up and arm'd with a Geneva-Bible — Gentlemen — look to your heads — look to your Hitts — do not dop your heads there — the man is n●t in earnest — Draw-can-Sir means no harm , he may fright Fools and little Bigots ; but can not hurt them .

For his Threats are as inefficacious perhaps as the Bishop's-Benediction — ( of Paris ) when the flocking-Beggars beset his Lordships Coach , and begg'd his Alms ; instead of opening his Purse , though he was close-fisted , he spread his empty Palms , and laid them gently upon each of their heads , muttering his set-form of words , and gave them ( instead of a cardecu or a farthing ( a piece ) which they expected , ( to him ) ( or more readily come by , or always readier at hand ) a cheaper Commodity ) His Episcopal-Benediction .

At which disappointment the sawcy Beggars told his good Lordship , That if his Bishoping , or Bishop's - Benediction , had not been in his Lordships good Opinion the cheaper ( if not ) the viler Alms of the two , his Lordship would not be so prodigal of it .

The History does not say , whether they grew stiff in the Knees ever after , as not willing to kneel on the cold hard Stones , or in the Dirt , any more , for his Lordships Benediction . — But the Parisians , and jeering nickering Shop-keepers , smil'd to see the wretches kneel so devoutly for an Alms , and yet be angry when they thought themselves disappointed and fob'd off with the empty Benediction of Lawn-Sleeves , ( I mean ) that Popish Lawn-Sleeves , who smil'd in his Sleeves , and said — Si populus vult decipi , decipiatur — as if he should say — The World is a great cheat — The Knaves cheat the foolish Bigots .

But if that Parisian frenchified Bishop had been forc'd by Law to give a Souce or a Shilling to every one he so Bishop'd , that as he pretended to both the two Swords , the Temporal and the Spiritual , to do mischief with , so he might be forced to both the two Charities , the Temporal and the Spiritual — to do good with — And be constrained by Law to be good in spight of his Teeth , as well as cruel and mischievous , and to be as honest as the Publican , that said — Half my Goods I give unto the Poor ; and if I have taken any thing from any Man , by false Accusation , ( mark that ) lo ! I restore him four-fold : And if the Bishop had so given the Poor their old Moety , and Primitive share , in his Mannors , Tithes , and Glebes ; or , at least , let them go snips with him , in getting a Shilling for every time , and every Man , Woman , and Child , to whom he so liberally ( higgle-tee-pickle-tee , hand over head ) gave his Benediction : I am of opinion , the Popish Bishops , whatever the Protestant Bishops may , would not frisk so often about their Diocessess in frequent Visitations , Procurations , Mony , more-mony , Conferences , &c. but rather shut up their Doors , and keep a big overgrown Porter to keep out the crouding Votaries from such Benediction .

However , the Office of such a Bishop would be ( then ) good for something , and they would be ( giving Twelve-pence a Blessing ) spiritually and temporally charitable ; as now some are ( with their two-edged Sword , Spiritual and Temporal ) most troublesome and mischievous , ( in France ) by Suspensions , Silenceings , Church-Censures , Curses , and Anathema's , and Mony — more Mony — Excommunications , Prisons , Jayls , Hey-day ! for an Apostolical Man , alamode de France !

Come , my Lord — open the Pulpit Doors of All-Saints again to me , ( or else I 'le open them my self ) which with so much ado you have endeavoured to shut , and exclude me , and bolt me out ( if you could tell how ) for a Bibble-babble — marrying too cheap , or not with a Blanck-License ( as hundreds others do uncheck'd ) therefore act not in Revenge , nor partially , in devotion to your Registers , that used you unworthily , ( in many Mens Opinions ) in making a Promoter of you , for the accomplishment of their viler and baser Ends : And let there be no more strife ( as Abraham said to Lot ) betwixt me and thee , betwixt my People and thy People , for we are Brethren — why should we thus quarrel a days , and thus fall out by the way — about your Registers , Blanck-Licenses , or Fees illegal — or Mony ? — And a little Mony has ( to my knowledg ) often taken up this Dispute with them — : for you know — Mony is all they aim at , that buy their places , or hire them — you know it well enough ; — or , if you do not , I can tell you how , and where , and whom , and when —

And as for your little Harris his Evidence , ( if it were true ) consider the first provocation you gave me , through your ignorance of my Title to the Benefits of the small Tithes of St. Buttolphs ; to usurp which from me illegally , you sent the Creature with your Sequestration ; would you be so done by ? or have your Superiors to take from you your Rights , and you must not speak for your self ? and tell them , they are ignorant and mistaken in your Title ; or , if you do — slap — says the Usurpur with an Oath upon you , and reports your words in the worst sence , and another sence than you spoke them .

For Harris has not wit , memory , nor docility , to repeat my words twice together alike off-book ; and must I pay 2000 l. because he wants Wit or Grace ? My Lord , 't is hard ! you would say your self , if it were your own case .

Why should we make our selves thus the Town-talk , the Kingdoms talk , the chat of every Ale-bench and Coffee-house ?

This might have been — in time foreseen ; — but you did not know me , when you said you began to know me ; if you had , you would not have ventured to attempt to — wrong me of my said Rights , to please ten thousand such as Harris , a little Minion , that neither you nor the Church can have any credit of , more than of a little Fucus , good for nothing but to paint your Cheeks with a blush ; and to say too late — I had not thought . Better late thrive ( tho ) than never — I assure your Lordship ( as I did formerly ) I have not done half my best , ( that is — my worst , as you will call it perhaps ) ; and you will find it true , and the Men of Doctors Commons too , ( say ) I tell you so ; whereas I , as I said before , do lie on the ground , and can fall no lower , I am shot-free ; or , if with so much advantage of Power , and the outragious Verdict of your Pick'd-Jury , you hit my Body , yet you shall never finger my Estate ; and my old Corps will but make you sick of them , and prove fatal to you , and annoy you , if you do catch them ; extend then your utmost cruelty that your great Power or Revenge can contribute , yet stony-heartedness will bring no other renown to the Bishop and his Clerks , except the external blame and fame of being mischievous to all Posterity , by virtue of a single Oath of an infamous Wretch , that swore for his own Ends , against all the By-standers , and believed by a Jury singled out for the Service , against the Word of God so expresly to the contrary , as aforesaid ; a Bishop should not countenance this ; nor is Scandalum Magnatum an Offence at Common Law , but an Offence only against a Penal Statute , and the Penalty , Imprisonment ( only ) 'till the Author be found out — but the very words of 2. Rich. 2. are scarce intelligible in the last words ; Yet , no Punishment of the Author is mentioned in the Statutes ; and Penal Statutes ought to be taken strictly — and not extended to Dammages — ( as the Lawyers have finely spun it out ) — especially when no harm have you received , nor ever could , if Harris had not broach'd his own Lies , and father'd his spurious Brats on me — and I must be charg'd with them 2000 l. thick , by false accusation : Remember Zacheus , Luk. 19. 8.

But , not a Penny ( upon my word ) shall you get , except you will consent , as aforesaid , to a fair new Trial , by an indifferent Jury , empannell'd in other Causes , and not pick'd for this Exploit only .

This is not a Time ( my Lord ) for Bishops to rule with a Rod of Iron , and break Men in pieces like a Potters Vessel ; Christ and his Apostles did not so .

This method might have done ( simply tho ) in Queen Mary's days , and in the Inquisition of Spain , and in England too , when the High-Commission-Court was up , but the wringing of the Nose brought forth Blood — and the bloody and cruel Bishops paid dear for it in conclusion — Mens Eyes are opened — It is not to be done now in England . — If we may judg at the Minds of the People , more by the last Parliaments , ☞ than the last Addresses , ( which I like well enough of ) ; But were there not as many , and as numerous Subscriptions to that Usurper , Richard Protector , nay , more zealous Expressions and Promises ?

But when he needed them , not a Man stood by him — I know the case is vastly different — but not different in zealous Promises and Protestations .

But as little Rivulets alter their Motions to follow the great Tyde — and the Stars obey the motion generally of the Primum Mobile , though they may have some little excentrick motions of their own : For , whatever the generality of this Nation does affect or disaffect , it shall become a Law ; ( it is naked Truth )

Oh! but we have a Law and Act of Vniformity , and must not Laws be put in Execution ? I answer — No — not with partiality — but either hand all or save all — either punish all Nonconformists or none — make not Fish of one , and Flesh of another — ( say ) — In your Conscience and Honour , is there any Conscience ☞ or Honour in this Partiality — Hang it — It breeds ill Blood — Shall a Non-conformist-Bishop send Men to the Devil for Non-conformity ? Hey-day — where live we ?

Besides , Cruelty , Severity , and Persecution , does ill become a Protestant Bishop ; the Servant of the Lord should not strive — but with meekness instructing ( not Jayling , nor Cursing ) those that oppose ( mark that ! ) themselves .

Should they ( indeed ) Curse them , and Jayl them , and send them to the Devil by Excommunication , and tossing them to the Magistrate , ( as nimbly as if they were but Tennisballs , and all this Racket about a Moot-case , or , Mony matter ) by Significavits , in order to Jayl them ? And then the nimble Magistrate tosses them to the Bishop again ?

As the Justices of Middlesex admonish or desire you , in their late printed Declaration , to deliver Men to Satan by Excommunication , that so ( also and likewise ) they may not be capable of suing for their lawful Debts , nor be Competent Witnesses , nor Jury-men , nor Testators .

This is no Persecution to speak of — but — except death — what is worse ? — Nay , 't is worse than Death to be thus us'd for a Bawble .

Time was when I writ — Curse ye Meroz — that I was just of those Mens scandling . — And in this particular , had no more wit than Sir George Jefferies — who then admir'd my folly , ( for such it was ) as all Men admire those things that sit their own size , their pitch , and their attainment , their honour and their scantling .

But , I confess , my Lord , at that time , I knew no better , ( How does Interest blind the Eyes of the ☞ wisest ? ) 'till I consider'd the Golden Rule of our Saviour in this case , of doing as we would be done unto ; And how loth we should be , that the rigour of Law should be exacted for our Non-conformity , or — Premunires — And that Empson and Dudley were hang'd for being so rigerous ( against the general sence ) in exacting the penalty of Statutes , in force too : Some Justices ( now ) admire this Policy : Hullou ! Let them go on — They got the Law in their own Hand . —

Time was , when I look'd upon all Non-conformity , to proceed from Humour , Frowardness , Self-conceit , ☞ or Design , rather than from tenderness of Conscience ( the mock of Atheists that have none ) until I had impartially weighed their Arguments , which I could never ( as yet ) meet with any Man that was able to answer ; if you can , you understand more than I.

No , not that Argument of King Charles the First , mentioned just before the last Verses of my Black Nonconformist — concerning ☞ Conscience — God's Throne — And therefore refrain — Do not ( like the Giants ) attempt to scale Heaven — the Babel is in vain to boot — though Pope and Devil — High-Commission or Inquisition should confederate against Conscience ( God's Throne ) it is hard for such Persecuting Saul's to kick against the Pricks .

Besides the great Friend of Persecutors ( innuendo ) the aforesaid Devil usually leaves them ( as he does Witches ) when he had brought them to the Gallows . —

I do not desire you should , in a sowr humour — turn the Cordial Wine in this Letter to Vinegar , and cavil ☞ at it , as formerly , and make it my Accuser ; but do — if you have the boldness — for I will justify it to a Tittle ; and that there is no Scandalum Magnatum in it , to any but the Wicked , who have most need on 't , and therefore much good may it do them .

There is a Divine Nemesis , a Divine Vengeance ( the Heathens could say ) that pursues bloody and cruel Men — they shall not live out half their days ; like that Heathen Adonibezeck ( I shall live to hear them say ) As I have done , so God hath required me .

And , my Lord , you have not such Enemies under Heaven ( in time you will believe me ) as these Ecclesiastical Fellows that egg you on , and hearten you on to stalk as their Promoter , for their own little ; and baser Ends and Gain , ( in their dear-bought Offices and Places ) to these harsh Methods , so below the dignity of a Bishop — saying — What will become of Discipline ? what of the Church ? Fie on them !

What care they for Discipline ? that ( as well as they love Mony ) coine but little out of Whores and Rogues , Swearers , Drunkards , Tories , and Blasphemers ; except of a poor Whore now and then — but Mony will redeem or buy off a white Sheet .

But , if there be a consciencious Non-conformist — they coin him presently — or — if he will not down with his Dust — and ready Darby — then curse him and Jayl him . — Brave doings ! and yet what Wretches in England are greater contemners of the King's Laws than they ? or , greater Oppressors ?

And how can you answer it , to talk of Discipline and Excommunication , and be a Promoter , — and yet not deliver these Fellows to the Devil , amongst other vile Sinners ? What has the House of Prayer to do with a Den of Thieves ?

For shame ! for shame ! for shame of the World , and speech of People , abhominate this Partiality , or , pretend to no Discipline at all . The very Heathen Romans did so hate Partiality , that Brutus sacrificed his Son to Justice : And shall a Christian , nay , a Protestant , nay , a Protestant Bishop , be guilty of Partiality ? ☞ and draw his two-edged Sword against some Dissenters , and some Non-con's , and some that marry without Blanck-Licences or Banes , and yet connive at others ; nay , at the impudent contempt of the King's Laws , in Extortions and Oppressions , and illegal Fees , of his own Servants and Officers just in his Eye , and under his Nose ?

It admits no Answer — no Cavil to evade it — A Premunire is not harsh for harsh Men , and partial and unjust , cruel Men. Augustus ( busy to reform the State ) blusht when a Peasant bid him go home and reform his own House first , his Wife and Daughters , being the veryest Whores in Rome . Whose Vices ? what Sins ? what Oppressions does your Discipline-mongers correct ? no , not their own ; good doings the ☞ while — when Vice corrects Sin — nay , it does not that neither — if there be Friendship , Tory-ship , Tantivee-ship , or Mony in the case — Rare Discipline ! — Let me hear no more talk of Discipline , except it were better . Where does one ( of all the Whores in England ) stand in a white Sheet for lying in polluted Sheets ; are they amicae Curiae .

Besides , Tho to me it seems improbable , that ever Popery should be the State-Religion , yet it is possible that it may be so , and then — by this Act of Uniformity-Principle , we must all be Papists or Mariyrs — Then I think we have uniform'd sinely , and have made a sine Scourge for our own Backs — And well may the Inquisition-men stop our Mouths with our own Arguments , and Methods unanswerably , with — Out of thine now Mouth will I judg thee , thou wicked Servant —

But , all this while , I had almost forgot our old Friend Mr. Manwaring and his Sentence — which was . —

7. That his said Book was worthy to be burnt ; and that his Majesty may be moved to grant a Proclamation to call in the said Books , that they may be all burnt accordingly , in London , and both the Vniversities , and for inhibiting the printing thereof upon a great Penalty .

This was a true English-Parliament — in 28 , and not that of 40 , nor 41 : 41 as the rascally-Hireling Pamphleteers thunder it , Slaves like Esau , that vilely sell their Birth-rights . And all the Addressers in ☞ England , can never chuse other than true English-men to defend their Liberties , their Lives , their Estates , their Children and their Wives ( basely sold by Pensioners formerly ) — tho the Tantivy-Slaves little deserve such a Parliament . England is not frenchisied , nor ever will , never think on 't , they 'll dye ( first ) a thousand Deaths , if possible : Men may as well talk of — 21 , — and 28 , — and 71 , — or — 91 , as 41. For when we are dead , our Children will be true free-born English-men ( and so dye ) if they be not Bastards .

Now , my Lord , compare the Crimes of the Laudian-Convocation of 40 , ( for which you do so stickle , and hate me , and vex me ever since I opposed them ) Canon 1. with the Crimes of Manwaring charged upon him in Parliament by Mr. Rous , namely , a Plot , and practice to altar and subvert the Frame and Fabrick of this Estate and Common-wealth .

1. In labouring to infuse into the Conscience of his Majesty ( Oh! may such Ear-wigs never now come so near him ! ) the perswasion of a Power not bounding it self with Laws ( the very Crimes charged against Duke Lauderaale and the E. of Danby by the Loyal Long-Parliament ) they sate never the longer for that tho ) But what car'd they ? which King James of famous Memory , calls in his Speech to the Parliament ; Tyranny , yea , Tyranny accompaned with Perjury . ( where is your Jus Divinum now , my Lord ? and your Prime-Law ? ) In your Constitutions of — 40 : See the Articles and Impeachment of Arch-bishop Laud.

2. In endeavouring to perswade the Conscience of the Subjects , that they are bound to obey Commands illegal ; yea , he damns them for not obeying them ( vide your Can. 1. of 40 , to the same tune . )

3. In robbing the Subjects of the Propriety of their Goods , ( vid. the Proceedings twelve Years together , from 28 till 40 , whilst Bishop Laud was a Minion and a Privy-Counsellour ) in Loanes ( you may call them Gifts , for they were never repayed , Ship-money , Customs , and such like ) If a High-way-man say , with Sword in hand , Come — Friend , I must borrow your Purse , we had as good give it him as be cut .

4. He brands them that will not lose this Propriety with most scandalous Speeches and odious Titles , to make them both hateful to Prince and People ; so to set a Division between the Head and the Members , and between Members themselves , ( and how like , my Lord , are your Proceedings against me ever since you ( said ) ☞ you begun to know me , when I spoke against your Canon and Constitution of 40. How have I been vext and plagu'd ever since , a Martyr for the Publick-weal ) against your Canons of 40 , by your Promotions , Citations , Processes Ecclesiastical , about Fiddle-faddle , Suspensions , Excommunications , except I would pay a Guinny , ( which I did ) Suits , Articles , Libels , Actions , Informations , Whispers to Judges and Great Men , Supplicavits , Informations in the Crown-Office , Defamations as a Person convicted of Perjury , Declarations , and now , an outragious , and convicted Verdict of 2000 l. And yet , ( for God's sake ) what one Evil have I done ? or , who swears against me , but the for-sworn Rogues , Groom , and Martin , your Apparitors , six Proctors , Harris and Exton , all Ecclesiastical Fellows ? And yet here 's no Plot ( belike ) against my righteous Name and Reputation ; I never was quiet one whole week together since that fatal time that your Lordship begun to know me ; Know me ! for what ? for what ? for what you shall know me till I dye , ( against your Lambeth-Canons of 40 ) a true free-born English-man , that hath a lusty Posterity , and Estate for my Heirs ; and Heirs for my Estate ( if I can but keep it out of your Episcopal-Gripes ) and I 'le gage all I have ( chearfully ) upon this Quarrel and Difference , the true cause of all our Differences ever since , and more fit to be decided by a Parliament , than a Tory Jury , pickt and singled out . If I had said , as you said , and as the Convocation of 40 said , and as the Poor Clergy ( then present ) durst do no other than say , It had been 2000 l. in my way , and a better penny , the Canons of 40. with a Curse and mischief attending them . But no Bribes can tempt me , nor Fears appale me ; as the Cardinal told the Pope of Luther when he refused a Cardinals Cap , — Germana illa bestia non curat aurum : Therefore keep your Gifts to your self , and your Threats too , and reserve your High-Places and Preferments for Tantivies , I am none ; nor for Threat or Money to be made a Slave , or a Traitor to the Fundamental Laws and Constitutions of this Kingdom ; and this , as Mr. Rouse stiled it , to the Speaker without Rebuke , This State and Common-wealth ; not unlimited and absolute Monarchy , but bounded within Laws ; not by prime Law of Nature , nor by express Texts of Holy Scripture , as falsly , Can. 1. of your Constit . 40. but by human Bargain , Compact and Stipulation , contracted and agreed unto betwixt the King and his People .

5. To the same end , not much unlike to Faux and his Fellows , he seeks to blow up Parliaments , and Parliamentary Powers . God grant there be no such Vilanies alive at this day ! No such privy Earwiggs — nor therein Successors of Laud. One would think a Bible should better become Bishops , than unhinging of Governments and Fundamental Laws , that the Sycophanis have no skill in , thus — unlike Apostolical-Men — and leaving the Word of God to serve Tables : Acts 6. 2 , 4. nay , leaving it to do Mischief and get the Kingdom 's Curse , and sometimes a Block for their Pains , and unsuitable Albtro-Episcopal Mischief . Hamlet , King of Denmark , was poysoned and kill'd , by Poyson poured into his Ears as he lay carelesly and securely , and supinely sleeping by his false Friends and Sychophants . We are told this day by Nat. Tompson's Intelligence [ Numb. 134. ] that John Wolf [ I do not know whether your Lordship ever heard of him or no ] that notorious Pick-pocket , when he was [ on Saturday Feb. 18 Instant ] at Salisbury , drawn to Eexcution , confessed that he had pickt Pockets at St. James's Chappel , at the time of receiving the Sacrament , &c. God bless us from Church-Pick-Pockets ! Amen .

Thus [ saith Mr. Rouse to the Speaker ] you have heard the Voice of the wicked one — Judas ( quid dabetis ? ) what will you give me ? [ two good Livings and Preferment and Favour , Tantivie ] And I will betray this State , Kingdom , and Common-wealth .

And observe how Manwaring nickt the time for rendring this damnable Doctrine , namely — in the Heart of the Loan , and printed in the Term that ended in a Remittitur . So that you might guess [ saith he ] there might be a double Plot — [ namely — at Westminster-Hall as well as in the Pulpit at White-Hall ] by the Law — and Conscience to set on fire the Frame and Estate of this Common-wealth , was Mr. Manwaring — [ just such another Man as he that justifies the Canons and Constitutions of 40 ? well — he got Preferment by it , but it was his ruine , ] as well as the like Doctrines the ruine of this Kingdom and Common-wealth .

And by his Divinity [ saith Mr. Rouse ] he [ Manwaring ] would destroy both King and Kingdom : [ mark that ] the King , for there can be no greater Mischief , than to put the Opinion of Diety — [ whose Will is a Law ] into his Ears : [ yet how ignorantly and impudently , by that Lambeth-Synod , attempted in that Can : 1. of the Constitutions of 40 , from , falsely pretended express Divine Scripture : Will Men never take warning ?

For if [ continues Mr. Rous ] from the King's Ears , it should have passed to his Heart , it had been Mortal : you know how Herod perished : [ I may add , you know how King Hamlet perished and died by this Ear-Poyson ] Will Men never take warning ?

King Alexander the Great , well answered his Sycophant Courtiers , that Diefied him — He that empties my Close-stool , is not of your Opinion ; nor did the Wenches that lay with Jupiter and Hercules think them to be Gods ; or , but very lustful , beastly , Goatish Gods . Jupiter appeared to Io more like a Bull than a God .

Now [ continues Mr. Rous ] this Man [ Manwaring ] gives Participation of Omnipotence to Kings : tho a Part may seem to quality , yet all doth seem again to fill up that Qualification , and very dangerously , if we remember , that God saith of himself , I am a jealous God .

He goes about to destroy this Kingdom and Common-wealth by his Divinity . But do we find in Scripture such a destroying-Divinity ? [ yes , yes , if we believe a whole Synod , and believe the Constitutions of 40 , my Lord , mischievous Canons of 40 , I may well say , and so may all mine , and this poor Kingdom too , ruined and undone by such Synchophant-Tantivee-Doctrines . ] Surely I find there [ namely in Scripture continues Mr. Rous ] that God , is the God of Order , and not of Confusion — and that the Son of God came to save , [ mark that — my Lord ] and not to destroy . By which it seems he hath not his Divinity [ mark that too — my Lord ] from God , not from the Son of God — And that we may be sure he went to Hell for his Divinity , he names sundry Jesuits and Friars , with whom he hath consulted ( mark that too ) and traded for his Divinity . But not to be-ly Hell it self ; the Jesuits are honester than He [ mark that too ] for if he had not brought more Hell unto them , then he found with them , he had not found this Divinity in them , which he hath brought forth ; yea , in his Quotations he hath used those Shifts and Falshoods , for which Boys are to be whip'd [ mark that too ] in Schools , and yet by them he thinks to carry the Cause or a Kingdom , [ mark that too , my Lord ] you see the Ground and Occasion of this — Difference betwixt your Lordship and my self [ begun in the Presence of Mayor and Aldermen of Colchester ] is not private Piques , but an adjudged Case long ago — in many Parliaments , and called in 1628 , in Parliament , The Case of a Kingdom ; and so it is , and will be — See the Book called , The Loyalty of the last Long-Parliament — wherein , tho there was a long Bill of Pensioners ( who may yet live to be hanged , for it is far worse than robbing by the High-way ) said to be found amongst them , such as the Treasurer had gratified with two hundred thirty one thousand six hundred and two Pounds in two Years time — ( Oh liberal ! on a poor Kingdom 's Stock , and so empty an Exchequer — as the Widows and Orphans howl ! ) Yet the major part of the Parliament did , and for ever will continue true English-men to the ancient Constitution and Frame of — Government , and the Fundamental Laws — ( the Scoff of Tories and Tantivies . )

This Loyal Long-Parliament plainly told the King in their Address against Duke Lauderdale — Feb. 23. — 75. ( not 41 nor 40. ) that he was abused — saying — Some Persons in great Employment under your Majesty , have fomented Designs contrary to the Interest of your Majesty , and People , intending to deprive us of our Ancient Rights and Liberties , that thereby they might the more easily introduce the Popish Religion , and an Arbitrary Form of Government ( well coupled in troth — Papist and Tantivie — together ) to the ruine and destruction of the whole Kingdom , &c. ( then particularizing ) The Duke of Lauderdale , did publickly affirm in the Presence of your Majesty sitting in Council ( I am apt to think your Lordship heard him ) and before divers of your Majesties Subjects then attending , that your Majesties Edicts ought to be obeyed — for your Majesties Edicts are equal with Laws , and ought to be observed in the first place . — Thereby justifying the said Declaration ( of March 15 , 71. ) and the Proceedings thereupon , and declaring his Inclinations to Arbitrary Councels , in terrour of your Majesties good Subjects .

They conclude thus — We do therefore in all Humility implore your Sacred Majesty — That for the ease of the Hearts of your People , who are possest with extream Grief and Sorrow to see your Majesty thus abused and the Kingdom endangered ; that your Majesty would graciously be pleased to remove the said Duke of Lauderdale from all his Employments , — &c.

Wherein , if his Majesty has gratified his People to ease their Hearts from the said Terrour , your Lordship knows better than I.

And in their Addresses against the King's Declaration of Indulgence — they tell his Majesty plainly , but with all Humility — That Penal Statutes in Matters Ecclesiastical ( mark that ) cannot be suspended but by Act of Parliament — and yet some Judges have been of another Opinion , ( I know who , and where , and when , when time shall serve . )

And tho his Majesty tell them in answer — That they question his Power in Ecclesiasticks , which he finds not done in the Reign of any of his Ancestors .

And in fine — His Majesty did desert the misinformations of Earwigs , and adhered ( as most safe ) to his great Councel of Parliament , and did cancel that Declaration — ( notwithstanding the suggested-Power in Ecclesiasticks ) and declared it should be no President for the future . Let no man dare make any such suggestions for the future , and may such Earwigs also be banish't to any part of Earth , or into the Earth — rather than thus to plague a King and Kingdom at this rate , in all Ages , and vex and grieve his Sacred Majesty and his Parliaments — what a pother and a doe have Parliaments had with these Tantivies in all Ages ? And how ruinous and ruful were the Consequents — I know not whither you — my Lord , can remember , But — I can , by woful experiment — you said you begun to know me — now you know me better , and I know you in part — I hope I shall know you better ; the onely design of this Letter —

I wish Synods , and Lambeth Convocations , and Bishops would keep to their Bibles , and mind their own business ( work enough , in conscience , for 1000 Bishops in England if they would stoop to be Conformists to the Act of Uniformity , and more than a thousand Bishops can legally perform , if there were so many in England ( for there was a greater number in a far less spot of ground in Africa , Contemporaries with S. Austin the Bishop of little Hippo , that was never so big as Islington ) which is not impossible ; nay — if we had a thousand Bishops in England they could not at all do — the confirming work alone — let alone the Work in the House of Lords , and at the Councel-Board , and their promotions at Doctors Commons , and ther Actions , Suites , and Declarations and Libels , as Action-drivers and Promoters , and Visitations , and vexations ) of ruinous consequence to the Projectors as well as to the Kingdom ) such as the Tantivie Doctrine of Manwaring and little Laud — that had better minded his Book , his excellent Book against Fisher — then to turn Politick-Engineer , and Master-Gunner in planting of Canons against the Fundamental Laws , that such Tantivies are not skill'd in — but if they read but of a King in Scripture , though it be Rehoboam , ( that Fool ) or Caesar ( that Heathen ) then Heysday ! — for the Pulpit — or the Synod — Hey for Lambeth and the Canons of 40.

But , you will say , what have I to do ( a Priest also ) with these State-matters '

To which I answer . 1. These State-matters ) improperly or foolishly handled by your Tantivee-Archbishop Laud , and your Tantivees ( Bishops that would have been ) Sybthorp and Manwaring ) and by your Tantivee Canon . 1 of the Constitutions of 40 was by you justified in your publick Visitation , and before the Mayor hnd Aldermen of Colchester , and the greatest part of the Gentlemen of the Town and Clergy of that Precinct ; and for you boldly to recommend or justifie this Tantivie-Canon 1 of the Constitutions of — 40 — I know not whether all the Clergy you have , or any Friend in England would have thus adventur'd — suo periculo — to awake you out of this Tantivee-dream — in which , as in the old disease ( the Plague of English-men , and of English-men only ) called Suder Anglicus , or the English-sweating-sickness , if you sleep in it , 't is mortal , if you had a hundred thousand lives ; and I think you are beholden to me , above all mankind , him that you have thus vext above all mankind , for nothing but the cause — the cause of the Kingdom — the cause — and Fundamaentl-Laws , scoff't at and derided by none but drunken Tories , and Sack-posset-Tantiviees that cry — brother — let me pledge thee — Brother Sybthorp , Brother Two Livings Brother Manwaring , Brother Arch-Laud ; they will be loath to follow him though at the long run , and latter end — But it is that we must all come to — If we be Tantivees — therefore as you love your self , my Lord , and me — Let me hear no more — in my part of Essex — any more Commendations , Justifications , Aggravations , or Recommendations , of this ignorant Synod , and Tantivee-Convocation — of Lambeth — in their Constitutions of — 40 — nor of any such Synod-men , that were never lick't into Form-Political ; let them tell Sacred Stories of God and Christ — I but no more Politick Canons of — 40. against the Fundamental Laws — if you love me , or my betters , ( innuendo ) your Lordship for one .

2. This Politick-Lecture of State-matters begun by you and your Lambeth-Synod has been a Plaguyvexation to our Kings and Parliaments in all Ages — read the History of the Barons Wars in King John's Reign — Hen. 2. Hen. 3. The Edwards — The Richard's , the Henry's — I had almost said — The Charle's . By what I have said , you read the said Bickerings in the Reigns of King Charles I. and our present Soveraign King Charles the II , and His Loyal House of Commons , then which never any King was more Happy than He in that — yet ( though ) chosen in a time of Languishing Expectation , after the Prosits and Benefits of a King ( which we had too long wanted ) they were English-men still — And he 's an Ass that expects a fitter juncture or more auspicious Election — for the choice of Parliament to carry on any Designs but what are Catholick , and according to the Good Old Cause — I mean the Fundamental Laws — which not a few swearing and beggarly Pamphleting Tories , and unthinking and very impudent Tantivees , and withal very ignorant , are able to defeat , though they draw down their Canons of 40 — which I thought had been nail'd and damn'd , and ram'd 40. years ago , by the Tories Themselves and Tantivees to whom they prov'd so fatal — will men never take warning ? must Parliaments always be plagu'd with these Earwiggs and Tantivees ? Flaterers and Court Sycophants , and Blesphemous Insinuators of Divinity into Humanity by a most Atheistical Invention of a New Hypostatical Vnion — But the Holy Trinity admits no Partners , though the Priests teach us , or inculcate never so villanously , traiterously , falsely , illegally , unscripturely , irrationally , or blasphemously . It is a high shame , that 's the truth on'c , that such Tantivee-Doctrines should thrive — and such as stand up for the Ancient Laws and Liberties must suffer above all others : 't is a shame , power should be thus abused ( like a silk worm ) to ruin and consume its self to bedeck worse Vermin — 't is a shame — I will not venture to say any more — but draw a Curtain over some mens shame , because I will not show — all — their Nakedness — I forbear — my Lord I have done — And leave you to think sadly to think ( and with sorrow ( I hope ) and repentance too ) for justifying this first Canon of the Constitutions of 40. those Chequer-works of different Hue — black and white — good and bad — especially the First of them — nigro carbene notamur — let you and I remember that First fatal Canon of the 1. of the Constitutions of 40. that has been so mortal already , and will still prove ( without very timely and immediate Repentance ) baneful to one of us , or rueful to both of us , or to this Kingdom , State , and Common-wealth .

But still you will object — what have I to do to discuss these State-matters , sit chiefly for a Parliament ?

I answer — That you have given the occasion ( the sad occasion ) It now becomes me , and becomes necessary what before had been as impertinent as for a Bishop or Synod-man to meddle in the State-affairs .

But 2. Do you compare my Skill or Learning or Vndeastanding in Laws and State-matters — with meer Cassock men , meer Synod-men , that never yet were lick't into other Form or Fashion , than their own Tantivee Will and Inclination — undisciplin'd , unrefin'd in Judgment , by the study of the Law of the Land , the study of men , and the Laws and Tempers and Constitutions of Forreign Kingdoms , more whereof I have seen than some Tantivee Circingles ever read off ( in Heylin's Geography , if they have it ) And do you compare my Knowledg-Salt-water-Souldiers Knowledg in State-matters , Do you compare us that have been Souldiers ( at least on this side the Water in times of Peace ) with meer Cassockmen ? I Hope there is no Compare , at least the Comparison is as odious , as groundless .

But , I had almost forgot the Provost of Eaton , where I left him ( Mr. Rous to the Speaker ) saying —

For a Conclusion , to give you the true Character of this man ( Dr. Edward Manwaring ) whom I never saw , I will shew it you by one whom I know to be contrary to him — Samuel — ( we know all to be a true Prophet , now we read of Samuel — that he writ the Law of the Kingdom in a Book , and laid it up before the Lord . And this he did as Mr. Manwarings own Authors affirms — That the King may know what to command , and the People what to obey .

But , Mr. Manwaring , finding the Law of this Kingdom written in Books , tears it in pieces , and that in the presence of the Lord ( right Tantivee ) in a Pulpit , that the King may not know what to command , nor the People what to obey .

Thus Mr. Manwaring being contrary to a true Prophet , must needs be a false One , and the Judgment of a false Prophet ( mark that ) belongs to him .

I have shewed you an evil Tree , that bringeth forth evil fruit , and now it rests for you to determine , whether the following sentence shall follow , cut it down , and cast it into the fire .

Thus have you seen , my Lord , what a Pother and a do , these Clergymen have made in the Kingdom , how Parliaments have been plagu'd with these Tantivee-Jehu's , ( nay Kings most of all , and themselves also ) the Rash Phaeton's setting the world in a flame by ambitiously mounting and driving switch and spur , Gallop and Tantivee in a Chariot they have Pride to mount , but no skill to drive , sindging and burning themselves to boot in flames of their own kindling .

In your next Visitation , I hope , we shall hear no more of these Canons and Constitutions of — 40 — I wish it for my own sake , that would avoid all occasions of Contests , Differences , Suits and Disputes with all men , more especially with you , but I wish it also more for your own sake , you will most repent it in Conclusion , if it take Air , and be nois'd abroad so loud , till it come to the Ears of the King and Parliament , ( when we got one ) His Majesty has promis't his Subjects frequent Parliaments ; the Fundamental Laws ; which whosoever attempts to undermine , and liker another Faux , to blow up , it will be his ruin , and fall heavy on his head .

Better leave no Lands , no Fields to our Heirs , than Akeldama's only , or Fields of Blood ; or else in base Tenure , at the Will of the Lord — much worse , at the mercy of every Court Sycophant that may well beg us and our Estates for Fools , if we be willing to part with our Fundamental Laws for Manwaring's Sycophantry , or , your so magnified Can. 1. of the Constitutions of — 40.

And , in your next Visitation , not my Sufferings will so far daunt the English-Clergy , but that they will remember , they are Englishmen , not Scots , nor Irish Tories , nor Lambeth Canon-men , especially when their Eyes are a little more opened with more Naked-Truth — for Magna est veritas & praevalebit ; Men will not long be blinded ( under pretence of Loyalty ) to abuse the King , the Constitutions of the Kingdom and themselves and their Posterities ; nor be willing to bold their Liberties , their Estates , their Lives , their Wives and their Livings ad nutum Episcopi , no , nor ad libitum Regis , but ad libitum Legis . Oh vile Slaves ! willing by cowardly Pedantry or ambitious Sycophantry to be Hoodwink't , and led by the Nose to a certain Precipice and ruine , or , to have a Ring put through their Nose , and led about like Bears for Sport , or , Collars about their Necks , because enamell'd perhaps , or made of Silver — and snapping and biteing and snarling at him above all others that would take the Collars off , wnuld unringle them , would unhoodwink the blind-men Buffs in spight of their Teeth : I 'le do 't , I am resolv'd , let them snarle and bite — poor hearts — it is their nature — they cannot help it , nor can I in reason expect other requital of my Charity , I know them , the men and their Communication — the men and their innate envy , and peevish revenge : In time , they will grow better , when prejudice and passion makes them not forget that they are Englishmen ( not Irish-men ) Christians , ( not Bigots ) and willing to be governed by our ancient English Constitutions and Laws ( not the Manwaring and Laud's Canons and Constitutions of — 40. )

Have we , with so much adoe , been puzzling all this while , these 40 Years , and are we not yet got over the Lambeth-Canons and Constitutions of 40 ? must the Church and Kingdom twice be split on the same Rock ? some men endeavour it might and main ; or else the Loyal Long-Parliament were not the Happy House of Commons ( as the King styles them ) at least not happy in their Intelligence , if they struck so violently ( without sufficient Reason ) against Duke Lauderdail and the Earl of Danby , for this very cause of the Kingdom , The Good Old Cause ) ( without a Sarcasm ) Good for the King and Kingdom , the best and surest , if not the only way to make the King and Kingdom happy , safe and pleasantly united , against which ( the old and true foundation and principle ) none ever yet attempted , but it prov'd his ruine , bringing the Old House over his Head .

And when you hav impartially weighed the mischiefs that have attended these new Sybthorpian Doctrines , Manwaring and Dr. Lauds false Canon of — 40. you and I shall never more quarrel , nay , let us now shake hands , enter the Ring again , and try the other touch in a New Tryal , or , let us shake hands , and be friends , and on Condition you be so Good Natur'd as to remit this Vnconscionable and Outragious Verdict I to shew my Good Nature , in requital will Remit the Injuries aforesaid , the Original Sin that has tainted the Consequent Differences and Contests , I hope I have in this Long Letter given your Lordship such sufficient satisfaction about the Canons of 40 — the vanity , the Mischief and Falshood especially of the 1. Canon thereof that , like eager Disputants , we shall end just where we began , and yet , both be wiser and better , and the Kingdom too , for this Contest , and then this Outragious and Vnconscionable and Vnreasonable Verdict will have a Happy Issue , in either Curing the St. Anthonies Fire Heat and Tantivee-Flame , that has not only endamaged Me , but Endanger'd the Peace of the Kingdom , if we believe the late Long and Loyal Parliament , or if not convert , at least convict and rise up in Judgment against those Erostratus's , that get great Titles by setting the Church on Fire again by such Tantivee-Heats as produc 't and brought forth that destructive-Canon 1. of the Constitutions of 40 and burnt a fine Church .

Yet some tell me , that all this Long Letter is but labour in vain , that you are set upon a Will and Revenge , and whom you once hate you know not how to Remit , but I have other hopes : surely I do not wash a Blackamore , nor preach thus long a Sermon to as little purpose as St. Bede when he preacht to a heap of Stones , or , as if I were preaching to the Rocks , near Silly , called The Bishop and his Clerks , you cannot be so Stony-hearted I think : but , either you will Remit the Verdict and be friends , or accept of those Honourable and profitable Proposals which I hear make you of a New-Tryal : and if you will do neither , the World shall know it , that they may judge betwixt you and me , and my Six substantial Witnesses , and your single , interessed Witness , that swears for his own ends , to get me out of my Rights , which you have unlawfully indeavoured to invade by an Illegal sequestration , the cause of the words betwixt us : and the Canons of 40 the cause and first occasion of your displeasure against me , which made you so willing in defiance of ( 1 Tim. 5. 19. ) Gods Holy Word to receive an accusation , nay , and prosecute it too , upon the single Testimony of an in famous wretch , who wants the necessary accoutrement of a Lyar , a good Memory , whom I have begun to prosecute for the Perjury : I hope you will not still countenance him against such a Man as I am , I have also prosecuted for Perjury your other Apparitors , Groom , Martin , and your six Procters of Doctors-Commons : blush for them , help them not for for shame — ( I hope ) no — noli prosequi nay I am advis'd to make an attaint against the Jury .

I have in this Letter , made very sharp Reflexions and corroding Epithites , of the Laudian-Faction and Tantivee-Principle ; It is not rashly done , but upon good Advice , such spreading Cancers and dangerous cannot be corrected , check't , nor cured without Precipitate Corrosives . For this Lambeth Divinity ruins Humanity , Polity , and Policy .

We do not live in Muscovy ( where John Valevodsky ( I believe I do not write it right ) the Muscovy-Duke and Emperour of Russia , Tyrannically laid a Tribute ( upon the people ) of several bushels of living Fleas and ( in default ) an outragious Fine and arbitrry .

If it had been bushels of dead Fleas , I believe I knew where he might have been fitted the last Summer but Fleas have a skittish Property , and are sooner kill'd than jail'd , or put into pound , except they be dealt with as the Spanish Fryar dealt with the Musquetoes of the Bay of Campeachy in America , namely , he Excommunicated them , and then every body knows it is not very far to the Jail or pound .

The Tyrant had as good have seized their Lands , their Liberties , their Lives and their Wives , without the Ceremony of Bushels of Fleas ; only to pick a quarrel — For so the Tyrannical Bashaws of Egypt at this day , bring thither a Ship load of Tin , and without the Philosopher's Stone , turns it immediately to a Ship load of Silver , by sending to every man , according to his Estate , a quantity of Tin , commanding them to send him , the like quantity of Silver , and so the Bargain is made ; or , if they do not like the Bargain , a Mute goes along with the Janizaries , and does the mens business with a Bowstring , if they do not cheat them , and save them the Labour by making use of his own Bed-Cords , before they come nigh when he first hears they are coming and knows their Errand Tyranny needs no Ceremony , but a long Sword .

These arbitrary Cruelties are common in Turky , Muscovy , and a little ( I fear ) in France , and the Priests make them believe they have a Jus Divinum , and express Texts of Alcoran ( in English ) holy Scripture for all ; But the Canons of 40. are not yet Canonical , my Lord , nor ever shall if I can help it , though you prosecute me with all the united Power , privy Whispers , Affidavits , Verdicts , Articles , Libels , Supplicavits , Informations , Declarations , Suspensions , Silencings , Jails , and Bails , or your severest weapon , namely , ( what the Fryar frighted the Flys with ) Excommunications .

But I have by this fair Proposal so profitable to you acquit my self in the Judgment of all Ingenuous men ; for if it be profit , or my money you seek , that I will secure , if you recover by an indifferent Jury ; if Honour , that is better secur'd , by this Proposal : for it can be no Honour to you , if you dare not try the cause before ( not a pitckt Jury for the nonce ) but such a Jury as is indifferently return'd upon other Tryals .

And if nothing will prevail with you but you 'l keep the catching hold you have got , nor listen to any thing but revenge , revenge , except I make dishonourable and base Submissions , then Scabbard ! be gone — fight on — be bold , ☞ And let him fall that first says — hold ,

I believe you do not read my Books , for if you had impartially weighed the 7th . Page of Naked Truth second part . second Edition , I should have been more in your books then the Canons and Constitutions forty . read 21 Hen. 8. 13. or Acts. 6. 2. 4. against Spiritual-Apostolical-persons medling with temporal Councels and Employments , disdain not to bedrawn out of a Pit with rags — and do by me as you would be done by , when time shall serve ; for these contests are but a kind of hot-cockles , there will be no sport if we do not lye down in our turns ; especially when I prophesy so right , why , and how , and who it is that smote me .

Neither despise nor reject with scorn the good Admonitions in this Letter ; if I had not lov'd you well , and better than you deserve at my hands , I would not have bestowed so much pains upon you .

But there is seldome a greater Plague attending Greatness than the flattery of their own judgments and conceits , as well as the flattery of Sycophants without ; but what non-sense is it ?

The King can make a man a Knight , but he cannot make the Knight one jot the wiser or more learmed ( he may be the poorer ) for his Title : The King can make a Bishop , but all the Kings in Christendome cannot with the Lord convey Learning and Wisdom , but usually less ; for a Lord-Bishop has more Diversions from his Studies and Books , by attending Councils , and Parliaments , and Confirmations , and Procurations , and Visitations , Promotions , Suits and vexations , that it is next to impossible that he can study so much as a Country Vicar .

Robert Grotshead , Bishop of Lincoln , writ a Letter Monitory to the Pope , and the distance betwixt them two was was far greater than betwixt your Lordship and my self ; nay , Abbot Bernard chid Pope Eugenius , and call'd him all to naught ; — The World is the better for these Letters though Pope Eugenius was hardned in wickedness , and incorrigible , till the Council of Constance took him in hand conven'd him before them , imprison'd and unpop't the Old Gentleman , a● an Adulterer , Sodomite , Symoniacks , &c.

I am sure of one good event of this Letter , namely I have acquit my self in my own Conscience that I have thus studied the way of Peace as well as Truth — and by my fair proposal for a new Tryal ; But if you reject it you get nothing but my Bones when you catch them ; but the Honour will be mine , in that you will seem to be convicted in your own Conscience , that if I have fair play , I must worst you , having six to one against you , six honest Witnesses to one little infamous one — that has not the docility or memory of a Parrot or Magotte-Pye .

For all men that have any briskishness of Spirit are herein like Tennis-Balls , which you may safely handle and play with , nay , toss and bandy too sometimes ; but if nothing will serve your turn but with violence to throw them right down , or down-right , 't is odds , if they do not rebound , and hit you in the face with eagerness answerable to the impetuosity .

And if no other Councils but what are violent , will reach your Ears and Heart — go on — In time you will find ( as to Tennis ) I will return your very best with Excellent design , and perhaps into your hazzard — or — hit the hazard of your Partners and Partakers ; nay , I will write your Epitath , that in memory of your conquest , and how obtained , shall outlast your tomb , and Celebrate your name and fame to Posterity ; though I cannot say , but it might have been more honourable to you to sport with Flora ( as now do you ) at 〈◊〉 , then to be a Promoter ( by my Pen Recorded for ) a Promoter .

For every thing has two handles , if a Prudent man cannot hold it by one , he can certainly hold it by the other — nay ; even when he falls he falls but like a dye , which slur'd or cog'd or thrown which way you will , always rests on a true side and right bottom ; it is true I suffer , but the Original sins was yours , in that illegal sequestration , and the justifying that first and worst Canon of the Constitutions of Forty .

Thus am I whipt upon others backs that deserves the lash more then my self : sometimes you hold up to the men of Doctors Commons ( as Promoter ) and they slash me with suspensions , Excommunication ; and sometimes they take turn and hold me up to you by swearing against me , and then you swing'd me with Supplicavit , Affidavits , Outragious Verdicts ; between you both , I have had a good time out , I thank you ( with twelve men to help you ) pay'd me off to some tune at — Chelmesford .

Now if you would be but as good to me as you were to the men of Doctors-Commons , the Employment would be less Drudgery , and more honourable ) as being a piece of Justice for which the Nation would call you blessed — namely — that you would turn Promoter or Informer against them for their many and impudent , dayly exetortions and oppressions of the Kings Subjects 'till they groan again — or , if that will not please you — do but hold them up to me — see how I 'le make them frisk again — yet — a little nearer — yet nearer — let mee but have them within my reach , And I will so chastise them , that the whole Kingdom shall joy in me .

But I confess to your Lorship I do not like the sport , I had rather be quiet , if you and they would suffer me to rest ,

My Lord , Your Lordships ( humble as well as ) Humbled SERVANT Edm : Hickeringill POST-SCRIPT .

SINCE I writ this , I missing of Mr. Firman , ( whom I never saw ) — carryed this Letter My self intending to present it , as well as write it , with my own hand — but your Porter and Maid ( all the family I could find at London-house ) told me that you kept not Hospitality there , but was gone to your Country-house , for this Summer , I know not how well to get it to your hands , nor how , nor when I shall have your answer , I going home to morrow , and therefore have Order'd it to be Printed , hoping that way it will not miscarry , ( whatever the Manuscript may do ) which I have this day sent to you by the Porter .

And yet both may miscarry , for I could never yet find that you did ever read my Letters , except to Cavil at them , and produce my very Apologies as evidence against me ; for my part I know not how to deal with you , you are too cunning for me , ( I am sure ) too powerful

And when the quarrel first began about this Tantivee , Heylins , Manwarings , Sybthorp , Lauds principle and Canon , you did so espouse the cause against me and the good old cause and was so angry , that before the Mayor and Aldermen of Colchester ( if you could have disgrac't me thereby ) you passionately said — that you never desired more to talk with me .

For , ( I confess ) I was pretty warm upon you for your Lambeth-Canons , and you 〈…〉 not have netled me worse than to fright me ( with what the late Loyal-long-Parliament in their said Address to his Majesty confessed to be a terror to them , and grief of heart to His Majesties Subjects ) to hear of a Manwaring , a Heylin , a Laud , a Syhthorp , rediviv'd , or their Canons or Principles so destructive to the Fundamental Laws or The Good Old Cause .

But you are so seldom Resident at London ( the great Episcopal Workhouse for a Bishop of London's Presence and Residence ) and at Fulham the greatest part of the year , That if you would admit a conference with me ( which would be good for both of us ) yet I know not how to obtain it , except I go to Fulham , which is out of my way ( and so will be ) till you come to London , where the perpetual Residence of a Bishop of London is absolutely necessary , ( especially , since the New-Buildings have almost doubled your Diocess ) That if you had nothing to do there , but only to Bishop or Confirm All Saints and All Souls therein , if you were as High and Great ( and I believe you are now past ( the Age of ) growing , but if you were now as great ) as the Giant Bryareus that had 100 hands , they would all be too little for the performance of ( one single Episcopal Badge ) the Confirmation in the Common-Prayer-Book .

Nor does the Rubrick say , that Men are bound to take a pair of Oars , and go by Water to Fulham to be confirmed — as if men were dipt with the Error Anabaptistical , and thought it necessary to go to Heaven by Water , ( more then needs . )

Surely , you came lately from reading the Eucomiums given to Laud by that blind ( in a double-Sence ) that old Tantivee-Bard — Peter Heylin , upon that Archbishop , and I would not have you ( whom I love so well ) to be so ambitious as to desire to be his Successor , ( though ) to follow his steps : I hope you will be wiser before you come to the Grave ; they are dangerous steps for you — believe Me.

The CONCLVSION .

THIS Letter is the Quintessence and Epitome of the whole Book , and may ( for a shift ) serve those that will not or cannot find leisure to read the whole Book , and though writ raptim , and in haste , yet ( though I say it that should not say it ) worthy for the matter to be writ in Letters of Gold , and transmitted to all Posterity ; the Subject is so Good , so seasonable , and so needful to be handled .

For however it happen to work doubtfully upon Teagues and Irish-Tories , and slavish prostituted and Hackney-Pamphleteers ; ( whose only Religion is their Gain ) yet I doubt not but it has sufficient Vertue in it to Convert all English Tories and Tantivees , that are not sworn-slaves , and make them perfect WHIGGS : whose Numbers increase daily ( they are never the fewer for me and this Contest with the Bishop ) and multiply wonderfully ; and so will still , when things are well-consider'd , and impartially-weighed , according to our ancient , Honourable , safe , and most excellent English Frame , and Constitution of Government ; Our Kings are Kings of France , but ( God forbid ) they should be like the French King ; then indeed ( as the Tantivee-Preacher ratled it ) our very Souls would not be our own , nor ( scarcely ) would God be suffered quietly to enjoy them , as his share , but All would be Caesars , our Estates , our Libertiet , our Children , our Lands , our Lives and our Wives ; And then , what shall we have ? nay , what shall God have ? If All be Caesars ? such Tantivee-Fops and senceless Preaching-Sots deserve to be hang'd , and till some of them be so served , or , made Exampels of , we shall never be freed of these ENGLISH Incendiaries ; ( Tory-Pulpiteers , and Tory Pamphleteers ) but be ruin'd ( twice in an Age ) with one and the same Plagues and Pests . And work ( as Negroes do in Barbadoes ) by day for their Masters , and at night lie with their Wives to get slaves for their Masters too : And is it not better to have no Charters , no Priviledges , then to serve a weary Apprentyship and give Money to boot , for our Freedom , and yet hold them by no surer Tenure , then till a Courtier be displeas'd , or wants Money ? And as for Ecclesiastical Courts , if 16 Car. 1. 11. be in force , and was never repealed , and that the 13 Car. 2. 12. ( repealing 17 Car. 1. ) can never be construed to Repeal , 16 Car. 1.

Then what force have they or Power toward , impose or inflict any pain , penalty , &c. nor did they , or durst they inflict any pain or penalty ( as loath to venture 100 l. for every offence ) nor did they censure any , till 13 Car. 2. 12. repealed 17 Car. 1. 11. but if it did not repeal 16 Car. 1. 11. as it is evident upon the Parliament Roll , it is 16 Car. 1. 11. that repeals the branch of 1 Eliz. — I think they have brought their Hogs to a Fine Market , and stand liable for all the mischief they have done , to Souls , to Bodies , and to Bones .

I believe some in the Parliament ( at least did intend ) to repeal 16 Car. 1. 11. but if it be ( as it is a great mistake ) it is fatal , and not to be remedied , but by a PARLIAMENT , ☞ and if ever they should be so bold and daring as to inflict any penalty upon me — have at them for the 100.l .

Besides , I doubt not but 1 Edw. 6. 2. is in force ; for though it is repeal'd by 1 Mar. 2. yet that 1 Mar. 2. is repeal'd by 1 Jacob. 25. and Samson is unbound again Remoto Impedimento Revivescit ; and herewith agreeth the Book-Case in 15. Ed. 3. tit . Petition Placit . 2. Coke mag. chart , 686.

'T is true that 4 : Jacob two questions were moved , first whether any Bishops made especially since the first day of that first Sessions of Parliament . 1 Jacob. were lawful or no.

2. Whether the Proceedings in the Ecclesiastical-Courts , being made under the name Stile and Seal of the Bishop were warranted by Law ?

The Chief Justices agreed that 1 Edw. 6. 2. was in force — for though the Act 1. Eliz. 1. Revive the 25. Hen. 8. 20. Which Empowers Bishops to Act as formerly , ( and consequently or obliquely the 1 Ed. 6. 2. is struck at ) yet can any man in his right wits imagine that it is either true or safe , that a Statute should be repealed obliquely , and by consequence without the least thought thereof in the Legislators ? this would be of most dangerous consequence . But the Legislators could not think of repealing that which was actually and expresly at that time repealed already by 1. Mar. 2. nor of repealing the Ed. 6. 2. by 1. and 2. Phil. and Mar. 8. which was repealed already by 1 Mar. and 1. 2. Phil. Mar. that does not repeal 1 Ed. 6. 2. by name and consequents will not do , nor inferences , this is tricks and wiredrawing , to defeat a Statute-Law by finess or nicety of Wit , or Lawyers-Criticisms . And therefore there is no need of flying to 1 Eliz. 1. for the repeal af 1. 2. Phil. Mar. 8. yet the Judges generally extrajudicially were of another opinion .

The case deserves the Resolution of the Judges in open-Court , or in a Parliament , or both ; an extrajudicial Judgment then has been in Jan 4 and 1 July 1637 and the Judges gave their opinions as the Bishops best liked , ( Dr. Laud especially ) but the same Judges also to please him , were for the Legallity of Ship-money , and customes ( unsetled by Parliament ) see Appendix of Dr. Godolphins Abridgment of Laws . and Coke Instit . C. 2. p. 685. 686. the Lord Coke was overawed by the High-Commission Court , now the Law is not in awe , though the Gentleman that gives this Narrative of the said Tryall did not take it in short-hand ( he that has so vast a memory shall not need ) nor yet is willing to be known to be the Author of these observations ; not that there is a a word or line in this book that he is not prompt , and at hand and ( to chuse ) willing to justifie , if any dare be so bold , daring and impudent , or so very ignorant as to oppose these profitable and well known truths , backt with the Gospel and the Law ; Ha ? Let me have no grumbling — you may Whisper , Point , make Dumb-shows and Signs ; but — I will have no grumbling aloud . But he is not willing to put his Name to this Book as Author , yet nevertheless ( according to the Common-Custome of Learned Authors that Preface their works with their own Pictures or Effigies ( they shall not need neither , some of them are not so handsom● , no more then the course face of this Blunt Author ) Nevertheless the Author ( to humour the Common vanity ) gave me leave to give you part of his Effigies , or a halfe-face of him , pourtray'd as followeth ( not in his first but last Page of his book ) ( if you be Oediposses ) you may soon unriddle the aenigma ; the Author has a soul so great — I 'le say no more on 't — but as for his fancy and invention the whole Creation is so immediately at its beck , that ( like Chambers to be let ready furnished ) it never wants apt Epithites , Metaphors , or Expressions to Elucidate the thoughts of his weightier matter and judgment . But ( which are seldom pairs in one man ) his memory ( Ay , that , that same — his Memory ) like the French King , seizes all it can lay hold off , right or wrong : or like the men that drive the Commons , impounds all that comes to hand — or , like a Drag Net , it sweeps all , and retains All , the Good , the Bad , but what its better Judgment purposely waves and throws away , or like a Serjeant , a Bum , a Snap , a Trap , or a right English-Mastive never lets go its hold , except the piece come out , when it has once laid hold ; and married , coupled or matcht with a Body so perfect a Slave to the greater Soul , that it never tyres or playes the Jade when set at work sometimes unmercifully and most Tyrannically us'd , and yet the willing Slave , like good Horses , keeps it's self in Good Case , tight and in good plight , & for a Sinner , if it were not sometimes Priest-ridden , or rid with the spiritual Incubus , or night-mare , I say , for so great a Sinner Live-Plump & fat - desiderantur caetera .

Thus have I with a Pen , not Pencil drawn the Authors-Picture ; and there is in some men's Styles as in Faces and Features , such peculiar Idioties and distinguishing Ayres from all others , that it is needless to write the Authors-name ( as was , over dull painting , accustomed of old ) — This is Cock , This a Bull.

For the notoriety is as easie and remarkable , as a Pick't Jury , or a Tory Sheriff , or a Hunted Deer , that may indeed ( endeavouring shelter ) a while be concealed amongst the Crowd , but any easie Sagacity may single him out from the Common Herd .

But do not you , ( ye weekly Libellers and dirty Pamphleteers ! ) Do not you prophane any more this Effigies ; especially Trusty Roger , Mr. Observator ! tremble at aspersion , least the Villanous Attempt you made against the Printers Widow , ( now Mr D — s Wife ) rise up in Judgment against you , to her unspotted Honour , and your strange and unheard of Villany , look too 't — And d●re not to bring your Works of Darkness to Light , The modest Gentlewoman , which your Goatship would have prophan'd , is yet alive to attest your Villany , though you promis'd her , that , if she would consent to your Goatship , or Towzers Heat ( above the rage of Dog days ) you would , being then Press-Master , permit her to Print all the Quakers Books and Unlicensed Pamphlets — only she should lay them aside before your coming to make a search , of which you would give her timely notice . Ah! Villainy — to make the Kings Favour and Trust in Trusty Roger , A PIMP to Trusty Rogers Goatish Lust ; Oh Tantivees — blush at your Observator , do not hereafter ( ye Reading Don 's of the Pulpit ! ) do not hereafter take matter out of his Weekly Pamphlets for your Reading Lectures in a Country-Church — blush at your Whory , Roary , Scory , Tory Observator ; of which , Mr. Observator , I cannot but , in kindness to you , make this Observation , to check , if possible ) your prophane Billingsgate ; as if you were — sworn Seavinger as well as Pensioner to the Tories and Tantivees — but I spare you at present — However deface not This Pourtrayture — This is no Common Effigies , nor every mans share — This is not the Face of an Hermophrodite or Lay-Vicar ( false and base , as treacherous and low — Exton — What ? prefer the Favour of a Bishop before Hickeringill ? It is a Sin to cast dirt upon this Medal : But if any silly Tory or unthinking Tantivee be so Fool-Hardy , he knows he may , in just Requital , expext ( but that they are not worthy ) a Whiggish MVSHROOM .

FINIS .
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