of Edward the 6th Chap. 2. which take as followeth ANd whereas the Arch-Bishops and Bishops and other Spiritual Persons in this Realm do use to make and send out their Summons Citations and other Processes in their own names and in such Form and manner as was used in the time of the Vsurped Power of the Bishop of Rome contrary to the Form and Order of the Summons and Process of the Common-Law used in this Realm seeing that all Authority of Iurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as Supream Head of these Churches and Realms of England and Ireland and so justly acknowledged by the Clergy of the said Realms That all Courts Ecclesiastical within the said two Realms be kept by no other Power or Authority either Forreign or within the Realm but by the Authority of his most excellent Majesty Be it therefore further Enacted by the Authority aforesaid that all Summons and Citations or other Process Ecclesiastical in all Suits and Causes of instance betwixt party and party and all Causes of correction and all Causes of Basterdy or Bigamy or Inquiry de Jure Patronatus Probates of Testaments and Commissions of Administrations of Persons deceased and all Acquittances of and upon Accounts made by the Executors Administrators or Collectors of goods of any dead Person be from the first day of July next Following made in the Name and with the Style of the King as it is in Writs Original or Iudicial at the Common Law and that the Teste thereof be in the Name of the Arch-bishop or bishop or other having Ecclesiastical Iurisdiction who have the commission and Grant of the Authority Ecclesiastical immediately from the Kings Highness and that his Commissary Official or Substitute Exercising Iurisdiction under him shall put his name in the Citation or Process after the Teste Furthermore be it Enacted by the Authority aforesaid that all manner of person or persons who have the Exercise of Ecclesiastical Iurisdiction shall have from the first day of July before expressed in their Seals of Office the Kings Highnesses Arms decently set with certain Characters under the Arms for the Knowledge of the Diocess and shall use no other Seal of Iurisdiction but wherein his Majesties Arms be ingraven upon pain that if any person shall use Ecclesiastical Iurisdiction after the day expressed in this Realm of England Wales or other his Dominions or Territories and not send or make out the Citation or Process in the Kings Name or use any Seal of Iuri sdiction other then before Limited that every such Offender shall incur and run in the Kings Majesties Displeasure and Indignation and suffer Imprisonment at his Highnesses Will and Pleasure Now whether the Ecclesiastical Courts have such Authority from the Kings Majesty by Commission under the great Seal of England and do proceed in the Exercise thereof according to the recited Statute of the 1 Edw. 6. the said Jones doth humbly leave it with Doctor Pinfold to give a Satisfactory Demonstration of it However the said Jones hath yet no cause to conclude that the Ecclesiastical Courts have such Power or have so Legally Proceeded with him and many other Persons first because the first step of Proceeding viz. the Citation was not in the Kings Name Secondly Because Doctor Pinfold refused to show the Kings Commission when humbly desired and honestly demanded in the place where he held his Court which if the said Doctor had been impowered according to the former Statute it had been very easy for him to have given some convincing Demonstration thereof and then the said Jones would have so declared the matter to others of his fellow Protestants as might have prevented many People from finding fault with the said Court and have caused them to give the more Reverence and Respect because of his Majesties Authority according to Law But it may be some will say that the aforesaid Statute of 1 Edw. 6. 2. hath been Repealed The said Jones doth grant that to be true but then let it be well considered by whom it was Repealed and that was by Queen Mary a shee-Popish Successor an Enemy to the Protestent Religion and to Protestants of all sorts who made a change in Ecclesiastical Courts as well as in other Courts Popish Persons being made Judges Officials and Surrogates to manage Ecclesiastical Affairs according to the Popish way and then were the poor Protestants the Dissenters of that time and were handled accordingly being Cited to the Ecclesiastical Courts and Excommunicated and then delivered up to the Temporal Power for Imprisonment and death also because they were the Non-Conformists of that day and did not in all things submit themselves to the Government as Established by Law though they had the holy word and Law of God on their sides This may teach all Persons to take heed of insisting too much upon National Laws in matters of Religion because they who are the Conformists in one Kings Raign may be the Non-Conformists in his Successors Raign and they would not think it a sufficient Argument against them that their Opinions and Practices are contrary to the Government Established by Law But whether the men of Doctors-Commons may not believe that a change of Religion Established by Law is not a sufficient Argument to keep their places and plead Conformity shall be left for time to manifest And now the said Jones will return to the Repeal of the former Statute Anno Primo Mariae Sessio Secunda chap. 2. A Repeal was made of the Statute of the first of Edw. 6. 2. called an Act for the Election of Bishops which is the afore-cited Statute But then it must be again considered the Statute of Repeal of 1 Mary 2. was repealed by King James see Anno 1 Jacobi Regis Chap. 25. in these very words And be it â—urther enacted by the Authority of this present parliament that an Act made in the first year of the Reign of Queen Mary Entituled An Act for the Repeal of certain Statutes made in the time of King Edward the sixth shall stand Repealed and Void So that now it is Evident that Queen Maries repealing Statute being repealed and made void by King James those Statutes of King Edward the sixth are now in full force they being left in the same Life and Strength as when they were first made unless it can be proved that a Repeal of them hath been made since the Statute of 1 Jacobi Chap. 25. And so the said Jones will return to give a further Account of his owne Case and further saith that between the time of the Admonition and the time appointed by Doctor Pinfold for him to take the Sacrament he did advise with such as were learned in the Laws of England and had a Plea in Law prepared and drawn up as an Answer to what he was charged with in the Presentment of the Church-wardens of his said Parish A Copy of which Presentment take as followeth
George Cole and William Baron Church-Wardens of the Parish of St. Bartholomew Exchange each do declare as followeth Whereas we cannot of our own knowledge prove who of the Parishoners have and who have not been at Church and for that Mr. Robert Key the late Church-Warden did promise to give in and make up his Accounts we gave in our Presentments as we did For the Persons following we do not Remember to have seen them at Church in some time past or to have received the Sacrament for three Months past Mr. Robert Key Mr. Peter Kid. Mr. Michael Bayly Mr. Job Sargant Mr. … Jones Mr. … Walker Mr. Francis Miller Mr. John Millward Mr. Thomas Netherway Mr. George Sterman Mr. … Jacksen And as touching the aforesaid Presentment the said Jones doth verily believe that the Church-wardens did not do it as an Act of Envy or ill will to their Neighbours for as much as the names of the before mentioned Parishoners were carried to Doctors-Commons by some body else and then the Church-Wardens were sent for to Doctors-Commons and required to put them into a Presentment and the said Church-wardens did then forbear to do so but about a week after they did it at the importunity of some person at Doctors-Commons However the said Jones cannot but take notice that the Church-wardens were very sparing of their words in the Presentment there is no harsh Expressions against any of their Neighbours neither have they made it a Positive charge thereby demonstrating they were men cautious of what they did in matters of Accusation but it seems any small hint at things of an Accusing nature may serve as a Foundation of the Proceedings of that Court. And the said Jones further saith that if the aforesaid Church-wardens had not consented to make this Presentment they could not have been punished by that Court And seeing the names were carried into Court by some other person they might have left him to be Prosecutor who was so forward to turn Informer But this matter being done it cannot be now undone and poor Jones doth yet hope he shall not be quite undone by it And for the Benefit and help of Church-wardens who are required by the Ecclesiastical Courts to take an Oath to make Presentments of Crimes and Ofences let the Statute of Anno Decimo Sexto Caroli Prim. Chap. 11. Paragr 4. be well considered that so they may not be Imposed upon in such matters The words of the Statute are as followeth And be it also Enacted by the Authority aforesaid that no Arch-bishop Bishop nor Vicar General nor any Chancellor Official nor Commissary of any Arch-bishop or Vicar General nor any Ordinary whatsoever Nor any other Spiritual or Ecclesiastical Iudge Officer or Minister of Iustice nor any other Person or persons whatsoever exercising Spiritual or Ecclesiastical power Authority or Iurisdiction by any grant Licence or Commission of the Kings Majesty his Heirs or Successors or by any Power or Authority derived from the King his Heirs or Successors or otherwise shall from and after the first day of August which shall be in the year of our Lord God one thousand six hundred and forty one Award impose or inflict any pain penalty Fine amerciament Imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanour Crime Offence Matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction or shall Ex-Officio or at the Instance or Promotion of any other person whatsoever urge Enforce Tender give or minister unto any Church-Warden Sideman or other person whatsoever any Corporal Oath whereby he or she shall or may be charged or Obliged to make any Presentment of any Crime or offence or to confess or to Accuse himself or herself of any Crime Offence Delinquency or Misdemeanour or any Neglect matter or thing whereby or by Reason whereof he or she shall or may be Liable or Exposed to any Censure pain penalty or punishment whatsoever upon pain and Penalty that every person who shall Offend contrary to this Statute shall forfeit and pay Treble Damages to every person thereby grieved and the sum of one hundred pounds to him or them who shall first demand and Sue for the same which said Treble Damages and sum of one hundred pounds shall and may be demanded and Recovered by Action of Debt Bill and plaint in any Court of record wherein no priviledge Essoine protection or Wager of Law shall be admitted or Allowed to the Defendant But it will be objected by some that this Statute is repealed unto which it is answered by the said Jones that the first part of the afore-recited Statute is repealed but the second part viz that in which mention is made of imposing the Oath Ex-Officio or any other Oath to the damage of any of the Kings Subjects is repeated and Confirmed by the Statute of Decimo tertio-Caroli Secundi Chap. 12. Paragraph 4. Provided also and it is hereby further Enacted that it shall not be Lawful for any Arch-bishop Bishop Vicar General Chancellor Commissary or any other Spiritual or Ecclesiastical Iudge Offices or Minister or any other person having or Exercising Spiritual or Ecclesiastical Iurisdiction to Tender or Administer unto any person whatsoever the Oath usually called the Oath Ex-Officâ—i or any other Oath whereby such person to whom the same is tendered or Administred may be charged or Compelled to confess or Accuse or to purge him or herself of any Criminal matter or thing whereby he or she may be Liable to Censure or punishment any thing in this Statute or any other Law Custom or Vsage heretofore to the contrary hereof in any wise notwithstanding And for a better Understanding what Power or Authority Ecclesiastical Persons have or have not consider well the last clause oâ— the before recited Statute Provided always That this Act or any thing therein contained shall not extend or be construed to Extend to give unto any Arch-bishop Bishop or any other Spiritual or Ecclesiastical Iudge Officer or other person or persons aforesaid any power or Authority to Exercise Execute Inflict or Determine any Ecclesiastical Iurisdiction Censure or Coertion which they might not by Law have done before the year of our Lord 1639. nor to Abridge or Diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs not to confirm the Canons in the year 1640. nor any of them nor any other Ecclesiastical Laws or canons not formerly confirmed Allowed or Enacted by parliament or by the Established Laws of the Land as they stood in the year of our Lord 1639. From which two Statutes these things are to be Considered 1. That the Statute of 1 Eliz. Chap. 1. Sect. 18. by which some Power and Authority extraordinary was Exercised by Ecclesiastical Persons to the great wrong and damage of his Majesties Subjects is repealed and made void by Car. 1. and Car. 2. 2. That though the Repealing Statute of Car. I. chap. 11. be Repealed by 13th
of men it will come to nought Vers. 39. But if it be of God ye cannot overthrow it lest happily ye be found even to fight against God A Sober Question Proposed Whether the aforesaid Doctor of Law belonging to that Ecclesiastical Court who was a Pharisce and did thus favour those poor Dissenters Or Saul who also was a Pharisee and did violently Prosecute those Non-Conformists even to Imprisonment and Death and caused some faint-hearted Professors to Blaspheme that so they might escape those punishments that he inflicted upon many by that Authority which he received from the high Priest who was Judge of the aforesaid Ecclesiastical Court Be the best Pattern and Example for a Spiritual Judge The Resolution shall be left for Doctor Pinfold and all other violent Prosecutors of them that fear God to be considered and Resolved as they will answer it before the Lord Chief Justice of the whole World viz. The Lord Jesus Christ Acts. 17. 31. Rom 2. 16. ERRATA Page 2. Line 45. for Sir Thomas's Read St. Thomas's The Admonisher Admonished OR A MODEST and IMPARTIAL NARRATIVE OF The late Proceedings of the Ecclesiastical-Court against JAMES JONES c. THe Subject of the Ensuing Narrative being chiefly matter of Fact and the Design of it being only to give the World an Account of the Proceedings of the Ecclesiastical Court against several hundred of his Majesties Subjects and in particular against James Jones I shall without any Preface acquaint you That upon the 16th of November last there was a Citation left at his House by an Ecclesiastical Officer the form whereof was that which followeth To Mr. Jones of the Parish of St. Bartholomew Exchange I Cite you by vertue of a Process under Seal to appear before the Right Worshipful Thomas Pinfold Doctor of Laws and Official to the Arch-Deacon of London or his Lawful Surrogate or any other Competent Iudge in that behalf in the Parish-Church or Tabernacle of St. Mary Magdalen Old-Fish-street London On the 17th day of November between the Hours of Nine and Eleven in the Forenoon of the same day then and there to Answer to a Presentment given in and Exhibited against you by the Church-Wardens of your said Parish as by Law you are bound And further to do and Receive as by Law and Iustice shall Appertain Francis Speke Officer From this Citation the said Jones doth observe these following things and desireth others to consider and well improve them 1. That this Citation is not in the Kings Name only I Cite you 2. Though there is Mention made of a Process under Seal by vertue of which the said Jones was Cited it is not said By vertue of a Commission from his Majesty given to Impower that Court so to proceed 3. Though there is mention made of Law and Justice in the said Citation that is no Demonstration of the Legallity of the aforesaid Court and how much of Law and Justice hath been managed there let those Judge that have been handled in the said Court and what may yet be expected of Law and Justice must be very patiently waited for by those that suffer The next day being the 17th day of November aforesaid the said Jones with others of his Protestant Neighbours did appear before the said Doctor Pinfold thinking thereby to avoid a strange thing called Cotumacy or Contempt in that Court Supposing he should have had further Citations before any further Proceedings but he found himself greatly mistaken for the said Doctor was very nimble with the honest Neighbours of the said Jones as they were particularly called by their Names and presently concluded them Guilty of the matters in the Church-Wardens Presentment viz. of not coming to Church and not Receiving the Sacrament without Positive Proof of those matters by Persons appearing Face to Face though the Truth is the said Doctor did not put any of those before him to accuse themselves but did presently proceed to Admonish them To come to Church and to take the Sacrament in their own Parish Church and bring a Certificate they had so done from the Doctor of the said Parish by the 6th day of December following And when most of the said Jones's Neighbours had been called the Clark called for one Mr. Jones The said Jones Replyed His Name was Jones and he was come to see whether he was the man intended in the Presentment The Doctor concluded that because the Citation was left at his house Jones confessed there was a Citation left at his house but that was no Proof that he was the same Person intended Especially considering that his Whole Name was not in the Citation only Mr. Jones and there might be other Jones's in the said Parish Then the Doctor inquired of the Apparitor who said that one of the Church-Wardens did direct him to the house of the said Jones where he left the Citation and said he was the same Jones in the Presentment Jones then told the Doctor That if he were the Person he would not needlesly contend but however he thought the Citation was not legally served it being not given into his own hand neither had he seen the Seal of the Court mentioned in the Citation To which Doctor Pinfold Replying Allowed that it was not a Legal Citation and that if the said Jones had not then appeared the Court would have sworn their Officer who if upon Oath he had said he could not find the said Jones then they would have set up a Viis Modis upon the Church door or upon his own door requiring him to appear in the Ecclesiastical Court but being the said Jones did appear the Citation was at an end and there was no need of any more Citations Then the said Jones perceived that he was got into a Trap by being so ready to go with his honest Neighbours to that Court upon a Supposition that the Citation being not served upon his Person nor his full Name in the Citation was not right and therefore thought he should have had a Dismission for that time till a new Citation was sent and served upon him he very well knowing that the Ecclesiastical Courts did formerly proceed very slowly but it seems Sir Thomas's day was near at hand for the Citizens of London to choose a New Common Conncil and it was high time to hasten Excommunications thereby if it were possible to prevent the Priviledge of such Persons in their Election of that Honourable Court of Common Council but this is a happyness to the Loyal City of London that the Citizens of London do understand the Statute Law by which the Kings Power and the Peoples Priviledge is maintained though they may not so well understand the Roaring Cannons of Ecclesiastical Courts viz. The Canon Law and now the said Jones doth humbly desire his fellow Protestants to bear with this Digression and not count it a Transgression but he thinks it advisible that such as are not cited with a Citation upon their own
love and a reverent Esteem of the Holy Sacrament called in holy Scripture the Supper of the Lord and hath solemnly as becometh a Christian Taken the said holy Ordinance divers times within the time mentioned in the aâ—oresaid Presentment and divers times since the aforesaid Admonition and that in both kinds of Bread and Wine and in such manner and to such ends as is expressed in the Statute of 1 Edw. VI. chap. 1. in these words Paragraph 1. Which Sacrament was instituted of no less Author then of our Saviour both God and Man when at his last Supper amongst his Apostles he did take the Bread into his holy hands and did say Take Eat this is my Body which is given and Broken for you and taking up the Chalice or Cup did give thanks and say This is my Blood of the New Testament which is shed for you and for many for the Remission of Sins that whensoever we should do the same we should do it in Remembrance of him and to declare and set forth his Death and glorious Passion until his Coming of the which bread whosoever Eateth or of the which cup whosoever drinketh unworthily Eateth and Drinketh Condemnation and Iudgment to himself And in Paragraph 7. there are these words Therefore be it Enacted by our Sovereign Lord the King with the consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that the said most Blessed Sacrament be hereafter commonly delivered and administred unto the people within this Church of England and Ireland and other the Kings Dominions under both the kinds that is to say of Bread and Wine except necessity otherwise require and also that the Priest which shall minister the same shall at the least one day before Exhort all persons which shall be present to resort and Prepare themselves to Receive the same and when the prefixed day cometh after a Godly Exhortation by the Minister made wherein shall be further expressed the benefit and comfort promised to them which worthily receive the holy Sacrament and danger and indignation of Almighty God threatened to them which shall presume to receive the same unworthily to the end that every man may try and examine his own conscience before he shall receive the same The said Minister shall not without a lawful cause deny the same to any person that will devoutly and humbly desire it any Law Statute Ordinance or Custome contrary thereunto in any wise notwithstanding not condemning hereby the usage of any Church out of the Kings Majesties Dominions But it is supposed that Doctor Pinfold will say That the said Jones hath not taken the said Sacrament in his own Parish Church according to the Admonition at the time therein prefixed by the said Doctor unto which the said Jones doth soberly reply That he doth not know of any Statute Law that impowereth the Doctor thus to proceed or that bindeth the said Jones to obey and is much more sure that there is no Law of Jesus Christ in all the New Testament for such proceedings however the said Jones saith That he hath taken the holy Communion in such a Church as is declared and owned in the Nineteenth Article of the Church of England viz. That the Visible Church of Christ is a company of faithful men in which the pure Word of God is Preached and the Sacraments be duly Administred according to Christs Ordinance in all things that of necessity are requisite to the same And the said Jones saith That himself and a vast number of His Majesties Protestant subjects do exercise a Godly care and maketh great Conscience to Wait upon God in no other Assemblies then is expressed in the aforsaid Article viz. A company of faithful people that have the pure Word of God truly preached and the Ordinances of God duly administred But it may be the Doctor will say That Jones meaneth the assemblies of Disenters To which Jones doth reply That he honestly meaneth no other Assemblies but such where Christ is preached as he is declared in the holy Gospel 1. As God and Man 2. As being Conceived in the Virgins womb by the Holy Ghost and so brought forth into the world to be the Saviour of Sinners 3. His Death as the Satisfaction of Divine Justice 4. His Resurrection for the Justification of all True Beleivers 5. His Ascension into heaven and making Intercession at the right hand of God that so the Godly may be accepted of God and be received into heaven 6. The Second Coming of Christ to Judge the quick and the dead at which time of Judgement he will receive the Righteous into Eternal happiness and send the wicked into Eternal misery after the resurrection of the just and unjust And as touching the holy Sacraments the aforesaid Assemblies doth profess and practice water Baptism as Gods holy Ordinance and the Lords Supper in both kinds of Bread and Wine as a holy Remembrance of Christs Death till he come again as it is expressed in the Holy Scripture and in the before mentioned Statute of 1 Edw. 6. chap. 1. which Statute doth not compel any of the Kings subjects to come to that blessed Ordinance to the damage of their own Souls but strictly warneth to the contrary and requireth persons to come humbly and devoutly of their owne desire Now therefore why the said Joneâ—s or any other of the Kings Protestant subjects should be prosecuted to the suffering Imprisonment for not taking the Sacramnt in their respective Parish Churches who are zealous for the holy Sacrament other parts of the Protestant Religion in such assemblies as are for higher degrees of Reformation than is among the common Protestants it is humbly presented to Doctor Pinfold and all others called Doctors and Judges in Courts called Spiritual whether they can produce any such Authority from Jesus Christ who is the Spiritual Governour in his Church and hath given Spiritual Laws for the government thereof The said Jones saith he hath carefully read the Holy Scriptures for many years and could never find that ever Christ did set up such a way of Government in his Church viz. of Fines Imprisonments Banishment or any other corporal punishment to bring persons to conform unto his Gospel Ordinances but Christs way was to aford plain and powerful preaching of his Word to inlighten the mind and perswade the Soul to make a free choice of his Ttruths from a cordial love to himself but according to the proceedings of Doctor Pinfold and other Ecclesiastical Judges such as are conscientiously afraid they shall miss the comforts and blessed benefits of the Sacrament by coming to it at such times and places with such Communicants as imposed by the said Doctor must be contented with the discomforts of a Jail or else pay great sums of mony to get off And whereas the â—aid Doctor did declare in the publick Assembly of Doctors Commons that he fixed the taking of the