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
Car. II. chap. 12. yet the Ecclesiastical Party have thereby no power or Authority given or left unto them but such ordinary power as they had before the making the Repealed Statute 3. That the Imposing of Oaths by Ecclesiastical persons to the damage of any of His Majesties Subjects is plainly forbiden by the Statutes of 16 Car. I. chap. 11. and 13 Car. II. chap. 12 4. That the Ecclesiastical Party have not any power to proceed against any of His Majesties Subjects or to make or confirm any Cannon or Ecclesiastical Laws otherwise then was Allowed and Confirmed to them by Acts of Parliament and the Established Laws of the Land as they stood in the Year 1639. and how much or how little that was shall be left to further Search And since the making of the aforesaid Statute of 13 Car. II. viz. in the 27th year of his Majesties Reign one Thomas Watersfeild Church-Warden of the Parish of Arundel in the County of Sussex was Imposed upon by the Bishop of Chichester to take an Oath That be should with his utmost dilligence Present every person which then or lately was inhabiting within the said Parish of Arundel who hath done any Offence or neglected any Duty mentioned in certain Articles contained in a certain printed Book In which book amongst other things there was contained this Question viz. Whether every person inhabiting or sojourning within the Parish of Arundel aforesaid did daily resort every Lords day and Festival daies Appointed for Divine Service to the Church And whether they did there remain the whole time of Divine Service quietly with Reverence order and decency Which Oath the said Church-Warden did refuse to take and for it was afterward Excommunicated by the said Bishop But the said Watersfeild brought his Case before His Majesties Judges of the Court of Common Pleas who relieved and released him by a Prohibition in which and wherein it is plainly Declared on the behalf of the Kings Majesty as followeth viz. That by the Laws of this our Realm of England no person ought to be cited to appear in any Court Christian before any Judge Spiritual to take any Oath unless it be only in Cases Matrimonial or Testamentary And the aforesaid Bishop is in the said Prohibition Charged with Breach of the aforesaid Statute of 13 Car. II. and of the Common Law of this Realm and therefore was required to Release and dissolve all Decrees and Sentences against the said Thomas Watersfeild And for your further satisfaction pray go and look the Prohibition But to teturn to our Narrative The said Jones further saith That upon the Sixth day of December instead of carrying a Certificate of his taking the Sacrament he carried his Plea in Law to Doctor Pinfold's Court then held in the Tabernacle in Old-Fish-street London and took witnesses with him and presented his Plea to the Doctor but he refused to take it saying he would go thorrow what he was then upon The said Jones bid the Doctor take notice he was there and he would wait which he did above an hour till the Doctor spoke of Adjourning the Court. Then Jones spoke to the Doctor as followeth Doctor this Paper is a Plea in Law against the Presentment of the Church-Wardens I desire you to receive it and of Right demand you to Record it in your Court Book and Doctor I pray do not take what I am now going to say to you as an Angry word proceeding from my own breast but I am Advised to say Excommunicate me at your peril this is my Plea and I will stand by it Then the Doctor said Leave it and Jones said Record it this was spoken several times over by each at which Instant somebody pulled off a Gentlemans Hat and some busle was like to be in the Court and Jones desired the Doctor to Record his Plea and he would be gone and not be concerned with any Tumult The Doctor said Leave it and I will presently Adjourn the Court which was done accordingly A Copy of the forementioned Plea is as followeth The Answer of James Jones of London to the pretended Charge or Presentment o Geroge Cole and William Barron Church-Wardens of the Parish of St. Bartholomew Exchange Exhibited on the Fourteenth day of November last before the Worshipful Thomas Pinfold one of the Judges of the Ecclesiastical Courts 1. THE said James Jones alwaies reserving to himself and praying the liberty of a further and more full Answer and in more due form of Law and the benefit of all Legal Exceptions to the said Charge or Presentment saith that he the said James Jones cannot determin the bounds of Diocesses and Parishes and therefore whether he the said James Jones be and during the time in the said pretended Presentment was an Inhabitant within the said Parish but referreth himself to the due proof thereof according to Law 2. The said James Jones saith he is credibly informed and hopes to prove the same that the said Church-Wardens sometime since their being in that Office and before the pretended Presentment did upon their Oaths Return into the Court Omnia bene c. or did not Charge the said James Jones with any Offence and therefore if he the said James Jones were an Inhabitant within the said Parish as the pretended Presentment supposes he the said James Jones ought to be supposed innocent and free from any fault And for the time of such their first Presentment he the said James Jones referreth himself and demands the sight and proof thereof 3. The said James Jones saith That the now pretended Presentment against this Respondent c. is not sufficient in the Law it being not positive but doubtful and uncertain and therefore he the said James Jones ought not to Answer thereunto or to receive any admonition upon such an Illegal Presentment for that all Presentments as the said James Jones is advised ought to be certain and not doubtful before any Answer by Law ought to be given The Law of this Realm of England not compelling any person to accuse himself and by the words of this pretended Presentment the said Church-Wardens have not accused him of any Crime but only saith they cannot of their own knowledge know who of the Parishoners who have and who have not been at Church c. And further they do not remember to have seen the said James Jones c. at Church for three months last past which is no Charge according to Law for that it ought to be certain that the said James Jones c. did not come to his Parish Church 4. The said James Jones saith That it doth not appear by the pretended Presentment That he the said James Jones is the person Presented forasmuch as his full and compleat Name was not in the Presentment at the time of the Exhibition thereof And he the said James Jones conceives it cannot be Legally inserted ar added afterwards in the said Presentment All which the said James Jones
for the same Offencee eftsoons be Convict before the Iustices and likewise Receiving for the said Offence punishment first by the Iustices shall not for the same Offence eftsoons Receive punishment of the Ordinary any thing contained in this Act to the contrary notwithstanding 3. And he the said Jones saith That the Church-Wardens did not in their Presentment Alledge against him That he had not any Lawful or Reasonable Cause to show why he had not been at Church or Sacrament of so long a time mentioned in the presentment See 1 Eliz. Cap. 2. Paragraph 14. 4. And he the said Jones saith That whereas Errors in an Indictment at Sessions or Assizes or Errors in a Mittimus whereby a man is Committed to prison will when Legally Pleaded overthrow and make void such Indictment or Commitment and so relieve the Indicted and Committed person Even so and much more should the said Jones by reason of a Deficient and Insufficient Presentment be Discharged from the Ecclesiastical Court as he prayed in his aforesaid plea and Supplyment and therefore the said Jones doth conclude that it is better to be concerned with the Kings Justices and Judges who Sitt by Commission from the King in the Kings Courts of Record than to be concerned with any Ecclesiastical Court and such as are Doctors and Judges in the said Courts The said Jones further saith he heard no more from Doctors-Commons till the Twentieth of December and then the Doctor of his Parish viz. St. Bartholomew Exchange did in very friendly manner acquaint the said Jones that an Excomunication against him was come from Doctors Commons and that the said Doctor was ordred to publish the said Excommunication next morning being St. Thomas's day unto which the said Jones Reply'd That the Ecclesiastical Court had proceeded Illegally in going so far as an Excommunication and demonstrated the same in two Particulars First that he the said Jones had given a Plea in Law to that Court against the aforesaid Presentment and was never admitted to be heard upon his Plea which is contrary to the Laws of England to have any Sentence pass upon any man to his damage without his Cause be Legally heard and Debated Secondly That it was not in the power of the Ecclesiastical Court Legally to Excommunicate the said Jones for not taking the Sacrament at any such time as that Court should at their pleasure Appoint there being but one time of the year named for Receiving the Sacrament viz Easter The aforesaid Doctor reply'd he was sorry things were brought to such a point but he could not avoid obeying the Order of Doctors Commons and so the next day being Dec. 23. called St. Thomas day the Excommunication was published in the Parish Church called St. Barthâ—lomew Exchange and upon the Twenty third day of the same Month the said Jones went with a Witness with him to the Registers Office and demanded a Copy of the Libel against him but the said Jones could not have it though he offered payment for the said Libel And upon the Twenty Sixth of the same Month the said Jones took witness with him and demanded a Copy of all the Proceedings of the Court and particularly a Copy of his Plea the Clerk did promise a Copy of the proceedings of the Court but could not let him have them at that time And upon the Thirtieth day of the same Month the said Jones went and a witness with him for the aforesaid Copy but it was not done the said Jones then allowed the Clerk till the next Monday and the Clerk would not promise to have those things copied by that time pleading it was Holy-daies and that was the reason they were not done the said Jones replyed That it was a strange thing to him they could not write their own proceedings upon a Holy-day as well as Excommunicate him upon a Holy-day The said Jones waited till Wedensday the Third of January and then went with his friend for the aforesaid Copy and then the Clerk said That he whom he had appointed to draw out the aforesaid Copy was out of the way himself was going from the Office at that time and so the said Jones came away without what he so much endeavored to have going more times to the Office than he was bound to do Thus things remained till about a fortnight before Hilary Term and then the said Jones went and made Affidavit before Judge Charleton the form of the said Affidavit is as followeth James Jones of London Merchant-Taylor deposeth upon Oath That he was Cited into the Ecclesiastical Court before Doctor Pinfold and made his appearance and since hath been at the Registers Office and there demanded a Copy of his Libel but could not obtain it though he offered payment for the same And after this upon the twenty third day of January 1682. being the first day of the Term the said Jones with a few others moved the Honourable Judges of the Kings Court of Common Pleas for Prohibitions upon the not obtaining Copies of their Libels when demanded and payment offered for the same the particular Affidavits of that matter being read in Court and moved by several Serjeants at Law the Judges were pleased to grant Prohibitions with a Nisi causa viz. if Doctor Pinfold could not shew cause against them and a Rule of Court was served upon Doctor Pinfold to Appear before the Judges of the Common Pleas on Fryday the twenty Sixth of the same Month but the said Jones thought it expedient to move the honourable Judges of the Kings-Bench for a Prohibition and therefore made Affidavit of not obtaining a Copy of his Libel before the honourable Judge Dolben and it was read before the Judges of the Kings Bench upon the twenty fifth of the same Month and that honourable Bench was pleased to grant a Prohibition for the said Jones but the next day being the twenty sixth of January Doctor Pinfold engaged Sir George Jefferies who is well known to be a Lawyer that will stoutly defend and maintain the cause he is engaged in either for the King or any of his own Clients against the plaintiff or defendant on the other side and in this Case there was no want of words by Sir George to overthow the Prohibitions both at Kings Bench and Common Pleas but the said Jones doth take it a little unkindly that Sir George Jefferies should with such sharpness of Spirit reflect upon him before the honourable Judges as if he had surreptitiously obtained the grant of a Prohibition and highly blamed the said Jones for moving in two of His Majesties Courts for the said Prohibition but if the said Jones had been then in Court he would have ventured by humble desire to the honourable Judges to make a modest and honest reply to that Gentleman without being so sharp upon him and therein have shewed that the obtaining that Grant of a Prohibition could not fairly be counted Surreptitious because the honourable Judges granted
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
F. Church-Wardens of the said Parish-Church of St. G. without H. aforesaid before the Arch-Deacon of London or his Official for not duely Frequenting his Parish-Church for six Month last past and for not Receiving the Holy Sacrament of the Lords Supper within the said time and being duely Cited to Answer the said Presentment and thereupon judicially Admonished to receive the Holy Sacrament of the Lords Supper in his said Parish-Church and not obeying the said Monition was thereupon pronounced in Contempt and in pain of such his Contempt duely Excommunicated And whereas the said A. B. hath submitted himself to the Jurisdiction of the said Arch Deacons Court and prayed to be absolved from the said Excommunication and offered Caution to be obedient to his Majesties Ecclesiastical Laws and the Lawful Commands of his Ordinary If therefore the said A. B. shall obey His Majesties Ecclesiastical Laws and the Lawful Commands of his Ordinary Then this Obligation to be void and of none effect or else to Remain and be in full Force and Vertue Signed Sealed and Delivered in the Presence of us c. Now whether this and such like Bonds can be legally sued to recover the Penalty thereoâ— very Wise and Understanding men are of differing minds about it however several Personâ— are in the ready Way to know the certain truth hereof in a short time And besides all this there are other ways for deliverance by the Comon Statute Law before the Kings Judges according as the Case may be Allowable by Law and some are not without hopes of Relief this Way with the Expence of Money And as the said Jones is not willing to be imposed upon by others so he will not imposâ— upon others but will freely and friendly leave all his fellow Protestants to take that way and use that means for their help as is most agreeable to thier Circumstances and Satisfactory to their own minds in the keeping of a good Conscience humbly desiring it may be seriously considered That it is better to be punished in their Pursos then their Spirits and be damaged in their Coffers rather then in their Consciences and let it also be considered Whether these and other Distressing Proceedings be not some cause of stopping the Silver Streams in the Golden Street of this great and Loyal City of London And now at last the said Jones is willing to leave a few Refreshing Considerations for the Comfort of his Fellow Distressed Protestants I. Consider That His Majesty hath been Graciously pleased to Relieve his Distressed Dissenting Subjects divers times when they have been violently Prosecuted by several Laws under which they have Groaned and hath favoured them with the Exercise of Religion according to their own Conciences approving of this as the best way to quiet the minds of his Leige People and promote Trade for the good of the Kingdom as may be seen at â—arge in His Majesties Declaration Published by the advice of his Privy-Councel March 15. 167â— II. Consider That the Lords Spiritual and Lords Temporal and the Commons of England Assembled in Parliament provided a Bill to discharge the Kings Protestant Subjects from the Penalties of the 35. of Elizabeth but it unhappily missed of coming to His Majesties Royal Hand for the Royal Assent which was a bad Brown-business However both Houses of Parliament did their Part. III. Consider That the Commons of England Assembled in Parliament have shewed a willingness to free His Majesties Subjects considered as Protestant Dissenters from all the Penal Statutes in matters of Conscience IV. Consider that what hath been done by the King and Parliament distinct one from another may be done by the King in Parliament as a joint Act which doubtless would be â—â—e Joy of the whole Kingdom and then would be a full and compleat fulfilling and Performance of his Majesties Royal Promise in his Royal Declaration from Breda just before his happy Restauration in these following Words We do declare a Liberty to Tender Consciences and that no man shall be disquieted or called in question for differences of Opinion in matters of Religion which do not disturb the Peace of the kingdom and that we shall be ready to consent to such an Act of Parliament as upon mature Deâ—â—â—ration shall be offered to Vs for the full granting that Indulgence V. Consider all you that fear God that Word of God in I saiah 2. 22. Cease ye from 〈◊〉 whose breath is in his Nostrils for wherein is he to be accounted of Which sheweth man mâ—â— not be depended upon VI. Consider of and in all your distresses feed upon and refresh your Souls with the Word of God Isa 12. 5. For the Oppression of the Poor and the Sighing of the Needy now will arise saith the Lord and set him in safety from him that puffeth at him FINIS Imprimis
The Admonisher Admonished IN A MODEST and IMPARTIAL NARRATIVE Of the Proceedings of the Ecclesiastical Court AGAINST JAMES JONES Citizen of LONDON Of the Parish of St. Bartholomew Exchange Being a True Account of matter of Fact from his Citation to Doctors Commons to their taking out the Writ of Excommunicato Capiendo against him AND ALSO An Account of the several Ways made use of for the taking off the said Writ WITH Useful Observations Upon several Particular Passages and Statutes Dedicated to the Worshipful Doctor Pinfold Isa 59. 15. â—ea Truth faileth and he that departeth from Evil maketh himself a Prey and the Lord saw it and it displeased him that there was no Judgment LONDON Printed for Thomas Malthus at the Sun in the Poultrey 1683. To the Right Worshipful THOMAS PINFOLD Doctor of Laws and Official to the Arch-Deacon of London Worshipful Doctor AFter those Respects due to you this is humbly to entreat you with patience to read and consider this following Narrative of matters between you and my self in which I have been careful to give a true Account without any bad Language or any bitter Reflections which are too common in matters of this kind My only design in this is to discover past Proceedings as well on my own part as on yours that so such as may hereafter be concerned with Ecclesiastical Courts as I have been with yours may by these Proceedings learn either to forbear to do as I have done or else improve the same to do better or find out some other way more for their own Advantage And for as much as your Worship hath loaded a Multitude of his Majesties Protestant Subjects with Admonitions and Excommunications and with the Writ de Excommunicato Capiendo to force them into a Jail if they do not pay you great Sums of money for not obeying your Admonitions I beseech you to receive a few Protestant Admonitions agreeable to the Holy Scripture I. That you being a Doctor and Judge of a Court called Spiritual it highly concerneth you to see that you are a true Spiritual man not walking according to the Lusts of the Flesh Spiritual persons ought to maintain Spiritual practices Rom. 8. 1. II. Take heed that you do not force any Persons by your Admonition to come unto the holy Communion who are unholy in their Conversation and that they may escape your Excommunication Venture to Eat and Drink their own Damnation 1 Cor. 11. 20. III. Take heed you do not force the Godly to partake with the Vngodly least you make them Partakers of other mens Sins but purge out the Old Leaven that you may be a new Lump for a little Leaven leaveneth the whole Lump 1 Cor. 5. 6 7 8 9. IV. Take heed you do not that to others which you would not have them do to you viz. You would not be willing the Protestant Dissenters considered as Independents Presbyterians or those falsly called Anabaptists should compel you to take the Holy Sacrament amongst any of them Mat. 5. 12. Therefore why should you do the like V. Take heed that you do not force Persons to the holy Sacrament against their Wills seeing God must be served with a perfect heart and with a willing mind 1 Chron. 28. 9. VI. Take heed you ' do not force Persons to the Holy Sacrament who have not a right unto it or such as for fear of your further Proceedings may come unto it contrary to their own Consciences of whom it may be said as Paul said to the Corinthian Professors 1 Cor. 11. 20. This is not to eat the Lords Supper for the abusing of Gods Ordinance is a losing Gods Ordinance to the Abusers of it and it may be said Such eat mans Dinner rather then the Lords Supper VII Take heed that whilst you proceed in handling Persons about Spiritual things that you let your Proceedings be according to Spiritual Rules contained in the Holy Scriptures in which there is no Directions to inflict outward Penalties upon Persons for not performing of Spiritual Duties VIII Take heed that you do not debase Religion in making Spiritual matters bow and Truckle unto Temporal matters for base ends and let not the Holy Sacrament be made a Qualification for keeping an Alehouse or for being Electors of Magistrates it is enough that men be Free-holders in the Country or free-men and of the Livery in the City for such things IX Take into your Consideration the many miseries that now attend a great number of his Majesties good Subjects some constrained to be as Prisoners in their own Houses others fled into the Countrey others let their Houses and put off their Trades and others remove from those Parishes where they were prosecuted in hopes to be more quiet elsewhere and some are carried to Prison and all by reason of your Proceedings X. Take heed that the Sighs and Cries of poor Women and Children who groan under this Distress do not go up to the God of Compassion and be returned against you as the Cause of them XI Do not think it will be enough for you to say you have proceeded according to Law if you could prove that but consider that the Ecclesiastical Doctors and such as were called Spiritual Judges in Queen Maries days had the same Plea for their Persecuting the poor Protestants XII I Beseech you consider that the Non-Compliance of Protestant-Dissenters in matters of Religion as imposed by you is not for want of Loyalty to his Majesty but for fear they should corrupt Christianity And now worthy Sir be not afraid to put your self upon a Tryal by this Christian Jury of Sober Admonitions which are humbly and honestly Impannelled by His Majesties Loyal Subject and your VVorships Humble Servant James Jones A Famous Example for Ecclesiastical Doctors ANd now Doctor because worthy Examples and good Patterns are sometimes more Prevalent then Admonitions and Precepts I will humbly set before you the good Example of a Famous Doctor of Law belonging to the Ecclesiastical Court in the famous City of Jerusalem Who when the Dissenters and Non-Conformists of that day were cited and brought before the said Ecclesiastical Court and by the Authority thereof were decreed to be Excommunicated out of the Church and out of the World also The aforesaid Doctor of Law favoured and defended the Cause of those poor Dissenters by making an excellent speech against the violent Proceedings of that Court which take as followeth as it is Recorded not in Acts of Parliament but in the Acts of the Apostles Chapter 5. Vers. 34. Then there stood up one in the Counsel a Pharisee named Gamaliel a Doctor of Law had in Reputation of all the People and commanded to put the Apostles forth a little space Vers. 35. And said unto them Ye men of Israel take heed to your selves what ye intend to do as touching these men Vers 38. And now I say unto you Refrain from these men and let them alone for if this Counsel or work be
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
Sacrament in his admonitions that thereby the people might give a full demonstration of being true Protestants it is humbly desired that the Doctor would consider whether too many who venture upon the Sacrament are not a great Scandal to the Protestant Religion by wicked conversations in Swearing Drinking Cursing and calling upon God to damn them and the said Jones doth heartily desire that the men of Doctors Commons were quite free from all these sins the least of which is enough for damnation and that is ten thousand times worse than Excommunication however it may be soberly and safely concluded that such persons are very unfit to drive others to the Sacrament or punish them for not running so headlong as they would have them unto such an holy Ordinance of God And besides all the former Relation the said Jones saith That upon the seventh of February he went again to the Registers Office belonging to the Ecclesiastical Court and there demanded a Copy of his Excommunication and all other proceedings of the Court but the chief Register was very angry because rhose things had been bespâ—ke so long before and were not fetch'd away and reflected upon Jones as if he had not done honestly unto which Jones replyed saying Sir I suppose you do not know that I have been more times for these papers than I was bound to come and could not have them however if they are done let me have them and my money is ready for you upon this great search was made to find the papers but the Clerks could not find them nor the Register neither but one put it off to another as being mislayed Jones seeing them in confusion thought they might better find them in his absence and therefore told them he would go to some house hard by and come again and about an hour after Jones returned to the Office but they were not found notwithstanding all this Jones was fo fair as to give them till the afternoon and the under Register did promise that the papers should be sent by their Officer who brought the Citation so the said Jones went away in farther Exercise of patience but the papers did not come all that day Jones waited for them all the next day till near night and because they were not sent he went and made Affidavit before a Judge That he had been four several times at the Registers to have a Copy of his Excommunication and all other proceedings of the Ecclesiastical Court but could not have them though he offered payment and to leave part of payment in hand and about an hour after the said Jones had been at home the said papers were sent to his house viz. about Seven a Clock at night with a Note from one of the Clerks to pay thirteen Shillings and four pence for them which was payed and sent back by the messenger that brought them Now the honest deâ—ign of Jones in thus labouring to have such papers was to see whether any thing as matter of Law might arise from them sit for the consideration of the honourable Judges whereby the said Jones might have some legal releif but now the Term was very near expiring and not sufficient time to consult with those Learned in the Law to make any Progress and so the said Jones remained in the Exercise of Patience But Doctor Pinfold went on to finish his Work and to perform his Word to the said Jones viz. That he should be laid up in a Jail if he did not come to Church and take the Sacrament according to his Admonition for in the close of the Term the said Spiritual Doctor did procure several Writs of Excommunicato Capiendo from the Temporal Power to apprehend a great Number of the Kings Protestant Subjects and Substantial Citizens of London and to carry them to Prison for not obeying his Admonitions and thereby separate Husbands from Wives Parents from Children Masters from Servants besides hindring many Persons from Managing their honest and Lawful Trades and Callings to the damage of many good Families the whole of which Punishment the said Jones doth hope he shall bear with Patience as the Providence of God shall suffer it to come upon him being well satisfied that Loyalty and Christianity will keep him Company when in a Jail for Non-Conformity And now the said Jones doth think it may be of some Advantage to his fellow Protestants that they be acquainted with the several ways allowed and practiced by Doctor Pinfold for Obtaining an Absolution and so be discharged from the Writ Excommunicato Capiendo after it is out against and served upon them I. Such persons may be absolved and discharged from the said Writ if they will pay all the Charges of the Court which is sometimes Ordinary and sometimes Extraordinary the Ordinary Charges is about forty shillings but according as matters have been managed between the Prosecuted Party and the said Doctor the Charges by the Doctors Bill may amount to five or Six Pounds or more And besides the payment of such Charges the Party must deposit Ten Pound or other such Sum as the Doctor will impose and subscribe that the said Sum of Money shall be forfeited and disposed of as the said Doctor shall think meet viz. If the Party do not come to Church and take the Sacrament at such times as the Doctor will appoint at which instant viz. when the money is tendred down he giveth his Admonition so to do II. Another way to be absolved and discharged from the said Writ is to pay the aforesaid Bill of Charges and take an Oath to conform viz. You shall swear that you will obey all the Kings Ecclesiastical Laws and the Lawful Commands of your Ordinary Now such as think to deliver themselves this way had best in the first place get a true Understanding of the Ecclesiastical Laws what they are and what are the Lawful Commands of the Ordinary least they should swear to such things as may be against their Consciences and so be under a force either to Sin by keeping the Oath or else Sin by Breaking the Oath which if the latter they must expect to hear of it from Doctor Pinfold with both their Ears III. Another way of Deliverance is to give Bond to Dr. Pinfold to conform by such a time as shall be agreed with the said Doctor or else to forfeit the Sum of Money expressed in the said Bond which formerly was used to be but ten Pound but now the said Doctor doth Require a Bond of Thirty Pounds and besides this the aforesaid Bill of Charges must be presently paid and at the sealing and delivering of the aforesaid Bond the said Doctor will Admonish the party to come to Church and receive the Sacrament according to the time of the Bond. The Condition of which Bond take as followeth The Condition of this Obligation is such That whereas the above bounden A. B. was on the â—7th day of November last Presented by C. D. and E.
Persons need not make so much haste to the Ecclesiastical Courts as to break their Shins And so the said Jones will return to his sober Discourse with Doctor Pinfold Then the said Doctor soberly proceeded telling the said Jones that he was under the same Circumstances with his Neighbours viz. Presented by the Church-Wardens for not coming to his Parish Church and for not receiving the Sacrament and added I think it in vain to ask when you were at Church but I will hear what you have to say Then the said Jones Replyed Doctor I perceive you will deal with me as with my Neighbours presently proceed to an Admonition The Doctor said You may be sure of that Jones replied Sir I desire you to hear me a few words before you proceed to Admonition for I am not come to Provoke you and I hope you will not Oppress me Then the Doctor consented to hear what Jones had to say Jones Sir I am ready to receive and comply with an Admonition to receive the Sacrament provided you will give me such an Admonition and in such a Spirit as the Apostle Paul gave in his days at this word the Doctor looked somewhat strangely as if Pauls Admonitions were strange things in that Court but Jones went on saying that Paul did Admonish Persons to examine themselves and come to that Ordinance and in another place Paul did Admonish Persons to take heed they did not partake with Whore-mongers and Drunkards and Railers in the first Admonition Persons are taught to look after their Own Fitness and in the other Admonition Persons are taught to take heed of the Vnfitness of others and such an Admonition I am willing to Receive Doctor You are a very Uncharitable man what do you Judge your Neighbours to be Whore-mongers Jones Sir I do but speak what Paul said a great while ago which is Instruction to us now and though I will not say my Neighbours are Whore-mongers yet this I will say and Appeal to your Conscience that there is some Persons mentioned in one of those Scriptures in most if not in all the Parishes of London viz. Drunkards and Railers and I may add Dreadful Swearers and such as call upon God to damn them for Wickedness is grown bold in all our Streets Doctor Sir you must look to your own self Jones Sir that I learn from the first Admonition of Paul and must take heed I do not communicate with wicked persons from the other Admonition of Paul Doctor I Admonish I Admonish you to come to Church and to take the Sacrament in your own Parish-Church between this and the 6th day of December next and bring a Certificate from the Doctor of your Parish that you have so done Jones Sir seeing you have proceeded to Admonish me I pray tell me whether you Admonish me as a Minister or as a Magistrate Doctor I Admonish you as a Magistrate Jones Sir then I suppose you have the Kings Commission for your thus prâ—ceeding with me and my Neighbours Doctor What Sir Do you call the Authority of this Court into Question Jones Sir I rather conclude it if you be a Magistrate then you must have a Commission for what you do and I desire to see it Doctor Now I see what you are if you had Opportunity you would question the Kings Authority or Title to the Kingdom Jones Sir that is unworthily spoken of you and though you be a greater man than I am I cannot bear this it is Unsufferable and you cannot answer this thing Sir do you sit here as a Judge of a Court and Insinuate so base an Accusation against any of his Majesties Leige People I would have you to know and I do here declare that I do own the Kings Authority as King of this Realm and if you have the Kings Commission for this Court show it me and I will own the Kings Authority in you Doctor Sir I will not show it you Jones I have humbly desired it but now I demand you to show me the Kings Commission for your keeping this Court for I desire to Reverence the Kings Authority wherever I see it and I will Reverence you as the Kings Commissioner if you show your Commission Doctor I do not use to carry it in my my Pocket I will not shew it you Clark go on Jones Well Sir then I demand a Copy of my Libel and time to plead to it Doctor I cannot deny you a Copy you may have it at the Registers Office Jones Sir I demand time to plead to it when I have it Doctor Sir I will not give you time Jones What Sir will you choak me with the Sacrament I do own and Reverence the Sacrament as a holy thing and an Ordinance of God but you ought not to force it down my Throat after this manner at your Pleasure this is not the way to bring People to a Right Conformity to the Church of England that should be done by good Arguments and gentle Reasoning Then the Doctor bid the Clark go on and call another Person saying I have had talk enough with this man And another being called the Doctor after a very few words proceeded to Admonition and dismist him Jones then spake to the Doctor again saying Doctor I beseech you let me have a few gentle words with you in Coolness of Spirit Doctor Why I was not angry Jones Truly Sir you seemed to be angry just now however I do now intreat a kindness of you Doctor Speak on what is it Jones Sir I intreat you to tell me the worst of this matter what will be my danger if through ignorance or neglect or any thing else I should not take the Sacrament at the time appointed by you A Gentleman standing by the Doctor answered You must go and ask your Councel that question Jones What need that Sir seeing I am before the Judge of this Court who can tell me all the Proceedings of his own Court And therefore Doctor I pray tell me that I may not be an ignorant Offender nor an ignorant Sufferer an Obstinate one I will not be Doctor Then I will tell you If you do not come to Church and take the Sacrament by the time appointed you will be Excommunicated and afterwards laid up in a Jail Jones But pray Doctor is there any such Law of God in the New Testament concerning the Sacrament to lay up People in Jail for not taking of it Doctor I have done with you And so bid the Clark go on and call some body else And thus the matter ended for that day Now the said Jones further saith That he could not see any marks of Honour or Power belonging to a Court held by the Kings Commission for he could not see the Kings Arms in the said Tabernacle and whether the former Discourse were Pertinent or Impertinent is submitted to the Consideration and censure of all sober Persons when they have well considered of the Statute of the 1st