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-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
does insist upon and prays this Court to take the same into their Consideration and that he may be hence Discharged Subscribed and delivered into the Ecclesiastical Court by the hand of James Jones on the Sixth day of December 1682. THE said Jones having thus proceeded he waited several daies thinking he should be Cited to have some kind of Answer to his Plea whether it was Accepted or Rejected but not hearing any thing at all upon the Eleventh of December the said Jones went again to Doctor Pinfolds Court in the Tabernacle of Old-Fish-Street London that so he might observe Proceedings and to make answer if he should be called upon Which day many Pleas were delivered into the said Court which the Doctor received with great civillity and promised a Hearing of them all the next Fryday following The said Jones being not that day called kept silence and did not urge his own Case least he should be counted a Troubler of that Court and therefore resolved to attend Doctor Pinfold the Fryday following concluding that then he should have opportunity to have his Plea debated as well as others Especially considering that his Plea was one of the first that was delivered into that Court. When Fryday came which was the Fourteenth of December the said Jones with a great number of His Majesties Protestant Subjects went to Doctors Commons for Doctor Pinfold had ordered the Hearing of the Pleas to be there in a very large place like a great Hall which looked somewhat more like a Court than the Tabernacle At which time Doctor Pinfold appeared as Judge And Counsellor Welden and Counsellor Hooke and one of the Doctors belonging to the same Court viz. Doctor Rains appeared to Plead for them that had put in their Pleas. And the Cause of Mr. Mortymer and one Mr. Duberry were debated with great Soberness and strength of Argument touching the Errors of the Presentments and that Courts Imposing the Sacrament at such particular times as the the Law doth not Impose it upon any of His Majesties Subjects Doctor Pinfold saw he was hard put to it in the beginning of this work and therefore after a little Debate of the matter between him and the Counsellers he spread forth his hands and said he would hear no more Pleas but he would Answer them all by the Seal of the Court to morrow morning And so the Doctor went away without any Formal Adjourning the Court or dismissing that great Assembly not any Officer appearing to open his mouth so much as to say God save the King And so that great Assembly departed in very peaceable manner as became His Majesties peaceable Subjects though greived in their minds at such proceedings The said Jones was ready to appear in his own Case if he had been called or if there had been opportunity he being prepared with a Supplyment to his Plea drawn up by the Learned in the Law A Copy whereof take as followeth The further Answer and Supplyment of James Jones to the Presentment aforesaid THE said James Jones saving and reserving as in his former Answer he hath already prayed saith That it doth not appear by the said Presentment or pretended Presentment That the same was made upon the Oaths of the said Church-Wardens which the said James Jones is Advised ought to have been Asserted in the said Presentment or pretended Presentment in regard as the said Jones is advised no Presentment is legal and sufficient in the Law to be Answered unto nor ought the said Jones to Answer any Presentment but what is given in upon Oath to this Court. The Laws and Customs of this Land not pemitting any of the Kings Leige Subjects to be any ways vexed or greived or to be called into question by any Court whatsoever thereby to be Charged with any Offence but upon the Oath of One or more persons Nor ought any Accusations to be received by this Court against the said James Jones but upon Oath For that the said James Jones is a free born Subject of England unconvicted or Accused legally of any Crime and therefore is Advised he ought not to make any Answer to such a Presentment until it doth appear to be according to Law 2. And the said James Jones saith That by no Law of this Realm any Lay-man can be compelled or Obliged to Receive the Sacrament more or oftner than three times in the year viz at Easter and the two other times in the year are left free and Indifferent to the party when he is best fitted and prepared And the said James Jones saith he is a Layman and doth not know of any Law that doth Abridge him of that Liberty or oblige him to Receive it oftner or otherwise in any fixed time wherefore forasmuch as the Church-Wardens that made the said Presentment or pretended Presentment could not Legally Present the said James Jones for any Offence but such as do or shal arise since Easter last and for that there is abundantly sufficient time for him the said James Jones to perform what by Law is required viz. to Receive the Sacrament twice betwixt this and Easter and once then And that as the said James Jones hath not broken any Law so neither as he conceives and is advised is there any ground for any Citation or Admonition against him nor that any Admonition should or can limit him where the Law hath left him free nor may this Court Compell him by Ecclesiastical Censures or otherwise to Receive the Holy Sacrament in a shorter or fixed Time or any otherwise limit him than the Law hath specified directed or allowed Which the said James Jones insists upon with what before he hath already insisted on and prayed as before he hath already prayed James Jones An Addition to the Supplyment AND furthermore the said Jones saith That besides all that is contained in his Plea and Supplyment to the said Plea he had more Matter to be Argued in his Defence against the aforesaid Presentment to show the deficiency and insufficiency thereof A brief account of which take as followeth 1. He the said Jones saith That there is no mention of what Diocess the aforesaid Parish and he as Inhabitant thereof is which should have been plainly Expressed in the said Presentment 2. The said Jones saith That he was Prosecuted for Non-conformity before His Majesties Justices of the Peace in the County of Surrey and particularly for not coming to Church which is the same thing mentioned in the Church-Wardens Presentment and for which the said Jones is Excommunicated Now for the said Jones to be punished in the Temporal Courts and in the Ecclesiastical Court at or about the same time seems be contrary to the Statute of Anno primo Regni Eliz. Chap. 2. which saith Provided alwaies and be it Enacted That whatsoever persons Offending in the premises shall for their Offences first receive Punishment of the Ordinary having a Testimonial thereof under the said Ordinaries Seal shall not
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
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
it upon the Affidavit of the said Jones then read in Court the truth of which Affidavit the said Jones would have sworn before all the Judges of England viz. that he had been at the Registers Office and demanded a Copy of his Libel and could not obtain it though he offered paymnent for the same and in this very case the Law hath provided a Prohibition for the the releif of the Kings Subjects who are too often vexed by the Ecclesiastical Courts See the Statute of the 2 Hen. V. chap. 3. the words are these Item Forasmuch as divers of the Kings liege people be daily Cited to appear in the Spiritual Court before Spiritual Iudgee there to Answer to divers pexsons as well of things which touch Free-hold Debts Trespass Covenants and other things wherof cognisance partaineth to the Courts of our Lord the King as of Matrimony and Testament and when such persons so Cited appear and demand a Libel of that which against them is surmised to be informed to give their answer thereunto or otherwise to purchase a Writ of our Lord the King of Proâ—ibition according to their Case which Libel to them is denied by the said Spiritual Iudges to the intent that such persons should not be aided by any such Writ against the Law and to the great damage of such persons so impleaded our said Lord the King by the advice and assent of his Lords Spiritual and Temporal and at the request and iâ—stance of the said Commons hath Ordained and established that at what time the Libel is grantable by the Law that it may be granted and delivered to the party without any difficulty From which good Statute let these things be considered 1. That the Spiritual Courts ought to have Libels of those matters that are surmised against the Kings Leige people 2. That upon demand without any delaies copies of such Libels ought to be given to such of the Kings Leige people as make a demand of them that thereby they may be enabled to make a legal defence for themselves either respecting the matter of fact surmised against them or any illegal Proceedings in the mannagement thereof 3. That such of the Kings leige people as are denied or cannot obtain a copy of such Libel when grantable by Law shall have the Kings Writ of Prohibition for their releif or if the matters surmised against them in the Spiritual Court be such things whereof cognisance pertaineth to the Court of our Lord the King besides those of Freehold Debt Trespass or Covenants they may have for their releif a Prohibition Now the said Jones humbly conceives that the matters surmised against him in the Spiritual Courts are such things whereof cognisance pertaineth to the Court of our Lord the King viz. an uncertain Information of the Church-Wardens saying in their Presentment They could not of their own knowledge prove who of the Parishioners have and who have not been at Church and that they did not remember to have seen the said Jones at Church for some time past or to have Received the Sacrament for three Months past and besides these things surmised when they were in the Ecclesiastical Court a Copy of a Libel concerning them could not be obtained when demanded upon which the said Jones moved for a Prohibition but Sir George Jefferies in mannaging the cause for Doctor Pinfold did plead there was no Libel in that case and therefore the Ecclesiastical Court could not grant it when demanded and that Doctor Pinfold had proceeded by the Presentment of the Church-Wardens The said Jones doth not blame Sir George for making this Plea for the Doctor but the question is Whether Doctor Pinfold ought not to have a Libel in the Case as well as a Presentment the Statute mentioning a Libel of things surmised against the Kings liege people however the Kings Subjects have good cause to esteem the Proceedings of the Kings Courts of Justice where there is not only Presentments but afterwards Indictments and time allowed to the Kings Subjects to defend themselves and the Accusers brought to the face of the Accused and upon not making substantial proof of matters of fact the Kings accused subjects are by the Judges and the Law discharged but the said Jones and a multitude of his fellow Protestants have not had such fair dealings in Doctor Pinfold's Court and therefore the said Jones hath cause to say From such Courts and such Proceedings Good Lord deliver us And whereas the said Jones is informed that Sir George did reflect upon him for moving in the Kings Court of Common Pleas before he came to move in the Kings Bench for a Prohibition as being willing to have two strings to his Bow the said Jones doth humbly desire Sir George to consider that it is every mans concern to do his best and use the utmost means in a legal way to accomplish his relief and the said Jones doth believe that if it had been his happiness to have engaged Sir George Jefferies as his Conncel in this case it had not been lost for want of speaking to it as it was by the Silence of some Serjeants at Law that were expected to make some Reply in that Case and the Lord Chief Justice Pemberton then Sitting upon the Bench was willing to hear a Reply What was the cause of that silence whether because they could not speak or because they would not speak or because they dared not to speak or because they had not sufficient Fees to speak Grand-father Time must shew But whether because one Serjeant spoke so much and others said nothing at all Prohibitions weare overthrown in Westminster-Hall shall be lest to consideration However the said Jones saith That he was encouraged to take this way because divers of the Kings Subjects have thereby had releif formerly from the power of the Ecclesiastical Courts who were under the same circumstances and therefore the said Jones doth humbly pray Sir George Jefferies to consider that not every cause he hath mannaged either for the Plaintiff or Defendant hath gone currant before the Judges in Westminster-Hall which is a sufficient evidence that either the cause undertaken was not right or else that Sir George's Clients had some wrong and therefore no marvel if one or other of these things have attended poor Jones and others who have proceeded by the Advice of the Learned in the Law however this little victory over Jones and his fellow Protestants gave occasion to Doctor Pinfold to rejoice and boast and glory that night at Doctors Commons as if his cause were fifty in the hundred the better for that daies work but it is humbly desired by the said Jones that the Doctor would seriously cousider that saying in a good old Book called The Holy Bible Let not him that girdeth on his harness Boast himself as he that putteth it off 1 Kings 20. 11. Furtthermore The said Jones doth certifie Doctor Pinfold and all others concerned That he hath a
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
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