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A26419 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. 1683 (1683) Wing A591; ESTC R11117 28,325 22

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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 thereo● very Wise and Understanding men are of differing minds about it however several Person● 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 impos● 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 ●arge in His Majesties Declaration Published by the advice of his Privy-Councel March 15. 167● 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 ●●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 De●●●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 m●● 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
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-Offic●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 o● 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
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 a●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 Jone●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 ●aid Doctor did declare in the publick Assembly of Doctors Commons that he fixed the taking of the