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 Doctor's 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. 
●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 Judgement.  
LONDON: Printed for Thomas Malthus at the Sun in the Poultry. 1683.   

To the Right Worshipful THOMAS PINFOLD, Doctor of Laws, and Official to the Archdeacon 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 myself, 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 Majesty's 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 ungodly, lest you make them Partakers of other men's 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 falsely 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 God's Ordinance is a losing God's Ordinance, to the Abusers of it, and it may be said, Such eat man's Dinner, rather than 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 Freeholders' in the Country, or freemen 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 Majesty's good Subjects, some constrained to be as Prisoners, in their own Houses, others fled into the Country, 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 Mary's days, had the same Plea for their Persecuting the poor Protestants.  
XII. I Beseech you consider that the Noncompliance 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 yourself upon a Trial by this Christian Jury of Sober Admonitions, which are humbly and honestly Impanelled by  
His Majesty's Loyal Subject, and your Worship's Humble Servant, James Jones.   

A Famous Example for Ecclesiastical Doctors.  
ANd now Doctor, because worthy Examples and good Patterns are sometimes more Prevalent than 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 yourselves, what ye intent 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 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. Rome 2. 16.    

ERRATA. Page. 2. Line. 45. for Sir Thomas', Read St. Thomas'.   

The Admonisher Admonished: OR, A MODEST and IMPARTIAL NARRATIVE OF The late Proceedings of the Ecclesiastical-Court against JAMES JONES, etc.  
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 Majesty's 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 virtue of a Process under Seal, to appear before the Right Worshipful Thomas Pinfold, Doctor of Laws, and Official to the Archdeacon of London, or his Lawful Surrogate, or any other Competent judge 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 Churchwardens of your said Parish, as by Law you are bound. And further to do and Receive as by Law and justice 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 King's Name, (only, I Cite you.)  
2. Though there is Mention made of a Process under Seal, by virtue of which the said Jones was Cited, it is not said, By virtue of a Commission from his Majesty, given to Empower 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 legality 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 Churchwardens 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' Neighbours had been called, the Clerk called for one Mr. Jones; The said Jones Replied, 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' in the said Parish.  
Then the Doctor inquired of the Apparitor, who said that one of the Churchwardens 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 needlessly 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, than 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' 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 Privilege of such Persons in their Election of that Honourable Court of Common Council; but this is a happiness to the Loyal City of London, that the Citizens of London do understand the Statute Law, by which the King's Power and the People's Privilege 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 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 Churchwardens, 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 Replied, 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 Paul's 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 unfitness 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, than I suppose you have the King's Commission for your thus proceeding 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, than 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 King's 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 Majesty's Liege People? I would have you to know, and I do here declare, that I do own the King's Authority, as King of this Realm; and if you have the King's Commission for this Court, show it me, and I will own the King's 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 King's Commission for your keeping this Court, for I desire to Reverence the King's Authority wherever I see it, and I will Reverence you as the King's Commissioner, if you show your Commission.  Doctor. 
I do not use to carry it in my my Pocket, I will not show it you. Clark go on.  Jones. 
Well Sir, than 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 choke 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 Clerk 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 dismissed him.  
Jones then spoke 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 entreat a kindness of you.  Doctor. 
Speak on, what is it?  Jones. 
Sir I entreat 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 Council 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 Clerk 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 King's Commission, for he could not see the King's 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. 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 Usurped 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 jurisdiction Spiritual and Temporal is derived and deducted from the King's Majesty as Supreme 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 Foreign 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 judicial, at the Common Law, and that the Teste thereof be in the Name of the Archbishop or bishop, or other, having Ecclesiastical jurisdiction, who have the commission and Grant of the Authority Ecclesiastical, immediately from the King's Highness, and that his Commissary, Official, or Substitute, Exercising jurisdiction 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 jurisdiction, shall have from the first day of July before expressed in their Seals of Office the King's Highness' Arms decently set with certain Characters under the Arms for the Knowledge of the Diocese, and shall use no other Seal of jurisdiction but wherein his Majesty's Arms be engraven, upon pain that if any person shall use Ecclesiastical jurisdiction (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 King's Name, or use any Seal of juri sdiction other than before Limited, that every such Offender shall incur and run in the King's Majesty's Displeasure and Indignation, and suffer Imprisonment at his Highness' Will and Pleasure.  
Now whether the Ecclesiastical Courts have such Authority from the King's 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 King's Name.  
Secondly, Because Doctor Pinfold refused to show the King's 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 Majesty's 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 King's Reign, may be the Non-Conformists in his Successors Reign; 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 aforecited Statute.  
But than 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 ●urther enacted. by the Authority of this present parliament, that an Act made in the first year of the Reign of Queen Mary, Entitled, 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 Mary's 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 own 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 Churchwardens of his said Parish.  
A Copy of which Presentment take as followeth.  
George Cole and William Baron Churchwardens, of the Parish of St. Bartholomew Exchange, each do declare as followeth:  
Whereas we cannot of our own knowledge prove who of the Parishioners have and who have not been at Church, and for that Mr. Robert Key, the late Churchwarden 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 Sergeant.  
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 Churchwardens 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 Parishioners were carried to Doctors-Commons by some body else, and then the Churchwardens were sent for to Doctors-Commons, and required to put them into a Presentment, and the said Churchwardens 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 Churchwardens 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 Churchwardens 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 Churchwardens, 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 Archbishop, Bishop, nor Vicar General, nor any Chancellor, Official, nor Commissary of any Archbishop, or Vicar General, nor any Ordinary whatsoever: Nor any other Spiritual or Ecclesiastical judge, Officer or Minister of justice, nor any other Person or persons whatsoever, exercising Spiritual or Ecclesiastical power, Authority, or jurisdiction, by any grant Licence, or Commission of the King's 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 King's Subjects, for any Contempt, Misdemeanour, Crime, Offence, Matter or thing whatsoever, belonging to Spiritual or Ecclesiastical Cognizance, or jurisdiction, or shall Ex-Officio, or at the Instance or Promotion of any other person whatsoever, urge, Enforce, Tender, give or minister unto any Churchwarden, 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 privilege, 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 King's 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 Archbishop, Bishop, Vicar General, Chancellor, Commissary, or any other Spiritual or Ecclesiastical judge, Offices or Minister, or any other person having or Exercising Spiritual or Ecclesiastical jurisdiction, 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 Administered, 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 Usage 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 Archbishop, Bishop, or any other Spiritual or Ecclesiastical judge, Officer, or other person, or persons, aforesaid any power or Authority to Exercise, Execute, Inflict, or Determine any Ecclesiastical jurisdiction, Censure or Coercion, which they might not by Law have done before, the year of our Lord 1639. nor to Abridge or Diminish the King's Majesty's 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 Majesty's 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 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 Majesty's Subjects is plainly forbidden 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 Majesty's 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 Majesty's Reign, one Thomas Watersfeild, Churchwarden 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 diligence, 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 Lord's day and Festival days 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 Churchwarden did refuse to take, and for it was afterward Excommunicated by the said Bishop. But the said Watersfeild brought his Case before His Majesty's 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 King's 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 Churchwardens: 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 Gentleman's Hat; and some bustle 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, Churchwardens 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 always 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 determine the bounds of Dioceses 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 Churchwardens sometime since their being in that Office, and before the pretended Presentment, did upon their Oaths Return into the Court Omnia bene, etc. 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, etc. 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 Churchwardens have not accused him of any Crime, but only saith they cannot of their own knowledge, know who of the Parishioners, who have, and who have not been at Church, etc. And further they do not remember to have seen the said James Jones, etc. at Church for three months' last passed: which is no Charge according to Law, for that it ought to be certain, that the said James Jones, etc. 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 complete 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 are added afterwards in the said Presentment.  
All which the said James Jones 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 days, 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 civility, and promised a Hearing of them all, the next Friday following. The said Jones being not that day called, kept silence, and did not urge his own Case, lest he should be counted a Troubler of that Court; and therefore resolved to attend Doctor Pinfold the Friday 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 Friday came, which was the Fourteenth of December; the said Jones, with a great number of His Majesty's Protestant Subjects, went to Doctor's 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 Majesty's 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 Counsellors: 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 Majesty's peaceable Subjects, though grieved 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 Supplement to his Plea: drawn up by the Learned in the Law. A Copy whereof take as followeth.  
The further Answer and Supplement of James Jones, to the Presentment aforesaid.  

Imprimis  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 Churchwardens: which the said James Jones, is Advised aught 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 King's Liege Subjects, to be any ways vexed or grieved, 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 Layman can be compelled or Obliged to Receive the Sacrament, more or oftener, 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 oftener; or otherwise in any fixed time: wherefore, forasmuch as the Churchwardens, that made the said Presentment, or pretended Presentment, could not Legally Present the said James Jones, for any Offence, but such as do, or shall 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 Compel 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 Supplement.  
AND furthermore the said Jones saith, That besides all that is contained in his Plea, and Supplement 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 Diocese 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 Nonconformity, before His Majesty's Justices of the Peace, in the County of Surrey, and particularly for not coming to Church: which is the same thing mentioned in the Churchwardens 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 always, 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 for the same Offence eftsoons be Convict before the justices: and likewise Receiving for the said Offence punishment, first by the justices: 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 Churchwardens did not in their Presentment Allege 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 Supplement, and therefore the said Jones doth conclude, that it is better to be concerned with the King's Justices, and Judges, who Sit by Commission from the King, in the King's 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 Excommunication against him was come from Doctor's Commons. and that the said Doctor was ordered to publish the said Excommunication next morning, being St. Thomas' day: unto which the said Jones Replied, 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 replied, he was sorry things were brought to such a point, but he could not avoid obeying the Order of Doctor's Commons, and so the next day being Dec. 23. called St. Thomas day, the Excommunication was published in the Parish Church called St. Barth●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 Holidays, and that was the reason they were not done; the said Jones replied, That it was a strange thing to him, they could not write their own proceedings upon a Holiday, as well as Excommunicate him upon a Holiday. 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 endeavoured 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 King's 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 Sergeants at Law: the Judges were pleased to grant Prohibitions with a Nisi causa, viz. if Doctor Pinfold could not show cause against them, and a Rule of Court was served upon Doctor Pinfold to Appear before the Judges of the Common Pleas, on Friday 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 King's 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 overthrow the Prohibitions, both at King's 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 Majesty's 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 showed, that the obtaining that Grant of a Prohibition, could not fairly be counted Surreptitious, because the honourable Judges granted 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 relief of the King's 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 King's liege people, be daily Cited to appear in the Spiritual Court, before Spiritual judgee, there to Answer to divers pexsons, as well of things which touch freehold, Debts, Trespass, Covenants, and other things whereof cognisance pertaineth 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 Prohibition, according to their Case, which Libel to them is denied by the said Spiritual judges, 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 instance 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 King's Liege people,  
2. That upon demand, without any delays, copies of such Libels ought to be given to such of the King's Liege 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 King's liege 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 relief; 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 relief 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 Churchwardens, 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 managing 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 Churchwardens. 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 King's liege people: however the King's Subjects have good cause to esteem the Proceedings of the King's Courts of Justice, where there is not only Presentments but afterwards Indictments, and time allowed to the King's 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 King's Court of Common Pleas, before he came to move in the King's 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 man's 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 Sergeants 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, Grandfather Time must show. But whether because one Sergeant spoke so much, and others said nothing at all, Prohibitions wear 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 King's Subjects have thereby had relief, 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 managed, 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 Doctor's Commons, as if his cause were fifty in the hundred the better for that day's 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 certify Doctor Pinfold, and all others concerned, That he hath a love and a reverend 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 aforesaid 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 judgement 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 administered unto the people, within this Church of England and Ireland, and other the King's 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 Custom, contrary thereunto in any wise notwithstanding, not condemning hereby the usage of any Church out of the King's Majesty's 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 Administered, according to Christ's 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 Majesty's Protestant subjects, do exercise a Godly care, and maketh great Conscience to Wait upon God, in no other Assemblies than is expressed in the v Article, viz. A company of faithful people that have the pure Word of God truly preached, and the Ordinances of God duly administered.  
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 Virgin's 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 practise water Baptism, as Gods holy Ordinance, and the Lords Supper in both kinds, of Bread and Wine, as a holy Remembrance of Christ's 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 King's 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 own desire.  
Now therefore why the said Jone●s, or any other of the King's 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 Governor 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 Christ's way was to aford plain and powerful preaching of his Word, to enlighten the mind, and persuade 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 money to get off.  
And whereas the ●aid Doctor did declare, in the public Assembly of Doctor's Commons, that he fixed the taking of the 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 Doctor's 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 besp●ke so long before, and were not fetched away, and reflected upon Jones as if he had not done honestly: unto which Jones replied 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 foe 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 paid and sent back by the messenger that brought them. Now the honest design 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 relief, 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 King's 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 hindering 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 Nonconformity.  
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 practised 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 Doctor's 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 tendered 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, lest 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 ●7th. day of November last Presented by C. D. and E. F. Churchwardens of the said Parish-Church of St. G. without H. aforesaid before the Archdeacon of London, or his Official, for not duly Frequenting his Parish-Church for six Month last passed, and for not Receiving the Holy Sacrament of the Lords Supper within the said time; and being duly 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 duly 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 Majesty's Ecclesiastical Laws, and the Lawful Commands of his Ordinary: If therefore the said A. B. shall obey His Majesty's 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 Virtue.  
Signed Sealed and Delivered in the Presence of us, etc.  
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 Common & Statute Law, before the King's Judges according as the Case may be Allowable by Law; and some are not without hopes of Relief, this Way, with the Expense 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 their 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, than their Spirits, and be damaged in their Coffers, rather than 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 Consciences, approving of this as the best way to quiet the minds of his Liege People, and promote Trade for the good of the Kingdom, as may be seen at ●arge in His Majesty's 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 King's Protestant Subjects from the Penalties of the 35. of Elizabeth, but it unhappily miss of coming to His Majesty's 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 showed a willingness to free His Majesty's 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 complete fulfilling and Performance of his Majesty's 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 Us, 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 showeth 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.