THE Sham-Indictment QUASHED, BEING A True Account of what passed at the Old-Baily the 20th of May, 1681. when the Minister of Alhallows-Barkin, London, Answered to Mr Whitaker's Indictment.  
TOGETHER WITH Some Just Reflections upon a Libel, called, The Birth and Burning of St. Michael, etc. Lately Published.  By a Lover of the Loyal Parish of Barkin. ROM. iv 15. 
Where no Law is, there is no Transgression.  
At the COURT in the Old-Baily, May 20. 1681.  
THIS Day Dr. Hicks Minister of Alhallows-Barkin, London, appeared before the Court to Answer that Idle and Frivolous Indictment which was brought in and found against him, for Suffering a Figure, with a Trumpet in one hand, and This Inscription upon the Breast of it, Arise ye dead and come to Judgement, to stand and remain undefaced over the Communion Table.  
Mr. Genner, the Doctor's Council, told the Court, that this Figure was first set up upon the Hand-Dial at the West end of the Church, between the Figures of Time and Death, in the Year 1659. And that it remained there till about 6 Years ago; when the Hand-dial upon which it stood was brought forward, and set over the New Organ, which hindered it from being seen by the Minister and Congregation. He also told them that it had not the shape of St. Michael, nor was ever known or reputed to be the Image of that, or any other Saint. And these things, which could have been proved upon Oath, being premised; he said he conceived there was no Law (unless they meant an Ordinance of Parliament, for destroying and prohibiting all Pictures and Images in Churches made in May 1644.) upon which to Ground this Indictment. Nor any Semblance of Law, but what was found in 3. or 4. of Edw. VI chap. 10. to which the Indictment seemed to direct. And thereupon moved that the Indictment, and that Statute might both be read.  
The Sum of the Indictment was this, That he, (and the other Persons Indicted) being Superstitiously affected, and disregarding the Laws of this Realm, did suffer the Graven Image of St. Michael to stand and remain undestroyed over the Communion-Table, to the great danger of Introducing Idolatry and Superstitious Worship among the King's Liege-Subjects, against the Law in this Case provided, and the Peace of our Sovereign Lord the King, his Crown, and Dignity, etc.  
The Indictment being read, that part of the Statute which concerned the Removal of Popish Images; and the Jurisdiction before whom the Offenders were to be Tried, was also read. The Sum of which is contained in these words. And be it further Enacted— that if any Person or Persons— that now have or hereafter shall have in his, her, or their custody— any Images— which heretofore have been taken out of any Church or Chappel, or yet stand in any Church or Chappel, and do not before the last day of June next ensuing, deface and destroy, or cause to be defaced and destroyed the same Images, and every of them— then, etc.— And for the better Execution of the said Act be it Enacted— that as well Justices of Assize in their Circuits, as Justices of Peace within the limits of their Commission in General Sessions, shall have full Power and Authority to inquire of the Offences aforesaid, and to hear and determine the same, in such form as they may do in other such like Cases.  
These Clauses being read, the Court (when Four of the Judges were present) after demand made, if any were there to appear for the King, forthwith quashed or nulled the Indictment. Because the matter or pretended offence contained in it was no violation of that Law. And because that Court, before whom the Doctor was Indicted (being a Commission of Oyer and Terminer) had no Power or Authority to Hear and Determine Offences against that Statute, which were to be Tried by Justices of Assize, or Justices of the Peace.  
After all Mr. Recorder told the Council, that his Motion had taken them up a great deal of time, but (saith he) if this had been moved before the Judges had come in, I would presently have told you that there was no Law for the Indictment, as I said before; meaning when Mr. Sherman, the Upper Churchwarden, privily took down the Figure, and conveyed it to the Old-Baily; where tho' he pleaded Guilty to this Indictment, and unawares surprised Mr. Hunter, a most Loyal and Honest Gentleman, into a Concurrence with him to do the same, yet the Court would not suffer them to be Fined as that Statute directs.  
Whereas in This Relation it is said, that upon the Demand being made, no Body appeared for the King; that it may not be thought the Doctor's appearance was a Surprise, the Reader may take notice that he appeared upon this Indictment the Sessions before, and pleaded not Guilty, and bound himself to the King, in a Bond of 40 l. to Traverse the Indictment at this.  
This is the Sum of what then passed, and it is published for the security of all Cathedral, Collegiate, and Parish-Churches, which might otherwise upon the account of their Ornaments be obnoxious to the malice of those, who pretend to abhor the very shadow of Idols and Idolatry, that they may more plausibly commit Sacrilege, and other Iniquities, and if any such be yet desirous to trouble the Clergy, or others, with any more such Sham-Indictments, they cannot want occasion in most of the Parish-Churches of this City, as well as some of his Majesty's Chapels Royal, and some Chapels of Inns-of-Court: More particularly in Barkin Church, which at the top is so set about with Gilded Figures called Seraphims, (which are the highest Order of Angels,) that it is almost impossible to kneel, or bow in it, at Prayers or Sacrament, but under, or before one or other of them; nay, there is one set up at the East end of the Church, plum-over the Communion Table, towards which the late Upper Churchwarden, as many of the Parish will testify, hath frequently Bowed without any Scruple of Conscience, while the Figure, miscalled St. Michael in the Indictment, stood thereupon.   

An ADVERTISEMENT.  
WHereas there is lately published by Richard Janeway, a Libellous Pamphlet, with this Title, The Birth and Burning of the Image called St. Michael; Containing the Substance of a Narrative given into the Vestry of All Saints Barkin, London, by Mr. Edm. Sherman, late Upper Churchwarden of the same: This is to Certify all whom it may concern, that the said Narrative was read in the Vestry, and that Dr. Hickes the Minister, and Mr. Hunter, the present Upper Churchwarden, with many other Gentlemen met in the Vestry, did some or other of them, Charge the said Mr. Sherman, from Paragraph to Paragraph, with many Falsities, Prevarications, and unjust Aspersions, to which the said Mr. Sherman could make little or no reply, and that after the reading of it, they declared before his face, and ordered it to be Written down, that it might be Registered, That it was their Opinion, that his Narrative was a Rude, Scurrilous, and Insolent paper, and Asserted that it had very many Falsities, and Prevarications in it, and that it highly tended to the Dishonour of the Established Protestant Religion, and was a Libel upon the whole Parish, and that it should be reserved for further consideration, and in the mean time desired the Doctor to keep it.  
This the Doctor, and Gentlemen of the Vestry, who know the matters of fact contained in that Libel, declared before Mr. Shermans face, and are ready to testify upon all occasions: And I leave it to all Impartial men, to determine, whether Twenty men or more, all of UNBROKEN Reputations are to be believed, or Mr. Sherman alone. And as to the Impudence, Profaneness, and Scurrility of the Libel, let every modest and serious Reader be judge.  Zeph. 4.5. 
The unjust knoweth no shame.   

LONDON, Printed for Randal Tailor, 1681.