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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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for the same Offencee eftsoons be Convict before the Iustices and likewise Receiving for the said Offence punishment first by the Iustices shall not for the same Offence eftsoons Receive punishment of the Ordinary any thing contained in this Act to the contrary notwithstanding 3. And he the said Jones saith That the Church-Wardens did not in their Presentment Alledge against him That he had not any Lawful or Reasonable Cause to show why he had not been at Church or Sacrament of so long a time mentioned in the presentment See 1 Eliz. Cap. 2. Paragraph 14. 4. And he the said Jones saith That whereas Errors in an Indictment at Sessions or Assizes or Errors in a Mittimus whereby a man is Committed to prison will when Legally Pleaded overthrow and make void such Indictment or Commitment and so relieve the Indicted and Committed person Even so and much more should the said Jones by reason of a Deficient and Insufficient Presentment be Discharged from the Ecclesiastical Court as he prayed in his aforesaid plea and Supplyment and therefore the said Jones doth conclude that it is better to be concerned with the Kings Justices and Judges who Sitt by Commission from the King in the Kings Courts of Record than to be concerned with any Ecclesiastical Court and such as are Doctors and Judges in the said Courts The said Jones further saith he heard no more from Doctors-Commons till the Twentieth of December and then the Doctor of his Parish viz. St. Bartholomew Exchange did in very friendly manner acquaint the said Jones that an Excomunication against him was come from Doctors Commons and that the said Doctor was ordred to publish the said Excommunication next morning being St. Thomas's day unto which the said Jones Reply'd That the Ecclesiastical Court had proceeded Illegally in going so far as an Excommunication and demonstrated the same in two Particulars First that he the said Jones had given a Plea in Law to that Court against the aforesaid Presentment and was never admitted to be heard upon his Plea which is contrary to the Laws of England to have any Sentence pass upon any man to his damage without his Cause be Legally heard and Debated Secondly That it was not in the power of the Ecclesiastical Court Legally to Excommunicate the said Jones for not taking the Sacrament at any such time as that Court should at their pleasure Appoint there being but one time of the year named for Receiving the Sacrament viz Easter The aforesaid Doctor reply'd he was sorry things were brought to such a point but he could not avoid obeying the Order of Doctors Commons and so the next day being Dec. 23. called St. Thomas day the Excommunication was published in the Parish Church called St. 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 Holy-daies and that was the reason they were not done the said Jones replyed That it was a strange thing to him they could not write their own proceedings upon a Holy-day as well as Excommunicate him upon a Holy-day The said Jones waited till Wedensday the Third of January and then went with his friend for the aforesaid Copy and then the Clerk said That he whom he had appointed to draw out the aforesaid Copy was out of the way himself was going from the Office at that time and so the said Jones came away without what he so much endeavored to have going more times to the Office than he was bound to do Thus things remained till about a fortnight before Hilary Term and then the said Jones went and made Affidavit before Judge Charleton the form of the said Affidavit is as followeth James Jones of London Merchant-Taylor deposeth upon Oath That he was Cited into the Ecclesiastical Court before Doctor Pinfold and made his appearance and since hath been at the Registers Office and there demanded a Copy of his Libel but could not obtain it though he offered payment for the same And after this upon the twenty third day of January 1682. being the first day of the Term the said Jones with a few others moved the Honourable Judges of the Kings Court of Common Pleas for Prohibitions upon the not obtaining Copies of their Libels when demanded and payment offered for the same the particular Affidavits of that matter being read in Court and moved by several Serjeants at Law the Judges were pleased to grant Prohibitions with a Nisi causa viz. if Doctor Pinfold could not shew cause against them and a Rule of Court was served upon Doctor Pinfold to Appear before the Judges of the Common Pleas on Fryday the twenty Sixth of the same Month but the said Jones thought it expedient to move the honourable Judges of the Kings-Bench for a Prohibition and therefore made Affidavit of not obtaining a Copy of his Libel before the honourable Judge Dolben and it was read before the Judges of the Kings Bench upon the twenty fifth of the same Month and that honourable Bench was pleased to grant a Prohibition for the said Jones but the next day being the twenty sixth of January Doctor Pinfold engaged Sir George Jefferies who is well known to be a Lawyer that will stoutly defend and maintain the cause he is engaged in either for the King or any of his own Clients against the plaintiff or defendant on the other side and in this Case there was no want of words by Sir George to overthow the Prohibitions both at Kings Bench and Common Pleas but the said Jones doth take it a little unkindly that Sir George Jefferies should with such sharpness of Spirit reflect upon him before the honourable Judges as if he had surreptitiously obtained the grant of a Prohibition and highly blamed the said Jones for moving in two of His Majesties Courts for the said Prohibition but if the said Jones had been then in Court he would have ventured by humble desire to the honourable Judges to make a modest and honest reply to that Gentleman without being so sharp upon him and therein have shewed that the obtaining that Grant of a Prohibition could not fairly be counted Surreptitious because the honourable Judges granted
it upon the Affidavit of the said Jones then read in Court the truth of which Affidavit the said Jones would have sworn before all the Judges of England viz. that he had been at the Registers Office and demanded a Copy of his Libel and could not obtain it though he offered paymnent for the same and in this very case the Law hath provided a Prohibition for the the releif of the Kings Subjects who are too often vexed by the Ecclesiastical Courts See the Statute of the 2 Hen. V. chap. 3. the words are these Item Forasmuch as divers of the Kings liege people be daily Cited to appear in the Spiritual Court before Spiritual Iudgee there to Answer to divers pexsons as well of things which touch Free-hold Debts Trespass Covenants and other things wherof cognisance partaineth to the Courts of our Lord the King as of Matrimony and Testament and when such persons so Cited appear and demand a Libel of that which against them is surmised to be informed to give their answer thereunto or otherwise to purchase a Writ of our Lord the King of Pro●ibition according to their Case which Libel to them is denied by the said Spiritual Iudges to the intent that such persons should not be aided by any such Writ against the Law and to the great damage of such persons so impleaded our said Lord the King by the advice and assent of his Lords Spiritual and Temporal and at the request and i●stance of the said Commons hath Ordained and established that at what time the Libel is grantable by the Law that it may be granted and delivered to the party without any difficulty From which good Statute let these things be considered 1. That the Spiritual Courts ought to have Libels of those matters that are surmised against the Kings Leige people 2. That upon demand without any delaies copies of such Libels ought to be given to such of the Kings Leige people as make a demand of them that thereby they may be enabled to make a legal defence for themselves either respecting the matter of fact surmised against them or any illegal Proceedings in the mannagement thereof 3. That such of the Kings leige people as are denied or cannot obtain a copy of such Libel when grantable by Law shall have the Kings Writ of Prohibition for their releif or if the matters surmised against them in the Spiritual Court be such things whereof cognisance pertaineth to the Court of our Lord the King besides those of Freehold Debt Trespass or Covenants they may have for their releif a Prohibition Now the said Jones humbly conceives that the matters surmised against him in the Spiritual Courts are such things whereof cognisance pertaineth to the Court of our Lord the King viz. an uncertain Information of the Church-Wardens saying in their Presentment They could not of their own knowledge prove who of the Parishioners have and who have not been at Church and that they did not remember to have seen the said Jones at Church for some time past or to have Received the Sacrament for three Months past and besides these things surmised when they were in the Ecclesiastical Court a Copy of a Libel concerning them could not be obtained when demanded upon which the said Jones moved for a Prohibition but Sir George Jefferies in mannaging the cause for Doctor Pinfold did plead there was no Libel in that case and therefore the Ecclesiastical Court could not grant it when demanded and that Doctor Pinfold had proceeded by the Presentment of the Church-Wardens The said Jones doth not blame Sir George for making this Plea for the Doctor but the question is Whether Doctor Pinfold ought not to have a Libel in the Case as well as a Presentment the Statute mentioning a Libel of things surmised against the Kings liege people however the Kings Subjects have good cause to esteem the Proceedings of the Kings Courts of Justice where there is not only Presentments but afterwards Indictments and time allowed to the Kings Subjects to defend themselves and the Accusers brought to the face of the Accused and upon not making substantial proof of matters of fact the Kings accused subjects are by the Judges and the Law discharged but the said Jones and a multitude of his fellow Protestants have not had such fair dealings in Doctor Pinfold's Court and therefore the said Jones hath cause to say From such Courts and such Proceedings Good Lord deliver us And whereas the said Jones is informed that Sir George did reflect upon him for moving in the Kings Court of Common Pleas before he came to move in the Kings Bench for a Prohibition as being willing to have two strings to his Bow the said Jones doth humbly desire Sir George to consider that it is every mans concern to do his best and use the utmost means in a legal way to accomplish his relief and the said Jones doth believe that if it had been his happiness to have engaged Sir George Jefferies as his Conncel in this case it had not been lost for want of speaking to it as it was by the Silence of some Serjeants at Law that were expected to make some Reply in that Case and the Lord Chief Justice Pemberton then Sitting upon the Bench was willing to hear a Reply What was the cause of that silence whether because they could not speak or because they would not speak or because they dared not to speak or because they had not sufficient Fees to speak Grand-father Time must shew But whether because one Serjeant spoke so much and others said nothing at all Prohibitions weare overthrown in Westminster-Hall shall be lest to consideration However the said Jones saith That he was encouraged to take this way because divers of the Kings Subjects have thereby had releif formerly from the power of the Ecclesiastical Courts who were under the same circumstances and therefore the said Jones doth humbly pray Sir George Jefferies to consider that not every cause he hath mannaged either for the Plaintiff or Defendant hath gone currant before the Judges in Westminster-Hall which is a sufficient evidence that either the cause undertaken was not right or else that Sir George's Clients had some wrong and therefore no marvel if one or other of these things have attended poor Jones and others who have proceeded by the Advice of the Learned in the Law however this little victory over Jones and his fellow Protestants gave occasion to Doctor Pinfold to rejoice and boast and glory that night at Doctors Commons as if his cause were fifty in the hundred the better for that daies work but it is humbly desired by the said Jones that the Doctor would seriously cousider that saying in a good old Book called The Holy Bible Let not him that girdeth on his harness Boast himself as he that putteth it off 1 Kings 20. 11. Furtthermore The said Jones doth certifie Doctor Pinfold and all others concerned That he hath a