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A62233 The sham-indictment quash'd 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, &c., lately published / by a lover of the loyal parish of Barkin. Sanders, Jonathan. 1681 (1681) Wing S747; ESTC R8555 2,692 6

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THE Sham-Indictment QUASH'D 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 c. 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 Judgment to stand and remain undefaced over the Communion Table Mr. Genner the Doctors Councel 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 hindred 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 Kings Liege-Subjects against the Law in this Case provided and the Peace of our Soveraign Lord the King his Crown and Dignity c. 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 Tryed 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 c. 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 quash'd or null'd 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 Tryed by Justices of Assize or Justices of the Peace After all Mr. Recorder told the Councel 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 Church-Warden privily took down the Figure and conveyed it to the Old-Baily where tho' he pleaded Guilty to this Indictment and unawares surprizd 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 Doctors appearance was a Surprize 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 Sacriledge 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 Majesties Chappels Royal and some Chappels 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 Church-Warden as many of the Parish will testifie hath frequently Bow'd 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 Vpper Church-Warden of the same This is to Certifie 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 Church-Warden 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 Registred 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 testifie upon all occasions And I leave it to all Impartial men to determine whether Twenty men or more all of VNBROKEN Reputations are to be believed or Mr. Sherman alone And as to the Impudence Prophaneness 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 Tayler 1681.