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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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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
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 daies 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 civillity and promised a Hearing of them all the next Fryday following The said Jones being not that day called kept silence and did not urge his own Case least he should be counted a Troubler of that Court and therefore resolved to attend Doctor Pinfold the Fryday 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 Fryday came which was the Fourteenth of December the said Jones with a great number of His Majesties Protestant Subjects went to Doctors 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 Majesties 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 Counsellers 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 Majesties peaceable Subjects though greived 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 Supplyment to his Plea drawn up by the Learned in the Law A Copy whereof take as followeth The further Answer and Supplyment of James Jones to the Presentment aforesaid 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 Church-Wardens which the said James Jones is Advised ought 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 Kings Leige Subjects to be any ways vexed or greived 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 Lay-man can be compelled or Obliged to Receive the Sacrament more or oftner 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 oftner or otherwise in any fixed time wherefore forasmuch as the Church-Wardens that made the said Presentment or pretended Presentment could not Legally Present the said James Jones for any Offence but such as do or shal 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 Compell 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 Supplyment AND furthermore the said Jones saith That besides all that is contained in his Plea and Supplyment 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 Diocess 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 Non-conformity before His Majesties Justices of the Peace in the County of Surrey and particularly for not coming to Church which is the same thing mentioned in the Church-Wardens 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 alwaies 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