love and a reverent 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 aâ—oresaid 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 Iudgment 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 administred unto the people within this Church of England and Ireland and other the Kings 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 Custome contrary thereunto in any wise notwithstanding not condemning hereby the usage of any Church out of the Kings Majesties 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 Administred according to Christs 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 Majesties Protestant subjects do exercise a Godly care and maketh great Conscience to Wait upon God in no other Assemblies then is expressed in the aforsaid Article viz. A company of faithful people that have the pure Word of God truly preached and the Ordinances of God duly administred 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 Virgins 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 practice water Baptism as Gods holy Ordinance and the Lords Supper in both kinds of Bread and Wine as a holy Remembrance of Christs 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 Kings 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 owne desire Now therefore why the said Joneâ—s or any other of the Kings 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 Governour 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 Christs way was to aford plain and powerful preaching of his Word to inlighten the mind and perswade 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 mony to get off And whereas the â—aid Doctor did declare in the publick Assembly of Doctors Commons that he fixed the taking of the
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 Church-Wardens 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 Replyed 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 Pauls 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 Vnfitness 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 then I suppose you have the Kings Commission for your thus prâ—ceeding 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 then 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 Kings 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 Majesties Leige People I would have you to know and I do here declare that I do own the Kings Authority as King of this Realm and if you have the Kings Commission for this Court show it me and I will own the Kings 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 Kings Commission for your keeping this Court for I desire to Reverence the Kings Authority wherever I see it and I will Reverence you as the Kings Commissioner if you show your Commission Doctor I do not use to carry it in my my Pocket I will not shew it you Clark go on Jones Well Sir then 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 choak 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 Clark 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 dismist him Jones then spake 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 intreat a kindness of you Doctor Speak on what is it Jones Sir I intreat 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 Councel 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 Clark 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 Kings Commission for he could not see the Kings 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
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 Majesties Subjects is plainly forbiden 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 Majesties 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 Majesties Reign one Thomas Watersfeild Church-Warden 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 dilligence 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 Lords day and Festival daies 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 Church-Warden did refuse to take and for it was afterward Excommunicated by the said Bishop But the said Watersfeild brought his Case before His Majesties 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 Kings 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 Church-Wardens 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 Gentlemans Hat and some busle 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 Church-Wardens 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 alwaies 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 determin the bounds of Diocesses 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 Church-Wardens sometime since their being in that Office and before the pretended Presentment did upon their Oaths Return into the Court Omnia bene c. 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 c. 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 Church-Wardens have not accused him of any Crime but only saith they cannot of their own knowledge know who of the Parishoners who have and who have not been at Church c. And further they do not remember to have seen the said James Jones c. at Church for three months last past which is no Charge according to Law for that it ought to be certain that the said James Jones c. 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 compleat 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 ar added afterwards in the said Presentment All which the said James Jones