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
of Edward the 6th Chap. 2. which take as followeth ANd whereas the Arch-Bishops and Bishops and other Spiritual Persons in this Realm do use to make and send out their Summons Citations and other Processes in their own names and in such Form and manner as was used in the time of the Vsurped Power of the Bishop of Rome contrary to the Form and Order of the Summons and Process of the Common-Law used in this Realm seeing that all Authority of Iurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as Supream Head of these Churches and Realms of England and Ireland and so justly acknowledged by the Clergy of the said Realms That all Courts Ecclesiastical within the said two Realms be kept by no other Power or Authority either Forreign or within the Realm but by the Authority of his most excellent Majesty Be it therefore further Enacted by the Authority aforesaid that all Summons and Citations or other Process Ecclesiastical in all Suits and Causes of instance betwixt party and party and all Causes of correction and all Causes of Basterdy or Bigamy or Inquiry de Jure Patronatus Probates of Testaments and Commissions of Administrations of Persons deceased and all Acquittances of and upon Accounts made by the Executors Administrators or Collectors of goods of any dead Person be from the first day of July next Following made in the Name and with the Style of the King as it is in Writs Original or Iudicial at the Common Law and that the Teste thereof be in the Name of the Arch-bishop or bishop or other having Ecclesiastical Iurisdiction who have the commission and Grant of the Authority Ecclesiastical immediately from the Kings Highness and that his Commissary Official or Substitute Exercising Iurisdiction under him shall put his name in the Citation or Process after the Teste Furthermore be it Enacted by the Authority aforesaid that all manner of person or persons who have the Exercise of Ecclesiastical Iurisdiction shall have from the first day of July before expressed in their Seals of Office the Kings Highnesses Arms decently set with certain Characters under the Arms for the Knowledge of the Diocess and shall use no other Seal of Iurisdiction but wherein his Majesties Arms be ingraven upon pain that if any person shall use Ecclesiastical Iurisdiction after the day expressed in this Realm of England Wales or other his Dominions or Territories and not send or make out the Citation or Process in the Kings Name or use any Seal of Iuri sdiction other then before Limited that every such Offender shall incur and run in the Kings Majesties Displeasure and Indignation and suffer Imprisonment at his Highnesses Will and Pleasure Now whether the Ecclesiastical Courts have such Authority from the Kings Majesty by Commission under the great Seal of England and do proceed in the Exercise thereof according to the recited Statute of the 1 Edw. 6. the said Jones doth humbly leave it with Doctor Pinfold to give a Satisfactory Demonstration of it However the said Jones hath yet no cause to conclude that the Ecclesiastical Courts have such Power or have so Legally Proceeded with him and many other Persons first because the first step of Proceeding viz. the Citation was not in the Kings Name Secondly Because Doctor Pinfold refused to show the Kings Commission when humbly desired and honestly demanded in the place where he held his Court which if the said Doctor had been impowered according to the former Statute it had been very easy for him to have given some convincing Demonstration thereof and then the said Jones would have so declared the matter to others of his fellow Protestants as might have prevented many People from finding fault with the said Court and have caused them to give the more Reverence and Respect because of his Majesties Authority according to Law But it may be some will say that the aforesaid Statute of 1 Edw. 6. 2. hath been Repealed The said Jones doth grant that to be true but then let it be well considered by whom it was Repealed and that was by Queen Mary a shee-Popish Successor an Enemy to the Protestent Religion and to Protestants of all sorts who made a change in Ecclesiastical Courts as well as in other Courts Popish Persons being made Judges Officials and Surrogates to manage Ecclesiastical Affairs according to the Popish way and then were the poor Protestants the Dissenters of that time and were handled accordingly being Cited to the Ecclesiastical Courts and Excommunicated and then delivered up to the Temporal Power for Imprisonment and death also because they were the Non-Conformists of that day and did not in all things submit themselves to the Government as Established by Law though they had the holy word and Law of God on their sides This may teach all Persons to take heed of insisting too much upon National Laws in matters of Religion because they who are the Conformists in one Kings Raign may be the Non-Conformists in his Successors Raign and they would not think it a sufficient Argument against them that their Opinions and Practices are contrary to the Government Established by Law But whether the men of Doctors-Commons may not believe that a change of Religion Established by Law is not a sufficient Argument to keep their places and plead Conformity shall be left for time to manifest And now the said Jones will return to the Repeal of the former Statute Anno Primo Mariae Sessio Secunda chap. 2. A Repeal was made of the Statute of the first of Edw. 6. 2. called an Act for the Election of Bishops which is the afore-cited Statute But then it must be again considered the Statute of Repeal of 1 Mary 2. was repealed by King James see Anno 1 Jacobi Regis Chap. 25. in these very words And be it â—urther enacted by the Authority of this present parliament that an Act made in the first year of the Reign of Queen Mary Entituled An Act for the Repeal of certain Statutes made in the time of King Edward the sixth shall stand Repealed and Void So that now it is Evident that Queen Maries repealing Statute being repealed and made void by King James those Statutes of King Edward the sixth are now in full force they being left in the same Life and Strength as when they were first made unless it can be proved that a Repeal of them hath been made since the Statute of 1 Jacobi Chap. 25. And so the said Jones will return to give a further Account of his owne Case and further saith that between the time of the Admonition and the time appointed by Doctor Pinfold for him to take the Sacrament he did advise with such as were learned in the Laws of England and had a Plea in Law prepared and drawn up as an Answer to what he was charged with in the Presentment of the Church-wardens of his said Parish A Copy of which Presentment take as followeth
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
F. Church-Wardens of the said Parish-Church of St. G. without H. aforesaid before the Arch-Deacon of London or his Official for not duely Frequenting his Parish-Church for six Month last past and for not Receiving the Holy Sacrament of the Lords Supper within the said time and being duely Cited to Answer the said Presentment and thereupon judicially Admonished to receive the Holy Sacrament of the Lords Supper in his said Parish-Church and not obeying the said Monition was thereupon pronounced in Contempt and in pain of such his Contempt duely Excommunicated And whereas the said A. B. hath submitted himself to the Jurisdiction of the said Arch Deacons Court and prayed to be absolved from the said Excommunication and offered Caution to be obedient to his Majesties Ecclesiastical Laws and the Lawful Commands of his Ordinary If therefore the said A. B. shall obey His Majesties Ecclesiastical Laws and the Lawful Commands of his Ordinary Then this Obligation to be void and of none effect or else to Remain and be in full Force and Vertue Signed Sealed and Delivered in the Presence of us c. Now whether this and such like Bonds can be legally sued to recover the Penalty thereoâ— very Wise and Understanding men are of differing minds about it however several Personâ— are in the ready Way to know the certain truth hereof in a short time And besides all this there are other ways for deliverance by the Comon Statute Law before the Kings Judges according as the Case may be Allowable by Law and some are not without hopes of Relief this Way with the Expence of Money And as the said Jones is not willing to be imposed upon by others so he will not imposâ— upon others but will freely and friendly leave all his fellow Protestants to take that way and use that means for their help as is most agreeable to thier Circumstances and Satisfactory to their own minds in the keeping of a good Conscience humbly desiring it may be seriously considered That it is better to be punished in their Pursos then their Spirits and be damaged in their Coffers rather then in their Consciences and let it also be considered Whether these and other Distressing Proceedings be not some cause of stopping the Silver Streams in the Golden Street of this great and Loyal City of London And now at last the said Jones is willing to leave a few Refreshing Considerations for the Comfort of his Fellow Distressed Protestants I. Consider That His Majesty hath been Graciously pleased to Relieve his Distressed Dissenting Subjects divers times when they have been violently Prosecuted by several Laws under which they have Groaned and hath favoured them with the Exercise of Religion according to their own Conciences approving of this as the best way to quiet the minds of his Leige People and promote Trade for the good of the Kingdom as may be seen at â—arge in His Majesties Declaration Published by the advice of his Privy-Councel March 15. 167â— II. Consider That the Lords Spiritual and Lords Temporal and the Commons of England Assembled in Parliament provided a Bill to discharge the Kings Protestant Subjects from the Penalties of the 35. of Elizabeth but it unhappily missed of coming to His Majesties Royal Hand for the Royal Assent which was a bad Brown-business However both Houses of Parliament did their Part. III. Consider That the Commons of England Assembled in Parliament have shewed a willingness to free His Majesties Subjects considered as Protestant Dissenters from all the Penal Statutes in matters of Conscience IV. Consider that what hath been done by the King and Parliament distinct one from another may be done by the King in Parliament as a joint Act which doubtless would be â—â—e Joy of the whole Kingdom and then would be a full and compleat fulfilling and Performance of his Majesties Royal Promise in his Royal Declaration from Breda just before his happy Restauration in these following Words We do declare a Liberty to Tender Consciences and that no man shall be disquieted or called in question for differences of Opinion in matters of Religion which do not disturb the Peace of the kingdom and that we shall be ready to consent to such an Act of Parliament as upon mature Deâ—â—â—ration shall be offered to Vs for the full granting that Indulgence V. Consider all you that fear God that Word of God in I saiah 2. 22. Cease ye from 〈◊〉 whose breath is in his Nostrils for wherein is he to be accounted of Which sheweth man mâ—â— not be depended upon VI. Consider of and in all your distresses feed upon and refresh your Souls with the Word of God Isa 12. 5. For the Oppression of the Poor and the Sighing of the Needy now will arise saith the Lord and set him in safety from him that puffeth at him FINIS Imprimis