But a difficulty arose. A Congregational pastor, holding an incumbency, might be regarded by some of his parishioners, who did not adopt his views, as bound to administer the sacraments to them, as well as to the members of the select community which he had chosen to organize. If he refused to do what they demanded, they would be likely to assert what they considered to be their legal rights. A case of this very kind was submitted to Justice Wyndham whilst he was conducting the Derby assizes, in the year 1658. Certain inhabitants in the parish of Aston-upon-Trent complained that their minister, Thomas Palmer,[205] would not administer the Holy Sacrament. He at once admitted the fact, and then there ensued a conversation between the Judge and the accused, which the latter has happened to leave upon record. And it is easy to give some colouring and life to the whole of this singular transaction--which the disinterment of an old paper has brought to our knowledge--if we exercise our imagination a little so as to paint his lordship in scarlet and ermine, occupying an ancient kind of judicial chair, ornamented with the arms of the Commonwealth--and a number of counsellors, in full costume, arranged before him--the jury sitting in their box--with a large attendance of people, in cloth cloaks, or leather jerkins, crowding the space available for spectators, when the following colloquy took place:-- _Judge._ "But do you not know that you are bound by the law to administer the sacraments to your parishioners?" _Palmer._ "No, my Lord. I know no such law in force compelling me to administer the holy sacraments to my parishioners; neither are ministers now enjoined any such thing when inducted into any living. Yet, I humbly suppose if any such law were still unrepealed, it ought to be repealed, when so much against the law of Jesus Christ." _Judge._ "Oh, you will teach Parliaments, &c. But if you do not know there is such a law in force you shall know it. Clerk, read the statute of the 1st of Edward VI., &c. What say you to this?" _Palmer._ "My Lord, I will not dispute the law read, but humbly pray your Lordship to inform me whether ignorant, profane, and scandalous persons be included in the statute?" _Judge._ "No." _Palmer._ "Then I may deny to administer to such." _Judge._ "What have you to do to exercise an arbitrary power over other men's consciences? Let a man examine himself, &c." _Palmer._ "No, my Lord, I have no such sole power in me as a minister, but I conceive it is in the Church, and that is the reason I have not administered these holy ordinances, as not having visible godly people to join with me in approving who are fit and who are not fit." _Judge._ "But why did you not give the people liberty to get another to administer the sacrament to them, and when you promised it?"