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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	king_n	person_n	1,863	5	5.0530	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91205	A legal resolution of two important quæres of general present concernment. Clearly demonstrating from our statute, common and canon laws, the bounden duty of ministers, & vicars of parish churches, to administer the sacraments, as well as preach to their parishioners; with the legal remedies to reclaim them from, or punish and remove them for their wilfull obstinacy in denying the sacraments to them. / By William Prynne Esq; a bencher of Lincolns Inne; to whom these quæres were newly propounded by some clients.	Prynne, William, 1600-1669.	1656 (1656)	Wing P3994; Thomason E495_1; ESTC R203242	21,355	30

that upon this Ground Our Kings heretofore being * 26 H. 8. c. 1. 37 H. 8. c. 17. 1 Eliz. c. 1. 5 Eliz. c. 1. S●iliz c. 1. Sir Io. Davis Reports f. 19. Supreme Governours in and over all Ecclesiastical and Temporal causes and persons had by the very Common Law of England a Soveraign power without any Act of Parliament by their remedial Writs upon all occasions to enjoyn all Officers Persons under them to discharge those Offices Duties ● Ethelredus Abbas de Geneologia Regum Angliae Col. 359. Isaac Ca●s●b●n in Epistola Exercitationibus praefixo Fox Acts and Monuments Vol. 1. p. 218. Io. Seldeni ad Eadmerum Notae p 161 162. Mat. Parker Antiq. Eccles Brit. in Dunstan● Spelmanni Concil p. 477. which the Laws themselves their very Offices engaged them to perform This is evident 1. From the Elegant ● Oration of King Edgar to his Prelates and Clergy Et mea quidem interest Laicos cum aequitatis Iure tractare inter virum et proximum suum justum judicium fac●re c. Sed et mea sollicitudinis est Ecclesiarum Ministris Gregibus Monachorum Choris virginum et necessaria administrare et paci eorum ac quieti consulere D● quorum omnium Moribus ad nos spectat examen si vivunt continenter si honeste se habent ad eos qui fores sunt si in Divinis Officiis solliciti in docendo populo aseidui si victu sobrii si moderati habitu si in Iudiciis sunt discreti c. Ego Constantini vos Petri gladium habetis in manibus jungamus dextras gladium gladio ●opulemus ut projiciantur extracastra leprosi c. 2ly From the Statute of Magna Charta c. 29. We shall deny nor deferre to no man justice or right to wit neither in civil nor ecclesiastical things or causes the words being general and extending equally to both as this Charter doth both to all ecclesiastical temporal persons Freemen of the Realm of England c. 1. 2. 3ly From this usual recital in our Kings writs u Register of Writs pars 2. f. 10. 15. 38. 127. 189. Fitz. Na● B●e f. 153 154 c. See the 2d Part of my Soveraigne Power of Parliaments p. 79 80. Nos qui singulis de Regno nostro in exhibitione justitiae sumus debitores Nos volentes Quibuscunque legis nostris in Curiis nostris plenam et celerem Iustitiam exhiberi Pracipimus c. Iusticiae complementum sibi fieri et nullatenus differri c. secundum legem et consuetudinem Regni nostri 4ly By the Statute of West 2. An. 13 E. 1. c. 24 25 50 which enacts That where a Writ is granted out of the Chancery for a thing done to the noysance of another the Plaintiffs from henceforth shall not depart out of the Kings Courts without remedy because in the Register of the Chancery there is no special Writ found in his Case but from henceforth where in one case a writ is granted In like case when like remedy faileth the writ shall be made as hath bin used before And from henceforth as often as it shall fortune in the Chancery that in one case a writ is found and in like Case falling under like Law and requiring like remedy there is found none the Clerks of Chane●ry shall agree in making the writ or the Plaintiffs may adjourn it till the next Parliament and by consent of men learned in the Law A new writ shall be made according to his special new case lest it should happen afterwards that the Kings Court should fail to Minister Iustice unto Complainants And lest Suiters coming to the Kings Court should depart from thence without remedy they shall bave writs provided in their cases By vertue of which Statutes the Subjects grieved have usually had not only a writ grounded thereon particularly stiled x Fitzh Br●ef 2●3 309 794 807 810 849 947. Entre 3 7 8. 61 68. Natur. Brev. f. 206 207. 38 H. 6. 3 12 30. Cook l 8. f. 49. Instit 2. f. 405 407 486. in constmili casu but many other Writs as appeareth in our Books though they bear not that name And by vertue thereof I am clear of Opinion the Parishioners may have a special writ against their Vicar in this very case to enjoyn him to administer the Sacrament of Baptism and the Lords Supper to them and their Children 5ly From the antient writ of William the Conqueror to y Cart. 2. R. 2. m. 12. n. 5. F●x Acts and Mon. l. 4. p. 154 J●h Seldeni ad Eadmerum Notae p. 16● Remigius Bishop of Lincolne and all other Bishops and Archdeacons Willielmus Dei Gratia c Propterea mando et regia auctoritate praecipio ut nullus Episcopus vel Archidiaconus de Legibus Episcopalibus amplius in Hundret placita teneant c. And from his Jurisdiction over all Ecclesiastical persons and causes thus recorded by Eadmerus Hist Novorum l. 1. p. 6. Cuncta ergo divina simul humana ejus nutum expectabant Non ergo pati volebat quinquam in omni Dominatione sua constitutum Romanae ●rbis Pontificem pro Apostolico nisi se jubente recipere aut ejus Literas si primitus sibi ostensae non fuissent ullo pact● suscipere Primatum quoque regni sui Archiepiscopum dico Cantuariensem si coacto generali Epis coporum Concilio praesideret Non si●ebat quicquam ●●atuere vel prohibere nisi quae suae volunt ati accommodata et à se primo essent ordinata Nulli nihilominus Episcoporum concessum iri permittebat at aliquem de Baronihus s●n Ministris sive incesto sive adulterio sive aliquo capitali crimine denotatum publicè uisi ejus pracepto implacitaret aut excommunicaret qut ulla Ecclestastici rigoris poena co●stringeret Therefore not to suspend or seclude them from the Sacraments much lesse those no wayes guilty of such scandalous sins or other crimes as now our Ministers do their Parishioners without any divine regal or legal Authority but their own Papal usurpation Pride or Peevishness 6ly This is most apparent by the usual known printed Writs b Fitz Nat. Bre. f. 153 154. Register of Writs De Procedendo ad Iudicium when any Judge or Court of Justice delays the Plaintiff or Defendant of his right in not giving Judgement for them when and so speedily as they might c Fit Nat. Bre. f. 2●9 Register of Writs De Libertatibus all●candis when the Justices of the King Eyre or Forrest deny or delay to grant any Burrough or Person the antient liberties they formerly enjoyed by Charter or prescription The Writ d Register of Writs Fit N. Bre. f. 234. Clause 20 E. 3 part 1. m. 18. 14. De Lepros● amovendo to the Mayor of London and other Officers to remove Leapers which infect the people and De villis venellis mundandis when they neglect to remove

the one and clense the other as they ought The several e Pat. 14 E. 1. pars 1. dors 2. Pat. 18 E. 1. m. 4. 5. dors 8 9. 44 Claus 4. E. 3. m. 2. Claus 11. E. 3. pars 2. m. 10 Claus 48. E. 3. m. 22. Claus 10. E. 3. m. 28. Writs to Sheriffs and others to repair Highways Bridges Walls Seaba●ks and the like extant in the Clause and Patent Rolls before any Statutes made for their repair The Writs f Fit Nat. Bre. f. 228 229. 163 164. De reparation ● facienda De Curia claudend Quod permittat to particular persons to repair Houses and fences when they neglect to do it and are bound thereto by Law and to enjoy their Commons rights c. with manyother Writs of this Nature to temporal Officers persons By these ensuing Writs to Ecclesiastical persons as namely the usual Writs to Bishops g Fit Nat. Bre f. 38 39. 63. 64 65. and the Register of Writs Ad admittendum Clericum De Cautione ad●i●tenda to inforce them to admit Clerks and absolve excommunicate persons upon caution tendred when they refused to doe it against Right and Law To which I shall add Claus 24. E. 1. dors 10. and 8. Claus 3● E. 1. dors 9. Claus 33. E. 1. dors 16 Claus 34. E. 1. dors 10. Claus 8. E. a. m. 25. Claus 20. E. 2. dors 16. 11. Claus 7. E. 3. pars 2. m. 4. Where several Writs are directed to the Bishops and Clergy men to make special Prayers and Supplications for the King and his Children the Nobles and State of the Realm upon several occasions in times of war and danger to make special Thanksgivings for Victories and intercessions for eminent persons Souls departed as they were then obliged to do in those times of Superstition But that which comes nearest to our case and is the same in substance Confirmation and Crisme being formerly reputed * See Lyndew ed Summa Angelica Rosella Thomas Z●r●la Praxis Episcopal 1 Tit. Crisma Confirmatio Sacramentum Sacraments amongst us in times of Popery is this memorable case recorded in Rot. Claus An. 26. E. 3. The Bishop of Exeter would have visited the Church of St. Burian in Cornwall founded by King Arthur and exempted from Episcopal jurisdiction whereupon they opposing his Visitation the Bishop interdicted the Parish and refused to give them oyl and crisme to baptize their Infants or to confirm their Children Vpon complaint whereof to the King there issued a writ out of the Chancery to the Bishop commanding him to absolve them Confirmare parvules Crisma mittere to confirm their Children and send them Crisme to baptize their Infants This Record was vouched and shewed to the Judges of the Kings Bench Mich. 17 Jacobi upon this occasion The Parishioners of a Village in Kent elected a Churchwarden according to their ancient Custom but the Bishops Official refused to admit him whereupon the Parishioners by Mr. Noy their Counsell moved in the Kings Bench for a Writ and Mandamus to the Official to admit the Church-warden or if he did not to shew good cause to the Court why he refused to do it which the Court upon view of this president granted them and upon it the Church-warden was admited to his Office If then our Kings and their Courts of Chancery and Kings Bench might enjoyn this Bishop and this Official by special Writs and Mandates to absolve these interdicted Parishoners confirm their Children and send them Crisme to baptise their Infants and to admit the Churchwarden the others had chosen according to their duties by the Statutes of 13 E. 1. c. 24 25 50. forecited or by their own inherent jurisdiction without any special Act of Parliament being things to which they were obliged by our Laws their very offices duties to perform Then by the self same Law and reason may our Kings and Courts of Iustice upon all occasions by virtue of these Statutes whereon these writs were principally grounded issue forth the like writs and mandates to all Ministers and Vicars who refuse personally to baptize or deliver the Lords Supper to their Parishioners at due and accustomed seasons or to admit them freely to those Sacraments according to their bounden duties to which their very Office with the Lawes of God and the Realm oblige them unlesse they can shew a legal cause to the contrary as none of them can do and in case they refuse to do it they may thereupon be attached fined imprisoned till they doe conform and assent to do it as well as in the Case of a * 37 H 6. 14 Broke Quid Juris clamat 18. Imprisonment 26. 3 E. 3. Per quae servitia Fitzh 17. Ash At tornment 9. 12. Quid Juris clamat or Per quae servicia by which any tenant where he is bound and adjudged by Law to attorn refuseth to do it shall be imprisoned till he actually attorn in proper person not by Deputy which the Law will not admit it being a personal duty not performable by any other I shall conclude this with that memorable Record of Pat. 8. E. 1. m. 27. where the King by his writs commanded all his Sheriffs Bayliffs and Lieges effectually to summon admonish and induce all the Jews within their Bayliwicks diligently to meet together to hear Gods word preached to them by the Friers Predicants without tumult contention or blasphemy and not to hinder any Jews from Conversion whose hearts God should please to convert As you may read at large in the Second Part of my Short Demurrer to the Iews long discontinued Remitter into England p. 87 88. And if our Kings by their Writs might lay such Injunctions on the Vnbelieving English Iews much more may they enjoyn all English Ministers to administer the Sacraments to their people and they for to frequent and receive them especially when so long discontinued neglected slighted denyed to Gods dishonour Religions scandal our Churches infamy good Christians greatest grief the grand increase of Impiety Prophanesse Scisme and decrease of Christian Amity Unity Zeal that cordial Brotherly love and sweet Communion which was between Ministers their people between privat Christians hertofore when Sacraments were more frequent Finally If any Parson or Vicar for 2. years space refuse and cease to administer the Sacraments to his Parishioners as many of late times have done I conceive a Writ of Cessavit will lie against him by the Patron upon the Stat. of West 2. 13. E. 1. c. 41. as Fitzh Natura Brev. f. 209. L. 5. E. 3. 25. b. Register f. 238. Fit Cessavit 12. 18 24. 12. H. 4. 24. 45 E. 3. 10. Ploud fo 58. Cook 4. Rep. f. 118. 11 Rep. f. 63. 2. Instit f. 460. more then intimate if not ful●y resolve These Legal remedies if pursued in a just Christian way may through Gods blessing reduce many refractory Parochial Ministers and Vicars to the due

24 25 26. Giving receiving being ●olata all those Texts Laws that prove it the peoples duty to receive the Sacraments ●●o Nomine oblige the Minister to admit and deliver to them Posi●●o relatoru● po●i●●● alterum M● ●o● H●●●●ey A Second V●●cation of Fr● admission to the Lords Super p. 1●5 c. thrice every year in person as well as to preach Catechise and read Divine Service to them Memorable is that Passage in that Pathetical exhortation prescribed by the Church of England in the Book of Common Prayer to be used by all Ministers when they shall see the people negligent to come to the holy Communion viz. When God calleth you be you not ashamed to say ● will not come c. I for my part am here present and according to mine office I bid you in the name of God I call you in Christs behalf I exhort you as you love your own Salvation that ye will be partakers of this holy Communion c. And whereas you offend God so sore in refusing this holy banquet I admonish exhort and beseech you that unto this unkindnesse you will not adde any more which thing ye shall doe if ye stand by as Gazers and Lookers on them that do communicate and be not partakers of the same your self c. How many Ministers now a days preach direct dehortations from the Sacrament pointblanke against this Exhortation and their duties prescribed by God himself and no lesse than 6 Acts of Parliament which thus back the premises The Statute of 1 E. 6. c. 1. in the very beginning of Reformation and yet in force enacts That the blessed Sacrament be hereafter commonly delivered and ministred unto the people within the Church of England and Ireland other the Kings Dominions under both the kinds of bread and wine That the people present shall receive the same with the Priest which shall administer th● same who shall at least one day before exhort all persons which shall be present likewise to resort and prepare themselves to receive the same and when the day prefixed commeth after a godly exhortation by the Minister made the said Minister shall not without a lawfull cause deny the same to any person that will deboutly and humbly desire it any Law Statute Ordinance or custom to the contrary hereunto in any wise notwithanding The Statutes of 2 and 3 Ed. 6. c. 1. 5. and 6. E. 6. c. 1. and 1 Fliz. c. 2. enact and ordain That all and singular Ministers in any Cathedral or Parish-Church shall be bound to say and use the celebration of the Lords Supper and administration of the Sacraments of Baptisme and of the Lords Supper in such Order and form as is mentioned in the Book of Common Nota. Prayer And if any manner of Person Vicar or other whatsoever Minister that ought to minster the Sacraments shall refuse to minister the Sacraments in such Cathedral or Parish-Church or other places as he should use to minister the same in such Order and form as they be mentioned and set forth in the said Book or shall wilfully and obstinately standing in the same use any other Rite Ceremony order form or manner of administration of the Sacraments then is mentioned and s●t forth in the same Book That upon his lawfull conviction thereof by verdict of 12 men or by his own confession or by notorious evidence of the fact he shall lose and forfeit to the King his Heirs and Successors for his first offence one whole years profit of his benefice or Spiritual promotion and also suffer imprisonment for 6 months without Bayle or Mainprise and for his second Offence be ipso facto deprived of all his spiritual promotions and likewise suffer one whole years imprisonment and for his third offence suffer imprisonment during life The Statute of 13 Eliz. c. 12. enacts That none shall be made Minister or admitted to preach or minister the Sacraments being under the age of 24 years That every person admitted to any benefice with Cure shall publikely read the Articles of Religion in the same Church whereof he shall have the cure in the time of the Common Prayer there with Declaration of his unfeigned assent thereto and be admitted to minister the Sacraments within one year after his Induction or else upon every such default he shall be ipso facto immediately deprived and thereupon the Patron present a New Incumbent By all which Acts it is clearly resolved that every Parson Viccar Minister of a Porochial Church is admitted thereunto as well to administer the Sacraments as to preach and peremptorily obliged frequently constantly to do it in person as a principal duty of his Function and Pastoral cure under pain of forfeiting of the profits of his Benefice Imprisonment and Deprivation for his contempt and neglect thereof by these expresse Statutes of our Protestant Parliaments as well as by our Canons Convocations Divines and the whole Church of England If any object that these Statutes are now abrogated Object 1. repealed by the Ordinances of both Houses prescribing the use of the Directory in place of the Book of Common Prayer and administration of the Sacraments Therrfore Ministers are not now obliged by them to administer the Sacraments to their Parishioners To this I answer 1. That no Ordinance of Parliament Object whatsoever especially to repeal or alter former Acts of Parliament can be made without the threefold consent of King Lords and Commons in Parliament an Act and Ordinance of Parliament being all one and requiring the self-same treble consent in Law as I have irrefragably proved at large in my Irenarches Redivivus printed An. 1648. against Sir Edward Cooks mistake and others in this point which threefold assent the objected Ordinances wanting are meer Nullities in Law and can no ways repeal these forecited Statutes remaining still in their Legal power 2ly Admit these Statutes repealed or suspended by these Ordinances which I deny in point of Law yet these very objected Ordinances and the Directory it self positively enjoyn all Ministers and Vicars duly to administer the Sacraments of the Lords Supper and Baptisme to all their Parishioners duly prepared and qualified according to these Ordinances as well as these Statutes and the Books of Common Prayer Therefore if these Ordinances or the Directory be still in force they are bound by them to administer the Sacraments to their Parishioners But if they be grown out of date and absolete as the Objectors and those of the Congregational way beleeve who will not submit unto them then the Statutes pretended to be repealed by them are again revived by their expiration and so oblige them as firmly now as heretofore 3ly The administration of the Sacraments being an * S●e Fox Acts and M●●uments vol. 2. p. 87 388 392 ●9● essential inseparable part of every Ministers duty who hath a parochial cure or charge of Souls both by the Law of God and constitutions of our own and