Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	ecclesiastical_a	king_n	2,836	5	4.0953	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56177	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 P3995; ESTC R219602	25,257	35

his Prelates and Clergy Et mea quidem interest Laicos cum aequitatis Jure tractare inter virum proximum suum justum judicium facere c. Sed meae sollicitudinis est Ecclesiarum Ministris Gregibus Monachorum Choris virginum necessaria administrare paci corum ac quieti consulere De quorum omnium Moribus ad nos spectat examen si vivunt continenter si honeste so habent ad eos qui foris sunt si in Divinis Officiis solliciti ●● in docendo populo as●●dui si victu sobrii si moderati habitu s in Iudiciis sunt discreti c. Ego Constantini vos Petri gladium habetis in manibus jungamus dextras gladium gladio copulemus ut projiciantur extra crastra leprosi c. 2. From the Statute of Magna Charta c. 22. We shall deny nor defer 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 and temporal persons Freemen of the Realm of England c. 1 2. 3. From this usual recital in our Kings Writs u Nos qui singulis de Regno nostro in exhibitione justitiae sumus debitores Nos volentes quibuscunque legis nostris in Curits nostris plenam celerem Iustitiam exhiberi Precipimus c. Justiciae complementum sibi fieri nullatenus differri c. secundum legem consuetudinem Regni nostri 4. 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 VVrit is granted In like case when like remedy faileth the Writ shall be made as hath been used before and from henceforth as often as it shall fortune in the Chancery that in one case a VVrit is found and in like case falling under like Law and requiring like remedy there is found none the Clerks of Chancery 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 have Writs provided in their Cases By vertue of which Statutes the Subjects grieved have usually had not only a VVrit grounded thereon particulatly stiled x in consimili casu but many other writs as appeareth in our Books though they bear not that name And by vertue thereof I am cleer 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 to admit them thereunto as well as a VVrit De Clerico admittendo to the Bishop and De Attornato recipiendo to the Sheriff upon the Statute of Merton c. 10. when they refuse to admit them contrary to our Laws 5. From the ancient VVrit of William the Conqueror to y Remigius Bishop of Lincolu and all other Bishops and Archdeacons Willielmus Dei Gratia c. Propterea mando 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 ejue nutum expectabant Non ergo pati volebat quenquam in omni Dominati●ne sua constitutum Romanae Urbis Pontificem pro Apostolico nisi se jubente recipere aut ejus literas si primitu● sibi oftensae non fuissent ullo pacto suscipere Primatum quoque regni sui Archiepiscopum dico Centuariensem si coacto generali Episcoporum Concilio praesideret Non sinebat quicquam statuere vel prohibere nisi quae suae voluntati accommodata à se primo essent ordinata Nulli nihilominus Episcoporum concessum iri permittebat ut aliquem de Baronibus suis seu Ministris sive incesto sive adulterio sive aliquo capitali crimine denotatum publicè nisi ejus praecepto implacitaret aut excommunicaret aut ulla Ecclesiastici rigoris poena constringeret Therefore much less would he permit any Bishop or Minister under him to suspend or seclude them from the Sacraments especially 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 6. This is most apparent by the usual known printed Writs of our Kings to relieve their grieved Subjects both in Civil and Ecclesiastical Courts and things as namely the VVrits b De Procedendo ad Judicium when any Judge or Court of Justice delayes the Plaintiff or Defendant of his right in not giving Judgement for them when and so speedily as they might c De Libertatibus allocandis when the Justices of the King Eyre or Forest deny or delay to grant any Burrough or Person the ancient Liberties they formerly enjoyed by Charter or prescription The VVrit d De Leproso amovendo to the Major of London and other Officers to remove Lepers which infect the people and De villi● venellis mundandis when they neglect to remove the one cleanse the other as they ought The several e Writs to Sheriffs and others to repair Highways Bridges Walls Sea-banks and the like extant in the Clause and Patent Rolls before any Statutes made for their repair The Writs f De reparatione facienda de Curia claudenda 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. The VVrits De Attornato recipiendo De moderata misericordia De secta ad molendinum curiam De ne injusta vexos De non ponendo in assisis juratis Quod Clerico non eligantur in Officium Ballivi c. De corrodio habendo Quo Jure Vilaica removenda VVith many other VVrits of this nature to temporal Officers persons by these ensuing VVrits to Ecclesiastical persons as namely the usual Writs to Bishops g Ad admittendum Clericum de cautione admittenda to enforce them to admit Clerks and absolve excommunicate persons upon caution tendered when they refused to do it against right and Law

To which I shall add Claus. 24. E. 1. dors 10. 8. Claus. 32. E. 1. dors 9. Claus. 33. E. 1. dors 16. Claus. 34 E. 1. dors 10. Claus. 8. E. 2. m. 25. Claus. 20. E. 2. dors 10 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 Cart. 16. Joan. dors 10. A VVrit to the Chapter of York not to elect S. de C. for their Archbishop quia esset contra honorem nostrum oommodum Regni nostri Pat. 18. H. 3. m. 17. Claus. 26. H. 3. m. 12. Pat. 29. H. 3. dors 5. Pat. 9. E. 1. m. 2. Pat. 25. E. 1. pars 1. m. 9 10. Pat. 8. Joan. m. 1. where King John Henry 3 and Eward 1. by their special Writs prohibited the Archbishops Bishops and Clergy in their Counsels and Synods to do act enact or assent to any thing concerning their Crowns Person State Counsel or against their royal Crown Dignity or the Rights of the Realm of England and to revoke suspend the Counsels and Convocations summoned by the Archbishop under pain of forseiting all their goods and seisure of their Baronies Claus. 41. H. 3. pars 1. dors 5. A VVrit to Walter Bishop of Duresm reciting That none ought to judge the Laws of the Realm but the King and his Nobles and Judges that if he presuming on his Royal Liberties did otherwise ipsas Libertates regales ad nos per vestrum abusum censemus devolvendas Claus. 16. E. 1. dors 2. A VVrit to the Bishop of London injoyning him no longer to permit any persons to come and worship quandam Tabulam having divers pictures in it and the Earl of Lancansters amongstothers which they worshipped and adored tanquam rem sine sanctum absque authoritate Ecclesiae Romanae with sundry such-like Writs to Bishops and Clergy-men in our Records the grounds whereof extend to our present case And Claus. 4. H. 3. m. 10. A VVrit of prohibition to the Archbishop of York not to excommunicate some who hurt and molested the Cruce-signati because the Cruce-signati had no title to the Lands But that which comes neerest to our case and is the same in substance Confirmation and Chrism being formerly reputed * Sacraments amongst us in time 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 Cornwal 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 chrism to baptize their Infants or to confirm their children upon complaint whereof to the King there issued a Writ out of the Chancery to the Bishop commanding him to absolve them confirmare parvulos chrisma mittere to confirm their Children send them Chrism to baptize their Infants This Record was vouched and shewed to the Judges of the King Bench Mich. 17 Jacobi upon this occasion The Parishioners of a Village in Kent elected a Church-warden according to their ancient custom but the Bishops Official refused to admit him whereupon the Parishioners by M. Noy their Counsel moved in the Kings Bench for a Writ and Mandamus to the Official to admit the Churchwarden 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 Churchwarden was admitted 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 Parishioners confirm their Children send them Chrism 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 Justice upon all occasions by vertue 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 accustomed seasons or to admit them freely to those Sacraments according to their bounden duties to which their very Office with the Laws of God the Realm oblige them unless 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 do conform and assent to do it as well as in the Case of a * Quid Juris clamat or Per qua 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 Pa● 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 God's 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 2 Part of my short Domurrer to the Jews long discontinued Remitter into England p. 87 88. And if our Kings by their Writs might lay such Injunctions on the unbelieving English Jews much more may they enjoyn all English Ministers to administer the Sacraments to their people and not to hinder any of them from this * means of their spiritual conversion as well as confirmation and likewise command the people diligently to frequent and receive them especially when so long discontinued neglected slighted denied to Gods dishonor Religions scandal our Chuches insamy good Christians greatest grief the grand encrease of impiety prophaness schism and decrease of Christian amity unity zeal that cordial brotherly love and sweet communion which was between Ministers and their people and between private Christians heretofore when Sacraments were more frequent Finally If any Parson or Vicar for 2 yeers space refuse and cease to administer the Sacrament to his Parishioners as many of late times have done I conceive a Writ of Cessavit will lie against him by the Patron