c. 2. and upon the second conviction he is Ipso Facto deprived of all his spiritual Promotions and his Vicaredge and the Patron may present another 2. They may all after such refusal joyntly detain their Tythes and Duties demanded by him as their Vicar because by his own confession he was never legally instituted to discharge all the Duties of an Incumbent according to 13 Eliz. c. 12. and disclaims to own them as his proper Flock and Cure owning onely his Segregated Congregation for such in opposition and contradistinction to his Parish which they may plead in Bar of any Legal Action to recover his Dues this p disclaiming of them being a kinde of resignation of his Vicaredge and bar unto his Dues quia Beneficium propter Officium and if he be not their true real Parochial Vicar and do not his duty to them he hath no right to their Parochial dues nor yet unto the Glebe If he will muzzle their mouths * not tread out the corn to them at the Lord's Table they may also muzzle his mouth that he shall not eat of their Corn at his own or their Tables by way of retaliation Our * Law-Books resolve That if an Annuity be granted to a Lawyer Attorny or Physitian pro Consilio suo impenso impendendo if they stop or refuse to give the Grantors their Counsel when required or if A. grants an Annuity to B. for the use of a way and B. stops the way that hereupon the Grantors may justly stop and detain the Annuities being forfeited by their stoppage and refusal of their Counsel Advice or way granted and may plead the same in Bar of any Action at Law for these Annuities much more then may the Parishioners do it when their Vicar or Incumbent not only peremptorily refuseth to give them the Sacraments but disclaims to be their Vicar or Pastor in a Parochial and Legal way If they will reap all their temporal things and duties it is just they should sow and administer to them all their spiritual things and Nutriments if the Parishioners must not muzzle their mouths much less must they muzzle their Parishioners by keeping them back from the Lord's Table 1 Cor. 9. 10 11. Rom. 15. 17. 3. Every particular Parishioner grieved may by the Statutes of 13 E. 1. c. 24 25 50. have a special Action upon the Case against him at the common Law as I conceive since he can now have no remedy in any spiritual Courts as formerly being all suppressed by the self-same Reason as Executors and Legatees now sue at the common Law and in Chancery for such things such Legacies and Ministers for such Tythes and Duties as formerly they had no suit nor remedy for but in Ecclesiastical Courts alone else there should be a great failer of Justice and because no Ecclesiastical q Jurisdiction is now either wronged by nor can be claimed pleaded against such Actions there being none to take present conusans of them Or at least they way have a * special Action against him upon the Statutes of 1 Ed. 6. c. 1. 1 Eliz. c. 2. as well as upon the Statutes of Magna Charta c. 20. of Merton c. 10. and other Acts 4. I conceive the Patron himself from the forecited Reasons of Littleton's Cases of Frankalmoigne Sect. 136 137. and of Conditions in Law Sect. 378 379. upon the Vicars refusal to own the Parishioners and administer the Sacraments to them as his Flock for which end the Glebe and Duties thereunto belonging were first given by the Patron and his Tenants to the Vicar and his Successors as well as to preach may justly enter upon him for breach of this Condition in Law out him of the Glebe and Vicaredge and bestow them on some other by his immediate deed of Collation and Livery of Seisin without any Presentation as * free Chappels used to be and are still collated and that upon this Legal Ground r because Patrons originally had the sole right of collating inducting instituting Clerks and Incumbents to their Churches without the Bishops special license as they conferred other Freeholds to their Tenants by their own immediate grants and liveries till Bishops and Ordinaries by sundry Canons extorted by degrees this Jurisdiction from them ingrossing the power of approving admitting instituting and inducting Clerks into Parochial Churches by degrees into their own hands Which Bishops with their Canons Ordinances being now suspended or abrogated in England and their ancient Jurisdiction by no express Act of any real Parliament legally transferred to any other Ecclesiastical or Civil Jurisdiction thereupon the Patron 's original right of collating Benefices by immediate grant and livery and outing the Incumbent thereof as Patron s and Visitor of the Church for not administring the Sacrament and discharging his pastoral Office is * revived resetled in him by Law So as he may now justly enter put out or deprive the Vicar as the Bishop and Ecclesiastical Courts might formerly have done there being no other Legal Ecclesiastical Powers here extant to depose him which the Marginal Law-Books with other Authorities will cleer compared with 21 E. 3. 46. 13 E. 4. 8 9. Br. Extinguishment and Reviver 16. 46. Cooks 1 Instit. f. 319 338. 24. E. 3. 72. Bro. Escheat 9 19 and 13 E. 1. c. 25 50. 5. I conceive a special Writ may be framed and directed to the Vicar commanding him to administer the Sacraments to his Parishioners according to his Pastoral duty and the Laws and Customes of England and if then he refuse to do it thereupon he may be fined attached ejected for this contempt and that upon this Ground Our King heretofore being * 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 Prelates Priests Ministers persons under them to discharge those Offices Duties which the Laws themselves and their Offices engaged them to perform This is evident not only from the examples of Solomon Jehosaphat Hezekiah Josiah Ezra and other godly Kings and Governours in Scripture who appointed the Courses of the Priests and Levites to be in the Temple commanded them to wait upon and execute their Offices in every particular according to their charges to offer Sacrifices praise and minister before the Lord as the duty of every day required to kill and prepare the Passeover for the people but likewise by special Proclamations Edicts commanded both Levites Priests people to keep celebrate and eat the Passeover a Type of the Lords Supper which succeeds it when they had neglected it sundry years 1 Chron. 24. 2. Chron. 8. 14 15. c. 13. 10 12 18. c. 29. 16 to 35. 30. 3 16 24. c. 35. 2 to 18. Ezek. 6. 18 to 22. But also 1. From the Elegant t Oration of King Edgar to
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 Paâ— 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
holy banquet I admonish exhort and beseech you that unto this unkindnesse you will not adde any more which thing ye shall do if ye stand by as Gazers and Lookers on them that do communicate and be not partakeâ—s of the same your self c. How many Ministers now a days preach direct dehortations from the Sacrament pointblank against this Exhortation and their tâ—â—s prescribed by God and Christ himself 1 Cor. 11. 24 25. This do as oft as ye do eat and drink â—t â—n remembrance of me and no lesse than 5 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 the samâ— 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 devoutly and humbly desire it any Law Statute Ordinance or custom to the contrary hereunto in any wise notwithstâ—nding The Statutes of 2 and 3 Ed. 6. c. 1. 5. and 6 E. 6. c. 1. and 1 Eliz. 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 Sacrament of Baptism and of the Lords Supper in such Order and form as is mentioned in the Book of Common Prayer And if any manner of Parson Vicar or other whatsoever Minister that ought to miâ—ister 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 than is mentioned and set 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 Bayl or Mainâ—rise 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 publickly 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 there upon the Patron preseâ—t a New Incumbent By all which * Acts it is clearly resolved that every Parson Viccar Minister of a Parochial 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 repealed by the Ordinance of both Houses prescribing the use of the Directory in place of the Book of Common Prayer and administration of the Sacraments Therfore Ministers are not now obliged by them to administer the Sacraments to their Parishioners To this I answer 1. That no Ordinance of Parliament whatsoever especially to repeal and alter former Acts of Parliament can be made without the three fold consent of King Lords and Commons in Parliament an Act and Ordinance of Parliament being allâ—ne and requiring the self same treble consent in Law as I have irrefragably proved at large in my Iâ—enarches Redivivus printed Anno 1648. against Sir Edward Cooks and other mistakes in this point which threefold assent the objected Ordinances wanting are meer Nullities in Law and can no waies 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 Baptism 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 believe 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 3. The Administration of the Sacrament being an * 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 all other Christian Churches as I have proved admit these Statutes all repealed yet they are still obliged by their very Office and Pastoral Function to administer the Sacraments to their Parishioners and therefore liable to Divine and humane punishments for contempt or neglect thereof If any object in the second place That they are now admitted to Parochial cures only to preach the Gospel in their Parish Churches but not to administer the Sacraments to their Parishioners as formerly I answer 1. That if there be any such new forms of admissions and institutions used they are meerly void in Law by the expresse resolution of the Statute of 13. Eliz. c. 12. and the other forcited Acts And Ministers thus admitted are but only bare Lecturers not Parsons Vicars or Incumbents by our Laws so the Church still void notwithstanding such admissions which are only to one part of their ministerial Function not to all their spiritual cure 2ly Such admissions to cures are strange
monstrous Impostures Hypocritical Delusions yea grosse Absurdities execrable to God and all honest Christian men enabling Ministers to receive the whole Tithes Dues of their Parishioners yet exempting them from the moity at least of their Pastoral Duties to which the Laws of God and the Land oblige them We lately decryed it as an impious Solecism excuse in our old lazy non-preaching Parsons and Vicars that they alleged they were instituted only to read common Pâ—ayers Homilies and administer the Sacraments but not to preach to their Parishioners In the Bishop of * Dunkelden and other Lordly Prelats that they were ordained Bishops only to govern the Church confirm and ordain Ministers but not to preach or administer the Sacraments And shall we now after all our late pretences of Reforming their abuses and declamations against their Idlenesse admit our New Parochial Incumbents to plead they are only half-Ministers bound solely to preach but not to Baptise administer the Lords Supper Catechise visit the sick Marry Bury as all their Predecessors did If any Gentlemans hired Shepherd should neglect to fold his Sheep or look them out when stray'd and then plead he was only bound by his office to feed keep them in their pasture Or if his hired Cook should tell him that as his Cook he is bound only to boyl but not to rost his meat or bake his Venison or should his Laundress affirm she was hired only to mâ—ke his Bed and sweep his Chamber but not to wash his Linnen or starch his bands or cuffs Or his Groom maintain he was by his place obliged only to dress his horses give them hay but not to water or carry them their provender would not all deride these their absurd irrational allegations and their Master cudgell them to the performance of all the parts of their respective duties or else turn them presently out of Service And will God or men then indure that their Ministers of the Gospel especially when pretending extraordinary eminency Diligence and Saintship above other of their Brethren should thus juggle with them to their faces as openly to affirm they took the â—ole cure of their souls only to reap all their Dues Tithes and to feed them with Gods word in the Pulpit of which the * unconverted unbaptized heathens are capable as well as Christians but not with Christs Sacramental body or bloud at the Lords Table whereto professed Christians only have a right 1 Cor. 10. 16. to 20. c. 11. 22. to the end To instruct their aged but not baptize their Infant or catechize their younger Parishioners Yea that they took upon them their Pastoral Cure only to shear their fleeces but not to own them as any part of their Church or â—lock or discharge the duty of a Pastor towards them unlesse they will unmodel themselves from a Parochial Church into a private Congregational conventicle Those who have hearts of * Adamant or faces of Brasse Publikely to make such an untheological irrational illegal unministerial Plea as this so diametrically contrary to the very essence of their Pastoral Function duty and to their painfull Predecessors practices in all ages Churches to our blessed * Saviours own prastice precepts and his description of a true and good Shepard John 10 yea to the definition of a true * visible Church wherein the word of God is truly preeched and the Sacraments duly administred may justly fear they are no true Shepards but rather theeves robbers hirelings because they withhold from their flocks the Sacrament of their Spiritual Regeneration yea the Body Bloud Cup of our Lord Jesus Christ the g chief Shepard of the Sheep who bequeathed it to them as their chiefest Legacy at his death though themselves stile and confesse them to be the very * seals of the Covenant of Grace which they hold forth unto them only as a Blank without a Seal refusing to set these Seals unto it when importuned by their people upon any terms but conformity to their own new Church-wayes thereby making the very * Sacrament of Christian love and union a meer Seminary of Schism contention division separation And because they entred not by the door into the Sheepfold that is by any legal form of admission to their whole pastoral cure but climbed up some other new way only to preach unto their people rather as to a company of unconverted Heathens than a Christian Church till new minted into a segregated Congregation collected out of sundry Parishes though never so remote but not to give the Sacraments to them upon any terms h which they ought to do yet not to leave their preaching undone which though it be the first and chiefest part of their Ministry yet it is not the quarter part of their Pastoral function as Scriptures and our Laws resolve If A. object that he hires another to baptize and give the Lords Supper sometimes to his Parishioners though he do it not himself his judgement and conscience being to the contrary I Answer 1. This is a clear confession that it is a part of his own duty else why should he hire another to discharge it in his stead 2. This proves the former Objection that he was admitted only to preach a meer fiction 3. If he refuse to do it himself out of conscience as a thing utterly unlawfull in his Iudgement for him to administer unto his Parishioners whilest in a Parochial way with what conscience can he hire another to do that in his behalf and right which himself holds sinfull unlawfull for himself to do Doubtlesse a sincere purely tender conscience will never hire or authorize any other to discharge that office for him which himself holds utterly unlawfull unevangelicall nor dare accept or retain a Parochial Cure upon any terms to gain the fleece so long as he disclaims the constitution as Antichristian and the flock as none of his Pasture sheep 4ly Such a poor tender conscience would rather resign its Parochial charge to avoid all appearance of evill of scandal and still the checks arising in it that grieve the Spirits wound the consciences or disquiet the Peace of the generality of his Parishioners by the personal neglect of his duty in not communicating with them at the Font and Lords Table as his real flock or as one speritual bread and body with them as he ought to do 1. Cor. 10. 16 17. and that only upon this ground because they will not conform to the new Independent Guarb against our Lawes for which they can produce no text no colour of Authority from scripture Antiquity or reason to warrant the seclusion of any from the Sacraments that are under their Parochial cure 5ly The discharge of this part of his duty by such a person or in such a manner as gives no satisfaction to our Lawes nor his parishioners is no Satisfactory plea before Gods or mans tribunal since he can no more conscientiously
or duly administer the Sacraments than the Parishioners receive them only by a substitute Yea if it were no good excuse for our Pluralists or Non-resident Prelatical Clergy-men heretofore that they preached and discharged their ministerial function by their Curates their office being i personal and untransferrable to another then by the selfsame reason it can be no plea in Law or Conscience for this Vicar that be administers the Sacraments to them only by another Vicar especially when he doth it to his separate Congregation by himself alone and never by a Proxy 6ly It it a strange plea to plead conscience against doing that expresse duty which his very place and calling oblige him both in * conscience and Justice to perform Such is the free admission of his Parishioners to the Lords Supper Which Christ himself his Apostles Christian Ministers in all ages till this present made conscience duly and diligently to administer to the People exhorting them frequently to receive the same I suppose Mr. John Humfrey his Treatises of free admission unto the Lords Supper his Rejoinder to Dr. Drake and John Timson his Bar removed will rectifie his conscience and remove this bar if perused by him To your 2 Quaere I answer 1. It is a principle in divine Civil Canon and Common Law in the Gospel too Beneficium propter officium that every Minister or person who enters into reaps the benefit of any Office or Function ouhght coscentiously to perform all the duties of his Ministry and Function and addict himself fully and personally to discharge them as Luk. 12. 42 43. Rom. 12. 7. 1 Cor. 4. 1 2. 2 Cor. 4. 1 2. 6. 3 11 12. 1 Cor. 9. 7 to 13. Eph. 4. 12 13. Col. 4. 17. 1 Tim. 4. 15. c. 3. 1 2 3. 2 Tim. 4. 1 2 5. Tit. 1. 7. 2 Pet. 1. 12 13. compared with Luk. 10. 7. 1 Tim. 5. 17 18. Rom. 15. 27. Gal. 6. 6. 2 Thes. 3. 10. resolve 2ly That it is a Maxime in Law k That the grant of every Office to any person for life or in fee hath this tacit condition annexed to it by the very Law it self without any special words or condition of the Grantor That the Grantee shall well and truly perform his Office execute that which to such Office belongeth to be done and attend upon it or otherwise that he shall forfeit the same and that it shall be lawful for the Grantor or his Heirs to out him of his Office and grant it to another who will more faithfully discharge it Littleton puts the case of a Parker Steward Constable Bedelary Baylywick and he adds other Offices c. which extend to Ecclesiastical as well as temporal Offices I shall illustrate it by some few unprinted Records Claus. 6. E. 1. m. 1. Earl Waren Camerarius Scaccarii which Office he had leave to execute by Deputy forfeited his Office by the default and negligence of his Deputy Claus. 17. E. 2. Dors. 31. The Marshal's Office of England was seised as forfeited by the Judges of the King's Bench because he had not one to attend there for him after which he was fined at 200 l. and upon promise of better attendance restored Clause 33. E. 3. m. 33. The King sends a Writ to the High-Sheriff of Cambridge De subvicecomite amovendo aliena substituendo because he misdemeaned himself in his Office was a person of ill fame a cozener one that had two names Claus. 4. E. 1. m. 5. Claus. 15. E. 1. m. 4 8 9. Claus. 16. E. 1. m. 2. Claus. 17. E. 1. m. 2 3. Claus. 25. E. 1. Dors. 13. Claus. 31. E. 1. m. 1. I finde l several Writs to remove Coroners from their Offices and to elect new in their places because they could not or did not attend upon their Offices or were sick deaf or unable to discharge them though elected onely by the County in their Couny-Court And if temporal Offices have such a Condition in Law annexed to them and are forfeited by the non-performance of them and all the duties belonging to them much more then spiritual which concern Mens Souls 3. Every person who sustains any considerable prejudice or damage by the wilful negligence non-performance or mis-performance of any m Sheriffs Bayliffs Escheators Guardian Attorny Viteler Hostler Smith Physitian Chirurgion Carpenter Mason or other Officer or person intrusted by or set over him may have a legal Action or remedy against them at the common Law by an Action of the case or otherwise wherein he shall recover damages Which Law holds in Spiritual and Ecclesiastical Offices Littleton is express Sect. 136 137. That if a man give Lands in Frankalmoigne to an Abbot Prior or any other Man of Religion or holy Church or to a Parson of a Church and his Successors to have onely divine and spiritual Services done for him if they afterwards will not do or fail to do such divine Services if the Services be not put in certainty the Lord may complain thereof to their Lord or Visitor praying him that he will lay some punishment or correction for this and also provide that such negligence be no more done and the Ordinary or Visitor of right are to do this But if the divine Service be in certain to be done as to sing a Mass Placebo or Dirge c. on some set-day of the week or year the Lord if such divine Service be not done may enter and distrain them to do it or else detain the Lands as forfeited and n escheated to him by the non-performance of the divine Service These Generals premised I conceive the grieved Parishioners may relieve themselves and either reclaim or remove their Vicar if obstinate by these Legal Proceedings at the Common Law which must be as just and equal to right the Parishioners against their Vicar for detaining their spiritual Food and Duties from them as to help the Vicar to recover his Tythes and Duties from them when injuriously detained else it should be either very partial or defective there being now no Ecclesiastical Court Jurisdiction or Commission extant wherein or whereby to right them 1. They may once more in a Christian friendly manner for I would have no violent courses used if Christian Intercessions may prevail repair to their Vicar before the first Lord's Day of the next Month and so in succeeding Months and importune him to deliver the Sacrament to such of them publickly in the Parish-Church as he cannot charge with any scandal or ignorance and to baptize their Children at Cording to his duty else to resign his place to such a godly Minister as will constantly do it and if he peremptorily and frowardly deny to do either or to allow such other able Minister as the Parishioners shall make choice of to perform these duties to them they may then o publickly indict him for it upon the Statutes of 1 E. 6. c. 1. and 1 Eliz.