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judgement_n court_n defendant_n writ_n 2,324 5 9.1709 5 true
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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

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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