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A91228 A new discovery of some Romish emissaries, Quakers; as likewise of some popish errors, unadvisedly embraced, pursued by our anticommunion ministers. Discovering the dangerous effects of their discontinuing the frequent publick administration of the Lords Supper; the popish errors whereon it is bottomed; perswading the frequent celebration of it, to all visible church-members, with their free-admission thereunto; and prescribing some legal regal remedies to redress the new sacrilegious detaining of it from the people, where their ministers are obstinate. / By William Prynne of Swainswicke Esquire, a bencher of Lincolns Inne. Prynne, William, 1600-1669. 1656 (1656) Wing P4017; Thomason E495_2; ESTC R203274 40,067 59

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Offio●●● or Dean of the Arches upon the Statute of 2 H. 5. c. 3. Commanding them to deliver to the parties prosecuted a Copy of the Libel without difficulty where grantable by Law when they refuse to do it contrary to this Statute Or a Writ y De admittendo idoneam personam ad Ecclesiam Or De Cautione admittenda Or Quare Impedit presentare Or Quare non admisit to Bishops and other Ecclesiastical persons where and when they refuse to admit their Clerks to those Benefices to which they present them or to absolve them upon caution tendered to them contrary to Law and their duties Or Writs z De Clamea admittenda in Itinere Or De At ornato admittendo et recipiendo to Justices in Eyre Sheriffs and other Courts when they refuse to admit their Claims or Attornies contrary to Justice Law and the Statute of Merton c. 10. The very Common Law of England gives every Landlord these several Writs a De Consuetudinibus et Serviciis De Secta ad Curiam De Secta ad Molendinum to compell their Tenants to perform the accustomed Services Sutes and Duties which they owe unto them by their Tenures though they concern only their Temporal Estates And will it not by like Writs Justice Reason then constrain our refractory Parsons Vicars Ministers to perform the accustomed Spiritual Duties Services and administer the Holy Communion to their Parishioners at usual seasons as themselves and their Predecessors have constantly done heretofore time out of mind and they are still obliged to do which concern the very spiritual comfort and salvation of their Souls and ought not to be denied or deferred to them any longer Our Common Laws Lawbooks Statutes have provided these several special Writs for the inviolable preservations of the Liberties Privileges Rights preventing redressing the injuries an● recovering the Tithes Dues of Clergy-men that they may the more freely chearfully discharge their Ministerial Duties and diligently administer the Sacraments to their people b De Clerico infra Sacros Ordines constituto non eligendo in Officium Ballivi Bedelli c. De Viris religiosis quod non veniant ad visum Franciplegii Quod Clerici non ponantur in Assisis De Clerico per Statu●um Mercatorium non capiendo De Clerico capto per Statutum Mercatorium deliberando De Clerico convicto deliberando Ordinario Quod personae Ecclesiasticae quieti sint de Theolonio Quod Ecclesiasticae personae non americien ur secundum Beneficium De Decimis solvendis Parsonis et Vicariis Ecclesiarum pro possessionibus alienigenarum All which we find in the Register and our Printed Law-Books Besides sundry Writs in Pa● 10. H. 3. dors 9. Claus. 12. H. 3. pars 1. dors 7. 3. Pat. 20. H. 3. m. 24. Claus. 20. H. 3. m. 3. and 19. 10. 15. Claus. 32. H. 3. dors 15. and c other Records for the due payment of Tithes out of the Kings own Demeasn Lands Mills Parks Forests to those Ministers Bishops Abbots to whom they were due or formerly granted Claus. 18 H. 3. m. 5. A Writ to exempt Clergy-men from paying Toll and Customes for goods bought of sold by them for the sustentation of themselves and their Families And Claus. 39 E. 3. m. 8. A special Writ Quod viri Ecclesiastici non contribuant pro clausura Villae de Coventry there being a Commission issued to assess the Inhabitants to wall this City towards which they would Tax the Clery Therefore by the self-same Justice Reason Equitie our Common Laws will provide special Writs and Remedies for the people to enforce their Parochial Ministers Vicars by power of our Temporal Courts of Justice to administer the Sacraments duly to them according to their bounden duties and render them this their Spiritual food at the Lords Table especially seeing they have now no legal remedy to enforce them to it and punish them for neglect thereof in our exploded Ecclesiastical Courts as they might do heretofore Trin. 17 Jacobi B. R. The Parishioners of Sutton Valence in the County of Sussex according to their Custome chose two Churchwardens the Bishops Official at the visitation refused one of them and swore another Churchwarden in his place which had been Churchwarden before 5 years together and was very contentious and a maintainer of Sutes before the Official After much debate a Writ was awarded out of the Kings Bench by the judgement of the Court to the Official to admit and swear the Churchwarden the Parishioners had elected according to the Presiden of 26 E. 3. where the Bish. of Exeter was commanded to confirm the Children and send Crism to the Parishioners of St. Burian in Cornwall which he denied them And Fitzh Nat. Brev. f. 200. where a Mandatory Writ issued to the Mayor of Oxford to enroll a demise and to the Ordinary to prove a Will and to the Lord to hold a Court as they are obliged to do by Law and Right Mich. 22. Jacobi B. R. Mr. Noy moved the Court for a Mandatory Writ to the Ordinary for the Parishioners of St. Thomas in London to admit two Churchwardens which they had elected according to their antient custom against which the Parson objected the Canon that he was to elect one of them which upon consideration of the precedent cases was granted The like Writ to admit Churchwardens chosen according to custom was granted to the Parishioners of St. Magnes in London Tr. 7 Caroli B. R. And to the Parishioners of St. Ethelboroughs London Tr. 15 Caroli B. R. wherein the custom of electing Churchwardens by the Parishioners was adjudged a Good Custonia Law which the Canons made in Convocation Anno Dom. 1603. Canon 89. could not impeach or deprive them of being a temporal right and inheritance setled in them The like President was in Pas● 4. Caroli B. R. rot. 420. Tr. 7 Caroli rot. 1391. Mr. Noy in the case of St. Thomas Parish cited such a Writ to the Convocation House 21 E. 3. reciting that they affirmed our Lawyers held a damnable opinion because they would by Writs De Cautione admitten●a compell Bishops and Ordinaries to grant absolutions to Excommunicate persons without amends upon sufficient Caution tendered which sufficiency was issuable and to be tried at the Common Law Judge Whitlocke M. 22. Jacobi B. R. and Pasc 2. Car. B. Regis cited one Midlecotes case adjudged in the Kings Bench to this effect A Constable was elected and sworn in a Court Leet the Justices of Peace at the Sessions refused him and elected and swore another Whereupon the Lord of the Leet sued out a Writ of Restitution to the Justices of Peace to allow of and restore the Constable chosen in the Leet being the Lords inheritance So if a Town-Clerk Alderman Burgesse Recorder or Mayor of a Town be unjustly kept out or removed from his place or diffranchised A Writ of Restitution will be and ought by law to be
granted out of the Kings Bench to restore them to the possession of their places as t is resolved in Sir James Baggs case Trin. 13 Jacobi Cooks 11. Report f. 93. c. in Audlyes Case Pas. 2. Caroli B. R. in Bostons case the case of an Alderman of Coventry Mr. Manniptons case Recorder of Launceston in Cornwell and sundry others in King Charles his reign Therefore by like Law Justice Reason a like writ of Restitution will lye for all those Parishioners to restore them to the frequent use and actual enjoyment of the Lords Supper who have been injuriously unchristianly and sacrilegiously without any Legal sentence of Excommunication for any Legal cause kept from it by their imperious Ministers against the Lawes of God and the Realm It being resolved in * Bagges case That the Court of Kings Bench hath authoritie not only to correct judicial Errors in proceedings but other Errors and Misdemeanors e●trajudicial tending to the breach of the Peace or Oppression of the Subjects or to the raising of Faction Controversie Debate or to any manner of Misgovernment so that No wrong or injury whether publike or private may be done but that it shall be there Reformed or punished by due course of Law I find in the d Register of Writs a recital in a Consultation that the Archdeacon of Norwich antiently in his Spiritual Court sued a Parishioner ex Officio for substracting his accustomed Oblations at Easter Christs Nativity and All Saints c. Et viaticum quod a singulis Catholicis semel in Anno recipi debet cessante legitimo impedimento per multos annos recipers recu●abit in perniciosum e●eniplum al●orunr Who procuring a Prohibitien to stay this sute and prevent the corporal punishment to be inflicted on him for these Offences pro salute animae Thereupon the King granted a special consultation to the Archdeacon to proceed in this cause notwithstanding the Prohibition to punish this Notorious delinquent who refused to pay his oblati●ns and to receive the Lords Supper for many years which * ought to be received by all Christians once a year at least to the pernicious example of others Therefore by like Justice now these Ecclesiastical Courts are suppresed ought special Writs to be issued out of our Temporal Courts to correct punish all such Ministers who to the pernicious example of others the scandal of our Church Religion and prejudice of their peoples souls for sundry Months and years together have peremptorily refused to administer the Lords Supper to their Parishioners though importuned by them to do it and likewise to punish all such Parishioners who have obstinately Schismatically or prophanely refused or neglected to receive it in such places where it hath been duly administred And that e by the very Statutes of 1 Ed. 6. c. 1. 1 Eliz. c. 2. 13 Eliz. c. 12. 3 Jac. ch. 3 4 5. Which I trust will henceforth be put in vigorous execution against all such obstinate offenders who shall persevere in the Sacrilegious Non-administration or impious Non-reception of the holy Communion after these my weak and other pious Mens endeavours to convince them of and reclame them from these their Unchristian Practices I shall conclude with that of f S. Hilary Si non sunt tanta peccata ut Excommunicetur quis non se debet à medicina corporis et sanguinis Domini seperare and with g Capitularia Caroli et Ludovici Imperat●r lib. 7. c. 371. Placuit ut omnes qui Ecclesiam Intrant nisi à suo fuerint Excommun●cati Sacerdite communicent Si qui autem hoc facere noluerint tamdiu à Communione et Christianorum consortio habeantur alieni quamdiu per satisfactionem Ecclesiae à proprio mereantur per manus impositionem reconciliari Ep●scopo sanct●ae resti●ui Communioni And that of the whole h Council of Agathen about 441. years after Christ Seculares qui in Natali Domini Pasca Pentecoste non communicaverint and by consequence Clerici qui tunc Eucharistiam Secularibus non administraverint Catholin non credantur nec inter Catholicos habeantur but ought to be reputed as meer Heathens Publicans Excommunicate persons unworthy the name of Christs Ministers or Christians Swainswicke July 25. 1656. WILL PRYNNE FINIS ERRATA IN the Title page line 16. regal read real p. 1. l. 5. r. Reformers p. 21. l. 33. or r. of p. 23. l. 3. Roman●● p. 25. l. 31. two r. ten p. 39. l. 11. form r. from p. 4● l. 4. r. 82. p. 47. l. 3. singing r. fingering l. 32. satagant Margin p. 21. l. 8. injured r. maried p. 35. l. 17. Independency p. 39. l. 39. Opmerus a Athanasius epist. ad solitariam vitam agentes See Dr. Bilson his True Difference between Christian subjection and unchristian rebellion part 2. p. 182 183. b Hilarius ad Constantium l. 3. c Hilarius l. 1 Contra Constantium d Variae Historiae l. 5. c. 13. e ●am. 1. 8. f Iude 12 13 16 19. S g 1 John 4. 6. h Isay 19. 13 14. * Non Doctores sed seductores non Pastores sed Impostores Bernard i 1 Iacobi c. 1 2. 3. Iac. c. 1. k Mat. 12. 25. 26. Gal. 5. 15. l In my Cozens his Cozening Devotions Q●enchcole The Popish●Royal Favorite Romes Master-piece Hidden works of Darkness brought to publike Light Canterburies Doom Speech in Parliament M●mento● A Gospel plea Ius Patronatus Epistle to a Seasonable Legal Vindication c. A New Discovery of Free-State Tyranny The Quakers unmasked m See Dr. Iohn White his way to the True Church and Preface before it My Quakers unmarked n See Lambert f. 195. 333. 416. Da●●on p. 124 115. Comple●t Justice p. 223. o Heveden Annalium pars post●rio● p. 601 602. Lambardi Archaion Spelmanni Concil. p. 619 620. See 8 H. 6. c. 1. Rastall Parl. 12. p See Daltons Iustice of Peace c. 38. q See My Royal Popish Favorite Romes Master-piece Hidden Works of Darkness brought to publike Light Canterburies D●om r My Speech in Parl. Memento Epistle to my ●us Patronatus And Historical Legal Vindication s See a New Discovery of Free-State Tyranny t See the Beacous ●●red u A Collection of all Publike Ordinances p. 424 425. * Fratri * Frater x My Q●a●ersunm s●●ked Edit. 2. y The Newcastle Ministers Mr. Farmer Mr. Baxter and others * Hidden works of darknesse brought to publike light p. 93. 100 101 to 214. 218 to 252. * Fratri z See Declaration de Pere Basil A Sedane 1639. p. 116 * Let those who use these Ceremonies still observe it * That is Frater Daniel à Sancto Johanne St. John Minorum Provincialis a See Gratian de Consecrat distinct 1 2. Summa Angelica Rosell● Tit. Absolutio Confessio Missa c. Bochellus Decreta Eccles. Gall l. 1. Tit. 6 7. l. 2. Ti● 7. b See Summa Angelica Rosella Tit. Ordo Bochellus Decret. Eccles. Gall l. 3. Tit.