Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	king_n	parliament_n	writ_n	2,706	5	9.7417	5	false

Text snippets containing the quad

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

administration of the Sacraments to their Parishioners which too many of them have of late totally and divers in a deplorable measure cast off restore the comfortable frequent enjoyment of them to those Parishoners who have a long time earnestly thir●ed after them and prevent the Anabaptistical Jesuitical design of g His Voice from the Temple See my Jus Patronatus John Canne with his Fraternity and others of late years crept into Parochial Cures of purpose to subvert them with all other Parochial Congregations and all Patrons rights to present unto them A design most eagerly prosecuted publikely avowed and much advanced of late years by unchristian and illegal practises gilded over with religious Pretences This is the Opinion and Judgement in answer to your Case and Quaeres of your Friend and Counsellor Lincolns Inne 20 Iunii 1656. WILL PRYNNE FINIS Errata p. 3. l. 10. r porrigend p. 5. l. 8. it was p. 7. l. 1. 29. r. 23. p. 20 l. 20. Legeis AN APPENDIX OUr Vicars and Ministers refusal to administer the Sacraments to their Parishioners is in truth an actuall penal suspension and excommunication of them without any precedent citation Articles legal proceeding hearing or sentencdenounced against them in any Ecclesiastical Classis or Iudicature Wherefore as King Pat 25. E. 1. pars 1. ● ● 10. 12. pars 2. m. 5. Claus 25. E. 1. dors 6. Claus 30 E. 1. dors 14. Claus 12. E. 2. m. 12. Claus 15. E. 3. pars 1. dors 39 40. Edward 1 2 and 3. did issue forth several Writs and Mandates to their Bishops and Clergy not to convent question censure excommunicate any of their Officers or Subjects within their Dominions for discharging their Duties and duly obeying their Mandates and to absolve all those they had excommunicated upon this account and likewise issue out Writs to their Sheriffs De promulga●tibu● sententiam excommunicationis in Ministros Regis capiendis imprisonandis for obeying their commands So by like Justice reason may Writs be issued to all those Vicars and Ministers who deny the Sacraments to their Parishioners without any legal cause or sentence of suspension or excommunication first denounced against them to admit them to the Sacraments and administer them duly to them yea writs to the Sheriffe to attach and imprison them in case of their willfull neglect or contempt herein Claus 12 E. 2. m. 20. The Arch. bishop of York and his Ministers oppressed vexed the people of his Diocesse in his Courts Visitations by malicious citations for pretended adulteries and other Ecclesiastical crimes before they were publickly defamed of or presented for them and for which they could not aid themselves by the Kings Prohibition they having legal conusans of these crimes Upon Petition to the King and his Counsel against thesemalicious citations by the people there issued a special Writ to the Bishop reciting and prohibiting such Citations and proceedings for the future De Oppressionibus populo per Citationes non inferendis By like reason and equity may special writs now be granted to Ministers not to oppresse vex injure their Parishioners by depriving them of the Sacraments at due and accustomed seasons farre worse than these malicious Citations which were but Ecclesiastical Process when as these amount at least to And that for sundry months nay years many whole Cities and Parishes Ecclesiastical Censures Suspensions Excommunications from the Sacraments In times of Popery if any Religious person or Monk professed departed from his house and wandred abroad in the Country against the rules of his Religion or Order upon a Certificate thereof in Chancery by the Abbot there issued a Writ de The Register Fitz. Nat. B●ef 233 234. Apostata Capiendo of which I find Pat. 25 H. 3. dors 8. Pat 39. H. 3. m. 10. Pat. 47 H. 3. pars 1. m. 20. Pat. 49. H. 3. m. 2. Pat. 53 H. 3. m 31. Pat. 54 H. 3. m. 28. Pat 3 E. 1. m. 19. Pat. 4 E. 1. m. 29. Pat. 9 E. 1. m. 22. Claus 12. E. 2. dors 12. Claus 25. E. 3. pars 1. dors 14. many presidents in our Records for the Sheriffs to apprehend and deliver him to his Abbot or his Attorney to be chastised according to the rules of his Order And if any Preists wore long hair against the Canons and rules of their Order in the Kings Court where the Ordinaries had no power to reform them the King himself granted a special Writ and Commission to certain persons giving them plenam potestatem scindendi capillos Clericorum qui sunt in Hospitio nostro et famili● nostra longo● Crines habentium et capillos nutri●ntium c. Pat 21 H. 3. Do●s 3. By the like and better reason then may special Writs be issued to reduce Ministers offending in apostatizing from the very essential duties of their function not in circumstantials only as these in former times to the due execution of the duties of their function administration of the Sacraments to their Parishioners according to the rules of their Order the Statutes of the Realm the Doctrine Custom of the Church of England so much now slighted contemned by them to Gods dishonor the vilipending of their Ministry function yea the Sacraments themselves and their peoples grief offence and Spiritual prejudice who may doubtless have a See Brooke Fitzh Ash Action sur le Statute special action at law against them on the Statute of 1 Ed. 6. 1● Eliz. c. 2. for their relief herein FINIS