Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	according_a	court_n	law_n	2,915	5	4.6268	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50670	The parson's monitor, consisting of such cases and matters as principally concern the clergy collected from the statute and common laws, as also the constitutions and canons ecclesiastical : confirmed 1 Jac. anno Dom. 1603 : together with the Articles of religion, authority of the convocation, privilege of churches and church-yards, payment of first-fruits and tenths, in whose name and style ecclesiastical courts are to be kept, and the process issuing out of the same are to run in, and with what seal to be sealed : with several other matters (never before extant) very material and necessary to be known by the clergy in general, and all persons concerned either as patron, or incumbent / by G. Meriton, gent.	Meriton, George, 1634-1711.	1681 (1681)	Wing M1808; ESTC R702	137,500	344

decree all such to be Rightly and Orderly and Lawfully Consecrated and Ordered Note that this last Article by the stat 14. Car. 2. is to be construed and taken to extend and shall be applied unto the Book containing the manner of Making Ordaining and Consecrating of Bishops Priests and Deacons which is now set forth in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the sixth mentioned in the said Article 14. Car. 2. cap. 4. 37. Of the civil Magistrate Article 37 The Queens Majesty hath the chief Power in this Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain and is not nor ought to be subject to any foreign Jurisdiction Where we attribute to the Queens Majesty the chief Government by ●hich Titles we understand the minds of some slanderous Folks to be offended we give not to our Princes the Ministering either of God's Word or the Sacraments the which thing the Injunctions also sometimes set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given alwaies to all godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the stubborn and evil doers The Bishop of Rome hath no Jurisdiction in this Realm of England The Laws of the Realm may punish Christian Men with death for heinous and grievous Offences It is Lawfull for Christian Men at the Commandment of the Magistrate to wear Weapons and serve in the Wars 38. Of Christian Mens Goods which are not common Article 38 The Riches and Goods of Christians are not common as touching the Right Title and Possession of the same as certain Anabaptists do falsly boast Notwithstanding every Man ought of such things as he possesseth Liberally to give Alms to the Poor according to his Ability 39. Of a Christian Man's Oath Article 39 As we confess that vain and rash swearing is forbidden Christian Men by our Lord Jesus Christ and James his Apostle so we judge that Christian Religion doth not prohibit but that a Man may swear when the Magistrate requireth in a cause of Faith and Charity so it be done according to the Prophet's teaching in Justice Judgment and Truth CHAP. IV. Several cases touching the privileges of Ministers and Churches and Church Yards The punishment for laying violent Hands on a Clergy-man MAny are the privileges which the Laws of this Realm allow to Clergy Men in Holy Orders some of which I shall insert in this Chapter If one lay violent Hands upon the Person of any infra sacros Ordines such Offender may be cited into the Spiritual Court to have him Excommunicated or doe Corporal Penance But the party offending if he think good may redeem his Penance for a certain sum of money to be paid to the party grieved who may sue for the same in the Spiritual Court if it be not paid and no Prohibition will lie vide stat Articuli Cleri 9 E. 3. cap. 3 and 4. Circumspecte Agatis 13 E. 1 Regist f. 45. 49. 51 52. 54. 57. Co. Institutes 2 part f. 492. and 620. 7 H. 3. Prohibition 30. 5 H. 3. Prohibition 29. 12. H 7. f. 23. a. p. Butler Co. Rep. 4. Lib. f. 20. b. Bro. action sur Case 15. F. N. B. f. 51. R. 52. D. F. 53. A. In what Court a Minister may sue for a scandal If one call a Minister Heretick Schismatick Fornicator c. or such other words as are meerly Spiritual in such case he cannot sue in the Spiritual Court for damages but he may cite the party offending pro salute animae and he must express in particular the defamation in his Libel and for the costs of suit recovered he may sue in the same Court if they be not paid Co. Inst 2 part f. 492 493. F. N. B. 51 I. 52 M. 53. A. and see Tr. 25 Eliz. B. R. Palmer and Thorp's Case Co. Rep. 4. Lib. f. 20. a. A Minister is not bound to appear at Ministers not bound to appear to Sheriffs Tourns or Leets c. the Sheriffe's Tourns nor at Court Leets by the Statute of Marlbridge unless their appearance be especially required for some particular cause and if they be distrained to come they may have a Writ reciting the said Statute which Writ in the Register beginneth thus Cum de communi Consilio Provisum sit quod viri Religiosi non habent necesse venire ad Tournum Vicecom c. Regist f. 176 8 H. 4. f. 15. stat Marlbridge cap. 10 Co. Inst 2 part f. 120 and 121. Parsons not compellable to appear at Leets by the Common Law By the Common Law also Parsons of Churches that had curam animarum were not compellable to come to Tourns or Leets and if they were distrained to come they may have a Writ for their discharge in this Form Rex c. Cum secundum Consuetudinem Regni Nostri Personae Ecclesiasticae ratione Terrarum Tenementorum suorum Ecclesiis suis annexorum venire non debeant ad Visum Franci Pleg in curia nostra vel aliorum quorumcumque c. Regist f. 175. F. N. B. f. 160. C. Co. Inst 2 part f. 121. Men of the Church not to be amercied after the quantity of their Spiritual Benefice No Man of the Church shall be amercied after the quanty of his Spiritual Benefice but after his Lay Tenement and after the quantity of his Offence and note that the word Beneficium is a large word and his taken for any Ecclesiastical Promotion or Spiritual Living whatsoever vide Magna Charta cap. 14. and Co. Inst 2 part f. 29. The Plough Beasts of Religious Persons Their Plough Beasts not to be distrained c. or their Sheep shall not be distrained for the King's Debt nor the Debt of any other Man nor for any other cause by any Bailiffs whatsoever but untill such time as they can find another Distress or Chattels sufficient whereof they may Levy the Debt except in case of damage Feasant and such distress is also to be reasonable after the value of the Debt or demand and by the Estimation of Neighbours and not by Strangers nor outrageous stat de districtione Scaccarii 51 H. 3. vide dyer f. 312. a. pl. 86. May make their Wills of Corn sown down Spiritual Persons may make their Wills of such Corn as is sown upon the Glebe Land at the time of their death 28 H. 8 cap. 11. vide 34 H. 6. 38. The punishment for Arresting Ministers doing Divine Service No Man upon grievous forfeiture is to Arrest any Minister in Church or Church-Yard whilst he is attending Divine Service 50 E.

few things relating to the Convocation and lastly the King's Majesties Letters and Directions in the fourteenth Year of his Reign to the Archbishop of Canterbury concerning the Clergy pa. 15. CHAP. III. The Articles of Religion which every Minister is to subscribe unto both at his Ordination and at his Admission and Institution to a Living agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London 1562. put forth by Authority for avoiding Diversities of Opinions and for the establishing of consent touching true Religion pa. 111. CHAP. IV. Several Cases touching the Privileges of Ministers and Churches and Church-yards pa. 99. CHAP. V. Some things necessary for Clergy-men to know concerning Presentations Nomination Deprivation Resignation c. and of avoidance of Spiritual Livings by Death Creation Cession Lapses c. pa. 118. CHAP. VI. Of Pluralities Dispensations and non residence pa. 159. CHAP. VII Of the Oath which every Minister is to take before his Institution to a Living against Simony with a Recital of the Statute and some few Cases concerning the same pa. 201. CHAP. VIII Of first Fruits Tenths Dilapidations and Mortuaries pa. 228. CHAP. IX What Qualifications are required in Leases made by Ecclesiastical Persons pa. 260. CHAP. X. How Clergy-Men are incapacitated to take Farms or follow Secular Affairs and how they are punishable for Incontinency by their Superiors and by whose power and Authority Courts Ecclesiastical are to be kept and in whose Name and Stile their Ecclesiastical Process are to be and with what Seal to be sealed pa. 301. ADVERTISEMENT CHoice Presidents upon all Acts of Parliament Relating to the Office and Duty of a Justice of Peace With necessary Notes and Instructions thereupon taken out of the said Acts of Parliament and other particular Cases in Law adjudg'd therein As also a more usefull Method of making up Court Rolls then hath been known or hitherto published in Print By Rich. Kilburne Esq late one of his Majestie 's Justices of the Peace for the County of Kent and Principal of Staple-Inn The Second Edition with many usefull Additions made publick by G. F. of Grayes-Inn Esq Newly Reprinted for R. Tonson 1681. THE PARSON'S MONITOR CHAP. I. What Qualifications are required by Scripture and Law in such Persons as intend to enter into the Ministery and also a word or two concerning Ordination and what the Canon requires as to the Apparel and behaviour of Clergy Men. What Qualifications are required in Ministers by Scr●pture SAINT Paul in his first Epistle to Tymothy saith That Deacons must be grave not double-tongued not given to much wine not greedy of filthy lucre holding the mysterie of the Faith in a pure Conscience and let these also saith the Apostle first be proved then let them use the Office of a Deacon being found blameless and he saith further they must be the Husbands of one Wife ruling their Children and own Houses well 1 Tim. Chap. 3. ver 8 9 10 and 12. What Qualifications the Law requires in them Thus far speaks S. Paul now observe that the Law requires that every one that intends to be a Parson must Regularly be of free Condition and not Criminous Out-law'd nor Excommunicate nor a Jew Misc●eant Infidel Schismatick or Heretick He must also be Conformable to the Government and Doctrine of the Church of England and by the Statute of the 13 Eliz. he must be 24 years of age 13 Eliz. cap. 12. vide 5 H. 7. 20. a. 14 H. 7. 28 b. Co. Rep. 5. lib. 58. a. Degs Parson's Counsellor cap. 1. The difference between Malum in se and Mala Neither is one capable of being a Parson Vicar c. If he be guilty of Murther Manslaughter Perjury Foriury or other foul crime That is Malum in se and in this case it matters not whether the party be Convict of this crime or no so that the Ordinary have certain knowledge thereof but for a Man to be guilty of haunting of Ale-houses or a player at unlawfull games which are only Mala Prohibita and not Mala in se it is no Impediment to his hei●●● Parson Vicar c. Co. Rep. 5. lib. f. 58. 〈◊〉 38. E. 3. f. 2. b. Dye●s Rep. French f. 293. b. and 254. b. and vide Rolls Cases 2. parte fo 355. z. 1. 4. 5. 6. 8. Every Minister ought to be learned in the Language the People speak and understand Every Parson Vicar c. must also be competently well learned and skilled in the Language the People speak and understand where he is to be Parson Vicar c. otherwise the Bishop may refuse him as it was resolved in the Case of one Albany in a Quare Impedit against the Bishop of S. Asaph where the Bishop pleaded that the service of the Church to which the Presentee was presented was in the Welsh Tongue and that the Parishoners understood not the English and that the Presentee could not speak Welsh and therefore he refused him And all the Justices held this to be a good Cause of refusal for if he understand not them nor they him he cannot instruct his s●ock according to his duty and charge m. 30. and 31 Eliz. B. R. Albany and the Bishop of S. Asaph's Case Cro. Eliz f. 119. pl. 5. Deg. cap. 1. Ordination to be but four times in the Year Note that Ordination is to be but four times in the Year that is to say● the Sunday immediately following the four Ember weeks and no Man is to be made Deacon and Minister together upon one Day Can. 31. and 32. The penalty of obtaining Orders corruptly And by the 13 of Eliz. it is enacted that if any Person or Persons whatsoever shall or do at any time receive or take any Money Fee Reward or any other profit directly or indirectly or shall take any Promise Agreement Covenant Bond or other assurance to receive any Money Fee Reward or any other profit directly or indirectly either to him or themselves or to any other of their or any of their Friends all Ordinary and Lawfull Fees only excepted for or to procure the Ordaining or making of any Minister or Ministers or giving of Orders or Licence or Licences to Preach that every Person and Persons so offending shall for every such offence forfeit forty Pounds and the party so corruptly Ordained or made Minister or taking Orders shall forfeit ten Pounds And if at any time within seven Years next after such corrupt entring into the Ministery or receiving Orders he shall accept or take any Benefice Living or Promotion Ecclesiastical that immediately from and after the Induction Investing or Installation thereof or thereunto had the same Benefice c. shall be meerly void And that the Patron or Person to whom the Advowson Gift Presentation or Collation shall by Law appertain may present or collate unto give or dispose of the same Benefice c. in such

the Holy Communion Excepted prescribed in the said Book in Greek Latin or Hebrew and all Men as well in Churches Chapels Oratories or other places may use openly any Psalms or Prayer taken out of the Bible at any time nor letting or omitting thereby the service or any part thereof mentioned in the Book of Common-Prayer 2. 3 Eliz. 6. cap. 1. If any Person or Persons who do not Conform and are disabled to Preach The Penalty against such persons who Preach and are disabled by 14. Car. 2. by the statute of the 14 Car. 2. shall during such time as they continue so disabled Preach any Sermon or Lecture that then for every such Offence the Person and Persons so offending are to suffer three Months Imprisonment in the common Goal without Bail and any two Justices of the Peace of the County and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place to him or them of the Offence committed may commit the Person or Persons to the Goal of the County City or Town Corporate accordingly 14 Car. 2. cap. 4. The Penalty for refusing to hear Common Prayer and being present and joyning with other Religious Assemblies If any Person or Persons above the age of sixteen Years shall obstinately refuse to repair to some Church Chapel or usual place of Common-Prayer and shall forbear by the space of a Month to hear Divine Service and shall either of him or themselves or by the perswasion of any others willingly joyn in or be present at any Assemblies Conventicles or Meetings under colour or pretence of the exercise of Religion contrary to the Laws and Statutes of this Realm every Person so offending and being Lawfully Convicted are to be committed to Prison there to remain without Bail till they Conform and yield to come to some Church Chapel or usual place of Common-Prayer and hear Divine Service established according to Law and make such open Submission and Declaration of their said Conformity as hereafter follows and if the Person offending shall not within three Months after Conviction Conform and make Submission being required thereunto by the Bishop of the Diocess or any Justice of the Peace of the County where the party is or by the Minister or Curate of the Parish then such Offender shall abjure the Realm and refusing to abjure or returning again after abjuration without the King's Licence shall be adjudged a Felon and suffer as a Felon But if such party before he be warned to make abjuration do repair to some Parish Church on some Sunday or Feastival day and hear Divine Service and before Sermon time or reading of the Gospel and make open Submission then the Offender is to be clearly discharged from all the Penalties and Punishments aforesaid 35 Eliz. cap. 1. 16 Car. 2. cap. 4. Popish Re●usant and Feme Covert not to abjure No Popish Recusant or Feme Covert shall be compelled to abjure by virtue of the said Act 35 Eliz. and every Person that shall abjure by virtue thereof or refuse to abjure shall forfeit to the King's Majesty all his Goods and Chattels for ever and loose all his Lands and Tenements during his Life but the Wife not to loose her Dower nor any Corruption of Blood to be for any of the said Offences and the Heir to enjoy the Lands and Tenements after the Offender's Death 35 Eliz. cap. 1. The Form of Submission The Form of the Submission aforementioned is to be in these words viz. I. A. B. do humbly confess and acknowledge that I have grievously offended God in contemning his Majestie 's Godly and Lawfull Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting disordered unlawfull Conventicles and Assemblies under pretence and Colour of Exercise of Religion And I am heartily sorry for the same and do acknowledge and testify in my Conscience that no other Person hath or ought to have any Power or Authority over his Majesty And I do promise and protest without any dissimulation or any colour or means of any dispensation that from henceforth I will from time to time obey and perform his Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and to my uttermost endeavour to maintain and defend the same 35 Eliz. cap. 1. The Penalty of Relapsing after Submission Note That if after such Submission the Offender Relaps then he looseth all advantage got by his Submission and shall be in the same condition as if such Submission had never been made And every Minister or Curate of every Parish where such Submission is made is to enter the same into a Book to be kept for that purpose and within ten days then next following to Certifie the same in writing to the Bishop of the same Diocess 35 Eliz. cap. 1. this stat is declared to be still in force by the 16 Car. 2. cap. 4. Observe That the Governour or Masters of Coll●ges c. to Subscribe to the Articles of Religion and Book of Common-Prayer c. Head of every College and Hall in either of the Universities and the Colleges of Westminster Winchester and Eaton within one Month after his Election or Collation and Admission into the said Government or Headship must openly and publickly in the Church Chapel or other publick place of the same College or Hall and in the presence of the Fellows and Schollars of the same or the greater part of them then Resident Subscribe unto the Book of Articles of Religion and declare his unfeigned assent and consent unto and approbation of the same and to the use of all the Prayers Rites and Ceremonies Forms and Orders in the Book of Common-Prayer And they must also once every quarter of a Year at least not having a Lawfull Impediment openly and publickly read the Morning Prayer and Service in and by the said Book appointed to be read in the Church Chapel or other publick place of the same College or Hall upon pein to loose and be suspended of and from all the benefits and profits belonging to the same Government and Headship by the space of six Months by the visitor or visitors of the same College or Hall and being suspended for the causes aforesaid if they do not at or before the end of six Months after such suspension Subscribe unto the said Articles and Book and declare their consent thereunto as aforesaid or read the Morning Prayer and Service as aforesaid then such Government or Headship shall be ipso facto void 14 Car. 2. cap. 4. If any Person Ecclesiastical or having Ecclesiastical Living shall advisedly The punishment for affirming any Doctrine contrary to the 39 Articles of Religion or any of them maintain or affirm any Doctrine directly contrary or repugnant to any of the nine and thirty Articles

payment of the same All Collectors of Tenths under any Archbishop or Bishop having Letters Patents or other writings of their Office of Collectorship are to be bound by their sufficient writing Obligatory or Recognizance in the Court where the King's revenues of the Tenths shall be answerable in such sum or sums of money as shall be due within their Collection or Office to save and keep the said Archbishop or Bishops harmless and without damage against the King for the same and all such Grants Patents or Writings to such Collectors shall continue no longer in force then during such time as such Archbishop or Bishop who granted the same shall remain Archbishop or Bishop of the same See or Bishoprick whereof he was possessed when he granted the same 7 E. 6 cap. 4. and by the 14 Eliz. cap. 7. the Lands and Tenements Goods and Chattels of such under Collectors of Tenths are made liable to answer the Queen her Heirs and Successors for such sums as they shall gather yearly within their Collection and every Archbishop Bishop and Dean and Chapter sede vacante to whom the Collection of such Tenths shall appertain shall be discharged of so much as shall be satisfied of or by the Lands Tenements Hereditaments Goods o● Chattels of such under Collector or his Heirs without any other Warrant whatsoever in that behalf to be obtained 14 Eliz. cap. 7. 13 Eliz. cap. 4. First Fruits in what time to be paid Vicarages not exceeding ten pounds and Parsonages not exceeding ten marks in the King's Books are not to pay any first Fruits as is shewed before and every Incumbent liable to pay first Fruits that lives one half Year after the last avoidance so as he hath or might have received the Rents and Profits of that half Year and before the end of the next half Year he happen to dye or be Lawfully evicted removed or put from the same Promotion Spiritual by Judgment in an action at Common Law without Fraud or Covin then he is to pay but a fourth part of the first Fruits and if he Live one Year and dye or be evicted c. before the next half Year then he is to pay one half of his first Fruits and if he Live one Year and an half and dye or be evicted c. before the end of six Months then next following then he is to pay three parts of his first Fruits and if he Live two Years then he must pay his whole first Fruits for such Promotion Spiritual 1 Eliz. cap. 4. By the 1 Eliz. all Grants Immunities and Liberties given to either of Colleges c. discharged of first Fruits c. the Universities of this Kingdom or to any College or Hall in either of them and to the Colleges of Eaton and Winchester by any of the Kings of England or by Act of Parliament touching the release or discharge of first Fruits and Tenths are to be and remain in full force and strength and that all such conveyances and assurances in Law as were then had or made to either of the Universities or to any College or Hall within either of them or of any of the Parsonages or Benefices Impropriate or of any Patronage for the maintenance of students or learning are good and effectual notwithstanding the same Act of Parliament and all the Possessions of the free Chapel Deanry and Canons of Windsor are discharged of Tenths and first Fruits but all the Rectories and Spiritual Promotions belonging to the Archdeaconry o● Wells are made chargeable to the payment thereof and all the Rectories Parsonages and Benefices Impropriate Glebe Lands Tythe Oblations Obventions Pensions Portions and other Profits and Emolluments Ecclesiastical and Spiritual as were in the Survey Rule and Order of the Court of the Dutchy of Lancaster were to continue so And lastly by the same Act it is provided that no Hospital founded and used and the Possessions thereof imployed to and for the use and relief of Poor People or any School or Schools or the possessions or revenues of them shall be charged with the payment of any Tenths or first Fruits 1 Eliz. cap. 4. A demand of Tenths how and where to be made Note that the demand of the Tenths ought to be express and not a summons to pay them at another place as appears by the Case following An Apparator came to the Church to the Parson and said to him that he must pay his Tenths to such an one and at such a place being four miles distant from the Church and the Parson not paying the Bishop certifies according to the Statute that he refused to pay his Tenths and whether this were a good demand or no was the Question and all the Justices agreed that it was not for they said a summons to pay was not sufficient but it ought to be an express demand and by one who hath Authority to receive it M. 39 40 Eliz. C. B. Reyner and Parker's Case M. Rep. f. 541. pl. 714. Bishop's Certificate of what force The Bishop of York certified in the late Court of first Fruits and Tenths Anno 5 6 E. 6. in these words adhibuimus omnimodam diligent per Subcollectores nostros per totam diocesim Eborum Et comperimus I. C. Vicarium de Gargrave Recusantem solvere subsidia Vicariae suae qui nullo modo metu paenarum huiusmodi produci potuisset ad solutionem subsidii praedict sed perseverans in obstinatiori sua malitia and this is left as a quaere in Dyer whether by this Certificate the Vicarage were void or no Dyer f. 116. a. pl. 69. but in Crook's reports it is said there that the Justices held such a Certificate not to be Peremptory but that it may be Traversed for the Bishop doth it only as an Officer and not as a Judge as in Case of Bastardy and here is to be a default in the Parson viz. not payment which is tryable per pais for otherwise all the Parsons in England may be put out of their Parsonages by such nude surmise and bare Certificate without any answer and the Law never intended to make the Certificate so Peremptory as the Book saith and it is there said also that the Officer of the Bishop which is to demand the Tenths ought also to be Authorized to receive them for he cannot appoint them to be paid at another place or to another Person for the Parson is to pay them at his own House and to the Person that demands them in the Name of the Bishop M. 29 30 Eliz. in Scaccario the Queen and Blancher's Case Cro. Eliz. f. 80. pl. 44. Dilapidations cause of deprivation Now we come to Dilapidations which every Clergy Man ought to take care to prevent for there can be nothing worse becoming the Dignity of a Clergy-man than Dilapidations and non residence and as the Canon Law made Provision against it so also hath the Common Law of this Kingdom as appears