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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

qualified and desire the ●ame publikely in the Church at convenient seasons This I shall clear first from the very definition of a Parish and Parish Church to which they are presented and then by direct Statutes and Authorities Cardinal Hostiensis in his Summa l. 3. Tit. de Parrochiis Panormitan in Rubrica de Parrochiis Petrus Rebuffus de Collationibus p. 655. Willielmus Lyndewoode Provinc Constit l. 3. Tit. de Parrochiis Duarenus de Beneficiis Disputat Anniversaria l. 1. c. 26. Franciscus Zerula Praxis Episcopalis pars 1. Tit. Parrochia Goffridus Abbas Tit. Parrochis with sundry others define a Parish to be Locus in quo degit populus certis finibus limitatus et alicui Ecclesiae Deputatus And a Parish Church to be Ecclesia quae habet Paroc●iam ad ejus curam deputatam ad quam convenit populus * See Pontifica●e Romanum p 247 259. De Ecclesiae Dedicatione Ad Recipienda Sacramenta et ad audienda sacra et verbum Dei et rudimenta fidei diebus sacris Which Dr. Iohn Cowel in his Interpreter and Iohn Minshaw in his Guide unto Tongues in the word Parish thus second English A Parish in our Common Law is the particular charge of a Secular Priest and then subjoyn A Parochial Church is that which is instituted for the saying of Divine Service and Ministring of the holy Sacraments to the people dwelling within such a compass of ground near unto it With them accords the Book of Mich. 34 E 1. Fitz. Quare Impedit 187. where they prove a Church to be no Chapel but a Parish Church because it had Sepulture Baptism and Sacraments administred in it And the Statute of 32 H. 8 c. 32. For the Church of Whitegate to be made a Parish of it self and no part of the parish of Over proves it to be a Parish Church antiently from this very reason Because the Inhabitants and Tenants within such places and precincts time out of mind came and resorted to the said Parish Church of Whitegate within which times they have continually received Sacraments and Sacramentals at and in the said Church and have continually used to marry bury and christen within the same And the Statute of 32 H. 8. c. 44. reduced the Town of Royston belonging to 5 remote parish Churches to one Parish Church new built in it because was over painfull especially to the impotent sickly and aged Inhabitants to travel to those Churches so remote or any of them to hear their divine Service and they could not have the Sacraments and Sacramentals to be ministred to them according to the laudable custom of holy Church to their great perils and jeopardies through the remoteness of these Churches and absence of their Parsons and Curates in such cases of necessity when their presence to the comfort and consolation of their Parishioners is most requisite and behovefull So that Parish Churches so stiled because originally built by the Patrons and Parishioners for their ease use benefit and the use of and * Pasc 2 C●r B. R. Carlton and Hut●ons case resolved seats in them are still in the Patron Parish who repair them were originally built and * consecrated as well for the Administration of Sacraments in them by their Parish Priests Parsons and Vicars as for Divine Service Prayers and Preaching Of which the people cannot be deprived without their great disconsolation perils and jeopardies as this Parliament and Statute resolve to which the Statute of 1 Jacobi ch 30. For erecting a New Church in Melcombe Regis to be the Parish Church of Radipol c. might be added to the like effect This will be most apparent and irrefragable by considering the Office and Duty of every Parish Priest Parson and Vicar and why he is stiled Parochial He is stiled a Parish Priest or Minister as Duarenus and others forecited resolve because he is specially obliged to preach administer the Sacraments and perform all other duties belonging to a Minister to all and every Inhabitant of that Parish to whose Church he is presented instituted inducted and not to any others but only voluntarily when he pleaseth being married and espoused to that peculiar parish whence he is stiled Parochus and the people Parochia by the Canonists and Lawyers a Summa Angelica Tit. Parochia Angelus de Clavasio and b Praxis Episcopalis pars 1. Tit. Parochia sect 3. f. 162. Franciscus Zerula thus describe the Office as a Parish Priest or Vicar Parochi officium est Primo praedicare Pu●ros rudimenta fidei et obedientiam docere Vim et usum Sacramentorum exarare populo Oves suas agnoscere et bono exemple pascere Sacramenta administrare c. c Praxis Beneficiorum pars 1. p. 4 sect 10. Rebuffus thus seconds them Ecclesia Parochialis dicitur Beneficium saeculare et cum administratione Quia Curatus tenetur ministrare Sacramenta Ecclesiastica c. aliaque opera Parochianos tangentia facere tene●ur And he is called an d Littleton sect 180. 14 H. 7. 25 26. Cooks 1 Instit f. 119 b. Incumbent both by the Common and Canon Law from the word Incumbo because ●e ought diligently and wholly to apply himself to discharge these his Pastoral duties himself 1 Tim. 4. 15 16. Acts 6. 4. This duty of administring the Sacraments as well as preaching is so inseparably annexed to every Parochial Minister Vicar and Incumbent that e Appendicis A●rei l. 1. c. 11. sect 18. 20. p. 53. Jacobus de Graffiis f Ind. cap. Omnis in Glos executionem Jo. Andreas and other Casuists question whether Parochus potest assumere alium Sacerdotem in adjutorem pro administranda Eucharistia vel in offici● praedicandi vel aliis Resolving affirmatively that he may only for a season when himself by reason of sickness or multitude of the Communicants or other necessary occasions is unable to discharge those duties in person quia tunc necessitas legem non habet Non tamen possit per viam delegationis generalis committere alicui omnem suam curam quia videretur se exonerare Cum tamen debeat per se exercere With these Canonists the book of the Consecration of our English Ministers the Homelies touching the Use and Administration of the Sacraments The Book of Common Prayer and Administration of the Sacraments with the Rubricks therein the Articles of the Church of England Artic. 29 26. confirmed by several Protestant Parliaments the English * Fox Acts Monuments vol. 2 p. 388. 392. 393. 401 Injunctions of H. 8. Qu. Eliz. Reformatio Legum Ecclesiasticarum in King Edward the 6. his reign and the Canons of King James and the Convocation under him Can. 20 21 22 23. fully accord injoyning all Parsons Vicars Incumbents whatsoever to administer Baptisme and the Eucharist to their Parishioners at least * See Spelmani Concil p. 529 548 615 616 and my Suspention suspended p.

24 25 26. Giving receiving being ●olata all those Texts Laws that prove it the peoples duty to receive the Sacraments ●●o Nomine oblige the Minister to admit and deliver to them Posi●●o relatoru● po●i●●● alterum M● ●o● H●●●●ey A Second V●●cation of Fr● admission to the Lords Super p. 1●5 c. thrice every year in person as well as to preach Catechise and read Divine Service to them Memorable is that Passage in that Pathetical exhortation prescribed by the Church of England in the Book of Common Prayer to be used by all Ministers when they shall see the people negligent to come to the holy Communion viz. When God calleth you be you not ashamed to say ● will not come c. I for my part am here present and according to mine office I bid you in the name of God I call you in Christs behalf I exhort you as you love your own Salvation that ye will be partakers of this holy Communion c. And whereas you offend God so sore in refusing this holy banquet I admonish exhort and beseech you that unto this unkindnesse you will not adde any more which thing ye shall doe if ye stand by as Gazers and Lookers on them that do communicate and be not partakers of the same your self c. How many Ministers now a days preach direct dehortations from the Sacrament pointblanke against this Exhortation and their duties prescribed by God himself and no lesse than 6 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 th● same 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 deboutly and humbly desire it any Law Statute Ordinance or custom to the contrary hereunto in any wise notwithanding The Statutes of 2 and 3 Ed. 6. c. 1. 5. and 6. E. 6. c. 1. and 1 Fliz. 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 Sacraments of Baptisme and of the Lords Supper in such Order and form as is mentioned in the Book of Common Nota. Prayer And if any manner of Person Vicar or other whatsoever Minister that ought to minster 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 then is mentioned and s●t 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 Bayle or Mainprise 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 publikely 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 thereupon the Patron present a New Incumbent By all which Acts it is clearly resolved that every Parson Viccar Minister of a Porochial 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 Object 1. repealed by the Ordinances of both Houses prescribing the use of the Directory in place of the Book of Common Prayer and administration of the Sacraments Therrfore Ministers are not now obliged by them to administer the Sacraments to their Parishioners To this I answer 1. That no Ordinance of Parliament Object whatsoever especially to repeal or alter former Acts of Parliament can be made without the threefold consent of King Lords and Commons in Parliament an Act and Ordinance of Parliament being all one and requiring the self-same treble consent in Law as I have irrefragably proved at large in my Irenarches Redivivus printed An. 1648. against Sir Edward Cooks mistake and others in this point which threefold assent the objected Ordinances wanting are meer Nullities in Law and can no ways 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 Baptisme 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 beleeve 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 3ly The administration of the Sacraments being an * S●e Fox Acts and M●●uments vol. 2. p. 87 388 392 ●9● 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

A LEGAL RESOLUTION OF TWO Important Quaeres 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 Quaeres were newly propounded by some Clients August contr Cresconium Grammalicum l. 2. c. 10. Christiana sane in vobis Sacramenta cognosco et in ●is illud quoque diversum improbo acrespno quod cumeadem etiam in Schismate habeatis eadem Catholicis exufflatis Prorsus agnoscit in vobis Ecclesia cuncta quae sua sunt nec ideo non sunt ejus quia apud vos inveniuntur Apud vos quippe aliena sunt sed cum vos correctos recipit cujus sunt fiunt etiam salubriter vestra quae perniciose habebatis aliena Discordia vos possedit sub titulo pacis Ergo discordia pellatur pax introducatur LONDON Printed by F. L. in the Yeare 1656. A Legal Resolution of Two Important Quaeres of general present Concernment c. The Case and Quaeres propounded A. Is presented instituted inducted to the Vicaridge and Parish Church of B. having immediate and sole Cure of Soules the Rectory being impropriate and receives the whole Profits thereof from the Parishioners to whom ●e usually preacheth but yet after many friendly Sollicitations and Meetings peremptorily denieth publikely to administer the Sacraments of the Lords Supper and Baptism to the Major part of the Parishioners or to any of them as his Parishioners but only to some few in private as Members of his New gathered Congregation to the great Discontent Grief Injury of the Generality of the Parishioners Who thereupon desire to be resolved 1. Whether A. their Vicar by the Laws of England accepting of this Parochial Vicaridge and Cure and receiving the Profits thereof be not in point of Right Justice Law Equity Ex Officio mero obliged duly to administer the Sacraments publikely to the Parishioners in the Church at fitting and formerly accustomed times as well as to preach unto them and that in proper person if in health and required 2. Whether the Parishioners may not now legally prosecute A. for his obstinate peremptory refusal to administer the Sacraments publikely personally and duly to them To what penalties A. is lyable for this contemptuous neglect of his duty towards them And what Legal Course is best for the Parishioners to prosecute for their just relief herein in these distracted times The Resolution returned to the Propounded Case and Quaeres These Quaeres being of great Moment and Universal concernment to all Ministers Vicars and Parishioners throughout the Nation not debated to my knowledg in any printed Lawbooks or Reports I shall be more copious in the Resolution of them for my own Satisfaction as well as your Resolution whom they so much concern this being like to prove a leading Case to many others in like condition To your first Question I return this Answer 1. That it is the General received Opinion Resolution of all * In their Canons Tales Discourses Treatises De Clericis Pastoribus Sacerdotio Parocbia Sacramentis Ordinatione Minist●is et Ministerio Verbs Dei Baptismo Divinis Officiis c. Councils Fathers Canonists Casuists Schoolmen Divines Antient or Modern Papists or Protestants whether Lutherans Calvinists Presbyterians or Independents I have seen and the expresse Resolution of the Church of England both in antient modern Councils Synods Canons Injunctions the Book of Ordination Common Prayer Articles of Religion ar 23. 26. Homilies and late Directory That all Ministers Presbyters Priests whatsoever lawfully called and ordained are by Christs own Gospel Institution specially ordained injoyned as well to administer the Sacraments of Baptism and the Lords Supper to the People and Parishioners committed to their charge as to preach the Gospel to or Chatechise them and that as an Essential part of their Ministerial Function Which they at large evince from Mat. 28. 19 20. Mar. 14. 22. c. c. 16. 15 16. Luke 22. 19. c. 24. 47. John 3. 22 23. c. 4. 1 2. Acts 2. 41 42 46. c. 6. 4. c. 8. 12 13 36 38. c. 10. 48 c. 16. 15 33. c. 18. 8. c. 19. 4 5. c. 20. 7. 11. Luke 12. 42 43. 1 Cor. 1. 14 15 16. c. 9. 11. to 15. c. 10. 16. 21. c. 11. 20. to 34. c. 4. 1 2. Rom. 12. 6 7 8. Ephes 4. 11 12 13. Tit. 1. 7 8 9. Phil. 4. 17. Gal. 3. 1. 27. and other Texts Hence all the Protestant Princes States Cities and Divines in Germany in their Concordia Pia Confessio Fidei Doctrinae under all their hands and seals printed Lipsiae 1584. p. 188. define the Ministers Office commonly called Sacerdodotium by the Papists to be Ministerium Verbi Et Sacramentorum aliis porrengendorum Evangelical Bishops and Presbyters to be such p. 39. Quibus secundum Evangelium seu ut loquuntur de jure divino est commissum Ministerium Verbi et Sacramentorum And p. 15. Artic. 14. De Ordine Ecclesiastico docent Quod nemo debeat in Ecclesia publice docere aut Sacramenta administrare nisi ritè vocatus who when thus duly called to the Ministry ought as well to administer the Sacraments as to preach to the people as they there resolve p. 316. and elsewhere with whom all other Protestant Churches accord as you may read at large in the Harmony of Confessions Sect. 12 13 14 15 c. This likewise is the Resolution of our Statutes of 50 E. 3. c. 5. 1. Rich. 2. c. 15. 31 H. 8. c. 14. 32 H. 8. c. 44. 33 H. 8. c. 32. 1 Mariae c. 3. made in times of Popery and of the Statutes of 1 Ed 6. c. 1. 2 3 E. 6. c. 1. 5 6 E. 6. c. 1. 1 Eliz. c. 2. 8 Eliz. c. 1. 13 Eliz. c. 12. made in times of Reformation That Priests and Ministers ought ex officio mero to administer the Sacraments as well as preach to their People and thereupon these Later Statutes expresly stile all and every of them in particular A Priest or Minister of Gods holy Word and Sacraments in the copulative because they are obliged to minister both of them unto their Flocks upon all occasions both by the Lawes of God and the Land as they are Ministers 2ly As they are Parochial Ministers Vicars or Incumbents of Parish Churches they are precisely personally and indispensably obliged * See Pontifi●a●e Rom. De Ordinatione Presbyteri p. 41 42. 50 55 p. 458 Degradatio ab Ordine Presbytera●us Fox Acts and Monuments Vol. 2. p. 87. 109. ex Officio of meer duty and right to administer the Sacraments of the Lords Supper and Baptism to all their Parishioners who are legally

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