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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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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 to 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 Clyents August contr Cresconium Grammaticum l. 2. c. 10. Christiana sane in vobis Sacramenta cognosco et in his illud quoque diversum improbo ac respuo quod cum eadem etiam in Schismate habea●● eadem Catholicis ex●fflatis 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 Year 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 Souls the Rectory being impropriate and receives the whole Profits therof from the Parishioners to whom he usuall preacheth but yet after many freindly Sollicitations and Meetings peremtorily 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 Parishoners 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 ●oint of Right Justice Law Equity Ex Officio mero obliged duly to administer the Sacraments publikely to the Parishioners in the Church as 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 h●s 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 Law-books 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 * Councils Fathers Canonists Casuists Schoolmen Divinis 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 A. 23. 26. Homilies and late Directory That all Ministers Presbyters Priests whatsoever lawfully called and ordained are by Christs one 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 Catechise 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 14. to 25. c. 17. 37. 22. 1● 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 22. c. 11. 20. ●● 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 Sacerdotium by the Papists to be Ministerium Verbi Of Sacramentorum aliis porrigendorum Evangelical Bishops and Presbyters to be such p. 39. Quibussecundum Evangelium sou ut loqunntur de jure divin● 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 elswhere with whom all other Protestant Churches accord as you may read at large in the Harmonie 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 Preists 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 Laws 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 * ex Officio of meer duty and right to administer the Sacraments of the Lords Supper and Baptism to all their Parishioners who are legally qualified and desire the same publ●kely 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 Statu tes and Authorities Cardinal Hostiensis in his Summa l. 3. Tit. de Parrochiis