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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.

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