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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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. Parochia Goffriàus Abbas Tit. Parrochi● 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 Parochiam ad ejus curam deputatam ad quam convenit populus * 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 i nt because it 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 o the comfort and consoliation of their Parishioners is most requisite and ●ehovefull So that Parish Churches so stiled because originally built by the Patrons and Parishioners for their ease use benefit and the use of and ast; seats in them are still in the Patron Parish who repair them were originally built and ast; 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 Paliament and Statute resolve to which the Statute of 1 Jacobi ch. 30. For errecting 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 Par●chial he his 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 Lawyer a Angelus de Clavasio and b Franciscus Zerula thus describe the Office of a Parish-Priest or Vicar Parochi officium est Primo praedicare Pueros rudimenta fidei et obedientian docere Vim et usum Sacramentorum exarare populo oves sass agnoscere et bono exemplo pascere Sacramenta administrare c. c Rebuffus thus seconds them Ecclesia Parochialis dicitur Beneficium saeculare et cum administratione Quia Curatus tenetur ministrare Sacramenta Ecclesiastica c. aliaque opera Parochianos tangentia facere tenetur And he is called an d Incumbent both by the Common and Canon Law from the word Incumbo because he ought diligently and wholly to apply him self to discharge these his Pastoral duties him●elf 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 Jacobus de Graffiis f Jo. Andreas and other Casuists question whether Parochus potest assumere alium Sacerdotem in adjutorem pro administranda Eucharistia vel in officio 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 Homilies 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. 23 26. confirmed by several Protestant Parliaments the English * Injunctions of H. 8 Qu. Eliz. Reformatio Legum Ecclesiasticarum in King Edward the 6. his reign and the Canons of K●ng James and the Convocation under him Can. 20 21 22 23. fully accord injoyning all Parsons Vicars Incumbents whatsoever to administer Baptism and the Eucharist to their Parishioners at least * thrice every year in person which they used to administer ever● Lords day to the people in the primitive Church as I have elsewhere prov'd at large 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 B●ok of Common Prayer to be used by all Ministers when they shall see the people negligent to come to the ho●y Communion viz. when God calleth you be you not ashamed to say I will not come c. I for my part am here pesent 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 do if ye stand by as Gazers and Lookers on them that do communicate and be not partake●s of the same your self c. How many Ministers now a days preach direct dehortations from the Sacrament pointblank against this Exhortation and their t●●s prescribed by God and Christ himself 1 Cor. 11. 24 25. This do as oft as ye do eat and drink ●t ●n remembrance of me and no lesse than 5 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 the sam● 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 devoutly and humbly desire it any Law Statute Ordinance or custom to the contrary hereunto in any wise notwithst●nding The Statutes of 2 and 3 Ed. 6. c. 1. 5. and 6 E. 6. c. 1. and 1 Eliz. c. 2. enact and ordain That all and singular Ministers in any Cathedral or parish-Parish-Church shall be bound to say and use the celebration of the Lords Supper and administration of the Sacrament of Baptism and of the Lords Supper in such Order and form as is mentioned in the Book of Common Prayer And if any manner of Parson Vicar or other whatsoever Minister that ought to mi●ister the Sacraments shall refuse to minister the Sacraments in such Cathedral or parish-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 than is mentioned and set 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 Bayl or Main●rise 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 publickly 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 there upon the Patron prese●t a New Incumbent By all which * Acts it is clearly resolved that every Parson Viccar Minister of a Parochial 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 repealed by the Ordinance of both Houses prescribing the use of the Directory in place of the Book of Common Prayer and administration of the Sacraments Therfore Ministers are not now obliged by them to administer the Sacraments to their Parishioners To this I answer 1. That no Ordinance of Parliament whatsoever especially to repeal and alter former Acts of Parliament can be made without the three fold consent of King Lords and Commons in Parliament an Act and Ordinance of Parliament being all●ne and requiring the self same treble consent in Law as I have irrefragably proved at large in my I●enarches Redivivus printed Anno 1648. against Sir Edward Cooks and other mistakes in this point which threefold assent the objected Ordinances wanting are meer Nullities in Law and can no waies 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 Baptism 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 believe 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 3. The Administration of the Sacrament being an * 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 all other Christian Churches as I have proved admit these Statutes all repealed yet they are still obliged by their very Office and Pastoral Function to administer the Sacraments to their Parishioners and therefore liable to Divine and humane punishments for contempt or neglect thereof If any object in the second place That they are now admitted to Parochial cures only to preach the Gospel in their Parish Churches but not to administer the Sacraments to their Parishioners as formerly I answer 1. That if there be any such new forms of admissions and institutions used they are meerly void in Law by the expresse resolution of the Statute of 13. Eliz. c. 12. and the other forcited Acts And Ministers thus admitted are but only bare Lecturers not Parsons Vicars or Incumbents by our Laws so the Church still void notwithstanding such admissions which are only to one part of their ministerial Function not to all their spiritual cure 2ly Such admissions to cures are strange