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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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c. 2. and upon the second conviction he is Ipso Facto deprived of all his spiritual Promotions and his Vicaredge and the Patron may present another 2. They may all after such refusal joyntly detain their Tythes and Duties demanded by him as their Vicar because by his own confession he was never legally instituted to discharge all the Duties of an Incumbent according to 13 Eliz. c. 12. and disclaims to own them as his proper Flock and Cure owning onely his Segregated Congregation for such in opposition and contradistinction to his Parish which they may plead in Bar of any Legal Action to recover his Dues this p disclaiming of them being a kinde of resignation of his Vicaredge and bar unto his Dues quia Beneficium propter Officium and if he be not their true real Parochial Vicar and do not his duty to them he hath no right to their Parochial dues nor yet unto the Glebe If he will muzzle their mouths * not tread out the corn to them at the Lord's Table they may also muzzle his mouth that he shall not eat of their Corn at his own or their Tables by way of retaliation Our * Law-Books resolve That if an Annuity be granted to a Lawyer Attorny or Physitian pro Consilio suo impenso impendendo if they stop or refuse to give the Grantors their Counsel when required or if A. grants an Annuity to B. for the use of a way and B. stops the way that hereupon the Grantors may justly stop and detain the Annuities being forfeited by their stoppage and refusal of their Counsel Advice or way granted and may plead the same in Bar of any Action at Law for these Annuities much more then may the Parishioners do it when their Vicar or Incumbent not only peremptorily refuseth to give them the Sacraments but disclaims to be their Vicar or Pastor in a Parochial and Legal way If they will reap all their temporal things and duties it is just they should sow and administer to them all their spiritual things and Nutriments if the Parishioners must not muzzle their mouths much less must they muzzle their Parishioners by keeping them back from the Lord's Table 1 Cor. 9. 10 11. Rom. 15. 17. 3. Every particular Parishioner grieved may by the Statutes of 13 E. 1. c. 24 25 50. have a special Action upon the Case against him at the common Law as I conceive since he can now have no remedy in any spiritual Courts as formerly being all suppressed by the self-same Reason as Executors and Legatees now sue at the common Law and in Chancery for such things such Legacies and Ministers for such Tythes and Duties as formerly they had no suit nor remedy for but in Ecclesiastical Courts alone else there should be a great failer of Justice and because no Ecclesiastical q Jurisdiction is now either wronged by nor can be claimed pleaded against such Actions there being none to take present conusans of them Or at least they way have a * special Action against him upon the Statutes of 1 Ed. 6. c. 1. 1 Eliz. c. 2. as well as upon the Statutes of Magna Charta c. 20. of Merton c. 10. and other Acts 4. I conceive the Patron himself from the forecited Reasons of Littleton's Cases of Frankalmoigne Sect. 136 137. and of Conditions in Law Sect. 378 379. upon the Vicars refusal to own the Parishioners and administer the Sacraments to them as his Flock for which end the Glebe and Duties thereunto belonging were first given by the Patron and his Tenants to the Vicar and his Successors as well as to preach may justly enter upon him for breach of this Condition in Law out him of the Glebe and Vicaredge and bestow them on some other by his immediate deed of Collation and Livery of Seisin without any Presentation as * free Chappels used to be and are still collated and that upon this Legal Ground r because Patrons originally had the sole right of collating inducting instituting Clerks and Incumbents to their Churches without the Bishops special license as they conferred other Freeholds to their Tenants by their own immediate grants and liveries till Bishops and Ordinaries by sundry Canons extorted by degrees this Jurisdiction from them ingrossing the power of approving admitting instituting and inducting Clerks into Parochial Churches by degrees into their own hands Which Bishops with their Canons Ordinances being now suspended or abrogated in England and their ancient Jurisdiction by no express Act of any real Parliament legally transferred to any other Ecclesiastical or Civil Jurisdiction thereupon the Patron 's original right of collating Benefices by immediate grant and livery and outing the Incumbent thereof as Patron s and Visitor of the Church for not administring the Sacrament and discharging his pastoral Office is * revived resetled in him by Law So as he may now justly enter put out or deprive the Vicar as the Bishop and Ecclesiastical Courts might formerly have done there being no other Legal Ecclesiastical Powers here extant to depose him which the Marginal Law-Books with other Authorities will cleer compared with 21 E. 3. 46. 13 E. 4. 8 9. Br. Extinguishment and Reviver 16. 46. Cooks 1 Instit. f. 319 338. 24. E. 3. 72. Bro. Escheat 9 19 and 13 E. 1. c. 25 50. 5. I conceive a special Writ may be framed and directed to the Vicar commanding him to administer the Sacraments to his Parishioners according to his Pastoral duty and the Laws and Customes of England and if then he refuse to do it thereupon he may be fined attached ejected for this contempt and that upon this Ground Our King heretofore being * 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 Prelates Priests Ministers persons under them to discharge those Offices Duties which the Laws themselves and their Offices engaged them to perform This is evident not only from the examples of Solomon Jehosaphat Hezekiah Josiah Ezra and other godly Kings and Governours in Scripture who appointed the Courses of the Priests and Levites to be in the Temple commanded them to wait upon and execute their Offices in every particular according to their charges to offer Sacrifices praise and minister before the Lord as the duty of every day required to kill and prepare the Passeover for the people but likewise by special Proclamations Edicts commanded both Levites Priests people to keep celebrate and eat the Passeover a Type of the Lords Supper which succeeds it when they had neglected it sundry years 1 Chron. 24. 2. Chron. 8. 14 15. c. 13. 10 12 18. c. 29. 16 to 35. 30. 3 16 24. c. 35. 2 to 18. Ezek. 6. 18 to 22. But also 1. From the Elegant t Oration of King Edgar to