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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

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the one and clense the other as they ought The several e Pat. 14 E. 1. pars 1. dors 2. Pat. 18 E. 1. m. 4. 5. dors 8 9. 44 Claus 4. E. 3. m. 2. Claus 11. E. 3. pars 2. m. 10 Claus 48. E. 3. m. 22. Claus 10. E. 3. m. 28. Writs to Sheriffs and others to repair Highways Bridges Walls Seaba●ks and the like extant in the Clause and Patent Rolls before any Statutes made for their repair The Writs f Fit Nat. Bre. f. 228 229. 163 164. De reparation ● facienda De Curia claudend Quod permittat to particular persons to repair Houses and fences when they neglect to do it and are bound thereto by Law and to enjoy their Commons rights c. with manyother Writs of this Nature to temporal Officers persons By these ensuing Writs to Ecclesiastical persons as namely the usual Writs to Bishops g Fit Nat. Bre f. 38 39. 63. 64 65. and the Register of Writs Ad admittendum Clericum De Cautione ad●i●tenda to inforce them to admit Clerks and absolve excommunicate persons upon caution tendred when they refused to doe it against Right and Law To which I shall add Claus 24. E. 1. dors 10. and 8. Claus 3● E. 1. dors 9. Claus 33. E. 1. dors 16 Claus 34. E. 1. dors 10. Claus 8. E. a. m. 25. Claus 20. E. 2. dors 16. 11. Claus 7. E. 3. pars 2. m. 4. Where several Writs are directed to the Bishops and Clergy men to make special Prayers and Supplications for the King and his Children the Nobles and State of the Realm upon several occasions in times of war and danger to make special Thanksgivings for Victories and intercessions for eminent persons Souls departed as they were then obliged to do in those times of Superstition But that which comes nearest to our case and is the same in substance Confirmation and Crisme being formerly reputed * See Lyndew ed Summa Angelica Rosella Thomas Z●r●la Praxis Episcopal 1 Tit. Crisma Confirmatio Sacramentum Sacraments amongst us in times of Popery is this memorable case recorded in Rot. Claus An. 26. E. 3. The Bishop of Exeter would have visited the Church of St. Burian in Cornwall founded by King Arthur and exempted from Episcopal jurisdiction whereupon they opposing his Visitation the Bishop interdicted the Parish and refused to give them oyl and crisme to baptize their Infants or to confirm their Children Vpon complaint whereof to the King there issued a writ out of the Chancery to the Bishop commanding him to absolve them Confirmare parvules Crisma mittere to confirm their Children and send them Crisme to baptize their Infants This Record was vouched and shewed to the Judges of the Kings Bench Mich. 17 Jacobi upon this occasion The Parishioners of a Village in Kent elected a Churchwarden according to their ancient Custom but the Bishops Official refused to admit him whereupon the Parishioners by Mr. Noy their Counsell moved in the Kings Bench for a Writ and Mandamus to the Official to admit the Church-warden or if he did not to shew good cause to the Court why he refused to do it which the Court upon view of this president granted them and upon it the Church-warden was admited to his Office If then our Kings and their Courts of Chancery and Kings Bench might enjoyn this Bishop and this Official by special Writs and Mandates to absolve these interdicted Parishoners confirm their Children and send them Crisme to baptise their Infants and to admit the Churchwarden the others had chosen according to their duties by the Statutes of 13 E. 1. c. 24 25 50. forecited or by their own inherent jurisdiction without any special Act of Parliament being things to which they were obliged by our Laws their very offices duties to perform Then by the self same Law and reason may our Kings and Courts of Iustice upon all occasions by virtue of these Statutes whereon these writs were principally grounded issue forth the like writs and mandates to all Ministers and Vicars who refuse personally to baptize or deliver the Lords Supper to their Parishioners at due and accustomed seasons or to admit them freely to those Sacraments according to their bounden duties to which their very Office with the Lawes of God and the Realm oblige them unlesse they can shew a legal cause to the contrary as none of them can do and in case they refuse to do it they may thereupon be attached fined imprisoned till they doe conform and assent to do it as well as in the Case of a * 37 H 6. 14 Broke Quid Juris clamat 18. Imprisonment 26. 3 E. 3. Per quae servitia Fitzh 17. Ash At tornment 9. 12. Quid Juris clamat or Per quae servicia by which any tenant where he is bound and adjudged by Law to attorn refuseth to do it shall be imprisoned till he actually attorn in proper person not by Deputy which the Law will not admit it being a personal duty not performable by any other I shall conclude this with that memorable Record of Pat. 8. E. 1. m. 27. where the King by his writs commanded all his Sheriffs Bayliffs and Lieges effectually to summon admonish and induce all the Jews within their Bayliwicks diligently to meet together to hear Gods word preached to them by the Friers Predicants without tumult contention or blasphemy and not to hinder any Jews from Conversion whose hearts God should please to convert As you may read at large in the Second Part of my Short Demurrer to the Iews long discontinued Remitter into England p. 87 88. And if our Kings by their Writs might lay such Injunctions on the Vnbelieving English Iews much more may they enjoyn all English Ministers to administer the Sacraments to their people and they for to frequent and receive them especially when so long discontinued neglected slighted denyed to Gods dishonour Religions scandal our Churches infamy good Christians greatest grief the grand increase of Impiety Prophanesse Scisme and decrease of Christian Amity Unity Zeal that cordial Brotherly love and sweet Communion which was between Ministers their people between privat Christians hertofore when Sacraments were more frequent Finally If any Parson or Vicar for 2. years space refuse and cease to administer the Sacraments to his Parishioners as many of late times have done I conceive a Writ of Cessavit will lie against him by the Patron upon the Stat. of West 2. 13. E. 1. c. 41. as Fitzh Natura Brev. f. 209. L. 5. E. 3. 25. b. Register f. 238. Fit Cessavit 12. 18 24. 12. H. 4. 24. 45 E. 3. 10. Ploud fo 58. Cook 4. Rep. f. 118. 11 Rep. f. 63. 2. Instit f. 460. more then intimate if not ful●y resolve These Legal remedies if pursued in a just Christian way may through Gods blessing reduce many refractory Parochial Ministers and Vicars to the due