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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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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.
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