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church_n	bishop_n	degree_n	presbyter_n	2,696	5	10.0082	5	false

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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

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

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

monstrous Impostures Hypocritical Delusions yea grosse Absurdities execrable to God and all honest Christian men enabling Ministers to receive the whole Tithes Dues of their Parishioners yet exempting them from the moity at least of their Pastoral Duties to which the Laws of God and the Land oblige them We lately decryed it as an impious Solecism excuse in our old lazy non-preaching Parsons and Vicars that they alleged they were instituted only to read common P●ayers Homilies and administer the Sacraments but not to preach to their Parishioners In the Bishop of * Dunkelden and other Lordly Prelats that they were ordained Bishops only to govern the Church confirm and ordain Ministers but not to preach or administer the Sacraments And shall we now after all our late pretences of Reforming their abuses and declamations against their Idlenesse admit our New Parochial Incumbents to plead they are only half-Ministers bound solely to preach but not to Baptise administer the Lords Supper Catechise visit the sick Marry Bury as all their Predecessors did If any Gentlemans hired Shepherd should neglect to fold his Sheep or look them out when stray'd and then plead he was only bound by his office to feed keep them in their pasture Or if his hired Cook should tell him that as his Cook he is bound only to boyl but not to rost his meat or bake his Venison or should his Laundress affirm she was hired only to m●ke his Bed and sweep his Chamber but not to wash his Linnen or starch his bands or cuffs Or his Groom maintain he was by his place obliged only to dress his horses give them hay but not to water or carry them their provender would not all deride these their absurd irrational allegations and their Master cudgell them to the performance of all the parts of their respective duties or else turn them presently out of Service And will God or men then indure that their Ministers of the Gospel especially when pretending extraordinary eminency Diligence and Saintship above other of their Brethren should thus juggle with them to their faces as openly to affirm they took the ●ole cure of their souls only to reap all their Dues Tithes and to feed them with Gods word in the Pulpit of which the * unconverted unbaptized heathens are capable as well as Christians but not with Christs Sacramental body or bloud at the Lords Table whereto professed Christians only have a right 1 Cor. 10. 16. to 20. c. 11. 22. to the end To instruct their aged but not baptize their Infant or catechize their younger Parishioners Yea that they took upon them their Pastoral Cure only to shear their fleeces but not to own them as any part of their Church or ●lock or discharge the duty of a Pastor towards them unlesse they will unmodel themselves from a Parochial Church into a private Congregational conventicle Those who have hearts of * Adamant or faces of Brasse Publikely to make such an untheological irrational illegal unministerial Plea as this so diametrically contrary to the very essence of their Pastoral Function duty and to their painfull Predecessors practices in all ages Churches to our blessed * Saviours own prastice precepts and his description of a true and good Shepard John 10 yea to the definition of a true * visible Church wherein the word of God is truly preeched and the Sacraments duly administred may justly fear they are no true Shepards but rather theeves robbers hirelings because they withhold from their flocks the Sacrament of their Spiritual Regeneration yea the Body Bloud Cup of our Lord Jesus Christ the g chief Shepard of the Sheep who bequeathed it to them as their chiefest Legacy at his death though themselves stile and confesse them to be the very * seals of the Covenant of Grace which they hold forth unto them only as a Blank without a Seal refusing to set these Seals unto it when importuned by their people upon any terms but conformity to their own new Church-wayes thereby making the very * Sacrament of Christian love and union a meer Seminary of Schism contention division separation And because they entred not by the door into the Sheepfold that is by any legal form of admission to their whole pastoral cure but climbed up some other new way only to preach unto their people rather as to a company of unconverted Heathens than a Christian Church till new minted into a segregated Congregation collected out of sundry Parishes though never so remote but not to give the Sacraments to them upon any terms h which they ought to do yet not to leave their preaching undone which though it be the first and chiefest part of their Ministry yet it is not the quarter part of their Pastoral function as Scriptures and our Laws resolve If A. object that he hires another to baptize and give the Lords Supper sometimes to his Parishioners though he do it not himself his judgement and conscience being to the contrary I Answer 1. This is a clear confession that it is a part of his own duty else why should he hire another to discharge it in his stead 2. This proves the former Objection that he was admitted only to preach a meer fiction 3. If he refuse to do it himself out of conscience as a thing utterly unlawfull in his Iudgement for him to administer unto his Parishioners whilest in a Parochial way with what conscience can he hire another to do that in his behalf and right which himself holds sinfull unlawfull for himself to do Doubtlesse a sincere purely tender conscience will never hire or authorize any other to discharge that office for him which himself holds utterly unlawfull unevangelicall nor dare accept or retain a Parochial Cure upon any terms to gain the fleece so long as he disclaims the constitution as Antichristian and the flock as none of his Pasture sheep 4ly Such a poor tender conscience would rather resign its Parochial charge to avoid all appearance of evill of scandal and still the checks arising in it that grieve the Spirits wound the consciences or disquiet the Peace of the generality of his Parishioners by the personal neglect of his duty in not communicating with them at the Font and Lords Table as his real flock or as one speritual bread and body with them as he ought to do 1. Cor. 10. 16 17. and that only upon this ground because they will not conform to the new Independent Guarb against our Lawes for which they can produce no text no colour of Authority from scripture Antiquity or reason to warrant the seclusion of any from the Sacraments that are under their Parochial cure 5ly The discharge of this part of his duty by such a person or in such a manner as gives no satisfaction to our Lawes nor his parishioners is no Satisfactory plea before Gods or mans tribunal since he can no more conscientiously

To which I shall add Claus. 24. E. 1. dors 10. 8. Claus. 32. E. 1. dors 9. Claus. 33. E. 1. dors 16. Claus. 34 E. 1. dors 10. Claus. 8. E. 2. m. 25. Claus. 20. E. 2. dors 10 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 Cart. 16. Joan. dors 10. A VVrit to the Chapter of York not to elect S. de C. for their Archbishop quia esset contra honorem nostrum oommodum Regni nostri Pat. 18. H. 3. m. 17. Claus. 26. H. 3. m. 12. Pat. 29. H. 3. dors 5. Pat. 9. E. 1. m. 2. Pat. 25. E. 1. pars 1. m. 9 10. Pat. 8. Joan. m. 1. where King John Henry 3 and Eward 1. by their special Writs prohibited the Archbishops Bishops and Clergy in their Counsels and Synods to do act enact or assent to any thing concerning their Crowns Person State Counsel or against their royal Crown Dignity or the Rights of the Realm of England and to revoke suspend the Counsels and Convocations summoned by the Archbishop under pain of forseiting all their goods and seisure of their Baronies Claus. 41. H. 3. pars 1. dors 5. A VVrit to Walter Bishop of Duresm reciting That none ought to judge the Laws of the Realm but the King and his Nobles and Judges that if he presuming on his Royal Liberties did otherwise ipsas Libertates regales ad nos per vestrum abusum censemus devolvendas Claus. 16. E. 1. dors 2. A VVrit to the Bishop of London injoyning him no longer to permit any persons to come and worship quandam Tabulam having divers pictures in it and the Earl of Lancansters amongstothers which they worshipped and adored tanquam rem sine sanctum absque authoritate Ecclesiae Romanae with sundry such-like Writs to Bishops and Clergy-men in our Records the grounds whereof extend to our present case And Claus. 4. H. 3. m. 10. A VVrit of prohibition to the Archbishop of York not to excommunicate some who hurt and molested the Cruce-signati because the Cruce-signati had no title to the Lands But that which comes neerest to our case and is the same in substance Confirmation and Chrism being formerly reputed * Sacraments amongst us in time 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 Cornwal 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 chrism to baptize their Infants or to confirm their children upon complaint whereof to the King there issued a Writ out of the Chancery to the Bishop commanding him to absolve them confirmare parvulos chrisma mittere to confirm their Children send them Chrism to baptize their Infants This Record was vouched and shewed to the Judges of the King Bench Mich. 17 Jacobi upon this occasion The Parishioners of a Village in Kent elected a Church-warden according to their ancient custom but the Bishops Official refused to admit him whereupon the Parishioners by M. Noy their Counsel moved in the Kings Bench for a Writ and Mandamus to the Official to admit the Churchwarden 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 Churchwarden was admitted 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 Parishioners confirm their Children send them Chrism 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 Justice upon all occasions by vertue 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 accustomed seasons or to admit them freely to those Sacraments according to their bounden duties to which their very Office with the Laws of God the Realm oblige them unless 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 do conform and assent to do it as well as in the Case of a * Quid Juris clamat or Per qua 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 Pa● 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 God's 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 2 Part of my short Domurrer to the Jews long discontinued Remitter into England p. 87 88. And if our Kings by their Writs might lay such Injunctions on the unbelieving English Jews much more may they enjoyn all English Ministers to administer the Sacraments to their people and not to hinder any of them from this * means of their spiritual conversion as well as confirmation and likewise command the people diligently to frequent and receive them especially when so long discontinued neglected slighted denied to Gods dishonor Religions scandal our Chuches insamy good Christians greatest grief the grand encrease of impiety prophaness schism and decrease of Christian amity unity zeal that cordial brotherly love and sweet communion which was between Ministers and their people and between private Christians heretofore when Sacraments were more frequent Finally If any Parson or Vicar for 2 yeers space refuse and cease to administer the Sacrament to his Parishioners as many of late times have done I conceive a Writ of Cessavit will lie against him by the Patron