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

conceive the Grieved Parishioners may releive themselves and either reclaim or remove their Vicar if obstinate by these Legal Proceedings at the Common Law there being now no Ecclesiastical Court Jurisdiction or Commission extant wherein or whereby to right them 1. They may once more in a Christian friendly manner for I would have no violent courses used if Christian Intercessions may prevall repair to their Vicar before the first Lords day of the next month and so in succeeding Moneths and importune him to deliver the Sacrament to such of them publikely in the Parish Church as he cannot charge with any Scandal or Ignorance to baptize their children according to his duty else to resign his place to such a Godly Minister as will constantly do it And if he peremptorily and frowardly deny to do either or to allow such other able Minister as the Parishioners shall make choice of to perform these duties to them they may then o Mr. Burroughs did so at Colchester by my advice only for denying him the Sacrament because he would not receive it at the New Rayl See My Quenchcole at the end publikely indict him for it upon the Statutes of 1 E. 6. c. 1. and 1 Eliz. 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 Tithes 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 Flocke and Cure owning only his Segregated Congregation for such in opposition and contradistinction to his Parish which they may plead in Barre of any Legal Action to recover his Dues this p See Cooks 1 Instit f. 101. 102. 362 363. Hrooks Fitz. Tit. Dsclaimer disclaiming of them being a kinde of resignation of his Vicaredge and barr● unto his Dues quia Beneficiunt propter officium and if he be not their true real Parochial Vicar and do not his duty to them he hath no right to 〈…〉 Parochial dues nor yet unto the Glebe Our * a 1 E. 3. 7. 41 E. 3. 6. 19. 38 H. 6. 20. 39 H. 6. 22. 5 E. 4. 5. 15 E. 4. 3. 20 E 4. 18 19. Brooke Annuity 7 8 25 28 29. Condition 45 Dyer 6 H. 8. 2. 6 E. 6. f. 76. Sir John Davis Reports f. 1. b. Law Books resolve that if an Annuity be granted to a Lawyer Attorney or Physitian pr● Consilio suo impenso et impendend● 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 Barre of any Action at Law for these Annuityes Much more then may the Parishioners do it when their Vicar or Incumbent not only refuseth peremptorily to give them the Sacraments but disclaims to be their Vicar or Pastor in a Parochial and Legal way 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 Common Law and in Chancery for such things such Legacies and Ministers for such Tithes 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 See Brooks and Fitz. Tit. Conusance and Jurisdiction Jurisdiction is now either wronged by nor can be claimed pleaded against such Actions there being none to take present conusans of them 4. I conceive the Patron himself from the forecited reasons of Littletons 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 〈…〉 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 * Sir John Davis Reports f. 46. b. 2 Jacob Fa●rch●l●s c●se Cooks 1 Instit f. 344 ● Wests Presidents Grants 337 354 Free Chappels used to be and are still collated and that upon this legal ground r See Mr. Seldens History of Tithes ch 6. sect 2. ch 9. sect 4. My I●● Patrona us p. 15 6. because Patrons originally had the sole right of collating inducting instituting Clerks and Incumbents to their Churches without the Bishops speciall license as they conferred other Freeholds to their Tenants by their own immediate grants and liveries till Bishops and Ordinaries by sundry Cannons extorted by degrees this Jurisdiction from them ingrossing the power of approving admitting instituting and inducting Clerks into Parechial Churches by degrees into their own hands Which Bishops with their Canons Ordinances being now suspended or abrogated in England and their antient Iurisdiction by no expresse Act of any real Parliament legally transferred to any other Ecclesiastical or Civil Jurisdiction thereupon the Patrons original right of collating Benefices by immediate grant and livery and o●ting the Incumbent thereof as Patron s and Visitor of the Church for not administring the Sacraments ● 8 E. 3. 69 70. 8 Ass 29. 31. Cooks 1 Inst●t f. 344 ● F●tz Natur. B ev 35 A. 42. a. b. 6. H. 7. 14. a. Dyer 273. b. Co. 11. Rep. 99. b. Fit Brief 660. 27 E. 3 85. a. 30 E. 3. 10. a. 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 Ecclesixstical 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 clear 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. 13. E. 1. c. 25. 50. 5ly 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 Customs of England and if then he refuse to do it thereupon he may be Fined Attached ejected for this contempt

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 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 Clients August contr Cresconium Grammalicum l. 2. c. 10. Christiana sane in vobis Sacramenta cognosco et in ●is illud quoque diversum improbo acrespno quod cumeadem etiam in Schismate habeatis eadem Catholicis exufflatis 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 Yeare 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 Soules the Rectory being impropriate and receives the whole Profits thereof from the Parishioners to whom ●e usually preacheth but yet after many friendly Sollicitations and Meetings peremptorily 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 Parishioners 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 point of Right Justice Law Equity Ex Officio mero obliged duly to administer the Sacraments publikely to the Parishioners in the Church at 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 his 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 Lawbooks 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 * In their Canons Tales Discourses Treatises De Clericis Pastoribus Sacerdotio Parocbia Sacramentis Ordinatione Minist●is et Ministerio Verbs Dei Baptismo Divinis Officiis c. Councils Fathers Canonists Casuists Schoolmen Divines 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 ar 23. 26. Homilies and late Directory That all Ministers Presbyters Priests whatsoever lawfully called and ordained are by Christs own 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 Chatechise 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 22. 19. 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. 21. c. 11. 20. to 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 Sacerdodotium by the Papists to be Ministerium Verbi Et Sacramentorum aliis porrengendorum Evangelical Bishops and Presbyters to be such p. 39. Quibus secundum Evangelium seu ut loquuntur de jure divino 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 elsewhere with whom all other Protestant Churches accord as you may read at large in the Harmony 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 Priests 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 Lawes 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 * See Pontifi●a●e Rom. De Ordinatione Presbyteri p. 41 42. 50 55 p. 458 Degradatio ab Ordine Presbytera●us Fox Acts and Monuments Vol. 2. p. 87. 109. ex Officio of meer duty and right to administer the Sacraments of the Lords Supper and Baptism to all their Parishioners who are legally

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 2 place That they are now admitted Object 2. to Parochial cures only to preach the Gosple 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 formes of Answer admissions and Institutions used they are meerly void in Law by the expresse resolution of the Statute of 13 Eliz 6. 12. and the other forecited 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 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 those Pastoral Duties to which the Lawes of God and the Land oblige them We lately decryed it as an impious Solecism excuse in our old lazie non-preaching Parsons and Vicars that they alledged they were instituted only to read Common Prayers Homilies and administer the Sacraments but not to preach to their Parishioners In the Bishop of * Fox Acts and Monuments Vol. 2. p 614. 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 Baptize 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 strayed 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 Laundresse affirm she was hired only to make 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 cudgel 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 others of their Brethren should thus juggle with them to their faces as openly to affirm they took the sole cure of their souls only to reap all their Dues Tithes and to feed them with Gods word in the Pulpit of which the * Mat. 28. 19 20. Acts 26. ●8 c. 15. 3. c. 21. 22. 2 Tim. 4. 17. unconverted unbaptized Heathens are capable as wel 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 cat●chize their younger Parishioners Yea that they took upon them their Pastoral Cure only to shear their ●leeces but not to own them as any part of their Church or Flock or discharge the duty of a Pastor towards them unlesse they will unmodle themselves from a Parochial Church into a private Congregational conventicle Those who have hearts of * Eze. 3. 9. Zech. 7. 22. 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 practises in all ages Churches to our blessed Saviours own practise precepts and his description of a true and good Shepherd John 10. yea to the definition of a true * See Dr. John White and Dr. Fei●d of the Church visible Church wherein the Word of God is truly preached and the Sacraments duly administred may justly fear they are no true Shepherds 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 1 Pet. 2. 3. Hebr. 13. 20. chief Shepherd 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-ways thereby making the very * 1 Cor. 11. 26. to 33 1 Cor. 10. 16 17. Sacrament ●f Christian love and union a meer Seminary of Scisme contention division seperation And because they entered 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 Heatheus than a Christian Church till new minted into a segregated Congregations collected out of sundry Parishes though never so remote but not to give the Sacraments to them upon any terms h Mat. 23. 23. Lu. 11. 42. 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 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 Object 3. give the Lords Supper sometimes to his Parishoners 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 Answer 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 admited only to preach a meer fiction 3ly If he refuse to do it himself out of conscience as a thing utterly unlawfull in his Iudgement for him to administer to his Parishioners whiles in a Parrochial way with what conscience can he hire another to doe that in his behalf and right which himself holds sinfull unlawfull for himself to doe Doubtlesse a sincere purely tender

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