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 Paâ— 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
holy banquet I admonish exhort and beseech you that unto this unkindnesse you will not adde any more which thing ye shall do if ye stand by as Gazers and Lookers on them that do communicate and be not partakeâ—s of the same your self c. How many Ministers now a days preach direct dehortations from the Sacrament pointblank against this Exhortation and their tâ—â—s prescribed by God and Christ himself 1 Cor. 11. 24 25. This do as oft as ye do eat and drink â—t â—n remembrance of me and no lesse than 5 Acts of Parliament which thus back the premises The Statute of 1 E. 6 c. 1. in the very beginning of Reformation and yet in force enacts That the blessed Sacrament be hereafter commonly delivered and ministred unto the people within the Church of England and Ireland other the Kings Dominions under both the kinds of bread and wine That the people present shall receive the same with the Priest which shall administer the samâ— who shall at least one day before exhort all persons which shall be present likewise to resort and prepare themselves to receive the same and when the day prefixed commeth after a godly exhortation by the Minister made the said Minister shall not without a lawfull cause deny the same to any person that will devoutly and humbly desire it any Law Statute Ordinance or custom to the contrary hereunto in any wise notwithstâ—nding The Statutes of 2 and 3 Ed. 6. c. 1. 5. and 6 E. 6. c. 1. and 1 Eliz. c. 2. enact and ordain That all and singular Ministers in any Cathedral or Parish-Church shall be bound to say and use the celebration of the Lords Supper and administration of the Sacrament of Baptism and of the Lords Supper in such Order and form as is mentioned in the Book of Common Prayer And if any manner of Parson Vicar or other whatsoever Minister that ought to miâ—ister the Sacraments shall refuse to minister the Sacraments in such Cathedral or Parish-Church or other places as he should use to minister the same in such Order and form as they be mentioned and set forth in the said Book or shall wilfully and obstinately standing in the same use any other Rite Ceremony order form or manner of administration of the Sacraments than is mentioned and set forth in the same Book That upon his lawfull conviction thereof by verdict of 12 men or by his own confession or by notorious evidence of the fact he shall lose and forfeit to the King his Heirs and Successors for his first offence one whole years profit of his benefice or Spiritual promotion and also suffer imprisonment for 6 months without Bayl or Mainâ—rise and for his second Offence be ipso facto deprived of all his spiritual promotions and likewise suffer one whole years imprisonment and for his third offence suffer imprisonment during life The Statute of 13 Eliz. c. 12. enacts That none shall be made Minister or admitted to preach or minister the Sacraments being under the age of 24 years That every person admitted to any benefice with Cure shall publickly read the Articles of Religion in the same Church whereof he shall have the cure in the time of the Common Prayer there with Declaration of his unfeigned assent thereto and be admitted to minister the Sacraments within one year after his induction or else upon every such default he shall be ipso facto immediately deprived and there upon the Patron preseâ—t a New Incumbent By all which * Acts it is clearly resolved that every Parson Viccar Minister of a Parochial Church is admitted thereunto as well to administer the Sacraments as to preach and peremptorily obliged frequently constantly to do it in person as a principal duty of his Function and Pastoral cure under pain of forfeiting of the profits of his Benefice Imprisonment and Deprivation for his contempt and neglect thereof by these expresse Statutes of our Protestant Parliaments as well as by our Canons Convocations Divines and the whole Church of England If any Object that these Statutes are now abrogated repealed by the Ordinance of both Houses prescribing the use of the Directory in place of the Book of Common Prayer and administration of the Sacraments Therfore Ministers are not now obliged by them to administer the Sacraments to their Parishioners To this I answer 1. That no Ordinance of Parliament whatsoever especially to repeal and alter former Acts of Parliament can be made without the three fold consent of King Lords and Commons in Parliament an Act and Ordinance of Parliament being allâ—ne and requiring the self same treble consent in Law as I have irrefragably proved at large in my Iâ—enarches Redivivus printed Anno 1648. against Sir Edward Cooks and other mistakes in this point which threefold assent the objected Ordinances wanting are meer Nullities in Law and can no waies repeal these forecited Statutes remaining still in their Legal power 2ly Admit these Statutes repealed or suspended by these Ordinances which I deny in point of Law yet these very objected Ordinances and the Directory it self positively enjoyn all Ministers and Vicars duly to administer the Sacraments of the Lords Supper and Baptism to all their Parishioners duly prepared and qualified according to these Ordinances as well as these Statutes and the Books of Common Prayer Therefore if these Ordinances or the Directory be still in force they are bound by them to administer the Sacraments to their Parishioners but if they be grown out of date and absolete as the Objectors and those of the Congregational way believe who will not submit unto them then the Statutes pretended to be repealed by them are again revived by their expiration and so oblige them as firmly now as heretofore 3. The Administration of the Sacrament being an * essential inseparable part of every Ministers duty who hath a Parochial cure or charge of Souls both by the Law of God and constitutions of our own and 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 second place That they are now admitted to Parochial cures only to preach the Gospel 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 forms of admissions and institutions used they are meerly void in Law by the expresse resolution of the Statute of 13. Eliz. c. 12. and the other forcited 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
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. Parochia Goffrià us Abbas Tit. Parrochiâ— 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 Parochiam ad ejus curam deputatam ad quam convenit populus * 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 i nt because it 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 o the comfort and consoliation of their Parishioners is most requisite and â—ehovefull So that Parish Churches so stiled because originally built by the Patrons and Parishioners for their ease use benefit and the use of and ast; seats in them are still in the Patron Parish who repair them were originally built and ast; 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 Paliament and Statute resolve to which the Statute of 1 Jacobi ch. 30. For errecting 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 Parâ—chial he his 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 Lawyer a Angelus de Clavasio and b Franciscus Zerula thus describe the Office of a Parish-Priest or Vicar Parochi officium est Primo praedicare Pueros rudimenta fidei et obedientian docere Vim et usum Sacramentorum exarare populo oves sass agnoscere et bono exemplo pascere Sacramenta administrare c. c Rebuffus thus seconds them Ecclesia Parochialis dicitur Beneficium saeculare et cum administratione Quia Curatus tenetur ministrare Sacramenta Ecclesiastica c. aliaque opera Parochianos tangentia facere tenetur And he is called an d Incumbent both by the Common and Canon Law from the word Incumbo because he ought diligently and wholly to apply him self to discharge these his Pastoral duties himâ—elf 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 Jacobus de Graffiis f Jo. Andreas and other Casuists question whether Parochus potest assumere alium Sacerdotem in adjutorem pro administranda Eucharistia vel in officio 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 Homilies 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. 23 26. confirmed by several Protestant Parliaments the English * Injunctions of H. 8 Qu. Eliz. Reformatio Legum Ecclesiasticarum in King Edward the 6. his reign and the Canons of Kâ—ng James and the Convocation under him Can. 20 21 22 23. fully accord injoyning all Parsons Vicars Incumbents whatsoever to administer Baptism and the Eucharist to their Parishioners at least * thrice every year in person which they used to administer everâ— Lords day to the people in the primitive Church as I have elsewhere prov'd at large as well as to preach Catechise and read Divine service to them Memorable is that passage in that Pathetical exhortation prescribed by the Church of England in the Bâ—ok of Common Prayer to be used by all Ministers when they shall see the people negligent to come to the hoâ—y Communion viz. when God calleth you be you not ashamed to say I will not come c. I for my part am here pesent and according to mine office I bid you in the name of God I call you in Christs behalf I exhort you as you love your own Salvation that ye will be partakers of this holy communion c. And whereas you offend God so sore in refusing this
or duly administer the Sacraments than the Parishioners receive them only by a substitute Yea if it were no good excuse for our Pluralists or Non-resident Prelatical Clergy-men heretofore that they preached and discharged their ministerial function by their Curates their office being i personal and untransferrable to another then by the selfsame reason it can be no plea in Law or Conscience for this Vicar that be administers the Sacraments to them only by another Vicar especially when he doth it to his separate Congregation by himself alone and never by a Proxy 6ly It it a strange plea to plead conscience against doing that expresse duty which his very place and calling oblige him both in * conscience and Justice to perform Such is the free admission of his Parishioners to the Lords Supper Which Christ himself his Apostles Christian Ministers in all ages till this present made conscience duly and diligently to administer to the People exhorting them frequently to receive the same I suppose Mr. John Humfrey his Treatises of free admission unto the Lords Supper his Rejoinder to Dr. Drake and John Timson his Bar removed will rectifie his conscience and remove this bar if perused by him To your 2 Quaere I answer 1. It is a principle in divine Civil Canon and Common Law in the Gospel too Beneficium propter officium that every Minister or person who enters into reaps the benefit of any Office or Function ouhght coscentiously to perform all the duties of his Ministry and Function and addict himself fully and personally to discharge them as Luk. 12. 42 43. Rom. 12. 7. 1 Cor. 4. 1 2. 2 Cor. 4. 1 2. 6. 3 11 12. 1 Cor. 9. 7 to 13. Eph. 4. 12 13. Col. 4. 17. 1 Tim. 4. 15. c. 3. 1 2 3. 2 Tim. 4. 1 2 5. Tit. 1. 7. 2 Pet. 1. 12 13. compared with Luk. 10. 7. 1 Tim. 5. 17 18. Rom. 15. 27. Gal. 6. 6. 2 Thes. 3. 10. resolve 2ly That it is a Maxime in Law k That the grant of every Office to any person for life or in fee hath this tacit condition annexed to it by the very Law it self without any special words or condition of the Grantor That the Grantee shall well and truly perform his Office execute that which to such Office belongeth to be done and attend upon it or otherwise that he shall forfeit the same and that it shall be lawful for the Grantor or his Heirs to out him of his Office and grant it to another who will more faithfully discharge it Littleton puts the case of a Parker Steward Constable Bedelary Baylywick and he adds other Offices c. which extend to Ecclesiastical as well as temporal Offices I shall illustrate it by some few unprinted Records Claus. 6. E. 1. m. 1. Earl Waren Camerarius Scaccarii which Office he had leave to execute by Deputy forfeited his Office by the default and negligence of his Deputy Claus. 17. E. 2. Dors. 31. The Marshal's Office of England was seised as forfeited by the Judges of the King's Bench because he had not one to attend there for him after which he was fined at 200 l. and upon promise of better attendance restored Clause 33. E. 3. m. 33. The King sends a Writ to the High-Sheriff of Cambridge De subvicecomite amovendo aliena substituendo because he misdemeaned himself in his Office was a person of ill fame a cozener one that had two names Claus. 4. E. 1. m. 5. Claus. 15. E. 1. m. 4 8 9. Claus. 16. E. 1. m. 2. Claus. 17. E. 1. m. 2 3. Claus. 25. E. 1. Dors. 13. Claus. 31. E. 1. m. 1. I finde l several Writs to remove Coroners from their Offices and to elect new in their places because they could not or did not attend upon their Offices or were sick deaf or unable to discharge them though elected onely by the County in their Couny-Court And if temporal Offices have such a Condition in Law annexed to them and are forfeited by the non-performance of them and all the duties belonging to them much more then spiritual which concern Mens Souls 3. Every person who sustains any considerable prejudice or damage by the wilful negligence non-performance or mis-performance of any m Sheriffs Bayliffs Escheators Guardian Attorny Viteler Hostler Smith Physitian Chirurgion Carpenter Mason or other Officer or person intrusted by or set over him may have a legal Action or remedy against them at the common Law by an Action of the case or otherwise wherein he shall recover damages Which Law holds in Spiritual and Ecclesiastical Offices Littleton is express Sect. 136 137. That if a man give Lands in Frankalmoigne to an Abbot Prior or any other Man of Religion or holy Church or to a Parson of a Church and his Successors to have onely divine and spiritual Services done for him if they afterwards will not do or fail to do such divine Services if the Services be not put in certainty the Lord may complain thereof to their Lord or Visitor praying him that he will lay some punishment or correction for this and also provide that such negligence be no more done and the Ordinary or Visitor of right are to do this But if the divine Service be in certain to be done as to sing a Mass Placebo or Dirge c. on some set-day of the week or year the Lord if such divine Service be not done may enter and distrain them to do it or else detain the Lands as forfeited and n escheated to him by the non-performance of the divine Service These Generals premised I conceive the grieved Parishioners may relieve themselves and either reclaim or remove their Vicar if obstinate by these Legal Proceedings at the Common Law which must be as just and equal to right the Parishioners against their Vicar for detaining their spiritual Food and Duties from them as to help the Vicar to recover his Tythes and Duties from them when injuriously detained else it should be either very partial or defective 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 prevail repair to their Vicar before the first Lord's Day of the next Month and so in succeeding Months and importune him to deliver the Sacrament to such of them publickly in the Parish-Church as he cannot charge with any scandal or ignorance and to baptize their Children at Cording 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 publickly 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 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
his Prelates and Clergy Et mea quidem interest Laicos cum aequitatis Jure tractare inter virum proximum suum justum judicium facere c. Sed meae sollicitudinis est Ecclesiarum Ministris Gregibus Monachorum Choris virginum necessaria administrare paci corum ac quieti consulere De quorum omnium Moribus ad nos spectat examen si vivunt continenter si honeste so habent ad eos qui foris sunt si in Divinis Officiis solliciti â—â— in docendo populo asâ—â—dui si victu sobrii si moderati habitu s in Iudiciis sunt discreti c. Ego Constantini vos Petri gladium habetis in manibus jungamus dextras gladium gladio copulemus ut projiciantur extra crastra leprosi c. 2. From the Statute of Magna Charta c. 22. We shall deny nor defer to no man justice or right to wit neither in Civil nor Ecclesiastical things or causes the words being general and extending equally to both as this Charter doth both to all Ecclesiastical and temporal persons Freemen of the Realm of England c. 1 2. 3. From this usual recital in our Kings Writs u Nos qui singulis de Regno nostro in exhibitione justitiae sumus debitores Nos volentes quibuscunque legis nostris in Curits nostris plenam celerem Iustitiam exhiberi Precipimus c. Justiciae complementum sibi fieri nullatenus differri c. secundum legem consuetudinem Regni nostri 4. By the Statute of West 2. An. 13 E. 1. c. 24 25 50. which enacts that where a Writ is granted out of the Chancery for a thing done to the noysance of another the Plaintiffs from henceforth shall not depart out of the Kings Courts without remedy because in the Register of the Chancery there is no special Writ found in his Case but from henceforth where in one case a VVrit is granted In like case when like remedy faileth the Writ shall be made as hath been used before and from henceforth as often as it shall fortune in the Chancery that in one case a VVrit is found and in like case falling under like Law and requiring like remedy there is found none the Clerks of Chancery shall agree in making the Writ or the Plaintiffs may adjourn it till the next Parliament and by consent of men learned in the Law A new Writ shall be made according to his special new Case lest it should happen afterwards that the Kings Court should fail to minister Iustice unto Complainants And lest Suiters coming to the Kings Court should depart from thence without remedy they shall have Writs provided in their Cases By vertue of which Statutes the Subjects grieved have usually had not only a VVrit grounded thereon particulatly stiled x in consimili casu but many other writs as appeareth in our Books though they bear not that name And by vertue thereof I am cleer of Opinion the Parishioners may have a special Writ against their Vicar in this very Case to enjoyn him to administer the Sacrament of Baptism and the Lords Supper to them and their Children to admit them thereunto as well as a VVrit De Clerico admittendo to the Bishop and De Attornato recipiendo to the Sheriff upon the Statute of Merton c. 10. when they refuse to admit them contrary to our Laws 5. From the ancient VVrit of William the Conqueror to y Remigius Bishop of Lincolu and all other Bishops and Archdeacons Willielmus Dei Gratia c. Propterea mando regia auctoritate praecipio ut nullus Episcopus vel Archidiaconus de Legibus Episcopalibus amplius in Hundret placita teneant c. And from his Jurisdiction over all Ecclesiastical persons and causes thus recorded by Eadmerus Hist. novorum l. 1. p. 6. Cuncta ergo divina simul humana ejue nutum expectabant Non ergo pati volebat quenquam in omni Dominatiâ—ne sua constitutum Romanae Urbis Pontificem pro Apostolico nisi se jubente recipere aut ejus literas si primituâ— sibi oftensae non fuissent ullo pacto suscipere Primatum quoque regni sui Archiepiscopum dico Centuariensem si coacto generali Episcoporum Concilio praesideret Non sinebat quicquam statuere vel prohibere nisi quae suae voluntati accommodata à se primo essent ordinata Nulli nihilominus Episcoporum concessum iri permittebat ut aliquem de Baronibus suis seu Ministris sive incesto sive adulterio sive aliquo capitali crimine denotatum publicè nisi ejus praecepto implacitaret aut excommunicaret aut ulla Ecclesiastici rigoris poena constringeret Therefore much less would he permit any Bishop or Minister under him to suspend or seclude them from the Sacraments especially those no wayes guilty of such scandalous sins or other crimes as now our Ministers do their Parishioners without any divine regal or legal Authority but their own Papal Usurpation Pride or Peevishness 6. This is most apparent by the usual known printed Writs of our Kings to relieve their grieved Subjects both in Civil and Ecclesiastical Courts and things as namely the VVrits b De Procedendo ad Judicium when any Judge or Court of Justice delayes the Plaintiff or Defendant of his right in not giving Judgement for them when and so speedily as they might c De Libertatibus allocandis when the Justices of the King Eyre or Forest deny or delay to grant any Burrough or Person the ancient Liberties they formerly enjoyed by Charter or prescription The VVrit d De Leproso amovendo to the Major of London and other Officers to remove Lepers which infect the people and De villiâ— venellis mundandis when they neglect to remove the one cleanse the other as they ought The several e Writs to Sheriffs and others to repair Highways Bridges Walls Sea-banks and the like extant in the Clause and Patent Rolls before any Statutes made for their repair The Writs f De reparatione facienda de Curia claudenda 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. The VVrits De Attornato recipiendo De moderata misericordia De secta ad molendinum curiam De ne injusta vexos De non ponendo in assisis juratis Quod Clerico non eligantur in Officium Ballivi c. De corrodio habendo Quo Jure Vilaica removenda VVith many other VVrits of this nature to temporal Officers persons by these ensuing VVrits to Ecclesiastical persons as namely the usual Writs to Bishops g Ad admittendum Clericum de cautione admittenda to enforce them to admit Clerks and absolve excommunicate persons upon caution tendered when they refused to do it against right and Law