Selected quad for the lemma: hand_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
hand_n	bishop_n	church_n	presbyter_n	4,517	5	10.4419	5	false

Text snippets containing the quad

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