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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

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upon the Stat. of West 2. 13 E. 1. c. 41. as Fitzh. Natt Brev. f. 209 L. 5. E. 3. 25. b. Register f. 238. Fit ●essavit 12 18 24. 12 H. 4. 24. 45 E. 3. 10. Ploud f. 58. Cook 4. Rep. f. 118. 11. Rep. f. 63. 2. Instit. f. 460. more then intimate if not fully resolve These legal remedies if pursued in a just and Christian way may through Gods blessing reduce many refractory Parochical Ministers and Vicars to the due administration of the Sacraments to their Parishioners which too many of them have of late totally divers in a deplorable measure cast off restore the comfortable frequent enjoyment of them to those Parishioners who have a long time earnestly thirsted after them and prevent the Anabaptistical Jesuitical design of g John Canne with his Fraternity and others of late yeers crept into Parochial Cures of purpose to subvert them with all other Parochial Congregations and all Patrons rights to present unto them a design most eagerly prosecuted publikely allowed and much advanced of late yeers by unchristian and illegal practices gilded over with religious pretences this is the Opinion and Judgement in answer to your Case and Quaeres of your Friend and Counsellor Will Prynne Lincolns Inne 20 Junii 1656. AN APPENDIX OUr Vicars and Ministers refusal to administer the Sacraments to their Parishioners is in truth an actual penal suspension and excommunication of them and their Infants from the Lords Supper and Baptism without any precedent citation articles legal proceeding hearing or sentence denounced against them in any Ecclesiastical Classis or Judicature against all rules of Religion Conscience Law Justice and the express Letter of Magna Charta c. 29. Wherefore as King Edw. 1 2 3. did issue forth several Writs and Mandates to their Bishops and Clergy * not to convent question censure excommunicate any of their Officers or Subjects within their Dominions for discharging their Duties duly obeying their Mandates and to absolve all those they had excommunited upon this account and likewise issue out Writs to their Sheriffs De promulgantibus sententiam excommunicationis in Ministros Regis capiendis imprisonandis for obeying their commands So by like Justice Reason may Writs be issued to all those Vicars and Ministers who deny the Sacraments to their Parishioners without any legal cause or sentence of suspension or excommunication first denounced against them commanding them peremptorily to admit them to and administer the Sacraments duly to them yea Writs to the Sheriffs to attach and imprison them in case of their wilful neglect or contempt herein Claus. 12. E. 2. m. 20. The Archbishop of York and his Ministers oppressed vexed the people of his Diocess in his Courts and Visitations by malicious citations for pretended adulteries and other Ecclesiastical crimes before they were publickly defamed of or presented for them and for which they could not aid themselves by the Kings prohibition they having legal conns●●s of these crimes upon Petition to the King and his Counsel against these malicious citations by the people there issued a special Writ to the Bishop reciting and prohibiting such citations and proceedings for the future De oppressionibus populo per citationes non inferendis By like reason and equity may special Writs now be granted to Ministers not to oppress vex injure their Parishioners especially such as are neither scandalous ignorant nor actually excommunicated by depriving them of the Sacraments at due and accustomed seasons far worse then those malicious citations which were but Ecclesiastical process when as these amount at least to Ecclesiastical censures suspensions excommunications from the Sacraments that for sundry months may yeers of many whole Cities and Parishes without any legal accusation conviction hearing In times of popery if any religious person or Monk professed departed from his house and wandred abroad in the Country against the rules of his Religion or Order upon a certificate thereof in Chancery by the Abbot there issued a Writ de * Apostata capiendo of which I finde * many presidents in our Records for the Sheriffs to apprehend and deliver him to his Abbot or his Attorney to be chastised according to the rules of his Order And if any Priests wore long hair against the Canons and rules of their Order in the Kings Court where the Ordinaries had no power to reform them the King himself granted a special Writ and commission to certain persons giving them plenam potestatem scindendi capillos Clericorum qui sunt in Hospitio no●●ro familia nostra longos crines habentium capillos nutrientium c. Pat. 21. H. 3. dor 3. By the like and better reason then may special Writs be issued to reduce Ministers off●ending in and apostatizing from the very essential duties of their function not in circumstantials only as these in former times to the due execution of the duties of their function and administration of the Sacraments to their Parishioners according to the rules of their Order the Statutes of the Realm the Doctrine custom of the Church of England so much now slighted contemned by them to Gods dishonor the vilipending of their Ministery function yea the Sacraments themselves and their peoples grief offence and spiritual prejudice who may doubtless have a * special action at law against them on the Stat. of 1 Ed. 6. 1 Eliz. c. 2. for their relief herein The Sacraments of Baptism and the Lords Supper are bequeathed by Christ to all visible Members of every visible Church as visible who are known to their Ministers not to the elect invisible regenerated Members only infallibly a known to God alone but not to any mortals Every Member of a visible Church hath an equal right to and b in all Sacraments Ordinances Priviledges of the visible Church as he is a Member of it by vertue of his Membership as c all Freemen of England have an equal interest in all the Laws Rights Liberties Franchises of the Realm of England as they are native Freemen of the Body politick of England As therefore no English Freeman may or can by Law be debarred from the use and benefit of the common Laws Liberties and Franchises of England or any pretended or real crimes but by and upon a legal conviction and judgement according to the Laws of England so no member of the Church of England of ripe Yeers and in his right Senses may or can be debarred from the Lords Table or any other publick Ordinances Priviledges of the Church of England for any pretended scandal but by a judicial legal sentence of Excommunication whereby he is actually suspended or cut off from being a Member of the Church for the present his very Membership whiles he is a Member entituling him of Right to whatever Ordinances any other Members enjoy and to participate with them therein It is therefore as great as high an Injury Injustice