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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

all other Christian Churches as I have proved admit these Statutes all repealed yet they are still obliged by their very Office and Pastoral Function to administer the Sacraments to their Parishioners and therefore liable to divine and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

qualified and desire the ●ame publikely 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 Statutes and Authorities Cardinal Hostiensis in his Summa l. 3. Tit. de Parrochiis 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. Parrochia Goffridus Abbas Tit. Parrochis 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 Paroc●iam ad ejus curam deputatam ad quam convenit populus * See Pontifica●e Romanum p 247 259. De Ecclesiae Dedicatione 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 in it because 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 to the comfort and consolation of their Parishioners is most requisite and behovefull So that Parish Churches so stiled because originally built by the Patrons and Parishioners for their ease use benefit and the use of and * Pasc 2 C●r B. R. Carlton and Hut●ons case resolved seats in them are still in the Patron Parish who repair them were originally built and * 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 Parliament and Statute resolve to which the Statute of 1 Jacobi ch 30. For erecting 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 Parochial He is 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 Lawyers a Summa Angelica Tit. Parochia Angelus de Clavasio and b Praxis Episcopalis pars 1. Tit. Parochia sect 3. f. 162. Franciscus Zerula thus describe the Office as a Parish Priest or Vicar Parochi officium est Primo praedicare Pu●ros rudimenta fidei et obedientiam docere Vim et usum Sacramentorum exarare populo Oves suas agnoscere et bono exemple pascere Sacramenta administrare c. c Praxis Beneficiorum pars 1. p. 4 sect 10. Rebuffus thus seconds them Ecclesia Parochialis dicitur Beneficium saeculare et cum administratione Quia Curatus tenetur ministrare Sacramenta Ecclesiastica c. aliaque opera Parochianos tangentia facere tene●ur And he is called an d Littleton sect 180. 14 H. 7. 25 26. Cooks 1 Instit f. 119 b. Incumbent both by the Common and Canon Law from the word Incumbo because ●e ought diligently and wholly to apply himself to discharge these his Pastoral duties himself 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 Appendicis A●rei l. 1. c. 11. sect 18. 20. p. 53. Jacobus de Graffiis f Ind. cap. Omnis in Glos executionem Jo. Andreas and other Casuists question whether Parochus potest assumere alium Sacerdotem in adjutorem pro administranda Eucharistia vel in offici● 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 Homelies 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. 29 26. confirmed by several Protestant Parliaments the English * Fox Acts Monuments vol. 2 p. 388. 392. 393. 401 Injunctions of H. 8. Qu. Eliz. Reformatio Legum Ecclesiasticarum in King Edward the 6. his reign and the Canons of King James and the Convocation under him Can. 20 21 22 23. fully accord injoyning all Parsons Vicars Incumbents whatsoever to administer Baptisme and the Eucharist to their Parishioners at least * See Spelmani Concil p. 529 548 615 616 and my Suspention suspended p.

24 25 26. Giving receiving being ●olata all those Texts Laws that prove it the peoples duty to receive the Sacraments ●●o Nomine oblige the Minister to admit and deliver to them Posi●●o relatoru● po●i●●● alterum M● ●o● H●●●●ey A Second V●●cation of Fr● admission to the Lords Super p. 1●5 c. thrice every year in person 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 Book of Common Prayer to be used by all Ministers when they shall see the people negligent to come to the holy Communion viz. When God calleth you be you not ashamed to say ● will not come c. I for my part am here present 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 holy banquet I admonish exhort and beseech you that unto this unkindnesse you will not adde any more which thing ye shall doe if ye stand by as Gazers and Lookers on them that do communicate and be not partakers of the same your self c. How many Ministers now a days preach direct dehortations from the Sacrament pointblanke against this Exhortation and their duties prescribed by God himself and no lesse than 6 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 th● same 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 deboutly and humbly desire it any Law Statute Ordinance or custom to the contrary hereunto in any wise notwithanding The Statutes of 2 and 3 Ed. 6. c. 1. 5. and 6. E. 6. c. 1. and 1 Fliz. 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 Sacraments of Baptisme and of the Lords Supper in such Order and form as is mentioned in the Book of Common Nota. Prayer And if any manner of Person Vicar or other whatsoever Minister that ought to minster 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 then is mentioned and s●t 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 Bayle or Mainprise 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 publikely 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 thereupon the Patron present a New Incumbent By all which Acts it is clearly resolved that every Parson Viccar Minister of a Porochial 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 Object 1. repealed by the Ordinances of both Houses prescribing the use of the Directory in place of the Book of Common Prayer and administration of the Sacraments Therrfore Ministers are not now obliged by them to administer the Sacraments to their Parishioners To this I answer 1. That no Ordinance of Parliament Object whatsoever especially to repeal or alter former Acts of Parliament can be made without the threefold consent of King Lords and Commons in Parliament an Act and Ordinance of Parliament being all one and requiring the self-same treble consent in Law as I have irrefragably proved at large in my Irenarches Redivivus printed An. 1648. against Sir Edward Cooks mistake and others in this point which threefold assent the objected Ordinances wanting are meer Nullities in Law and can no ways 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 Baptisme 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 beleeve 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 3ly The administration of the Sacraments being an * S●e Fox Acts and M●●uments vol. 2. p. 87 388 392 ●9● 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

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