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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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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 Pa● 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
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