A. Is presented, instituted, inducted to the Vicaridge and Parish Church of B. ha­ving immediate and sole Cure of Souls (the Rectory being impropriate) and receives the whole Profits therof from the Parishio­ners, to whom he usuall preacheth; but yet (after many freindly Sollicitations and Meetings) peremtorily 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 Parishoners; 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 [...]oint of Right, Ju­stice, Law, Equity, Ex Officio mero, obliged duly to ad­minister the Sacraments publikely to the Parishioners in the Church, as 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 [Page 2] 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 h [...]s 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 Law-books 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, Titles, Discourses, Treatises De Clericis, Pasto­ribus, Sacer­dotio, Parochi­a, Sacramentis, Ordinatione, Ministris, et ministerio Verbi Dei, Baptismo, Di­vinis Officiis, &c. Councils, Fathers, Canonists, Casuists, Schoolmen, Di­vinis, 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, A. 23. 26. Homi­lies, and late Directory; That all Ministers, Presby­ters, Priests, whatsoever, lawfully called and ordained, are by Christs one 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 Catechise 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 14. to. 25. c. 17. 37. 22. 1 [...]. 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. [Page 3] c. 10. 16, 22. c. 11. 20. [...] 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. andHeb. 6. 1, 2 c. 7. 31 to 28. c. 8. 3. 4 &c. 10. 29. 1▪ Pe [...] 3. 21. c. 5. 2. 3. G [...]n. 14. 2. 8. 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 Sacerdo­tium by the Papists) to be Ministerium Verbi, Of Sacramentorum aliis porrigendorum: Evangelical Bishops and Presbyters to be such, p. 39. Quibusse­cundum Evangelium, sou ut loqunntur de jure divin [...], 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 elswhere: with whom all other Protestant Churches accord, as you may read at large in the Harmonie 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 Preists 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 Laws 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 Pontifi­cal [...] Rom. De Ordinatione Presbyteri, p. 41, 42, 50, 55, & p. 458. De­grada [...]io ab Or­dine Presbyte­ratus. Fox Acts and Mo­numents, Vol. 2. p. 87, 109. 388. 392. ex Officio, of meer du­ty [Page 4] and right to administer the Sacraments of the Lords Supper and Baptism to all their Parishioners (who are legally qualified and desire the same) publ [...]kely 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 Statu tes 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. Parochia. Goffriàus Ab­bas, Tit. Parrochi [...], 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 See Pontifi­cale Roman [...] p. 247, 259. De Ecctesiae 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, [Page 5] 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 [...]ehovefull. So that Pa­rish Churches (so stiled, because originally built by the Patrons and Parishioners for their ease, use, benefit, and the use of, andPas [...]. 2 Car. B. R. Carlton and Huttons case resolved. seats in them are still in the Patron & Pa­rish, who repair them) were originally built andPontificale Roma [...]um, De Dedica [...]ione Eccle siae. p 247 259. &c. 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 Par [...]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 [Page 6] inducted; and not to any others, but only voluntarily when he pleaseth, being married and espoused to that pe­culiar parish; whence he is stiledSee Calvinii L [...]x [...] [...] cum. Tit. Parochia & Parochus. Parochus, and the peo­ple Parochia, by the Canonists and Lawyer;Summa Angelica, Tit. Parochia. Ange­lus de Clavasio, andPraxis E­piscopalis, pars 1. Tit. Paro­chia, sect. 3. f. 162. 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. Praxis Be­n [...]eficiorum, aps 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 tenetur. And he is cal­led anLittleton, sect. 180. 14 H. 7. 25, 26 Cooks 1 instit. f. 11 90. 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 him [...]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, thatAppendicis Aurei, l. 1. c. 12. sect. 18. 20. p. 53. Jacobus de Graf­fiis, 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 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. [Page 7] confirmed by several Protestant Parliaments, the Eng­lish F [...]x Acts and [...] 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 K [...]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 See Sp [...]lma­ni Concil. p. 529. 548 615. 616. and my Suspo siat suspended p. 24, 25, 26. Giving & re­ceiving being relata; all those Texts, Laws, that prove it the peoples duty to receive the Sacraments▪ de eo Nomine ob­lige the Mini­ster to admit and del [...]ver to them. Posito [...] relatosum ponitur alte­rum. Mr. Iohn Humfrey. A Second Vindi­cation of Free-admission to the Lords Sup­per. p. 125, &c. thrice every year in person (which they used to ad­minister ever [...] 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 B [...]ok of Com­mon Prayer, to be used by all Ministers when they shall see the people negligent to come to the ho [...]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 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 partake [...]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 t [...]s, prescribed by God and Christ himself, 1 Cor. 11. 24, 25. This do, as oft (as ye do eat and drink [...]t) [...]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 [Page 8] the same with the Priest which shall administer the sam [...], 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 notwithst [...]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;Nota. And if any manner of Parson, Vicar, or other whatsoever Minister that ought to mi [...]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 Main [...]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 [Page 9] person admitted to any benefice with Cure, shall publickly read [...]he 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 prese [...]t a New Incumbent. By all which See also 3 Jac. c. 4, 5. 7 Jac. c. 2. 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,Object. 1. 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.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 all [...]ne, and requiring the self same treble consent in Law, as I have irrefragably proved at large in my I [...]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 [Page 10] 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 anSee Fox Acts and Monu­ments, vol. 2 p. 87 388, 392, 393. the Books of ordination [...]f Ministers. 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,Object. 2. 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,Answer. 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 monstrous Impostures, Hypocritical Delusions, yea grosse Absur­dities, [Page 11] 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 their Pastoral Duties, to which the Laws of God and the Land oblige them. We lately decryed it as an impious Solecism & excuse in our old lazy non­preaching Parsons and Vicars; that they alleged, they were instituted only to read common P [...]ayers, Homilies, and administer the Sacraments; but not to preach to their Parishioners. In the Bishop ofFox Acts and Monument. Vol. 2. p. 614. See Re [...]ves and Shelfords Trea­tises to the same purpose. 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 Baptise, 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 stray'd, 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 Laun­dress affirm, she was hired only to m [...]ke 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 cudgell 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 other of their Brethren) should thus juggle with them to their faces, as openly to [Page 12] affirm, they took the [...]ole cure of their souls only to reap all their Dues, Tithes, and to feed them with Gods word in the Pulpit, (of which theMat. 28. 19, 20. Acts 26. 18. c. 15 3. c. 21. 22. 2 Tim. 4. 17. unconverted, unbaptized heathens, are capable as well 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 catechize their younger Parishioners? Yea, that they took upon them their Pa­storal Cure only to shear their fleeces, but not to own them as any part of their Church or [...]lock, or discharge the duty of a Pastor towards them, unlesse they will un­model themselves from a Parochial Church, into a pri­vate Congregational conventicle? Those who have hearts ofEze. 3. 9. Adamant, or faces of Brasse, Publikely to make such an untheological, Zech. 7. 22. irrational, illegal, unministerial Plea as this, so diametrically contrary to the very essence of their Pastoral Function, duty, and to their painfull Predecessors practices in all ages, Churches; to our bles­sed Mat. 26. 26. to 31. Mark. 14. 22. to 27. Lu. 22. 14. 19. 20. 1. Cor. 11. 23. 24: 24. Saviours own prastice, precepts; and his description of a true and good Shepard: John 10 (yea to the defi­nition of a trueSee Dr. John White, and Dr. Feild of the Church. visible Church, wherein the word of God is truly preeched, and the Sacraments duly admi­nistred,) may justly fear they are no true Shepards, 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 1 Pet. 2. 3. Hebr. 13. 20. chief Shepard 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 See my Sus­tension Sus­pended. 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-wayes, thereby making the very1 Cor. 11. 26. to 33. Sacrament of Christian love and union, 1 Cor 10. 16, 17. a meer Seminary of Schism, contention, division, separation. And because they entred not by the door into the Sheepfold, that is by any legal form [Page 13] 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 Heathens, than a Christian Church, till new minted into a segregated Congrega­tion, (collected out of sundry Parishes though never so remote) but not to give the Sacraments to them up­on any terms;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 it 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 give the Lords Supper sometimes to his Parishioners,Object. 3. 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 of his own duty,Answer. else why should he hire another to discharge it in his stead? 2. This proves the former Obje­ction (that he was admitted only to preach) a meer ficti­on. 3. If he refuse to do it himself, out of conscience, as a thing utterly unlawfull in his Iudgement for him to administer unto his Parishioners, whilest in a Parochial way; with what conscience can he hire another to do that in his behalf and right, which himself holds sin­full, unlawfull for himself to do? Doubtlesse a sin­cere purely tender conscience will never hire or autho­rize any other to discharge that office for him, which himself holds utterly unlawfull, unevangelicall, nor dare accept or retain a Parochial Cure upon any terms to gain the fleece so long as he disclaims the constituti­on as Antichristian, and the flock as none of his Pa­sture sheep. 4ly. Such a poor tender conscience would rather resign its Parochial charge, to avoid all appear­ance of evill, of scandal, and still the checks arising in it, that grieve the Spirits, wound the consciences, or dis­quiet the Peace of the generality of his Parishioners, by the personal neglect of his duty, in not communicating with them at the Font and Lords Table as his real flock, or as one speritual bread and body with them, as he [Page 14] ought to do. 1. Cor. 10. 16, 17. and that only upon this ground, because they will not conform to the new In­dependent Guarb against our Lawes, for which they can produce no text, no colour of Authority from scrip­ture, Antiquity, or reason, to warrant the seclusion of a­ny from the Sacraments that are under their Parochial cure. 5ly. The discharge of this part of his duty by such a person, or in such a manner as gives no satisfaction to our Lawes, nor his parishioners, is no Satisfactory plea before Gods or mans tribunal, since he can no more con­scientiously 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 1 Cor. 9. 16, 17. 2 Tim. 4. 1, 2, 5. 1. Tim. 4 13. 16. Col. 4. 17. Heb. 7. 24. 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 See my Sus­pension 1 sus­pended, and answer to 4 se­rious Questi­ons. 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,Quaere. 2. 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, [Page 15] 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,Li [...]leton Sect. 378, 379. L. qu. E. 4. [...]. 26, 27. 2 H. 7. 11, 39. H. 6. 32, 33. Br. Office 19. Forfeiture 27. Plouden. f. 379, 380. 21 E. 4. 20. Cook 8. Rep. f. 44. 9. Rep. f. 50, 95, 96, 97 & 1 Inst. f. 233, 234. 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 See Fit. Nat. Brevium▪ f. 162, 163. & the Re­gist. de Corona­tore ox [...]nerand. 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.

[Page 16] 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 See Ashes Tables, Tit. Action sur le case, Sect. 1, 2, 4, 7, 9, 10, 12, 13, 15. Brook and Fitz. Actoin sur le case. 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 See Cooks 1 Instit. f. 96, 97. 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 [Page 17] 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 thenMr. Bur­roughs did so accolchester by my advice, on­ly for denying him the Sacra­ment, because he would not receive it at the New Rail: see My quench­cole at the end. 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: thisSee Cooks 1 Instit. f. 101, 102, 362, 363. and Brooks and Fitz. Tit. Dis­claimer. 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, 1 Cor. 9. 9, 10, 11▪ 2 Thes. 3. 10. not tread out the corn to them at the Lord's Table; they may also muzzle his mouth, that he [Page 18] shall not eat of their Corn, at his own or their Tables, by way of retaliation.

Our21 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. Brook 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, 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 See Brooks and Fitz. Tit. Conusance & Jurisdiction. 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 See Fitz. Brook & Ash. A­ctions sur le Statute. special Action against him, upon the Statutes of 1 Ed. 6. c. 1. & 1 Eliz. c. 2. as well as upon the Statutes of [Page 19] 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 Sir John Da­vis Reports, f. 46. b. 2 Jacob Fa [...]rchelas case Cooks 1 Instit. f. 344. [...]. West's Presidents. Grants. 337, 354. free Chappels used to be, and are still collated; and that upon this Legal Ground; See M. Sel­d [...]ns History of Tythes, ch. 6. sect. 2. ch. 9. sect. 4. My Ju [...] Patronatus, p. 15, 16. 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 8 E. 3. 69, 70. 8 Ass. 29, 31 Cooks 1 Instit. f. 344. a. Fit. Na­tur. brev. 35. A 42. a. b. 6 H. 7. 14. a. Dyer 273. b. Co. 11. Rep. 99. b. Fit. Breif. 660. 27. E. 3 85. a. 30. E. 3. 10. a. 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 [Page 20] 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, being26. H. 8. c. 1. 37 H. 8. c. 17. 1 El. c. 1. 5 El. c. 1. 8 El. c. 1. Sir Joh. Davis Re­ports, f. 19. 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 ElegantEthelredus Abbas, de Ge­nealogia Regum Angliae, Col. 359. Isaac Cau­sabon, in Episto­la Exercitatio­nibus praefix [...]. Fox Acts and Monuments, Vol. 1. p. 218. Jo. Seldeni ad Eadmerum No­tae, p. 161, 162. Mat. Parker, Antiq. Eccles. Brit. in Dunsta­no. Spe [...]manni Concil. p. 477. Oration of King Edgar to his Prelates and Clergy, Et mea quidem interest Laicos, cum aequitatis [Page 21] 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, [...] in docendo populo as­ [...]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:Register of Writs pars 2. f. 10, 15, 38, 127, 189. Fitz. Nar. Bre. f. 153, 154, &c. See the 2d Part of my So­veraign Power of Parlaments p. 79, 80. 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 [Page 22] 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 stiledFitz. Brief 283, 309, 794, 807, 810, 849, 947. & Entree 3, 7, 8, 61, 68. Nat. Br. f. 206, 207, 38 H. 6. 3, 12, 30. Cook l. 8. f. 49. Instit. 2. f. 405, 407, 486. 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 toCart. 2. R. 2. m. 12. n. 5. Fox Acts & Mon. l. 4. p. 154. John Seldeni ad Ead­merum Notae, p. 167. 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 Dominati­ [...]ne sua constitutum, Romanae Urbis Pontificem, pro Apo­stolico, nisi se jubente recipere, aut ejus literas si primitu [...] 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 [Page 23] 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 VVritsFitz. Nat. Bre. f. 153, 154. Regist of Writs. 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.Fit. Nat. Bre. f. 229. Re­gister of Writs. 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 VVritRegister of Writs Fil. N. Br. f. 234. Claus. 20 E 3. part 1. m. 18. 14. De Leproso amovendo to the Major of London, and other Officers, to remove Lepers which infect the people; and, De villi [...] & venellis mun­dandis, when they neglect to remove the one, & cleanse the other, as they ought. The several Pat. 14 E. 1. pars 1. dors. 2. Pat. 18. E. 1. m 4, 5. & dors. 8 9, 44. Claus. 4. E. 3 m. 2. Claus. 11. E. 3. pars 2. m. 10. Claus. 48. E. 3. m. 22. Claus. 10. E 3. m. 28. 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 WritsFit. Nat. Er. f. 228, 229, 163, 164. 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 [Page 24] to temporal Officers, persons: by these ensuing VVrits to Ecclesiastical persons; as namely, the usual Writs to Bi­shops Fit. Nat. Br. f. 38, 30, 63, 64 65. and the Re­gister of Writs. 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. 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 [Page 25] divers pictures in it, and the Earl of Lancansters amongsto­thers) which they worshipped and adored, tanquam rem sine sanctum, abs (que) 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 reputedSee Linde­wood, Summa Angelica, Ro­sella, & Thomas Zerula Praxis Episcopal. 1. Tit. Chrisma & Con­firmatio Sacra­mentum. 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 Church­warden 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, [Page 26] 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 a37 H: 6. 14 Brook, Quid Juris clamat 18. Imprison­ment 26. 3 E. 3. Per quae servitia, Fitzh. 17. Ash At­tornment 9. & 12. 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 [Page] people, and not to hinder any of them from this See my Answer to 4 serious questions, my suspension sus­pended, Mr. Humfrey his Reply to Dr. Drake his se­cond Vindica­tion of Orto­dox free Ad­mission, P. 58, 59. Mr. Blake, his Co­venants sealed, ch. 7. sect. 13, 14. 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 His Voice from the Tem­ple. See my Jus Patronatus. 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,