A LEGAL RESOLUTION OF TWO Important Quaeres Of general present Concernment. Clearly demonstrating from our Statute, Common and Canon Laws, the boun­den duty of Ministers, & Vicars of Parish Churches, to administer the Sacraments, as well as Preach to their Parishioners; with the Legal Remedies to reclaim them from, or punish and remove them for their wil­full obstinacy in denying the Sa­craments to them.

By William Prynne Esq; a Bencher of Lincolns Inne; to whom these Quaeres were newly pro­pounded by some Clients.

August. contr. Cresconium Grammalicum, l. 2. c. 10.

Christiana sane in vobis Sacramenta cognosco, et in [...]is illud quoque diversum improbo acrespno, quod cumeadem etiam in Schismate habeatis, eadem Catholicis exufflatis. Prorsus agnoscit in vobis Ecclesia cuncta quae sua sunt, nec ideo non sunt ejus quia apud vos inveniuntur. A­pud vos quippe aliena sunt, sed cum vos correctos recipit cujus sunt, fiunt etiam salubriter vestra, quae perniciose habebatis aliena. Discordia vos possedit sub titulo pacis; Ergo, discordia pellatur, pax introducatur.

LONDON, Printed by F. L. in the Yeare, 1656.

A Legal Resolution of Two Im­portant Quaeres of general present Concernment, &c.

The Case and Quaeres propounded.

A. Is presented, instituted, inducted to the Vicaridge and Parish Church of B. having immediate and sole Cure of Soules (the Rectory being impropriate) and receives the whole Profits thereof from the Parishio­ners, to whom [...]e usually preacheth; but yet (after many friendly Sollicitations and Meetings) peremptorily denieth publikely to administer the Sacraments of the Lords Sup­per and Baptism to the Major part of the Parishioners; or to any of them, as his Parishioners; but only to some few in private, as Members of his New gathered Con­gregation; to the great Discontent, Grief, Injury of the Generality of the Parishioners. Who thereupon desire to be resolved,

1. Whether A. their Vicar by the Laws of England, accepting of this Parochial Vicaridge and Cure, and re­ceiving the Profits thereof be not in point of Right, Ju­stice, Law, Equity, Ex Officio mero, obliged duly to ad­minister the Sacraments publikely to the Parishioners in the Church, at fitting and formerly accustomed times, as well as to preach unto them, and that in proper person, if in health and required?

2. Whether the Parishioners may not now legally prose­cute [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 his duty towards them? And what Legal Course is best for the Parishioners to prosecute for their just relief herein, in these distracted times?

The Resolution returned to the Propounded Case, and Quaeres.

These Quaeres being of great Moment and Universal concernment to all Ministers, Vicars, and Parishioners throughout the Nation; & not debated to my knowledg in any printed Lawbooks or Reports, I shall be more co­pious in the Resolution of them for my own Satisfacti­on, as well as your Resolution, whom they so much concern; this being like to prove a leading Case to many others in like condition.

To your first Question, I return this Answer, 1. That it is the General received Opinion, Resolution of all In their Ca­nons, Tales, Discourses, Treatises, De Clericis, Pasto­ribus, Sacer­dotio, Parocbia, Sacramentis, Ordinatione, Minist [...]is, et Ministerio Verbs Dei, Baptismo, Di­vinis Officiis, &c. Councils, Fathers, Canonists, Casuists, Schoolmen, Di­vines, Antient or Modern, Papists or Protestants, (whe­ther Lutherans, Calvinists, Presbyterians or Indepen­dents) I have seen; and the expresse Resolution of the Church of England, both in antient & modern Coun­cils, Synods, Canons, Injunctions, the Book of Ordinati­on, Common Prayer, Articles of Religion, ar. 23. 26. Ho­milies, and late Directory; That all Ministers, Presby­ters, Priests, whatsoever, lawfully called and ordained, are by Christs own Gospel Institution, specially ordain­ed, injoyned as well to administer the Sacraments of Baptism and the Lords Supper to the People, and Pari­shioners committed to their charge, as to preach the Gospel to, or Chatechise them; and that as an Essential part of their Ministerial Function. Which they at large evince, from Mat. 28. 19, 20. Mar. 14. 22. &c. c. 16. 15, 16. Luke 22. 19. c. 24. 47. John 3. 22, 23. c. 4. 1, 2. Acts 2. 41, 42, 46. c. 6. 4. c. 8. 12, 13, 36, 38. c. 10. 48, c. 16. 15, 33. c. 18. 8. c. 19. 4, 5. c. 20. 7. 11. [Page 3] Luke 12. 42, 43. 1 Cor. 1. 14, 15, 16. c. 9. 11. to 15. c. 10. 16. 21. c. 11. 20. to 34. c. 4. 1, 2. Rom. 12. 6, 7, 8. Ephes. 4. 11, 12, 13. Tit. 1. 7, 8, 9. Phil. 4. 17. Gal. 3. 1. 27. and other Texts. Hence all the Prote­stant Princes, States, Cities, and Divines in Germany, in their Concordia Pia, & Confessio Fidei & Doctrinae, un­der all their hands and seals, printed Lipsiae 1584. p. 188. define the Ministers Office (commonly called Sacerdo­dotium by the Papists) to be, Ministerium Verbi, Et Sacramentorum aliis porrengendorum: Evangelical Bishops and Presbyters to be such, p. 39. Quibus se­cundum Evangelium, seu ut loquuntur de jure divino, est commissum Ministerium Verbi et Sacramentorum. And p. 15. Artic. 14. De Ordine Ecclesiastico, docent, Quod nemo debeat in Ecclesia publice docere, aut Sacramenta administrare, nisi ritè vocatus: who when thus duly called to the Ministry, ought as well to administer the Sacraments, as to preach to the people, as they there resolve, p. 316. and elsewhere: with whom all other Protestant Churches accord, as you may read at large in the Harmony of Confessions, Sect. 12, 13, 14, 15, &c. This likewise is the Resolution of our Statutes of 50 E. 3. c. 5. 1. Rich. 2. c. 15. 31 H. 8. c. 14. 32 H. 8. c. 44. 33 H. 8. c. 32. 1 Mariae c. 3. made in times of Popery; and of the Statutes of 1 Ed 6. c. 1. 2 & 3 E. 6. c. 1. 5 & 6 E. 6. c. 1. 1 Eliz. c. 2. 8 Eliz. c. 1. 13 Eliz. c. 12. (made in times of Reformation.) That Priests and Ministers ought ex officio mero, to administer the Sacra­ments, as well as preach to their People; and thereup­on these Later Statutes expresly stile all and every of them in particular, A Priest or Minister of Gods holy Word and Sacraments, in the copulative; because they are obliged to minister both of them unto their Flocks upon all occasions, both by the Lawes of God, and the Land, as they are Ministers.

2ly, As they are Parochial Ministers, Vicars, or In­cumbents of Parish Churches, they are precisely perso­nally [Page 4] and indispensably obliged, See Pontifi [...]a [...]e Rom. De Ordinatione Presbyteri, p. 41, 42. 50, 55, & p. 458 De­gradatio ab Or­dine Presbyte­ra [...]us. Fox Acts and Mo­numents, Vol. 2. p. 87. 109. ex Officio, of meer duty and right to administer the Sacraments of the Lords Supper and Baptism to all their Parishioners (who are legally 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 [Page 5] 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 [Page 6] 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; Summa Angelica, Tit. Parochia. Ange­lus de Clavasio; and 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. 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 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 Appendicis A [...]rei, l. 1. c. 11. 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 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; [Page 7] 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 [Page 8] 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 CommonNota. 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 [Page 9] 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 Parlia­mentObject. 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, [Page 10] (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 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 ad­mittedObject. 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 ofAnswer 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.

[Page 11]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 non­preaching 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 [Page 12] (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 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 [Page 13] 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; 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 andObject 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 partAnswer. 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 Conscience will never hire or autho­rize any other to discharge that Office for him, which himself holds utterly unlawfull, unevangelical, 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 flocks as none of his Pa­sture sheep. 4ly. Such a pure tender Conscience would rather resign its Parrochial charge, to avoid all appear­ance [Page 14] of evil, of scandal, and still the checks arising in it, than 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 spiritual bread and body with them, as he ought to do. 1. Cor. 10. 16, 17. 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 Curats, their Office being 1 Co [...]. 9. 16 17. 2 [...]m. 4. 1. 2. 5. 1 Tim. 4 13. 16. Col. 4. 17. Heb. 7. 24. personal and untransferrable to another, then by the self same reason, it can be no plea in Law or Conscience for this Vicar, that he 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 is a strange plea to plead conscience against doing that expresse duty, which his very place and calling oblige him both in See my Sus­pension sus­pended, and answer to 4 se­ri [...]us Quaestions. conscience and Justice to perform; Such is the free ad­mission of his Parishioners to the Lords Supper. I suppose Mr. Iohn Humf [...]eys his Treatises of free-admission unto the Lords Supper, his Rejoynder to Dr. Drake, and Iohn Timson his Bar removed, will rectifie his conscience and remove this bar, if perused by him.

To your 2 Quaere I answer, 1. It is a principle in di­vine, Civil, Canon and Common Law, and in the Gos­pleQuaere. 2. too, Beneficium propter officium; That every Mini­ster or person who enters into, and reaps the benefit of any Office or Function, ought conscientiously to per­form all the duties of his Ministry and Function, and addict himself fully and personally to discharge them, [Page 15] as Luke. 12. 42, 43. Rom. 12. 7. 1 Cor. 4. 1, 2. 2 Cor. 4. 1, 2. c. 6. 3, 4. 11, 12. 1 Cor. 9. 7. to 13. Eph. 4. 12, 13. Col. 4. 17. 1 Tim. 4. 16. c. 3. 1, 2, 3. 2 Tim. 4. 1, 2. 5. Tit. 1. 7. 2. Pet. 1. 12, 13. compared with Lu. 10. 7. 1 Tim. 5. 17. 18. Rom. 15. 27. Gal. 6. 6. 2. Thes. 3. 10, 2ly. That it is a Maxime in Law, (q) 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 lawfull for the Grantor or his heirs, tr [...]out him of his Office, and grant it to another who will more faithfully discharge it. List let on puts the case of a Parker, Steward, Constable, Bedelary, Baylywick▪ and he adds other offices &c. which extends 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 Marshals Office of England was seised as forfeited by the Judges of the Kings 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, 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 find Littleton sect. 378 379. L. qu. E. 4f. 26. 27. 2 H. 7. 11 39. H. 6. 32. 33. Br. Office 19. Forfelture. 27. P [...]ouden. f. 379, 380. 21 E. 4. 20. Cooke 8. Rep, f. 44. 9. Rep. f. 50. 95, 96, 97 & 1 Instit. f. 233, 234. several Writs to remove Co­roners from their Offices, and to elect new in their places, (l) See Fit. Nat. Brevium. f. 162. 163. & the Register, de Coronatore ex­o [...]erand [...]. because they could not, or did not attend upon their Offices. or were sick, deaf, or unable to discharge them, though elected only by the County in their County Court. And if temporal Offices have such a condition in Law annexed to them, and are forfeited by the Non­performance of them, and all the duties belonging to them, much more than spiritual, which concern mens Souls. 3. Every [Page 16] person who sustains any considerable prejudice or dam­mage by the wilful Negligence, non-performance, or mis­performance of any See Ashes Tables, Tit. Action sur le case, sect. 1, 2, 4. 7. 9, 10, 12, 13, 15. Brook and Fitzh. Action sur le case. Sheriffs, Bayliffs, Escheators, Guardian, Attorny, Vitelar, 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 expresse, 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 only divine and Spiritual services done for him; If they afterwards will not do, or fail to do such divine Service; 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 Visit [...]r of right are to do this: But if the Divine service be in certain to be done, as to sing a Masse, Placebo, or Dirige, &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 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 [Page 17] 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 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 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 [Page 18] 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 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; 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 [Page 19] 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, & that upon this Ground. Our Kings heretofore being 26 H. 8. c. 1. 37 H. 8. c. 17. 1 Eliz. c. 1. 5 Eliz. c. 1. S [...]i­liz. c. 1. Sir Io. 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 Persons, under them to discharge those Offices, Duties,( [...]) Ethelredus Abbas, de Ge­neologia Regum Angliae, Col. 359. Isaac Ca [...]s [...]b [...]n, in Epistola Exercitationibus praefixo. Fox Acts and Monuments, Vol. 1. p. 218. Io. Seldeni ad Eadmerum Notae, p 161, 162. Mat. Parker, Antiq. Eccles. Brit. in Dunstan [...]. Spelmanni Concil. p. 477.which the Laws themselves & their very Offices engaged them to perform. This is evident, 1. From the Elegant ( [...]) Oration of King Edgar to his Prelates and Clergy [Page 20] Et mea quidem interest Laicos cum aequitatis Iure tra­ctare, inter virum et proximum suum justum judicium fac [...]re, &c. Sed et mea sollicitudinis est Ecclesiarum Mini­stris, Gregibus Monachorum, Choris virginum et neces­saria administrare, et paci eorum ac quieti consulere: D [...] quorum omnium Moribus ad nos spectat examen, si vivunt continenter, si honeste se habent ad eos qui fores sunt, si in Divinis Officiis solliciti, & in docendo populo aseidui, si victu sobrii, si moderati habitu, si in Iudiciis sunt discreti, &c. Ego Constantini, vos Petri gladium ha­betis in manibus; jungamus dextras, gladium gladio [...]o­pulemus, ut projiciantur extracastra leprosi, &c. 2ly, From the Statute of Magna Charta, c. 29. We shall de­ny nor deferre 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 & temporal persons, Freemen of the Realm of England, c. 1. & 2. 3ly; From this usual recital in our Kings writs:Register of Writs pars 2. f. 10. 15. 38. 127. 189. Fitz. Na [...]. B [...]e. f. 153, 154, &c. See the 2d Part of my Soveraigne Power of Par­liaments, p. 79, 80.Nos qui singulis de Regno nostro in exhibitione justitiae sumus debito­res: Nos volentes Quibuscunque legis nostris in Cu­riis nostris plenam et celerem Iustitiam exhiberi. Pracipimus, &c. Iusticiae complementum sibi fieri et nullatenus differri, &c. secundum legem et consuetudi­nem Regni nostri. 4ly, 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 writ is granted, In like case when like remedy faileth, the writ shall be made as hath bin used before: And from henceforth as often as it shall fortune in the Chancery, that in one case a writ is found, and in like Case, falling under like Law, and requiring like remedy there is found none; the Clerks [Page 21] of Chane [...]ry shall agree in making the writ, or the Plaintiffs may adjourn 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 bave writs provided in their cases: By vertue of which Statutes, the Subjects grieved, have usually had not only a writ grounded thereon, particularly stiledFitzh. Br [...]ef 2 [...]3, 309, 794, 807, 810 849, 947. &. Entre 3 7, 8. 61, 68. Natur. Brev. f. 206, 207. 38 H. 6. 3, 12, 30. Cook l 8. f. 49. Instit. 2. f. 405, 407, 486.in constmili casu, but many other Writs, as appeareth in our Books, though they bear not that name. And by vertue thereof, I am clear 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: 5ly, From the antient writ of William the Conqueror toCart. 2. R. 2. m. 12. n. 5. F [...]x Acts and Mon. l. 4. p. 154 J [...]h. Seldeni ad Eadmerum Notae, p. 16 [...].Remigius Bishop of Lincolne, and all other Bishops and Archdeacons. Wil­lielmus Dei Gratia, &c Propterea mando et 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 ejus nutum expectabant. Non ergo pati vole­bat quinquam in omni Dominatione sua constitutum, Ro­manae [...]rbis Pontificem, pro Apostolico, nisi se jubente re­cipere, aut ejus Literas si primitus sibi ostensae non fuissent ullo pact [...] suscipere, Primatum quoque regni sui, Archie­piscopum dico Cantuariensem, si coacto generali Epis. coporum Concilio, praesideret, Non si [...]ebat quicquam [...]atuere vel prohibere, nisi quae suae volunt ati accommo­data, et à se primo essent ordinata. Nulli nihilominus Episcoporum concessum iri permittebat, at aliquem de Ba­ronihus s [...]n Ministris, sive incesto, sive adulterio, sive a­liquo capitali crimine denotatum, publicè uisi ejus pracep­to [Page 22] implacitaret aut excommunicaret, qut ulla Ecclestasti­ci rigoris poena co [...]stringeret: Therefore not to suspend or seclude them from the Sacraments, (much lesse, 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.

6ly. This is most apparent by the usual known print­ed Writs Fitz Nat. Bre. f. 153, 154. Register of Writs. De Procedendo ad Iudicium, when any Judge or Court of Justice delays the Plaintiff or Defendant of his right, in not giving Judgement for them, when and so speedily as they might Fit. Nat. Bre. f. 2 [...]9. Register of Writs. De Libertatibus all [...]can­dis, when the Justices of the King, Eyre, or Forrest, deny or delay to grant any Burrough or Person the an­tient liberties they formerly enjoyed by Charter or pre­scription. The Writ Register of Writs Fit. N. Bre. f. 234. Clause 20 E. 3 part 1. m. 18. 14. De Lepros [...] amovendo to the May­or of London and other Officers, to remove Leapers which infect the people, and De villis & venellis mundandis, when they neglect to remove the one, and clense 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, Seaba [...]ks, and the like, extant in the Clause and Patent Rolls, before any Statutes made for their repair: The Writs Fit. Nat. Bre. f. 228, 229. 163, 164. De reparation [...] facienda, De Cu­ria claudend, & 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. with manyother Writs of this Na­ture to temporal Officers, persons: By these ensuing Writs to Ecclesiastical persons, as namely the usual Writs to Bishops Fit. Nat. Bre f. 38, 39. 63. 64 65. and the Register of Writs. Ad admittendum Clericum, & De Cautio­ne ad [...]i [...]tenda, to inforce them to admit Clerks, and ab­solve excommunicate persons upon caution tendred, when they refused to doe it against Right and Law. To which I shall add, Claus. 24. E. 1. dors. 10. and 8. Claus. 3 [...]. E. 1. dors. 9. Claus. 33. E. 1. dors. 16 Claus. 34. E. 1. dors. 10. Claus. 8. E. a. m. 25. Claus. 20. E. 2. dors. [Page 11] 16. 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.

But that which comes nearest to our case, and is the same in substance (Confirmation and Crisme being for­merly reputed See Lynde­w ed Summa Angelica, Ro­sella & Tho­mas Z [...]r [...]la Praxis Epis­copal. 1 Tit. Crisma & Confirmatio Sacramentum. Sacraments amongst us in times 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 Cornwall, 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 crisme to baptize their Infants, or to confirm their Children: Vpon complaint whereof to the King, there issued a writ out of the Chancery to the Bishop, comman­ding him to absolve them, Confirmare parvules, & Crisma mittere, to confirm their Children, and send them Crisme to baptize their Infants. This Record was vouched and shewed to the Judges of the Kings 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 Mr. Noy their Counsell 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 Church-warden was admited 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 Parishoners, confirm their [Page 24] Children, and send them Crisme 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 Iustice upon all occasions, by virtue 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 and accustomed seasons, or to admit them freely to those Sacraments, according to their bounden duties, to which their very Office with the Lawes of God and the Realm oblige them, unlesse 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 doe conform, and assent to do it; as well as in the Case of a 37 H: 6. 14 Broke, Quid Juris clamat 18. Imprison­ment 26. 3 E. 3. Per quae servitia, Fitzh. 17. Ash At tornment 9. & 12. Quid Juris clamat, or Per quae 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, wch the Law will not admit) it being a personal duty, not performable by any other. I shall conclude this with that memorable Record of Pat. 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 Gods 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 Second Part of my Short Demurrer to the Iews long discontinued Re­mitter into England, p. 87, 88. And if our Kings by their Writs might lay such Injunctions on the Vnbelieving English Iews, much more may they enjoyn all English [Page 27] Ministers to administer the Sacraments to their people, and they for to frequent and receive them, especially when so long discontinued, neglected, slighted, deny­ed, to Gods dishonour, Religions scandal, our Churches infamy, good Christians greatest grief, the grand increase of Impiety, Prophanesse, Scisme, and decrease of Christi­an Amity, Unity, Zeal, that cordial Brotherly love and sweet Communion which was between Ministers & their people, & between privat Christians hertofore when Sa­craments were more frequent. Finally, If any Parson or Vicar for 2. years space refuse and cease to administer the Sacraments 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. Natura Brev. f. 209. L. 5. E. 3. 25. b. Re­gister f. 238. Fit. Cessavit, 12. 18, 24. 12. H. 4. 24. 45 E. 3. 10. Ploud. fo. 58. Cook 4. Rep. f. 118. 11 Rep. f. 63. &2. Instit. f. 460. more then intimate, if not ful [...]y resolve.

These Legal remedies, if pursued in a just & Christian way, may through Gods blessing reduce many refracto­ry Parochial Ministers and Vicars, to the due admini­stration of the Sacraments to their Parishioners, which too many of them have of late totally, and divers in a deplorable measure cast off; restore the comfortable, fre­quent enjoyment of them to those Parishoners who have a long time earnestly thir [...]ed 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 years 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 avowed, and much advanced of late years by un­christian and illegal practises, gilded over with religious Pretences: This is the Opinion and Judgement (in an­swer to your Case and Quaeres) of your Friend and Counsellor,


Errata p. 3. l. 10. r, porrigend: p. 5. l. 8. it was. p. 7. l. 1. 29. r. 23. p. 20: l. 20. Legeis.


OUr Vicars and Ministers refusal to administer the Sacraments to their Parishioners, is in truth an actuall penal suspension and excommunica­tion of them, without any precedent citation, Articles, legal proceeding, hearing, or sentencdenounced against them in any Ecclesiastical Classis, or Iudicature, Wherefore as King Pat, 25. E. 1. pars 1. [...]. [...]. 10. 12. pars. 2. m. 5. Claus. 25. E. 1. dors. 6. Claus. 30, E. 1. dors. 14. Claus. 12. E. 2. m. 12. Claus. 15. E. 3. pars 1. dors. 39, 40. Edward 1, 2, and 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, and duly obeying their Mandates and to absolve all those they had excommunicated upon this account: and likewise issue out Writs to their Sheriffs, De promulga [...]tibu [...] 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, to admit them to the Sacraments, and administer them duly to them; yea writs to the Sheriffe to attach and imprison them in case of their willfull neglect or contempt herein. Claus. 12 E. 2. m. 20. The Arch. bishop of York and his Mini­sters oppressed, vexed the people of his Diocesse in his Courts, & 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 conusans of these crimes. Upon Petition to the King and his Counsel a­gainst thesemalicious citations, by the people, there issu­ed a special Writ to the Bishop, reciting and prohibiting [Page 30] 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 oppresse, vex, injure their Parishioners, by depriving them of the Sacraments at due and accu­stomed seasons, farre worse than these malicious Citati­ons, which were but Ecclesiastical Process, when as these amount at least to And that for sundry months, nay years, many whole Cities, and Parishes. Ecclesiastical Censures, Suspen­sions, Excommunications from the Sacraments. 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 The Register, Fitz. Nat. B [...]e­f. 233, 234. Apostata Capiendo (of which I find Pat. 25 H. 3. dors. 8. Pat 39. H. 3. m. 10. Pat. 47 H. 3. pars 1. m. 20. Pat. 49. H. 3. m. 2. Pat. 53 H. 3. m 31. Pat. 54 H. 3. m. 28. Pat 3 E. 1. m. 19. Pat. 4 E. 1. m. 29. Pat. 9 E. 1. m. 22. Claus. 12. E. 2. dors. 12. Claus. 25. E. 3. pars 1. dors. 14. 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 Preists 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 nostro et famili [...] nostra longo [...] Crines habentium, et capillos nutri [...]ntium, &c. Pat 21 H. 3. Do [...]s. 3. By the like and better reason then may special Writs be issued, to reduce Ministers of­fending in, & 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, & 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 Ministry, function, yea the Sacraments themselves, and their peoples grief, offence, and Spiri­tual prejudice, who may doubtless have a See Brooke, Fitzh. Ash. Action sur le Statute. special acti­on at law against them, on the Statute of 1 Ed. 6. & 1 [...] Eliz. c. 2. for their relief herein.


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