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 to preach to their Parishioners; with the Legal Remedies to reclaim them from, or punish and remove them for their wilful obstinacy in denying the Sacraments to them. By William Prynne Esq a Bencher of Lincoln's inn; to whom these Quaeres were newly propounded by some clients. August. contr▪ Cresconium Grammaticum, l. 2. c. 10. Christiana sane in vobis Sacramenta cognosco, et in his illud quoque diversum improbo ac respuo, quod cum eadem etiam in Schismate habea●●, eadem Catholicis ex●fflatis. 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 Year, 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 vicarage and Parish Church of B. having immediate and sole Cure of Souls (the Rectory being impropriate) and receives the whole Profits thereof from the Parishioners, to whom he usual preacheth; but yet (after many friendly solicitations and Meetings) peremtorily denieth publicly to administer the Sacraments of the Lord's 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 newgathered 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 vicarage 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 publicly 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 A. for his obstinate peremptory refusal to administer the Sacraments publicly, personally, and duly to them? To what penalties A is liable 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 knowledge 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, ancient or Modern, Papists or Protestants, (whether Lutherans, Calvinists, Presbyterians, or Independents) I have seen▪ and the express Resolution of the Church of England, both in ancient & 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 Christ's one Gospel Institution, specially ordained, enjoined, as well to administer the Sacraments of Baptism and the Lord's 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, etc 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. 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. and * Heb. 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, aught 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 expressly style all and every of them in particular, A Priest or Minister of God's 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 mere duty and right to administer the Sacraments of the Lord's 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. John Cowel in his Interpreter, and John 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 subjoin, A Parochial Church is that which is instituted for the saying of Divine Service, and ministering 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 administered in it. And the Statute of 32 H. 8. c. 32. For the Church of Whitegate to be made a Parish of itself, and no part of the parish of Over; proves it to be a Parish Church anciently, from this very reason, Because the Inhabitants and Tenants within such places and precincts, time out of mind, came and resorted to the said Parish-Church of Whitegate, within which times they have continually received Sacraments and Sacramentals at and in the said Church, and have continually used to marry, bury, and christian 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'nt, because it was over-painful (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 ministered 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 styled, because originally built by the Patrons and Parishioners for their ease, use, benefit, and the use of, and ast; Pas●. 2 Car. B. R. Carlton and Hutton's case resolved. seats in them are still in the Patron & Parish, who repair them) were originally built and ast; Pontificale 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 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, etc▪ 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 styled Par●chial: he his styled a Parish-Priest or Minister, as Duarenus and others forecited resolve, because he is specially obliged to preach, administer the Sacraments, and perform all other duties belonging to a Minister, to all and every Inhabitant of that Parish to whose Church he is presented, instituted inducted; and not to any others, but only voluntarily when he pleaseth, being married and espoused to that peculiar parish; whence he is styled * See Calvinii L●x 〈◊〉 〈…〉 cum. Tit. Parochia & Parochus. Parochus, and the people Parochia, by the Canonists and Lawyer; a Summa Angelica, Tit. Parochia. Angelus de Clavasio, and b Praxis Episcopalis, pars 1. Tit. Parochia, sect. 3. f. 162. Franciscus Zerula, thus describe the Office 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. 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 an d Littleton, sect. 180. 14 H. 7. 25, 26 Cook's 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 himself to discharge these his Pastoral duties him●elf, 1 Tim. 4. 15, 16. Acts 6. 4. This duty of administering the Sacraments, as well as preaching, is so inseparably annexed to every Parochial Minister, Vicar and Incumbent, that e Appendicis Aurei, l. 1. c. 12. sect. 18. 20. p. 53. Jacobus de Graffiis, f Ind. cap. Omnis in Glos. executionem. Jo. Andreas, and other Casuists, question, whether Parochus potest assumere alium Sacerdotem in adjutorem pro administranda Eucharistia, vel in 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 rubrics therein; the Articles of the Church of England, Artic. 23, 26. 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, enjoining 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 fiat suspended p. 24, 25, 26. Giving & receiving being relata; all those Texts, Laws, that prove it the people's duty to receive the Sacraments▪ de eo Nomine oblige the Minister to admit and del●ver to them. Posito 〈◊〉 relatosum ponitur alterum. Mr. John Humphrey. A Second Vindication of Free-admission to the Lord's Supper. p. 125, &c. thrice every year in person (which they used to administer ever● Lord's day to the people in the primitive Church, as I have elsewhere proved 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 Christ's 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 unkindness you will not add 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 yourself, &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 less 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 ministered unto the people within the Church of England and Ireland, & other the King's Dominions, under both the kinds of bread and wine; That the people present shall receive 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 cometh, after a godly exhortation by the Minister made, the said Minister shall not without a lawful 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 Lord's Supper, and administration of the Sacrament of Baptism, and of the Lord's 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 lawful 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 bail 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 person admitted to any benefice with Cure, shall publicly 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 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, vicar, 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 express 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; therefore 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 Cook's and other mistakes in this point; which threefold assent the objected Ordinances wanting, are mere Nullities in Law, and can no ways repeal these forecited Statutes, remaining still in their Legal power. 2ly. Admit these Statutes repealed, or suspended by these Ordinances, (which I deny in point of Law) yet these very objected Ordinances, and the Directory itself, positively enjoin all Ministers and Vicars, duly to administer the Sacraments of the Lord's 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) than 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 an * See 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 human 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 merely void in Law by the express 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 gross 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 moiety at least of their Pastoral Duties, to which the Laws of God and the Land oblige them. We lately decried it as an impious Solecism & excuse in our old lazy non-preaching Parsons and Vicars; that they alleged, 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 Monument. Vol. 2. p. 614. See Re●ves and Shelfords' Treatises to the same purpose. Dunkelden, and other Lordly prelates, 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 idleness, admit our New Parochial Incumbents to plead they are only half-Ministers; bound solely to preach, but not to Baptise, administer the Lord's Supper, Catechise, visit the sick Marry, Bury, as all their Predecessors did? If any gentleman's 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 boil, but not to roast 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 linen, 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 endure, 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 affirm, they took the ●ole cure of their souls only to reap all their Dues, Tithes, and to feed them with God's word in the Pulpit, (of which the * Mat. 28. 19, 20. Acts 26. 18. c. 15 3. c. 21. 22. 2 Tim. 4. 17. unconverted, unbaptised heathens, are capable as well as Christians:) but not with Christ's Sacramental body or blood at the Lord's 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 catechise 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, unless they will unmodel themselves from a Parochial Church, into a private Congregational conventicle? Those who have hearts of * Eze. 3. 9 Adamant, or faces of brass, publicly 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 painful 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. saviour's own practice, 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. Feild of the Church. visible Church, wherein the word of God is truly preeched, and the Sacraments duly administered,) may justly fear they are no true shepherds, but rather thieves, robbers, hirelings; because they withhold from their flocks the Sacrament of their Spiritual Regeneration; yea the Body, blood, Cup of our Lord Jesus Christ, the g 1 Pet. 2. 3. Hebr. 13. 20. chief shepherd of the Sheep, who bequeathed it to them as their chiefest Legacy, at his death, though themselves stile and confess 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 churchways, thereby making the very * 1 Cor. 11. 26. to 33. Sacrament of Christian love and union, 1 Cor 10. 16, 17. a mere Seminary of Schism, contention, division, separation. 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 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; h Mat. 23. 23 Lu. 11. 42 which they ought to do, yet not to leave their preaching undone, which though it be the first and chiefest part of their Ministry, yet 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 Lord's 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 mere fiction. 3. If he refuse to do it himself, out of conscience, as a thing utterly unlawful in his judgement for him to administer unto his Parishioners, whilst in a Parochial way; with what conscience can he hire another to do that in his behalf and right, which himself holds sinful, unlawful for himself to do? Doubtless a sincere purely tender conscience will never hire or authorise any other to discharge that office for him, which himself holds utterly unlawful, 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 evil, 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 Lord's Table as his real flock, or as one speritual bread and body with them, as he ought to do. 1. Cor. 10. 16, 17. and that only upon this ground, because they will not conform to the new Independent garb against our laws, 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 laws, nor his parishioners, is no Satisfactory plea before Gods or man's 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 nonresident Prelatical clergymen heretofore, that they preached and discharged their ministerial function by their Curates, their office being i 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 express 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 Lord's 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 Humphrey his Treatises of free admission unto the Lord's Supper, his Rejoinder to Dr. Drake, and John Timson his Bar removed, will rectify 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, 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 maxim in Law, k 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 itself, 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 seized 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 find l 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 only by the County in their Couny-Court. 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 than spiritual, which concern men's Souls. 3. Every person who sustains any considerable prejudice or damage by the wilful negligence, non-performance or misperformance of any m 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, bailiffs, Escheators, Guardian, attorney, Viteler, ostler, Smith, physician, chirurgeon, Carpenter, Mason, or other Officer, or person entrusted 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 only 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 n See Cook's 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 tithes and 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 publicly in the Parish-Church, as he cannot charge with any scandal or ignorance, and to baptize their Children according to his duty, else to resign his place to such a godly Minister as will constantly do it: and if he peremptorily and frowardly deny to do either, or to allow such other able Minister as the Parishioners shall make choice of to perform these duties to them, they may then o Mr. Burroughs did so 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. publicly 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 vicarage, and the Patron may present another. 2. They may all, after such refusal, jointly 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 Flock and Cure, owning only 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: this p See Cook's 1 Instit. f. 101, 102, 362, 363. and Brooks and Fitz. Tit. Disclaimer. disclaiming of them, being a kind of resignation of his vicarage, 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 shall not eat of their Corn, at his own or their Tables, by way of retaliation. Our * 21 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, attorney or physician, 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 than 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 selfsame Reason, as Executors and Legatees, now sue at the common Law, and in Chancery, for such things, such Legacies, and Ministers for such tithes and Duties, as formerly they had no suit nor remedy for, but in Ecclesiastical Courts alone; else there should be a great failer of Justice: and because no Ecclesiastical q See Brooks and Fitz. Tit. Conusance & 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 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 vicar's 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 vicarage, 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 precedents. Grants. 337, 354. free chapels used to be, and are still collated; and that upon this Legal Ground; r See M. Seld●ns History of tithes, 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 licence, (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, engrossing 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 s 8 E. 3. 69, 70. 8 Ass. 29, 31 Cook's 1 Instit. f. 344. a. Fit. nature. brev. 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 Visitor of the Church) for not administering the Sacrament and discharging his pastoral Office, is * Sir John Davis Reports, f. 39 b. revived, resettled in him by Law: So as he may now justly enter, put out, or deprive the Vicar, as the Bishop 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 clear, compared with 21 E. 3. 46. 13 E. 4. 8, 9 Br. Extinguishment and Reviver. 16. 46. Cook's 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 customs 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, being * 26. 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 governors in and over all Ecclesiastical and Temporal Causes, and persons, had by the very Common Law of England a sovereign Power, without any Act of Parliament, by their remedial Writs upon all occasions, to enjoin 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 governors 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 Lord's 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 Elegant t Ethelredus 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 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 honest 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 judiciis 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 King's Writs: u Register of Writs pars 2. f. 10, 15, 38, 127, 189. Fitz. Nar. Bre. f. 153, 154, &c. See the 2d Part of my sovereign Power of parliaments p. 79, 80. Nos qui singulis de Regno nostro in exhibitione justitiae sumus debitores: Nos volentes quibuscunque legis nostris in Curits nostris plenam, & celerem justitiam 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 King's 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 been 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 of Chancery 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 King's Court should fail to minister justice unto Complainants. And lest suitors coming to the King's Court should depart from thence without remedy, they shall have Writs provided in their Cases: By virtue of which Statutes, the Subjects grieved, have usually had, not only a writ grounded thereon, particulatly styled x Fitz. Brief 283, 309, 794, 807, 810, 849, 947. & entry 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 virtue thereof, I am clear of Opinion, the Parishioners may have a special Writ against their Vicar in this very Case, to enjoin him to administer the Sacrament of Baptism and the Lord's Supper to them and their Children, to admit them thereunto, as well as a writ 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 writ of William the Conqueror to y Cart. 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 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 ways 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 writs b Fitz. Nat. Bre. f. 153, 154. Regist of Writs. De Procedendo ad Judicium, 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. c 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 burrow or Person the ancient Liberties they formerly enjoyed by Charter or prescription. The writ d Register 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 e 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 Writs f Fit. 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 writs 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: with many other writs of this nature to temporal Officers, persons: by these ensuing writs to Ecclesiastical persons; as namely, the usual Writs to Bishops g 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 clergymen, 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 writ 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 seizure of their Baronies, Claus. 41. H. 3. pars 1. dors. 5. A writ 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 writ to the Bishop of London enjoining him no longer to permit any persons to come and worship quandam Tabulam, (having divers pictures in it, and the Earl of Lancansters amongstothers) which they worshipped and adored, tanquam rem sine sanctum, absque authoritate Ecclesiae Romanae: with sundry suchlike Writs to Bishops and clergymen in our Records, the grounds whereof extend to our present case. And Claus. 4. H. 3. m. 10. A writ 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 nearest to our case, and is the same in substance, (Confirmation and Chrism being formerly reputed * See 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 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 oil and chrysm 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 showed 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 King's Bench for a Writ and Mandamus to the Official, to admit the Churchwarden, or if he did not, to show good cause to the Court why he refused to do it; which the Court upon view of this precedent granted them, and upon it the Churchwarden was admitted to his Office: If then our Kings, and their Courts of Chancery and King's Bench might enjoin this Bishop and this Official by special Writs and Mandates to absolve these interdicted Parishioners, confirm their Children, & send them Chrism to baptise their Infants, and to admit the Churchwarden the others had chosen according to their duties, by the Statutes of 13 E. 1. c. 24, 25, 50. forecited, or by their own inherent jurisdiction without any special Act of Parliament, being things to which they were obliged by our Laws & their very offices, duties to perform; then by the selfsame Law and Reason, may our Kings, and Courts of Justice 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 Lord's 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 show a legal cause to the contrary, (as none of them can do) and in case they refuse to do it, they may thereupon be attached, fined, imprisoned, till they do conform and assent to do it; as well as in the Case of a * 37 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, bailiffs, and Lieges, effectually to summon, admonish and induce all the Jews within their bailiwicks, diligently to meet together to hear God's word preached to them by the friar's penitents 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 enjoin all English Ministers to administer the Sacraments to their people, and not to hinder any of them from this * See my Answer to 4 serious questions, my suspension suspended, Mr. Humphrey 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 God's dishonour, religion's scandal, our chuches' insamy, good Christians greatest grief, the grand increase of impiety, profaneness, 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 years' 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 than intimate, if not fully resolve. These legal remedies, if pursued in a just and Christian way, may through God's blessing reduce many refractory Parochical Ministers and Vicars, to the due administration of the Sacraments to their Parishioners, which too many of them have of late, totally, & divers in a deplorable measure cast off▪ restore the comfortable, frequent enjoyment of them to those Parishioners who have a long time earnestly thirsted after them, and prevent the Anabaptistical, Jesuitical design of g 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, publicly allowed, and much advanced of late years by unchristian and illegal practices, gilded over with religious pretences: this is the Opinion and Judgement (in answer to your Case and Quaeres) of your Friend and Counsellor, Will: Prynne. Lincoln's inn, 20 Junii, 1656. AN APPENDIX. OUr Vicars and Ministers refusal to administer the Sacraments to their Parishioners, is in truth an actual penal suspension and excommunication of them and their Infants from the Lord's Supper and Baptism, without any precedent citation, articles, legal proceeding, hearing, or sentence denounced against them in any Ecclesiastical Classis or Judicature, against all rules of Religion, Conscience, Law, Justice, and the express Letter of Magna Charta, c. 29. Wherefore, as King Edw. 1, 2, & 3. did issue forth several Writs and Mandates to their Bishops and Clergy, * Pat. 25. E. 1. pars 1. m. 9, 10, 12. pars a. 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. not to convent, question, censure, excommunicate any of their Officers or Subjects within their Dominions, for discharging their Duties, & duly obeying their Mandates, and to absolve all those they had excommunited upon this account; and likewise issue out Writs to their Sheriffs. De promulgantibus sententiam excommunicationis in Ministros Regis capiendis & imprisonandis, for obeying their commands: So by like Justice, Reason, may Writs be issued to all those Vicars and Ministers who deny the Sacraments to their Parishioners, without any legal cause or sentence of suspension or excommunication first denounced against them, commanding them peremptorily to admit them to, and administer the Sacraments duly to them; yea, Writs to the Sheriffs to attach and imprison them in case of their wilful neglect or contempt herein, Claus. 12. E. 2. m. 20. The Archbishop of York and his Ministers, oppressed, vexed the people of his diocese in his Courts and Visitations, by malicious citations for pretended adulteries, and other Ecclesiastical crimes, before they were publicly defamed of, or presented for them, and for which they could not aid themselves by the King's prohibition, they having legal conns●●s of these crimes: upon Petition to the King and his Counsel against these malicious citations, by the people, there issued a special Writ to the Bishop, reciting and prohibiting such citations and proceedings for the future; De oppressionibus populo per citationes non inferendis. By like reason and equity may special Writs now be granted to Ministers, not to oppress, vex, injure their Parishioners, (especially such as are neither scandalous, ignorant, nor actually excommunicated) by depriving them of the Sacraments at due and accustomed seasons, far worse than those malicious citations, which were but Ecclesiastical process, when as these amount at least to Ecclesiastical censures, suspensions, excommunications from the Sacraments, & that for sundry months, may, years, of many whole Cities and Parishes, without any legal accusation, conviction, hearing. In times of popery, if any religious person or Monk professed, departed from his house, and wandered 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, Tir. Nat. Bre. f. 233, 234. Apostata capiendo (of which I find * Pat. 25. H. 3. dori. 8. Pat. 39 H. 3. m. ●o. 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. ●. 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●. dors. 14. many precedents in our Records) for the Sheriffs to apprehend and deliver him to his Abbot or his Attorney, to be chastised according to the rules of his Order. And if any Priests wore long hair (against the Canons and rules of their Order in the King's Court, where the Ordinaries had no power to reform them, the King himself granted a special Writ and commission to certain persons, giving them plenam potestatem scindendi capillos Clericorum qui sunt in Hospitio no●●ro, & familia nostra longos crines habentium, & capillos nutrientium, &c. Pat. 21. H. 3. dor. 3. By the like and better reason than may special Writs be issued, to reduce Ministers off●ending in, and apostatising from the very essential duties of their function, (not in circumstantials only, as these in former times) to the due execution of the duties of their function, and administration of the Sacraments to their Parishioners, according to the rules of their Order, the Statutes of the Realm, the Doctrine, custom of the Church of England so much now slighted, contemned by them, to God's dishonour, the vilipending of their ministry, function, yea, the Sacraments themselves, and their people's grief, offence and spiritual prejudice, who may doubtless have a * See Brook, Fitzh. Ash. Action sur le Statute. special action at law against them on the Stat. of 1 Ed. 6. & 1 Eliz. c. 2. for their relief herein. The Sacraments of Baptism and the Lord's Supper are bequeathed by Christ to all visible Members of every visible Church, as visible, (who are known to their Ministers) not to the elect, invisible, regenerated Members only, infallibly a 2 Tim. 2. 9 1 King. 8. 39 2 Chron. 6. 30. known to God alone, but not to any mortals: Every Member of a visible Church, hath an equal right to, and b Eph. 2. 13, 10. 22. c. 4. 4, 5, 6. Col. 3. 11. 1 Cor. 10. 1, 2, 3, 4. c. 6. 17, 18. c. 3. 21, 22, 23. in all Sacraments, Ordinances, privileges of the visible Church, as he is a Member of it, by virtue of his Membership; as c Magna Charta, c. 29. The Petition of Rights 3 Caroli 5 E. 3. c. 9 25 E. 3. c. 4. 28 E. 3. c. 3. 47 E. 3. c. 18. 42 E. 3. c. 3. all Freemen of England have an equal interest in all the Laws, Rights, Liberties, Franchises of the Realm of England, as they are native Freemen of the Body politic of England. As therefore no English Freeman may or can by Law be debarred from the use and benefit of the common Laws, Liberties and Franchises of England, or any pretended or real crimes, but by and upon a legal conviction, and judgement according to the Laws of England; so no member of the Church of England (of ripe years, and in his right Senses) may or can be debarred from the Lord's Table, or any other public Ordinances, privileges of the Church of England, for any pretended scandal, but by a judicial legal sentence of Excommunication, whereby he is actually suspended or cut off from being a Member of the Church for the present: his very Membership, whiles he is a Member, entituling him of Right to whatever Ordinances any other Members enjoy, and to participate with them therein. It is therefore as great, as high an Injury, Injustice, Tyranny, for any Ministers whatsoever, to deny, seclude, all or any of their Parishioners from receiving the Lord's Supper, upon any pretext of scandal, ignorance, unpreparedness, or for fear those who are scandalous and unregenerate, should participate with such who are regenerated, if they should permit the Eucharist to be frequently celebrated, without or beside any real accusation, conviction, and excommunication of them by any legal Ecclesiastical Jurisdiction; as for any Judge or temporal Officer to outlaw, imprison, banish, disinherit all or any of them of their hereditary Franchises, Liberties, Free-holds, without the least legal Indictment, Trial, or judgement by their Peers for any real or pretended crimes, or misdemeanours surmised or suggested against them: and therefore not patiently to be tolerated any longer, but suddenly reformed, reduced by all legal means and lawful civil Power, without partiality or connivance; who ought to be as careful of the people's spiritual Food and privileges, as of their Ministers tithes and Duties; and to do equal right to both. FINIS.