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 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 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 Year, 1656.   

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

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 ●e usually preacheth; but yet (after many friendly Solicitations and Meetings) peremptorily denieth publicly 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 Vicarage 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 publicly 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 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 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 knowledge 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, etc.  Councils, Fathers, Canonists, Casuists, Schoolmen, Divines, 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, ar. 23. 26. Homilies, and late Directory; That all Ministers, Presbyters, Priests, whatsoever, lawfully called and ordained, are by Christ's own Gospel Institution, specially ordained, enjoined 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. etc. 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. 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 Minister's 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, 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 Church's accord, as you may read at large in the Harmony of Confessions, Sect. 12, 13, 14, 15, etc. 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 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 mere 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) publicly 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 Pontificate Romanum. p 247, 259. De Ecclesiae 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 it, because 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 to the comfort and consolation of their Parishioners, is most requisite and behooveful. So that Parish Churches (so styled, 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; 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 Parochial: He is 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 Parochus, and the people Parochia▪ by the Canonists and Lawyers; 
a Summa Angelica, Tit. Parochia.  Angelus de Clavasio; and 
b Praxis Episcopalis, pars 1. Tit. Parochia, sect. 3. f.. 162.  Franciscus Zerula, thus describe the Office as a Parish Priest, or Vicar. Parochi officium est, Primo praedicare: Pu●ros rudimenta fidei et obedientiam docere: Vim, et usum Sacramentorum exarare populo: Oves suas agnoscere, et bono exemple pascere; Sacramenta administrare, etc. 
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, etc. aliaque opera Parochianos tangentia, facere tene●ur. And he is called an 
d Littleton, sect. 180. 14 H. 7. 25, 26. Cooks 1 Instit. f. 119 b.  Incumbent, both by the Common, and Canon Law, from the word Incumbo, because ●e ought diligently and wholly to apply himself to discharge these his Pastoral duties himself, 1 Tim. 4. 15, 16. Acts 6. 4. This duty of administering the Sacraments, as well as preaching, is so inseparably annexed to every Parochial Minister, Vicar and Incumbent, that 
e Appendicis A●rei, l. 1. c. 11. sect. 18. 20. p. 53.  Jacobus de Graffiis, 
f Ind. cap. Omnis in Glos. executionem.  Jo. Andreas, and other Casuists, question, whether Parochus potest assumere alium Sacerdotem in adjutorem pro administranda Eucharistia, vel in offici● praedicandi, vel aliis? Resolving affirmatively, that he may, only for a season, when himself by reason of sickness or multitude of the Communicants, or other necessary occasions, is unable to discharge those duties in person, quia tunc necessitas legem non habet. Non tamen possit per viam delegationis generalis committere alicui omnem suam curam, quia videretur se exonerare, Cum tamen debeat per se exercere. With these Canonists, the book of the Consecration of our English Ministers; the 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. 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, enjoining all Parsons, Vicars, Incumbents whatsoever, to administer Baptism and the Eucharist to their Parishioners, at least 
* See Spelmani Concil. p. 529, 548 615 616▪ and my Suspension suspended, p. 24▪ 25, 26. Giving & receiving being ●olata; all those Texts, Laws, that prove it the people's 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, etc.  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? etc. I for my part am here present, 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, etc. 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 Looker's on them that do communicate, and be not partakers of the same yourself, etc. How many Ministers now a days preach direct dehortations from the Sacrament, pointblank against this Exhortation and their duties, prescribed by God himself, and no less 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 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 th● same who shall, at least one day before, exhort, all persons which shall be present, likewise to resort, and prepare themselves to receive the same: and when the day prefixed 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 deboutly and humbly desire it; any Law, Statute, Ordinance, or custom to the contrary hereunto in any wise notwithstanding. 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 Baptism, and of the Lords Supper, in such Order and form as is mentioned in the Book of Common 
Nota.  Prayer; And if any manner of Person, Vicar, or other whatsoever Minister that ought to minster the Sacraments shall refuse to minister the Sacraments, in such Cathedral or Parish-Church, or other places, as he should use to minister the same, in such Order and form as they be mentioned and set forth in the said Book: or shall wilfully and obstinately standing in the same, use any other Rite, Ceremony, order, form, or manner of administration of the Sacraments, then is mentioned and s●t forth in the same Book: That upon his 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 Mainprize; 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 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 express Statutes of our Protestant Parliaments, as well as by our Canons, Convocations, Divines and the whole Church of England.  
If any object, that these Statutes are now abrogated, 
Object. 1.  repealed by the Ordinances of both Houses, prescribing the use of the Directory, in place of the Book of Common Prayer and administration of the Sacraments; Therrfore Ministers are not now obliged by them to administer the Sacraments to their Parishioners.  
To this I answer, 1. That no Ordinance of Parliament 
Object.  whatsoever (especially to repeal or alter former Acts of Parliament) can be made without the threefold consent of King, Lords and Commons in Parliament, an Act and Ordinance of Parliament being all one, and requiring the selfsame triple 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 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 Lords Supper and Baptism to all their Parishioners (duly prepared and qualified according to these Ordinances) as well as these Statutes and the Books of Common Prayer. Therefore if these Ordinances or the Directory be still in force, they are bound by them to administer the Sacraments to their Parishioners; But if they be grown out of date, and absolete, (as the Objectors and those of the Congregational way believe, who will not submit unto them) than 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 Monuments, vol. 2. p. 87, 388, 392, ●9●.  essential, inseparable part of every Minister's 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 admitted 
Object. 2.  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 
Answer  admissions and Institutions used, they are merely void in Law by the express resolution of the Statute of 13 Eliz, 6. 12. and the other forecited Acts: And Ministers thus admitted are but only bare Lecturers, not Parsons, Vicars or Incumbents by our Laws, & so the Church still void notwithstanding such admissions, which are only to one part of their ministerial function, not to all their spiritual cure.  
2ly, Such admissions to Cures are strange monstrous Impostures, Hypocritical Delusions, yea gross Absurdities, execrable to God and all honest Christian men; enabling Ministers to receive the whole Tithes, Deuce of their Parishioners, yet exempting them from the moiety at least of those 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 Monuments Vol. 2. p 614.  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 Lords 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 make 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 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 Deuce, Tithes, and to feed them with God's 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 well as Christians;) but not with Christ's Sacramental body or blood 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 baptise 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 Flock, or discharge the duty of a Pastor towards them, unless 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 Brass, publicly 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 painful Predecessors practices in all ages, Churches; to our blessed 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. Fei●d of the Church.  visible Church, wherein the Word of God is truly preached, and the Sacraments duly administered,) may justly fear they are no true Shepherds, but rather thiefs; 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 seals of the Covenant of Grace, which they hold forth unto them only as a Blank without a Seal, refusing to set these Seals unto it, when importuned by their people, upon any terms, but conformity to their own new Church-ways, thereby making the very 
* 1 Cor. 11. 26. to 33 1 Cor. 10. 16, 17.  Sacrament ●f Christian love and union, a 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 Heatheus, than a Christian Church, till new minted into a segregated Congregations (collected out of sundry Parishes though never so remote) but not to give the Sacraments to them upon any terms; 
h Mat. 23. 23. Lu. 11. 42.  which they ought to do, yet not to leave their preaching undone, which though it be the first and chiefest part of their Ministry, yet is not the quarter part of their Pastoral function, as Scriptures and our Laws resolve.  
If A. object, that he hires another to baptise and 
Object 3.  give the Lords Supper sometimes to his Parishioners, though he do it not himself, his judgement and conscience being to the contrary.  
I answer, 1. This is a clear confession, that it is a part 
Answer.  of his own duty, else why should he hire another to discharge it in his stead. 2. This proves the former Objection (that he was admitted only to preach) a mere fiction. 3ly. If he refuse to do it himself, out of conscience, as a thing utterly unlawful in his judgement for him to administer to his Parishioners, whiles in a Parrochial 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, 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 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 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 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 express duty, which his very place and calling oblige him both in 
* See my Suspension suspended, and answer to 4 serious Quaestions.  conscience and Justice to perform; Such is the free admission of his Parishioners to the Lords Supper. I suppose Mr. john Humf●eys 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, 1. It is a principle in divine, Civil, Canon and Common Law, and in the gospel 
Quaere. 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, 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 Maxim 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 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, tryout 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 etc. 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 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, 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 
k 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. Cook 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 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 mis-performance of any 
m 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, Bailiffs, Escheators, Guardian, Attorney, Vitelar, Hostler, 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 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 Mass, Placebo, or Dirige, etc. 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 Cooks 1 Instit. f. 96, 97.  escheated to him by the non performance of the Divine Service.  
These Generals premised, I conceive the Grieved Parishioners may relieve themselves, and either reclaim or remove their Vicar, if obstinate, by these, Legal Proceed, 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 preval) 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, & to baptise their children according to his duty, else to resign his place to such a Godly Minister, as will constantly do it; And if he peremptorily and frowardly deny to do either; or to allow such other able Minister as the Parishioners shall make choice of to perform these duties to them they may then 
o Mr. Burroughs did so at Colchester by my advice, only for denying him the Sacrament, because he would not receive it at the New 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 Deuce; this 
p See Cooks 1 Instit. f. 101. 102. 362, 363. & Hrooks & Fitz. Tit. Dsclaimer.  disclaiming of them, being a kind of resignation of his Vicarage, and barr● unto his Deuce; 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 deuce, 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 Physician, 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 Bar of any Action at Law for these Annuityes. Much more than may the Parishioners do it, when their Vicar or Incumbent not only refuseth peremptorily to give them the Sacraments, but disclaims to be their Vicar or Pastor in a Parochial and Legal way.  
3. Every particular Parishioner grieved, may by the Statutes of 13 E. 1. c. 24, 25, 50. have a special Action upon the Case against him at the Common Law, (as I conceive) since he can now have no remedy in any Spiritual Courts, as formerly, being all suppressed: by the selfsame reason as Executors, and Legatees now sue at Common Law and in Chancery for such things, such Legacies, and Ministers for such Tithes and Duties, as formerly they had no suit nor remedy for, but in Ecclesiastical Courts alone; else there should be a great failer of Justice; and because no Ecclesiastical 
q See Brooks and Fitz. Tit. Conusance and Jurisdiction.  Jurisdiction is now either wronged by, nor can be claimed, pleaded against such Actions, there being none to take present conusans of them.  
4. I conceive the Patron himself (from the forecited reasons of 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 〈…〉 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●rch●l●s c●se Cooks 1 Instit. f. 344▪ ●. west's Presidents. Grants 337, 354  Free Chapels used to be, and are still collated; and that upon this legal ground; 
r See Mr. Seldens History of Tithes, ch. 6. sect. 2. ch. 9 sect. 4. My I●● Patrona us, p. 15, 6.  because Patrons originally had the sole right of collating, inducting, instituting Clerks and Incumbents to their Churches, without the Bishop's special licence, (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, engrossing the power of approving, admitting, instituting, and inducting Clerks into Parechial Churches by degrees into their own hands. Which Bishops with their Canons, Ordinances, being now suspended or abrogated in England, and their ancient jurisdiction, by no express 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 administering 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, resettled 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 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 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 Et mea quidem interest Laicos cum aequitatis jure tractare, inter virum et proximum suum justum judicium fac●re, etc. 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 judiciis sunt discreti, etc. Ego Constantini, vos Petri gladium habetis in manibus; jungamus dextras, gladium gladio ●opulemus, ut projiciantur extracastra leprosi, etc. 2ly, From the Statute of Magna Charta, c. 29. 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 & temporal persons, Freemen of the Realm of England, c. 1. & 2. 3ly; From this usual recital in our King's writs: 
u Register of Writs pars 2. f. 10. 15. 38. 127. 189. Fitz. Na●. B●e. f. 153, 154, etc. 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 Curiis nostris plenam et celerem justitiam exhiberi. Pracipimus, etc. justiciae complementum sibi fieri et nullatenus differri, etc. 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 departed 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 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 King's Court should fail to Minister justice unto Complainants. And lest Suitors coming to the King's Court should departed 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, particularly styled 
x Fitzh. Brief 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 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 Lords Supper to them and their Children: 5ly, From the ancient writ of William the Conqueror to 
y Cart. 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 Lincoln, and all other Bishops and Archdeacon's. Willielmus Dei Gratia, &c Propterea mando et regia auctoritate praecipio, ut nullus Episcopus, vel Archidiaconus de Legibus Episcopalibus amplius in Hundret, placita teneant, etc. 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 visi ejus pracepto implacitaret aut excommunicaret, qut ulla Ecclestastici rigoris poena co●stringeret: Therefore not to suspend or seclude them from the Sacraments, (much less, 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.  
6ly. This is most apparent by the usual known printed Writs 
b Fitz Nat. Bre. f. 153, 154. Register 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. 2●9. Register of Writs.  De Libertatibus all●candis, 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 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 Lepers which infect the people, and De villis & venellis mundandis, when they neglect to remove the one, and 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, Seaba●ks, and the like, extant in the Clause and Patent Rolls, before any Statutes made for their repair: The Writs 
f 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, etc. with manyother 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. Bre f. 38, 39 63. 64 65. and the Register of Writs.  Ad admittendum Clericum, & De Cautione ad●i●tenda, 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. 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. 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 oil and crisme to baptise 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 parvules, & Crisma mittere, to confirm their Children, and send them Crisme to baptise their Infants. This Record was vouched and showed to the Judges of the King's Bench, Mich. 17 Jacobi, upon this occasion. The Parishioners of a Village in Kent, elected a Churchwarden according to their ancient Custom, but the Bishop's Official refused to admit him; whereupon the Parishioners, by Mr. 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, 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 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 baptise 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 Laws of God and 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 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, 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 Pat. 8. E. 1. m. 27. where the King by his writs commanded all his Sheriffs, Bailiffs, and Liege's, 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 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 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 they for to frequent and receive them, especially when so long discontinued, neglected, slighted, denied, to God's dishonour, Religion's scandal, our Church's infamy, 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 & their people, & 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 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 than intimate, if not ful●y resolve.  
These Legal remedies, if pursued in a just & Christian way, may through God's 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 Parishioners who have a long time earnestly thirled after them, and prevent the Anabaptistical, Jesuitical design of 
g His Voice from the Temple. See my Jus Patronatus.  John Can 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 avowed, 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,  
Lincoln's Inn, 20 junii, 1656. WILL: PRYNNE.  
FINIS.    

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

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, without any precedent citation, Articles, legal proceeding, hearing, or sentencdenounced against them in any Ecclesiastical Classis, or judicature, 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 Sheriff to attach and imprison them in case of their wilful neglect or contempt herein. Claus. 12 E. 2. m. 20. The Arch. bishop of York and his Ministers oppressed, vexed the people of his Diocese in his Courts, & 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 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 such Citations and proceed 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, by depriving them of the Sacraments at due and accustomed seasons, fare 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 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, 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 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 nostro et famili● nostra longo● Crines habentium, et capillos nutri●ntium, etc. Pat 21 H. 3. Do●s. 3. By the like and better reason than may special Writs be issued, to reduce Ministers offending in, & 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, & 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 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.  
FINIS.