Legal Resolution of Two Queries, Appendix
AN APPENDIX.
OUr Vicars and Miniſters refuſal to adminiſter the Sacraments to their Pariſhioners, is in truth an actual penal ſuſpenſion and excommunication of them and their Infants from the Lords Supper and Baptiſm, without any precedent citation, articles, legal proceeding, hearing, or ſentence denounced againſt them in any Eccleſiaſtical Claſſis or Judicature, againſt all rules of Religion, Conſcience, Law, Juſtice, and the expreſs Letter of Magna Charta, c. 29. Wherefore, as King Edw. 1, 2, & 3. did iſſue forth ſeveral Writs and Mandates to their Biſhops and Clergy,*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 Dioceſs in his Courts and Viſitations, by malicious citations for pretended adulteries, and other Eccleſiaſtical crimes, before they were publickly defamed of, or preſented for them, and for which they could not aid themſelves by the Kings prohibition, they having legal connſ…s of theſe crimes: upon Petition to the King and his Counſel against theſe malicious citations, by the people, there iſſued a ſpecial Writ to the Biſhop, reciting and prohibiting ſuch citations and proceedings for the future; De oppreſſionibus populo per citationes non inferendis. By like reaſon and equity may ſpecial Writs now be granted to Miniſters, not to oppreſs, vex, injure their Pariſhioners, (eſpecially ſuch as are neither ſcandalous, ignorant, nor actually excommunicated) by depriving them of the Sacraments at due and accuſtomed ſeaſons, far worſe then thoſe malicious citations, which were but Eccleſiaſtical proceſs, when as theſe amount at leaſt to Eccleſiaſtical cenſures, ſuſpenſions, excommunications from the Sacraments, & that for ſundry months, may, yeers, of many whole Cities and Pariſhes, without any legal accuſation, conviction, hearing. In times of popery, if any religious perſon or Monk profeſſed, departed from his houſe, and wandred abroad in the Country, againſt the rules of his Religion or Order, upon a certificate thereof in Chancery by the Abbot, there iſſued a Writ de *The Regiſter, Tir. Nat. Bre. f. 233, 234.Apoſtata capiendo (of which I finde*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 preſidents in our Records) for the Sheriffs to apprehend and deliver him to his Abbot or his Attorney, to be chaſtiſed according to the rules of his Order. And if any Prieſts wore long hair (againſt the Canons and rules of their Order in the Kings Court, where the Ordinaries had no power to reform them, the King himſelf granted a ſpecial Writ and commiſſion to certain perſons, giving them plenam poteſtatem ſcindendi capillos Clericorum qui ſunt in Hoſpitio no…ro, & familia noſtra longos crines habentium, & capillos nutrientium, &c. Pat. 21. H. 3. dor. 3. By the like and better reaſon then may ſpecial Writs be iſſued, to reduce Miniſters off…ending in, and apoſtatizing from the very eſſential duties of their function, (not in circumſtantials only, as theſe in former times) to the due execution of the duties of their function, and adminiſtration of the Sacraments to their Pariſhioners, according to the rules of their Order, the Statutes of the Realm, the Doctrine, cuſtom of the Church of England ſo much now ſlighted, contemned by them, to Gods diſhonor, the vilipending of their Miniſtery, function, yea, the Sacraments themſelves, and their peoples grief, offence and ſpiritual prejudice, who may doubtleſs have a*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 Lords Supper are bequeathed by Chriſt to all viſible Members of every viſible Church, as viſible, (who are known to their Miniſters) not to the elect, inviſible, regenerated Members only, infallibly a2 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, andbEph. 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, Priviledges of the viſible Church, as he is a Member of it, by vertue of his Memberſhip; as cMagna 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 politick of England.
As therefore no Engliſh Freeman may or can by Law be debarred from the uſe and benefit of the common Laws, Liberties and Franchiſes of England, or any pretended or real crimes, but by and upon a legal conviction, and judgement according to the Laws of England; ſo no member of the Church of England (of ripe Yeers, and in his right Senſes) may or can be debarred from the Lords Table, or any other publick Ordinances, Priviledges of the Church of England, for any pretended ſcandal, but by a judicial legal ſentence of Excommunication, whereby he is actually ſuſpended or cut off from being a Member of the Church for the preſent: his very Memberſhip, whiles he is a Member, entituling him of Right to whatever Ordinances any other Members enjoy, and to participate with them therein. It is therefore as great, as high an Injury, Injuſtice, Tyranny, for any Miniſters whatſoever, to deny, ſeclude, all or any of their Pariſhioners from receiving the Lords 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, diſ-inherit 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 miſdemeanors 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 peoples ſpiritual Food and Priviledges, as of their Miniſters Tythes and Duties; and to do equal right to both.
FINIS.
End of the text · William Prynne, Legal Resolution of Two Queries (1656)