Legal Resolution of Two Queries, Text
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 wilfull obſtinacy in denying the Sacraments to them.
By William Prynne Eſq a Bencher of Lincolns Inne; to whom theſe Quaeres were newly propounded by ſome Clyents.
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 Vicaridge and Pariſh Church of B. having immediate and ſole Cure of Souls (the Rectory being impropriate) and receives the whole Profits therof from the Pariſhioners, to whom he uſuall preacheth; but yet (after many freindly Sollicitations and Meetings) peremtorily denieth publikely to adminiſter the Sacraments of the Lords Supper and Baptiſm to the Major part of the Pariſhioners; or to any of them, as his Pariſhoners; but only to ſome few in private, as Members of his New-gathered Congregation; to the great Diſcontent, Grief, Injury of the Generality of the Pariſhioners. Who thereupon deſire to be reſolved,
1. Whether A. their Vicar, by the Laws of England, accepting of this Parochial Vicaridge and Cure, and receiving the Profits thereof, be not in …oint of Right, Justice, Law, Equity, Ex Officio mero, obliged duly to adminiſter the Sacraments publikely to the Pariſhioners in the Church, as fitting and formerly accuſtomed times, as well as to preach unto them, and that in proper perſon, if in health and required?
2. Whether the Pariſhioners may not now legally proſecute A. for his obſtinate peremptory refuſal to adminiſter the Sacraments publikely, perſonally, and duly to them? To what penalties A is lyable for this contemptuous neglect of h…s duty towards them? And what Legal Courſe is beſt for the Pariſhioners to proſecute for their juſt relief herein, in theſe diſtracted times?
The Reſolution returned to the Propounded Caſe, and Quaeres.
Theſe Quaeres being of Great Moment and Univerſal concernment to all Miniſters, Vicars, and Pariſhioners throughout the Nation; & not debated to my knowledg in any Printed Law-books or Reports, I ſhall be more copious in the Reſolution of them for my own Satisfaction, as well as your Reſolution, whom they ſo much concern; this being like to prove a leading Caſe to many others in like condition.
To your firſt Queſtion, I return this Anſwer. 1. That it is the General received Opinion, Reſolution of all *In their Canons, Titles, Diſcourſes, Treatiſes De Clericis, Paſtoribus, Sacerdotio, Parochia, Sacramentis, Ordinatione, Miniſtris, et miniſterio Verbi Dei, Baptiſmo, Divinis Officiis, &c.Councils, Fathers, Canoniſts, Caſuiſts, Schoolmen, Divinis, Antient or Modern, Papiſts or Proteſtants, (whether Lutherans, Calviniſts, Preſbyterians, or Independents) I have ſeen▪ and the expreſſe Reſolution of the Church of England, both in antient & modern Councils, Synods, Canons, Injunctions, the Book of Ordination, Common Prayer, Articles of Religion, A. 23. 26. Homilies, and late Directory; That all Miniſters, Presbyters, Prieſts, whatſoever, lawfully called and ordained, are by Chriſts one Goſpel Inſtitution, ſpecially ordained, injoyned, as well to adminiſter the Sacraments of Baptiſm and the Lords ſupper to the People, and Pariſhioners committed to their charge, as to preach the Goſpel to, or Catechiſe them, and that as an Eſſential part of their Miniſterial Function. Which they at large evince from Mat. 28. 19, 20. Mar. 14. 22, &c c. 16. 15, 16. Luke 14. to. 25. c. 17. 37. 22. 1…. c. 24. 47, John 3. 22, 23. c. 4. 1▪ 2. Acts 2. 41, 42, 46. c. 6 4. c. 8. 12, 13, 36, 38. c. 10. 48. c. 16. 15. 33. c. 18. 8. c. 19. 4, 5. c. 20. 7. 11. Luke 12. 42. 43. 1 Cor. 1. 14, 15, 16. c. 9. 11▪ to 15. 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, ought as well to adminiſter the Sacraments, as to preach to the people, as they there reſolve, p. 316. and elſwhere: with whom all other Proteſtant Churches accord, as you may read at large in the Harmonie of Confeſſions, Sect. 12, 13, 14, 15▪ &c. This likewiſe is the Reſolution of our Statutes of 50 E. 3 c. 5. 1 Rich 2. c. 15. 31 H. 8. c. 14. 32. H. 8. c. 44. 33 H. 8. c. 32. 1 Mariae▪ c. 3. made in times of Popery; and of the Statutes of 1 Ed. 6. c. 1. 2 & 3 E. 6. c. 1. 5 & 6 E. 6. c. 1. 1 Eliz. c. 2. 8 Eliz. c. 1. 13 Eliz. c. 12. (made in times of Reformation.) That Preiſts and Miniſters ought ex officio mero, to adminiſter the Sacraments, as well as preach to their People; and thereupon theſe Later Statutes expreſly ſtile all and every of them in particular, A Prieſt or Miniſter of Gods holy word and Sacraments, in the copulative; becauſe they are obliged to miniſter both of them unto their Flocks upon all occaſions, both by the Laws of God, and the Land, as they are Miniſters.
2ly, As they are Parochial Miniſters, Vicars, or Incumbents of Pariſh-churches, they are preciſely, perſonally and indiſpenſably obliged,*See Pontifical… Rom. De Ordinatione Preſbyteri, p. 41, 42, 50, 55, & p. 458. Degrada…io ab Ordine Presbyteratus. Fox Acts and Monuments, Vol. 2. p. 87, 109. 388. 392. ex Officio, of meer duty and right to adminiſter the Sacraments of the Lords Supper and Baptiſm to all their Pariſhioners (who are legally qualified and deſire the ſame) publ…kely in the Church at convenient ſeaſons. This I ſhall clear, firſt from the very definition of a Pariſh, and Pariſh-Church, to which they are preſented, and then by direct Statu tes and Authorities. Cardinal Hoſtienſis in his Summa, l. 3. Tit. de Parrochiis, Panormitan in Rubrica de Parrochiis, Petrus Rebuffus de Collationibus, p. 655 Willielmus Lyndewoode Provinc. Conſtit. l. 3. Tit. de Parrochiis, Duarenus de Beneficiis, & Diſputat. Anniverſaria, l. 1. c. 26. Franciſcus Zerula Praxis Epiſcopalis, pars 1. Tit. Parochia. Goffriàus Abbas, Tit. Parrochi…, with ſundry others, define a Pariſh to be Locus in quo degit populus certis finibus limitatus, et alicui Eccleſiae Deputatus. And a Pariſh Church to be, Eccleſia quae habet Parochiam ad ejus curam deputatam, ad quam convenit populus *See Pontificale Roman… p. 247, 259. De Eccteſiae Dedicatione.Ad Recipienda Sacramenta, et ad audienda ſacra, et verbum Dei, et rudimenta fidei, diebus ſacris. Which Dr. Iohn Cowel in his Interpreter, and Iohn Minſhaw, in his Guide unto Tongues, in the word Pariſh, thus ſecond & Engliſh; A Pariſh in our Common Law, is the particular charge of a Secular Prieſt: and then ſubjoyn, A Parochial Church is that which is inſtituted for the ſaying of Divine Service, and Miniſtring of the holy Sacraments to the people dwelling within ſuch a compaſs of ground near unto it. With them accords the Book of Mich. 34 E: 1. Fitz. Quare Impedit 187. where they prove a Church to be no Chapel, but a Pariſh Church, becauſe it had Sepulture, Baptiſm, and Sacraments adminiſtred in it. And the Statute of 32 H. 8. c. 32. For the Church of Whitegate to be made a Pariſh of it ſelf, and no part of the pariſh of Over; proves it to be a Pariſh Church antiently, from this very reaſon, Becauſe the Inhabitants and Tenants within ſuch places and precincts, time out of mind, came and reſorted to the ſaid Pariſh-Church of Whitegate, within which times they have continually received Sacraments and Sacramentals at and in the ſaid Church, and have continually uſed to marry, bury, and Chriſten within the ſame. And the Statute of 32 H. 8. c. 44. reduced the Town of Royſton, belonging to 5 remote pariſh-Churches, to one Pariſh Church new built i nt, becauſe it was over-painfull (especially to the impotent, ſickly, and aged Inhabitants (to travel to thoſe Churches ſo remote, or any of them, to hear their divine Service, and they could not have the Sacraments and Sacramentals to be miniſtred to them, according to the laudable cuſtom of holy Church, to their great perils and jeopardies, through the remoteneſs of theſe Churches, and abſence of their Parſons and Curates in ſuch caſes of neceſſity, when their preſence o the comfort and conſoliation of their Pariſhioners, is moſt requiſite and …ehovefull. So that Pariſh Churches (ſo ſtiled, becauſe originally built by the Patrons and Pariſhioners for their eaſe, uſe, benefit, and the uſe of, andast;Paſ…. 2 Car. B. R. Carlton and Huttons caſe reſolved. ſeats in them are ſtill in the Patron & Pariſh, who repair them) were originally built andast;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 Paliament and Statute reſolve: to which the Statute of 1 Jacobi, ch. 30. For errecting a New Church in Melcombe Regis, to be the Pariſh Church of Radipol, &c▪ might be added, to the like effect.
This will be moſt apparent and irrefragable, by conſidering the Office and Duty of every Pariſh-Prieſt Parſon and Vicar, and why he is ſtiled Par…chial: he his ſtiled a Pariſh-Prieſt or Miniſter, as Duarenus and others forecited reſolve, becauſe he is ſpecially obliged to preach, administer the Sacraments, and perform all other duties belonging to a Miniſter, to all and every Inhabitant of that Pariſh to whoſe Church he is preſented, inſtituted inducted; and not to any others, but only voluntarily when he pleaſeth, being married and eſpouſed to that peculiar pariſh; whence he is ſtiled*See Calvinii L…x … … cum. Tit. Parochia & Parochus. Parochus, and the people Parochia, by the Canoniſts and Lawyer;aSumma Angelica, Tit. Parochia. Angelus de Clavaſio, andbPraxis 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. cPraxis 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 andLittleton, ſect. 180. 14 H. 7. 25, 26 Cooks 1 inſtit. f. 11 90. Incumbent, both by the Common, and Canon Law, from the word Incumbo, becauſe he ought diligently and wholly to apply him ſelf to diſcharge theſe his Paſtoral duties him…elf, 1 Tim. 4. 15, 16. Acts 6. 4. This duty of adminiſtring the Sacraments, as well as preaching, is ſo inſeparably annexed to every Parochial Miniſter, Vicar and Incumbent, thateAppendicis Aurei, l. 1. c. 12. ſect. 18. 20. p. 53. Jacobus de Graffiis, fInd. cap. Omnis in Gloſ. executionem.Jo. Andreas, and other Caſuiſts, queſtion, whether Parochus potest aſſumere alium Sacerdotem in adjutorem pro adminiſtranda Euchariſtia, vel in officio praedicandi, vel aliis? Reſolving affirmatively, that he may, only for a ſeaſon, when himſelf by reaſon of ſickneſs, or multitude of the Communicants, or other neceſſary occaſions, is unable to diſcharge thoſe duties in perſon, quia tunc neceſſitas legem non habet. Non tamen poſſit per viam delegationis generalis committere alicui omnem ſuam curam, quia videretur ſe exonerare, Cum tamen debeat per ſe exercere. With theſe Canoniſts, the book of the conſecration of our Engliſh Ministers; the Homilies touching the Uſe and Adminiſtration of the Sacraments; The Book of Common Prayer and Adminiſtration of the Sacraments, with the Rubricks therein; the Articles of the Church of England, Artic. 23, 26. confirmed by ſeveral Proteſtant Parliaments, the Engliſh *F…x Acts and … vol. 2. p. 388. 392, 393▪ 401Injunctions of H. 8 & Qu. Eliz. Reformatio Legum Eccleſiasticarum, in King Edward the 6. his reign, and the Canons of K…ng James, and the Convocation under him, Can. 20, 21, 22, 23. fully accord, injoyning all Parſons, Vicars, Incumbents whatſoever, to adminiſter Baptiſm and the Euchariſt to their Pariſhioners, at leaſt *See Sp…lmani Concil. p. 529. 548 615. 616. and my Suſpo ſiat ſuſpended p. 24, 25, 26. Giving & receiving being relata; all thoſe Texts, Laws, that prove it the peoples duty to receive the Sacraments▪ de eo Nomine oblige the Miniſter to admit and del…ver to them. Poſito … relatosum ponitur alterum. Mr. Iohn Humfrey. A Second Vindication of Free-admiſſion to the Lords Supper. p. 125, &c.thrice every year in perſon (which they uſed to adminiſter ever… Lords day to the people in the primitive Church, as I have elſewhere prov'd at large) as well as to preach, Catechiſe, and read Divine ſervice to them. Memorable is that paſſage in that Pathetical exhortation preſcribed by the Church of England, in the B…ok of Common Prayer, to be uſed by all Miniſters when they ſhall ſee the people negligent to come to the ho…y Communion, viz. when God calleth you, be you not aſhamed to ſay, I will not come? &c. I for my part am here peſent, and according to mine office, I bid you in the name of God, I call you in Chriſts behalf, I exhort you as you love your own Salvation, that ye will be partakers of this holy communion, &c. And whereas you offend God ſo ſore in refuſing this holy banquet, I admoniſh, exhort, and beſeech you, that unto this unkindneſſe you will not adde any more, which thing ye ſhall do, if ye ſtand by as Gazers and Lookers on them that do communicate, and be not partake…s of the ſame your ſelf, &c. How many Miniſters now a days preach direct dehortations from the Sacrament, pointblank againſt this Exhortation and their t…s, preſcribed by God and Chriſt himſelf, 1 Cor. 11. 24, 25. This do, as oft (as ye do eat and drink …t) …n remembrance of me, and no leſſe than 5 Acts of Parliament, which thus back the premiſes.
The Statute of 1 E. 6 c. 1. in the very beginning of Reformation, and yet in force, enacts, That the bleſſed Sacrament be hereafter commonly delivered and miniſtred unto the people within the Church of England and Ireland, & other the Kings Dominions, under both the kinds of bread and wine; That the people preſent ſhall receive the ſame with the Prieſt which ſhall adminiſter the ſam…, who ſhall, at leaſt one day before, exhort, all perſons which ſhall be preſent, likewiſe to reſort, and prepare themſelves to receive the ſame: and when the day prefixed commeth, after a godly exhortation by the Miniſter made, the ſaid Miniſter ſhall not without a lawfull cauſe deny the ſame to any perſon that will devoutly and humbly deſire it; any Law, Statute, Ordinance, or cuſtom to the contrary hereunto in any wiſe notwithst…nding. The Statutes of 2 and 3 Ed. 6. c. 1. 5. and 6 E. 6. c. 1. and 1 Eliz. c. 2. enact and ordain▪ That all and ſingular Miniſters in any Cathedral or Pariſh-Church ſhall be bound to ſay and uſe the celebration of the Lords Supper, and adminiſtration of the Sacrament of Baptiſm, and of the Lords Supper, in ſuch Order and form as is mentioned in the Book of Common Prayer;Nota. And if any manner of Parſon, Vicar, or other whatſoever Miniſter that ought to mi…iſter the Sacraments ſhall refuſe to miniſter the Sacraments, in ſuch Cathedral or Pariſh-Church, or other places, as he ſhould uſe to miniſter the ſame, in ſuch Order and form as they be mentioned and ſet forth in the ſaid Book: or ſhall wilfully and obſtinately ſtanding in the ſame, uſe any other Rite, Ceremony, order, form, or manner of adminiſtration of the Sacraments, than is mentioned and ſet forth in the ſame Book: That upon his lawfull conviction thereof, by verdict of 12 men, or by his own confeſſion, or by notorious evidence of the fact, he ſhall loſe and forfeit to the King, his Heirs and Succeſſors, for his firſt offence, one whole years profit of his benefice, or Spiritual promotion, and alſo ſuffer impriſonment for 6 months without Bayl or Main…riſe; and for his ſecond Offence, be ipſo facto deprived of all his ſpiritual promotions, and likewiſe ſuffer one whole years impriſonment, and for his third offence, ſuffer impriſonment during life. The Statute of 13 Eliz. c. 12. enacts, That none ſhall be made Miniſter, or admitted to preach or miniſter the Sacraments, being under the age of 24 years. That every perſon admitted to any benefice with Cure, ſhall publickly read …he Articles of Religion in the ſame Church whereof he ſhall have the cure, in the time of the Common Prayer there, with Declaration of his unfeigned aſſent thereto, and be admitted to miniſter the Sacraments within one year after his induction; or elſe upon every ſuch default, he ſhall be ipſo facto immediately deprived, and there upon the Patron preſe…t a New Incumbent. By all which *See alſo 3 Jac. c. 4, 5. 7 Jac. c. 2.Acts it is clearly reſolved, that every Parſon, Viccar, Miniſter of a Parochial Church is admitted thereunto, as well to adminiſter the Sacraments as to preach, and peremptorily obliged, frequently, conſtantly to do it in perſon, as a principal duty of his Function and Paſtoral cure, under pain of forfeiting of the profits of his Benefice, Impriſonment, and Deprivation, for his contempt and neglect thereof, by theſe expreſſe Statutes of our Proteſtant Parliaments, as well as by our Canons, Convocations, Divines and the whole Church of England.
If any Object,Object. 1. that theſe Statutes are now abrogated, repealed by the Ordinance of both Houſes, preſcribing the uſe of the Directory, in place of the Book of Common Prayer and adminiſtration of the Sacraments; Therfore Miniſters are not now obliged by them to adminiſter the Sacraments to their Pariſhioners.
To this I anſwer.Anſwer, 1. That no Ordinance of Parliament whatſoever (eſpecially to repeal and alter former Acts of Parliament) can be made without the three fold conſent of King, Lords, and Commons in Parliament, an Act and Ordinance of Parliament being all…ne, and requiring the ſelf ſame treble conſent in Law, as I have irrefragably proved at large in my I…enarches Redivivus printed Anno 1648. againſt Sir Edward Cooks and other miſtakes in this point; which threefold aſſent the objected Ordinances wanting, are meer Nullities in Law, and can no waies repeal theſe forecited Statutes, remaining ſtill in their Legal power. 2ly. Admit theſe Statutes repealed, or ſuſpended by theſe Ordinances, (which I deny in point of Law) yet theſe very objected Ordinances, and the Directory it ſelf, poſitively enjoyn all Miniſters and Vicars, duly to adminiſter the Sacraments of the Lords Supper and Baptiſm to all their Pariſhioners (duly prepared and qualified according to theſe Ordinances) as well as theſe Statutes and the Books of Common Prayer. Therefore if theſe Ordinances or the Directory be ſtill in force, they are bound by them to adminiſter the Sacraments to their Pariſhioners; but if they be grown out of date, and abſolete, (as the Objectors and thoſe of the Congregational way believe, who will not ſubmit unto them) then the Statutes pretended to be repealed by them, are again revived by their expiration, and ſo oblige them as firmly now as heretofore. 3. The Adminiſtration of the Sacrament being 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 humane puniſhments for contempt or neglect thereof.
If any object in the ſecond place,Object. 2. That they are now admitted to Parochial cures, only to preach the Goſpel in their Pariſh Churches, but not to adminiſter the Sacraments to their Pariſhioners, as formerly.
I anſwer, 1. That if there be any ſuch new forms of admiſſions and inſtitutions uſed,Anſwer. they are meerly void in Law by the expreſſe reſolution of the Statute of 13. Eliz. c. 12. and the other forcited Acts: And Miniſters thus admitted are but only bare Lecturers, not Parſons, Vicars or Incumbents by our Laws, & ſo the Church ſtill void notwithſtanding ſuch admiſſions, which are only to one part of their miniſterial Function, not to all their ſpiritual cure▪
2ly. Such admiſſions to cures are ſtrange monſtrous Impoſtures, Hypocritical Deluſions, yea groſſe Abſurdities, execrable to God and all honeſt Chriſtian men; enabling Miniſters to receive the whole Tithes, Dues of their Pariſhioners, yet exempting them from the moity at leaſt of their Paſtoral Duties, to which the Laws of God and the Land oblige them. We lately decryed it as an impious Soleciſm & excuſe in our old lazy nonpreaching Parſons and Vicars; that they alleged, they were inſtituted only to read common P…ayers, Homilies, and adminiſter the Sacraments; but not to preach to their Pariſhioners. In the Biſhop of*Fox Acts and Monument. Vol. 2. p. 614. See Re…ves and Shelfords Treatiſes to the ſame purpoſe. Dunkelden, and other Lordly Prelats, that they were ordained Biſhops only to govern the Church, confirm and ordain Miniſters, but not to preach or adminiſter the Sacraments: And ſhall we now after all our late pretences of Reforming their abuſes, and declamations againſt their Idleneſſe, admit our New Parochial Incumbents to plead they are only half-Miniſters; bound ſolely to preach, but not to Baptiſe, adminiſter the Lords Supper, Catechiſe, viſit the ſick Marry, Bury, as all their Predeceſſors did? If any Gentlemans hired Shepherd ſhould neglect to fold his Sheep, or look them out when ſtray'd, and then plead he was only bound by his office to feed, keep them in their paſture; Or if his hired Cook ſhould tell him, that as his Cook, he is bound only to boyl, but not to roſt his meat, or bake his Veniſon; or ſhould his Laundreſs affirm, ſhe was hired only to m…ke his Bed, and ſweep his Chamber, but not to waſh his Linnen, or ſtarch his bands or cuffs; Or his Groom maintain, he was by his place obliged only to dreſs his horſes, & give them hay, but not to water or carry them their provender; would not all deride theſe their abſurd, irrational allegations, and their Maſter cudgell them to the performance of all the parts of their reſpective duties, or elſe turn them preſently out of Service? And will God or men then indure, that their Miniſters of the Goſpel (eſpecially when pretending extraordinary eminency, Diligence and Saintſhip above other of their Brethren) ſhould thus juggle with them to their faces, as openly to affirm, they took the …ole cure of their ſouls only to reap all their Dues, Tithes, and to feed them with Gods word in the Pulpit, (of which the*Mat. 28. 19, 20. Acts 26. 18. c. 15 3. c. 21. 22. 2 Tim. 4. 17. unconverted, unbaptized heathens, are capable as well as Chriſtians:) but not with Chriſts Sacramental body or bloud at the Lords Table; whereto profeſſed Chriſtians only have a right, 1 Cor. 10. 16. to 20. c. 11. 22. to the end? To inſtruct their aged▪ but not baptize their Infant, or catechize their younger Pariſhioners? Yea, that they took upon them their Paſtoral Cure only to ſhear their fleeces, but not to own them as any part of their Church or …lock, or diſcharge the duty of a Paſtor towards them, unleſſe they will unmodel themſelves from a Parochial Church, into a private Congregational conventicle? Thoſe who have hearts of*Eze. 3. 9. Adamant, or faces of Braſſe, Publikely to make ſuch an untheological, Zech. 7. 22.irrational, illegal, unminiſterial Plea as this, ſo diametrically contrary to the very eſſence of their Paſtoral Function, duty, and to their painfull Predeceſſors practices in all ages, Churches; to our bleſſed *Mat. 26. 26. to 31. Mark. 14. 22. to 27. Lu. 22. 14. 19. 20. 1. Cor. 11. 23. 24: 24.Saviours own prastice, precepts; and his deſcription of a true and good Shepard: John 10 (yea to the definition of a 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 adminiſtred,) may juſtly fear they are no true Shepards, but rather theeves, robbers, hirelings; becauſe they withhold from their flocks the Sacrament of their Spiritual Regeneration; yea the Body, Bloud, Cup of our Lord Jeſus Chriſt, the g1 Pet. 2. 3. Hebr. 13. 20.chief Shepard of the Sheep, who bequeathed it to them as their chiefeſt Legacy, at his death, though themſelves ſtile and confeſſe them to be, the very *See my Suſtenſion Suſpended.ſeals of the Covenant of Grace, which they hold forth unto them only as a Blank without a Seal, refuſing to ſet theſe Seals unto it, when importuned by their people, upon any terms, but conformity to their own new Church-wayes, thereby making the very*1 Cor. 11. 26. to 33. Sacrament of Chriſtian love and union, 1 Cor 10. 16, 17.a meer Seminary of Schiſm, contention, diviſion, ſeparation. And becauſe they entred not by the door into the Sheepfold, that is by any legal form 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;hMat. 23. 23 Lu. 11. 42 which they ought to do, yet not to leave their preaching undone, which though it be the firſt and chiefeſt part of their Miniſtry, yet it is not the quarter part of their Paſtoral function, as Scriptures and our Laws reſolve.
If A. object, that he hires another to baptize and give the Lords Supper ſometimes to his Pariſhioners,Object. 3. though he do it not himſelf, his judgement and conſcience being to the contrary.
I Anſwer, 1. This is a clear confeſsion, that it is a part of his own duty,Anſwer. elſe why ſhould he hire another to diſcharge it in his ſtead? 2. This proves the former Objection (that he was admitted only to preach) a meer fiction. 3. If he refuſe to do it himſelf, out of conſcience, as a thing utterly unlawfull in his Iudgement for him to adminiſter unto his Pariſhioners, whileſt in a Parochial way; with what conſcience can he hire another to do that in his behalf and right, which himſelf holds ſinfull, unlawfull for himſelf to do? Doubtleſſe a ſincere purely tender conſcience will never hire or authorize any other to diſcharge that office for him, which himſelf holds utterly unlawfull, unevangelicall, nor dare accept or retain a Parochial Cure upon any terms to gain the fleece ſo long as he diſclaims the conſtitution as Antichriſtian, and the flock as none of his Paſture ſheep. 4ly. Such a poor tender conſcience would rather reſign its Parochial charge, to avoid all appearance of evill, of ſcandal, and ſtill the checks ariſing in it, that grieve the Spirits, wound the conſciences, or diſquiet the Peace of the generality of his Pariſhioners, by the perſonal neglect of his duty, in not communicating with them at the Font and Lords Table as his real flock, or as one ſperitual bread and body with them, as he ought to do. 1. Cor. 10. 16, 17. and that only upon this ground, becauſe they will not conform to the new Independent Guarb againſt our Lawes, for which they can produce no text, no colour of Authority from ſcripture, Antiquity, or reaſon, to warrant the ſecluſion of any from the Sacraments that are under their Parochial cure. 5ly. The diſcharge of this part of his duty by ſuch a perſon, or in ſuch a manner as gives no ſatisfaction to our Lawes, nor his pariſhioners, is no Satisfactory plea before Gods or mans tribunal, ſince he can no more conſcientiouſly or duly adminiſter the Sacraments, than the Pariſhioners receive them, only by a ſubſtitute. Yea, if it were no good excuſe for our Pluraliſts, or Non-reſident Prelatical Clergy-men heretofore, that they preached and diſcharged their miniſterial function by their Curates, their office being i1 Cor. 9. 16, 17. 2 Tim. 4. 1, 2, 5. 1. Tim. 4 13. 16. Col. 4. 17. Heb. 7. 24.perſonal and untransferrable to another, then by the ſelfſame reaſon, it can be no plea in Law or Conſcience for this Vicar, that be adminiſters the Sacraments to them only by another Vicar; eſpecially when he doth it to his ſeparate Congregation by himſelf alone, and never by a Proxy. 6ly. It it a ſtrange plea to plead conſcience againſt doing that expreſſe duty, which his very place and calling oblige him both in *See my Suſpenſion 1 ſuſpended, and anſwer to 4 ſerious Queſtions.conſcience and Juſtice to perform. Such is the free admiſſion of his Pariſhioners to the Lords Supper. Which Chriſt himſelf, his Apoſtles, Chriſtian Miniſters in all ages till this preſent, made conſcience duly and diligently to adminiſter to the People, exhorting them frequently to receive the ſame. I ſuppoſe Mr. John Humfrey his Treatiſes of free admiſſion unto the Lords Supper, his Rejoinder to Dr. Drake, and John Timſon his Bar removed, will rectifie his conſcience, and remove this bar, if peruſed by him.
To your 2 Quaere I anſwer,Quaere. 2. 1. It is a principle in divine, Civil, Canon, and Common Law, & in the Goſpel too, Beneficium propter officium; that every Miniſter or perſon who enters into, & reaps the benefit of any Office or Function, ouhght coſcentiouſly to perform all the duties of his Miniſtry and Function, and addict himſelf fully and perſonally to diſcharge them, as Luk. 12. 42, 43. Rom. 12. 7. 1 Cor. 4. 1, 2. 2 Cor. 4. 1, 2. & 6. 3, 11, 12. 1 Cor. 9. 7, to 13. Eph. 4. 12, 13. Col. 4. 17. 1 Tim. 4. 15. c. 3. 1, 2, 3. 2 Tim. 4. 1, 2, 5. Tit. 1. 7. 2 Pet. 1. 12, 13. compared with Luk. 10. 7. 1 Tim. 5. 17, 18. Rom. 15. 27. Gal. 6. 6. 2 Theſ. 3. 10. reſolve. 2ly. That it is a Maxime in Law,kLi…leton Sect. 378, 379. L. qu. E. 4. …. 26, 27. 2 H. 7. 11, 39. H. 6. 32, 33. Br. Office 19. Forfeiture 27. Plouden. f. 379, 380. 21 E. 4. 20. Cook 8. Rep. f. 44. 9. Rep. f. 50, 95, 96, 97 & 1 Inſt. f. 233, 234. That the grant of every Office to any perſon for life or in fee, hath this tacit condition annexed to it by the very Law it ſelf, without any ſpecial words or condition of the Grantor, That the Grantee ſhall well and truly perform his Office, execute that which to ſuch Office belongeth to be done, and attend upon it; or otherwiſe, that he ſhall forfeit the ſame: and that it ſhall be lawful for the Grantor or his Heirs, to out him of his Office, and grant it to another who will more faithfully diſcharge it. Littleton puts the caſe of a Parker, Steward, Constable, Bedelary, Baylywick; and he adds other Offices, &c. which extend to Eccleſiastical, as well as temporal Offices. I ſhall illuſtrate it by ſome few unprinted Records. Clauſ. 6. E. 1. m. 1. Earl Waren Camerarius Scaccarii (which Office he had leave to execute by Deputy) forfeited his Office by the default and negligence of his Deputy. Clauſ. 17. E. 2. Dorſ. 31. The Marſhal's Office of England was ſeiſed as forfeited by the Judges of the King's Bench, becauſe he had not one to attend there for him: after which, he was fined at 200 l. and upon promiſe of better attendance, reſtored. Clauſe 33. E. 3. m. 33. The King ſends a Writ to the High-Sheriff of Cambridge, De ſubvicecomite amovendo, & aliena ſubstituendo, becauſe he miſdemeaned himſelf in his Office, was a perſon of ill fame, a cozener, one that had two names. Clauſ. 4. E. 1. m. 5. Clauſ. 15. E. 1. m. 4, 8, 9. Clauſ. 16. E. 1. m. 2. Clauſ. 17. E. 1. m. 2, 3. Clauſ. 25. E. 1. Dorſ. 13. Clauſ. 31. E. 1. m. 1. I finde lSee 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 onelyonly 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 then ſpiritual, which concern Mens Souls. 3. Every perſon who ſuſtains any conſiderable prejudice or damage by the wilful negligence, non-performance or miſ-performance of any mSee Aſhes Tables, Tit. Action ſur le caſe, Sect. 1, 2, 4, 7, 9, 10, 12, 13, 15. Brook and Fitz. Actoin ſur le caſe.Sheriffs, Bayliffs, Eſcheators, Guardian, Attorny, Viteler, Hoſtler, Smith, Phyſitian, Chirurgion, Carpenter, Maſon, or other Officer, or perſon intruſted by, or ſet over him; may have a legal Action or remedy againſt them at the common Law, by an Action of the caſe, or otherwiſe, wherein he ſhall recover damages: Which Law holds in Spiritual and Eccleſiaſtical Offices. Littleton is expreſs, Sect. 136, 137. That if a man give Lands in Frankalmoigne to an Abbot, Prior, or any other Man of Religion, or holy Church; or to a Parſon of a Church and his Succeſſors, to have onelyonly 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 nSee Cooks 1 Inſtit. f. 96, 97.eſcheated to him by the non-performance of the divine Service.
Theſe Generals premiſed, I conceive the grieved Pariſhioners may relieve themſelves, and either reclaim or remove their Vicar, if obſtinate, by theſe Legal Proceedings, at the Common Law, (which muſt be as juſt and equal to right the Pariſhioners againſt their Vicar for detaining their ſpiritual Food and Duties from them, as to help the Vicar to recover his Tythes and Duties from them, when injuriouſly detained; elſe it ſhould be either very partial or defective) there being now no Eccleſiaſtical Court, Juriſdiction or Commiſſion extant, wherein or whereby to right them.
1. They may once more in a Chriſtian friendly manner (for I would have no violent courſes uſed, if Chriſtian Interceſſions may prevail) repair to their Vicar before the firſt Lord's Day of the next Month (and ſo in ſucceeding Months) and importune him to deliver the Sacrament to ſuch of them publickly in the Pariſh-Church, as he cannot charge with any ſcandal or ignorance, and to baptize their Children at Cording to his duty, elſe to reſign his place to ſuch a godly Miniſter as will conſtantly do it: and if he peremptorily and frowardly deny to do either, or to allow ſuch other able Miniſter as the Pariſhioners ſhall make choice of to perform theſe duties to them, they may thenoMr. Burroughs did ſo accolcheſter by my advice, only for denying him the Sacrament, becauſe he would not receive it at the New Rail: ſee My quenchcole at the end. publickly indict him for it upon the Statutes of 1 E. 6. c. 1. and 1 Eliz. c. 2. and upon the ſecond conviction, he is Ipſo Facto deprived of all his ſpiritual Promotions, and his Vicaredge, and the Patron may preſent another.
2. They may all, after ſuch refuſal, joyntly detain their Tythes and Duties demanded by him as their Vicar, becauſe by his own confeſſion he was never legally inſtituted to diſcharge all the Duties of an Incumbent, according to 13 Eliz. c. 12. and diſclaims to own them as his proper Flock and Cure, owning onelyonly 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: thispSee Cooks 1 Inſtit. f. 101, 102, 362, 363. and Brooks and Fitz. Tit. Diſclaimer. diſclaiming of them, being a kinde of reſignation of his Vicaredge, and bar unto his Dues; quia Beneficium, propter Officium: and if he be not their true, real Parochial Vicar, and do not his duty to them, he hath no right to their Parochial dues, nor yet unto the Glebe. If he will muzzle their mouths, *1 Cor. 9. 9, 10, 11▪ 2 Theſ. 3. 10.not tread out the corn to them at the Lord's Table; they may alſo muzzle his mouth, that he 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, Attorny or Phyſitian, pro Conſilio ſuo impenſo & impendendo; if they ſtop or refuſe to give the Grantors their Counſel when required; or if A. grants an Annuity to B. for the uſe of a way, and B. ſtops the way, that hereupon the Grantors may juſtly ſtop and detain the Annuities, being forfeited by their ſtoppage, and refuſal of their Counſel, Advice or way granted; and may plead the ſame in Bar of any Action at Law for theſe Annuities: much more then may the Pariſhioners do it, when their Vicar or Incumbent not only peremptorily refuſeth to give them the Sacraments, but diſclaims to be their Vicar or Pastor in a Parochial and Legal way. If they will reap all their temporal things and duties, it is juſt they ſhould ſow and adminiſter to them all their ſpiritual things and Nutriments; if the Pariſhioners muſt not muzzle their mouths, much leſs muſt they muzzle their Pariſhioners, by keeping them back from the Lord's Table, 1 Cor. 9. 10, 11. Rom. 15. 17.
3. Every particular Pariſhioner grieved, may by the Statutes of 13 E. 1. c. 24, 25, 50. have a ſpecial Action upon the Caſe againſt him at the common Law, (as I conceive) ſince he can now have no remedy in any ſpiritual Courts, as formerly, being all ſuppreſſed: by the ſelf-ſame Reaſon, as Executors and Legatees, now ſue at the common Law, and in Chancery, for ſuch things, ſuch Legacies, and Ministers for ſuch Tythes and Duties, as formerly they had no ſuit nor remedy for, but in Eccleſiastical Courts alone; elſe there ſhould be a great failer of Juſtice: and becauſe no Eccleſiastical qSee 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 Vicars refuſal to own the Pariſhioners, and adminiſter the Sacraments to them, as his Flock; (for which end, the Glebe and Duties thereunto belonging, were firſt given by the Patron and his Tenants to the Vicar and his Succeſſors, as well as to preach) may juſtly enter upon him for breach of this Condition in Law, out him of the Glebe and Vicaredge, and beſtow them on ſome other by his immediate deed of Collation, and Livery of Seiſin, without any Preſentation, as *Sir John Davis Reports, f. 46. b. 2 Jacob Fa…rchelas caſe Cooks 1 Inſtit. f. 344. …. Weſt's Preſidents. Grants. 337, 354.free Chappels uſed to be, and are ſtill collated; and that upon this Legal Ground; rSee M. Seld…ns Hiſtory of Tythes, ch. 6. ſect. 2. ch. 9. ſect. 4. My Ju… Patronatus, p. 15, 16.becauſe Patrons originally had the ſole right of collating, inducting, inſtituting Clerks and Incumbents to their Churches, without the Biſhops ſpecial licenſe, (as they conferred other Freeholds to their Tenants, by their own immediate grants and liveries) till Biſhops and Ordinaries, by ſundry Canons extorted by degrees this Juriſdiction from them, ingroſſing the power of approving, admitting, inſtituting, and inducting Clerks into Parochial Churches by degrees into their own hands. Which Biſhops with their Canons, Ordinances, being now ſuſpended or abrogated in England, and their ancient Juriſdiction, by no expreſs Act of any real Parliament legally transferred to any other Eccleſiastical or Civil Juriſdiction; thereupon the Patron's original right of collating Benefices by immediate grant and livery, and outing the Incumbent thereof, (as Patron s8 E. 3. 69, 70. 8 Aſſ. 29, 31 Cooks 1 Inſtit. f. 344. a. Fit. Natur. brev. 35. A 42. a. b. 6 H. 7. 14. a. Dyer 273. b. Co. 11. Rep. 99. b. Fit. Breif. 660. 27. E. 3 85. a. 30. E. 3. 10. a.and Viſitor of the Church) for not adminiſtring the Sacrament and diſcharging his pastoral Office, is *Sir John Davis Reports, f. 39. b.revived, reſetled 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 cleer, compared with 21 E. 3. 46. 13 E. 4. 8, 9. Br. Extinguiſhment and Reviver. 16. 46. Cooks 1 Inſtit. f. 319, 338. 24. E. 3. 72. Bro. Eſcheat 9, 19, and 13 E. 1. c. 25, 50.
5. I conceive a ſpecial Writ may be framed and directed to the Vicar, commanding him to adminiſter the Sacraments to his Pariſhioners, according to his Paſtoral duty, and the Laws and Customes of England; and if then he refuſe to do it, thereupon he may be fined, attached, ejected for this contempt, and that upon this Ground. Our King heretofore, 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 Governours in and over all Eccleſiaſtical and Temporal Cauſes, and perſons, had by the very Common Law of England a Soveraign Power, without any Act of Parliament, by their remedial Writs upon all occaſions, to enjoyn all Officers, Prelates, Prieſts, Miniſters, perſons under them, to diſcharge thoſe Offices, Duties, which the Laws themſelves and their Offices engaged them to perform. This is evident, not only from the examples of Solomon, Jehoſaphat, Hezekiah, Joſiah, Ezra, and other godly Kings and Governours in Scripture, who appointed the Courſes of the Prieſts and Levites to be in the Temple, commanded them to wait upon, and execute their Offices in every particular, according to their charges; to offer Sacrifices, praiſe, and miniſter before the Lord, as the duty of every day required, to kill and prepare the Paſſeover for the people: but likewiſe, by ſpecial Proclamations & Edicts, commanded both Levites, Prieſts, people, to keep, celebrate and eat the Paſſeover (a Type of the Lords Supper which ſucceeds it) when they had neglected it ſundry years, 1 Chron. 24. 2. Chron. 8. 14, 15. c. 13. 10, 12, 18. c. 29. 16, to 35. & 30. 3, 16, 24. c. 35. 2, to 18. Ezek. 6. 18, to 22. But alſo, 1. From the EleganttEthelredus 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 honeſte ſo habent ad eos qui foris ſunt, ſi in Divinis Officiis ſolliciti, … in docendo populo aſ…dui ſi victu ſobrii, ſi moderati habitu, ſ in Iudiciis ſunt diſcreti, &c. Ego Conſtantini, vos Petri gladium habetis in manibus; jungamus dextras, gladium gladio copulemus, ut projiciantur extra craſtra leproſi, &c. 2. From the Statute of Magna Charta, c. 22. We ſhall deny nor defer to no man juſtice or right; to wit, neither in Civil nor Eccleſiaſtical things or cauſes, the words being general, and extending equally to both, as this Charter doth, both to all Eccleſiaſtical and temporal perſons, Freemen of the Realm of England, c. 1, & 2. 3. From this uſual recital in our Kings Writs:uRegiſter of Writs pars 2. f. 10, 15, 38, 127, 189. Fitz. Nar. Bre. f. 153, 154, &c. See the 2d Part of my Soveraign Power of Parlaments p. 79, 80. Nos qui ſingulis de Regno noſtro in exhibitione juſtitiae ſumus debitores: Nos volentes quibuſcunque legis noſtris in Curits noſtris plenam, & celerem Iuſtitiam exhiberi. Precipimus, &c. Juſticiae complementum ſibi fieri & nullatenus differri, &c. ſecundum legem & conſuetudinem Regni noſtri. 4. By the Statute of Weſt. 2. An. 13 E. 1. c. 24, 25, 50. which enacts, that where a Writ is granted out of the Chancery for a thing done to the noyſance of another, the Plaintiffs from henceforth ſhall not depart out of the Kings Courts without remedy, becauſe in the Regiſter of the Chancery there is no ſpecial Writ found in his Caſe; but from henceforth, where in one caſe a VVrit is granted, In like caſe when like remedy faileth, the Writ ſhall be made as hath been uſed before: and from henceforth, as often as it ſhall fortune in the Chancery, that in one caſe a VVrit is found, and in like caſe, falling under like Law, and requiring like remedy, there is found none; the Clerks of Chancery ſhall agree in making the Writ, or the Plaintiffs may adjourn it till the next Parliament; and by conſent of men learned in the Law, A (new) Writ ſhall be made (according to his ſpecial new Caſe) leſt it ſhould happen afterwards, that the Kings Court ſhould fail to miniſter Iuſtice unto Complainants. And leſt Suiters coming to the Kings Court ſhould depart from thence without remedy, they ſhall have Writs provided in their Caſes: By vertue of which Statutes, the Subjects grieved, have uſually had, not only a VVrit grounded thereon, particulatly ſtiledxFitz. Brief 283, 309, 794, 807, 810, 849, 947. & Entree 3, 7, 8, 61, 68. Nat. Br. f. 206, 207, 38 H. 6. 3, 12, 30. Cook l. 8. f. 49. Inſtit. 2. f. 405, 407, 486. in conſimili caſu, but many other writs, as appeareth in our Books, though they bear not that name. And by vertue thereof, I am cleer of Opinion, the Pariſhioners may have a ſpecial Writ againſt their Vicar in this very Caſe, to enjoyn him to adminiſter the Sacrament of Baptiſm and the Lords Supper to them and their Children, to admit them thereunto, as well as a VVrit De Clerico admittendo, to the Biſhop, and De Attornato recipiendo, to the Sheriff, upon the Statute of Merton, c. 10. when they refuſe to admit them contrary to our Laws. 5. From the ancient VVrit of William the Conqueror toyCart. 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 wayes guilty of ſuch ſcandalous ſins or other crimes) as now our Miniſters do their Pariſhioners, without any divine, regal, or legal Authority, but their own Papal Uſurpation, Pride or Peeviſhneſs.
6. This is moſt apparent by the uſual known printed Writs of our Kings to relieve their grieved Subjects both in Civil and Eccleſiaſtical Courts and things; as namely, the VVritsbFitz. Nat. Bre. f. 153, 154. Regiſt of Writs. De Procedendo ad Judicium, when any Judge or Court of Juſtice delayes the Plaintiff or Defendant of his right, in not giving Judgement for them, when, and ſo ſpeedily as they might.cFit. Nat. Bre. f. 229. Regiſter of Writs. De Libertatibus allocandis, when the Juſtices of the King, Eyre or Foreſt, deny or delay to grant any Burrough or Perſon the ancient Liberties they formerly enjoyed by Charter or preſcription. The VVritdRegiſter 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 ePat. 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 WritsfFit. Nat. Er. f. 228, 229, 163, 164. De reparatione facienda, de Curia claudenda, & quod permittat, to particular perſons to repair houſes and fences, when they neglect to do it, and are bound thereto by Law, and to enjoy their Commons, Rights, &c. The VVrits De Attornato recipiendo, De moderata miſericordia, De ſecta ad molendinum & curiam, De ne injuſta vexos, De non ponendo in aſſiſis & juratis, Quod Clerico non eligantur in Officium Ballivi, &c. De corrodio habendo, Quo Jure, Vilaica removenda: VVith many other VVrits of this nature to temporal Officers, perſons: by theſe enſuing VVrits to Eccleſiaſtical perſons; as namely, the uſual Writs to Biſhops gFit. Nat. Br. f. 38, 30, 63, 64 65. and the Regiſter of Writs.Ad admittendum Clericum, & de cautione admittenda; to enforce them to admit Clerks, and abſolve, excommunicate perſons upon caution tendered, when they refuſed to do it againſt right and Law. To which I ſhall add, Clauſ. 24. E. 1. dorſ. 10. & 8. Clauſ. 32. E. 1. dorſ. 9. Clauſ. 33. E. 1. dorſ. 16. Clauſ. 34 E. 1. dorſ. 10. Clauſ. 8. E. 2. m. 25. Clauſ. 20. E. 2. dorſ. 10, 11. Clauſ. 7. E. 3. pars 2. m. 4. Where ſeveral Writs are directed to the Biſhops and Clergy-men, to make ſpecial Prayers and Supplications for the King and his children, the Nobles and State of the Realm, upon ſeveral occaſions, in times of war and danger; to make ſpecial thanksgivings for Victories, and interceſſions for eminent perſons Souls departed, as they were then obliged to do in thoſe times of Superſtition. Cart. 16. Joan. dorſ. 10. A VVrit to the Chapter of York, not to elect S. de C. for their Archbiſhop, quia eſſet contra honorem noſtrum & oommodum Regni noſtri, Pat. 18. H. 3. m. 17. Clauſ. 26. H. 3. m. 12. Pat. 29. H. 3. dorſ. 5. Pat. 9. E. 1. m. 2. Pat. 25. E. 1. pars 1. m. 9, 10. Pat. 8. Joan. m. 1. where King John, Henry 3, and Eward 1. by their ſpecial Writs, prohibited the Archbiſhops, Biſhops, and Clergy in their Counſels and Synods to do, act, enact, or aſſent to any thing concerning their Crowns, Perſon, State, Counſel, or againſt their royal Crown, Dignity, or the Rights of the Realm of England; and to revoke, ſuſpend the Counſels and Convocations ſummoned by the Archbiſhop, under pain of forſeiting all their goods, and ſeiſure of their Baronies, Clauſ. 41. H. 3. pars 1. dorſ. 5. A VVrit to Walter Biſhop of Dureſm, reciting, That none ought to judge the Laws of the Realm, but the King, and his Nobles and Judges; that if he preſuming on his Royal Liberties, did otherwiſe, ipſas Libertates regales, ad nos per veſtrum abuſum cenſemus devolvendas, Clauſ. 16. E. 1. dorſ. 2. A VVrit to the Biſhop of London injoyning him no longer to permit any perſons to come and worſhip quandam Tabulam, (having divers pictures in it, and the Earl of Lancanſters amongstothers) which they worſhipped and adored, tanquam rem ſine ſanctum, abſ que authoritate Eccleſiae Romanae: with ſundry ſuch-like Writs to Biſhops and Clergy-men in our Records, the grounds whereof extend to our preſent caſe. And Clauſ. 4. H. 3. m. 10. A VVrit of prohibition to the Archbiſhop of York, not to excommunicate ſome who hurt and moleſted the Cruce-ſignati, becauſe the Cruce-ſignati had no title to the Lands. But that which comes neereſt to our caſe, and is the ſame in ſubſtance, (Confirmation and Chriſm being formerly 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 Cornwal, founded by King Arthur, and exempted from Epiſcopal juriſdiction: whereupon, they oppoſing his viſitation, the Biſhop interdicted the Pariſh, and refuſed to give them oyl and chriſm to baptize their Infants, or to confirm their children: upon complaint whereof to the King, there iſſued a Writ out of the Chancery to the Biſhop, commanding him to abſolve them, confirmare parvulos, & chriſma mittere, to confirm their Children, & ſend them Chriſm to baptize their Infants. This Record was vouched and ſhewed to the Judges of the King; Bench, Mich. 17 Jacobi, upon this occaſion: The Pariſhioners of a Village in Kent, elected a Churchwarden according to their ancient cuſtom, but the Biſhops Official refuſed to admit him; whereupon the Pariſhioners, by M. Noy their Counſel, moved in the Kings Bench for a Writ and Mandamus to the Official, to admit the Churchwarden, or if he did not, to ſhew good cauſe to the Court why he refuſed to do it; which the Court upon view of this preſident granted them, and upon it the Churchwarden was admitted to his Office: If then our Kings, and their Courts of Chancery and Kings Bench might enjoyn this Biſhop and this Official by ſpecial Writs and Mandates to abſolve theſe interdicted Pariſhioners, confirm their Children, & ſend them Chriſm to baptiſe their Infants, and to admit the Churchwarden the others had choſen according to their duties, by the Statutes of 13 E. 1. c. 24, 25, 50. forecited, or by their own inherent juriſdiction without any ſpecial Act of Parliament, being things to which they were obliged by our Laws & their very offices, duties to perform; then by the ſelf-ſame Law and Reaſon, may our Kings, and Courts of Juſtice upon all occaſions, by vertue of theſe Statutes, whereon theſe Writs were principally grounded, iſſue forth the like Writs and Mandates to all Miniſters and Vicars, who refuſe perſonally to baptize or deliver the Lords Supper to their Pariſhioners at due & accuſtomed ſeaſons, or to admit them freely to thoſe Sacraments, according to their bounden duties, to which their very Office with the Laws of God & the Realm oblige them, unleſs they can ſhew a legal cauſe to the contrary, (as none of them can do) and in caſe they refuſe to do it, they may thereupon be attached, fined, impriſoned, till they do conform and aſſent to do it; as well as in the Caſe of 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, Bayliffs, and Lieges, effectually to ſummon, admoniſh and induce all the Jews within their Bayliwicks, diligently to meet together to hear God's word preached to them by the Friers Predicants without tumult, contention or blaſphemy, and not to hinder any Jews from converſion whoſe hearts God ſhould pleaſe to convert, as you may read at large in the 2 Part of my ſhort Domurrer to the Jews long diſcontinued Remitter into England, p. 87, 88. And if our Kings by their Writs might lay ſuch Injunctions on the unbelieving Engliſh Jews, much more may they enjoyn all Engliſh Miniſters to adminiſter the Sacraments to their people, and not to hinder any of them from this *See my Anſwer to 4 ſerious questions, my ſuſpenſion ſuſpended, Mr. Humfrey his Reply to Dr. Drake his ſecond Vindication of Ortodox free Admiſſion, P. 58, 59. Mr. Blake, his Covenants ſealed, ch. 7. ſect. 13, 14.means of their ſpiritual converſion, as well as confirmation; and likewiſe command the people diligently to frequent and receive them, eſpecially when ſo long diſcontinued, neglected, ſlighted, denied, to Gods diſhonor, Religions ſcandal, our Chuches inſamy, good Chriſtians greateſt grief, the grand encreaſe of impiety, prophaneſs, ſchiſm, and decreaſe of Chriſtian amity, unity, zeal, that cordial brotherly love and ſweet communion which was between Miniſters and their people, and between private Chriſtians heretofore when Sacraments were more frequent. Finally, If any Parſon or Vicar for 2 yeers ſpace refuſe and ceaſe to adminiſter the Sacrament to his Pariſhioners, (as many of late times have done) I conceive a Writ of Ceſſavit will lie againſt him by the Patron upon the Stat. of Weſt. 2. 13 E. 1. c. 41. as Fitzh. Natt. Brev. f. 209 L. 5. E. 3. 25. b. Regiſter f. 238. Fit. …eſſavit, 12, 18, 24. 12 H. 4. 24. 45 E. 3. 10. Ploud. f. 58. Cook 4. Rep. f. 118. 11. Rep. f. 63. & 2. Inſtit. f. 460. more then intimate, if not fully reſolve. Theſe legal remedies, if purſued in a juſt and Chriſtian way, may through Gods bleſſing reduce many refractory Parochical Miniſters and Vicars, to the due adminiſtration of the Sacraments to their Pariſhioners, which too many of them have of late, totally, & divers in a deplorable meaſure caſt off▪reſtore the comfortable, frequent enjoyment of them to thoſe Pariſhioners who have a long time earneſtly thirſted after them, and prevent the Anabaptiſtical, Jeſuitical deſign of gHis Voice from the Temple. See my Jus Patronatus.John Canne with his Fraternity, and others of late yeers crept into Parochial Cures, of purpoſe to ſubvert them, with all other Parochial Congregations, and all Patrons rights to preſent unto them: a deſign moſt eagerly proſecuted, publikely allowed, and much advanced of late yeers by unchriſtian and illegal practices, gilded over with religious pretences: this is the Opinion and Judgement (in anſwer to your Caſe and Quaeres) of your Friend and Counſellor,
Will: Prynne. Lincolns Inne, 20 Junii, 1656.