







 
   
     
       
         A legal resolution of two important quæres of general present concernment Clearly demonstrating from our statute, common and canon laws, the bounden duty of ministers, & vicars of parish-churches, to administer the sacraments, as well as preach to their parishioners; with the legal remedies to reclaim them from, or punish and remove them for their wilfull obstinacy in denying the sacraments to them. By William Prynne Esq; a bencher of Lincolns Inne; to whom these quæres were newly propounded by some clients.
         Prynne, William, 1600-1669.
      
       
         This text is an enriched version of the TCP digital transcription A56177 of text R219602 in the  English Short Title Catalog (Wing P3995). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         A56177
         Wing P3995
         ESTC R219602
         99831061
         99831061
         35523
         
           
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         (EEBO-TCP ; phase 1, no. A56177)
         Transcribed from: (Early English Books Online ; image set 35523)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 2038:29)
      
       
         
           
             A legal resolution of two important quæres of general present concernment Clearly demonstrating from our statute, common and canon laws, the bounden duty of ministers, & vicars of parish-churches, to administer the sacraments, as well as preach to their parishioners; with the legal remedies to reclaim them from, or punish and remove them for their wilfull obstinacy in denying the sacraments to them. By William Prynne Esq; a bencher of Lincolns Inne; to whom these quæres were newly propounded by some clients.
             Prynne, William, 1600-1669.
          
           [2], 28, [2] p.
           
             printed by F.L.,
             London :
             in the year, 1656.
          
           
             Caption title on p. 1 reads: A legal resolution of two important quæres of general present concernment, &c.
             Running title reads: A legal resolution of two important quæres.
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Church of England -- Clergy -- Early works to 1800.
           Church of England -- Government -- Early works to 1800.
           Sacraments -- Church of England -- Early works to 1800.
        
      
    
       A56177  R219602  (Wing P3995).  civilwar no A legal resolution of two important quæres of general present concernment. Clearly demonstrating from our statute, common, and canon laws, t Prynne, William 1656    14208 87 0 0 0 0 0 61 D  The  rate of 61 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 
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           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
           
             *
          
           
             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
           
             *
          
           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
           ,
           
             *
          
           
             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
          
           
             *
          
           
             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
           ,
           and
           
             ast;
          
           
             seats
          
           in
           them
           are
           still
           in
           the
           Patron
           &
           Parish
           ,
           who
           repair
           them
           )
           were
           originally
           built
           and
           
             ast;
          
           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
           
             *
          
           
             Parochus
             ,
          
           and
           the
           people
           
             Parochia
             ,
          
           by
           the
           Canonists
           and
           Lawyer
           ;
           
             a
          
           
             Angelus
             de
             Clavasio
             ,
          
           and
           
             b
          
           
             Franciscus
             Zerula
             ,
          
           thus
           describe
           the
           Office
           of
           a
           Parish-Priest
           ,
           or
           Vicar
           .
           
             Parochi
             officium
             est
             ,
             Primo
             praedicare
             :
             Pueros
             rudimenta
             fidei
             et
             obedientian
             docere
             :
             Vim
             ,
             et
             usum
             Sacramentorum
             exarare
             populo
             :
             oves
             sass
             agnoscere
             ,
             et
             bono
             exemplo
             pascere
             ;
          
           Sacramenta
           administrare
           ,
           
             &c.
             
          
           
             c
          
           
             Rebuffus
          
           thus
           seconds
           them
           .
           
             Ecclesia
             Parochialis
             dicitur
          
           Beneficium
           
             saeculare
             et
             cum
             administratione
             ,
          
           Quia
           Curatus
           tenetur
           ministrare
           Sacramenta
           Ecclesiastica
           ,
           
             &c.
             aliaque
             opera
             Parochianos
             tangentia
             ,
             facere
             tenetur
             .
          
           And
           he
           is
           called
           an
           
             d
          
           
             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
           ,
           that
           
             e
          
           
             Jacobus
             de
             Graffiis
             ,
          
           
             f
          
           
             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
           
             *
          
           
             Injunctions
             of
             H.
          
           8
           &
           
             Qu.
             
             Eliz.
             Reformatio
             Legum
             Ecclesiasticarum
             ,
          
           in
           King
           
             Edward
          
           the
           6.
           his
           reign
           ,
           and
           the
           Canons
           of
           K●ng
           
             James
             ,
          
           and
           the
           Convocation
           under
           him
           ,
           
             Can.
          
           20
           ,
           21
           ,
           22
           ,
           23.
           fully
           accord
           ,
           injoyning
           all
           Parsons
           ,
           Vicars
           ,
           Incumbents
           whatsoever
           ,
           
             to
             administer
             Baptism
             and
             the
             Eucharist
             to
             their
             Parishioners
             ,
             at
             least
          
           
             *
          
           
             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
           ;
           
           
             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
           the
           Articles
           of
           Religion
           in
           the
           same
           Church
           whereof
           he
           shall
           have
           the
           cure
           ,
           in
           the
           time
           of
           the
           Common
           Prayer
           there
           ,
           with
           Declaration
           of
           his
           unfeigned
           assent
           thereto
           ,
           and
           be
           admitted
           
             to
             minister
             the
             Sacraments
          
           within
           one
           year
           after
           his
           induction
           ;
           or
           else
           upon
           every
           such
           default
           ,
           
             he
             shall
             be
             ipso
             facto
             immediately
             deprived
             ,
          
           and
           there
           upon
           the
           Patron
           prese●t
           a
           New
           Incumbent
           .
           
             By
             all
             which
          
           
             *
          
           
             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
           ,
           
           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
           .
           
           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
           
             *
          
           
             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
           ,
           
           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
           ,
           
           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
           non-preaching
           
             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
           
             *
          
           
             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
           
             *
          
           
             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
           
             *
          
           
             Adamant
             ,
          
           or
           
             faces
             of
             Brasse
             ,
          
           Publikely
           to
           make
           such
           an
           
             untheological
             ,
          
           
           
             irrational
             ,
             illegal
             ,
          
           unministerial
           Plea
           as
           this
           ,
           so
           diametrically
           contrary
           to
           the
           very
           essence
           of
           their
           Pastoral
           Function
           ,
           duty
           ,
           and
           to
           their
           painfull
           Predecessors
           practices
           in
           all
           ages
           ,
           Churches
           ;
           to
           our
           blessed
           
             *
          
           
             Saviours
             own
             prastice
             ,
             precepts
             ;
          
           and
           his
           
             description
             of
             a
             true
             and
             good
             Shepard
             :
          
           John
           10
           (
           yea
           to
           the
           definition
           of
           a
           true
           
             *
          
           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
          
           
             g
          
           
             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
          
           
             *
          
           
             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
           
             *
          
           
             Sacrament
             of
             Christian
             love
             and
             union
             ,
          
           
           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
           ;
           
             h
          
           
             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
           ,
           
           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
           ,
           
           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
          
           
             i
          
           
             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
           
             *
          
           
             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
           ,
           
           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
           ,
           
             k
          
           
             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
          
           
             l
          
           
             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
             onely
             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
          
           
             m
          
           
             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
           onely
           
             divine
             and
             spiritual
             Services
             done
             for
             him
             ;
             if
             they
             afterwards
             will
             not
             do
             ,
             or
             fail
             to
             do
             such
             divine
             Services
             ;
             if
             the
             Services
             be
             not
             put
             in
             certainty
             ,
             the
          
           Lord
           
             may
             complain
             thereof
             to
             their
             Lord
             or
             Visitor
             ,
             praying
             him
             that
             he
             will
             lay
             some
             punishment
             or
             correction
             for
             this
             ,
             and
             also
             provide
             that
             such
             negligence
             be
             no
             more
             done
             ;
             and
             the
             Ordinary
             or
             Visitor
             of
             right
             are
             to
             do
             this
             :
             But
             if
             the
             divine
             Service
             be
             in
             certain
             to
             be
             done
             ,
             as
             to
             sing
             a
             Mass
             ,
             Placebo
             ,
             or
             Dirge
             ,
             
               &c.
            
             on
             some
             set-day
             of
             the
             week
             or
             year
             ;
             the
             Lord
             ,
             if
             such
             divine
             Service
             be
             not
             done
             ,
             may
             enter
             and
             distrain
             them
             to
             do
             it
             ;
             or
             else
             detain
             the
             Lands
             ,
             as
             forfeited
             ,
             and
          
           
             n
          
           
             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
           then
           
             o
          
           
             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
           onely
           his
           
             Segregated
             Congregation
          
           for
           such
           ,
           in
           
             opposition
             and
             contradistinction
             to
             his
             Parish
             ;
          
           which
           they
           may
           plead
           in
           Bar
           of
           any
           
             Legal
             Action
          
           to
           recover
           his
           Dues
           :
           this
           
             p
          
           
             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
             ,
          
           
             *
          
           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
           
             *
          
           
             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
          
           
             q
          
           
             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
           
             *
          
           
             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
          
           
             *
          
           
             free
             Chappels
             used
             to
             be
             ,
             and
             are
             still
             collated
             ;
          
           and
           that
           upon
           this
           Legal
           Ground
           ;
           
             r
          
           
             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
          
           
             s
          
           
             and
             Visitor
             of
             the
             Church
             )
          
           for
           not
           
             administring
             the
             Sacrament
             and
             discharging
             his
             pastoral
             Office
             ,
             is
          
           
             *
          
           
             revived
             ,
             resetled
             in
             him
             by
             Law
             :
          
           So
           as
           he
           may
           now
           justly
           enter
           ,
           put
           out
           ,
           or
           deprive
           the
           
             Vicar
             ,
          
           as
           the
           
             Bishop
          
           
           and
           
             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
           
             *
          
           
             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
           Elegant
           
             t
          
           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
           :
           
             u
          
           
             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
           stiled
           
             x
          
           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
          
           to
           
             y
          
           
             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
           VVrits
           
             b
          
           
             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
           .
           
             c
          
           
             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
           VVrit
           
             d
          
           
             De
             Leproso
             amovendo
          
           to
           the
           
             Major
             of
             London
             ,
          
           and
           other
           Officers
           ,
           to
           remove
           Lepers
           which
           infect
           the
           people
           ;
           and
           ,
           
             De
             villi●
             &
             venellis
             mundandis
             ,
          
           when
           they
           neglect
           to
           remove
           the
           one
           ,
           &
           cleanse
           the
           other
           ,
           as
           they
           ought
           .
           
             The
             several
          
           
             e
          
           
             Writs
             to
             Sheriffs
             and
             others
             ,
             to
             repair
             Highways
             ,
             Bridges
             ,
             Walls
             ,
             Sea-banks
             ,
             and
             the
             like
             ,
          
           extant
           in
           the
           
             Clause
             and
             Patent
             Rolls
             ,
          
           before
           any
           Statutes
           made
           for
           their
           
             repair
             :
          
           The
           Writs
           
             f
          
           
             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
          
           
             g
          
           
             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
           ,
           absque
           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
           
             *
          
           
             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
           Church-warden
           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
           
             *
          
           
             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
          
           
             *
          
           
             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
          
           
             g
          
           
             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.
               
            
          
        
      
       
       
         
           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
           ,
           
             *
          
           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
          
           
             *
          
           
             Apostata
             capiendo
          
           (
           of
           which
           I
           finde
           
             *
          
           
             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
           
             *
          
           
             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
          
           
             a
          
           known
           to
           God
           alone
           ,
           but
           not
           to
           any
           mortals
           :
           
             Every
             Member
             of
             a
             visible
          
           Church
           ,
           hath
           an
           equal
           right
           to
           ,
           and
           
             b
          
           in
           all
           Sacraments
           ,
           Ordinances
           ,
           Priviledges
           of
           the
           visible
           Church
           ,
           as
           he
           is
           a
           Member
           of
           it
           ,
           by
           vertue
           of
           his
           Membership
           ;
           
             as
          
           
             c
          
           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
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A56177e-200
           
             *
             In
             their
             Canons
             ,
             Titles
             ,
             Discourses
             ,
             Treatises
             
               De
               Clericis
               ,
               Pastoribus
               ,
               Sacerdotio
               ,
               Parochia
               ,
               Sacramentis
               ,
               Ordinatione
               ,
               Ministris
               ,
               et
               ministerio
               Verbi
               Dei
               ,
               Baptismo
               ,
               Divinis
               Officiis
               ,
               &c.
               
            
          
           
             *
             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.
             
          
           
             *
             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.
             
          
           
             *
             
               See
            
             Pontificale
             Roman●●
             p.
             247
             ,
             259.
             
             De
             Ecctesiae
             Dedicatione
             .
          
           
             ast;
             Pas●
             .
             2
             Car.
             B.
             R.
             Carlton
             
               and
            
             Huttons
             
               case
               resolved
               .
            
          
           
             ast;
             Pontificale
             Roma●um
             ,
             De
             Dedica●ione
             Eccle
             siae
             .
             
               p
            
             247
             259.
             &c.
             
          
           
             *
             See
             Calvinii
             L●x
             〈◊〉
             〈…〉
             cum
             .
             Tit.
             Parochia
             &
             Parochus
             .
          
           
             a
             Summa
             Angelica
             ,
             Tit.
             Parochia
             .
          
           
             b
             Praxis
             Episcopalis
             ,
             pars
             1.
             Tit.
             Parochia
             ,
             sect.
             3.
             f.
             162.
             
          
           
             c
             Praxis
             Ben●eficiorum
             ,
             aps
             1
             p.
             4.
             sect.
             10.
             
          
           
             d
             Littleton
             ,
             sect.
             180.
             14
             H.
             7.
             25
             ,
             26
             Cooks
             1
             instit.
             f.
             11
             90.
             
          
           
             e
             Appendicis
             Aurei
             ,
             l.
             1.
             c.
             12.
             sect.
             18.
             20.
             p.
             53.
             
          
           
             f
             Ind.
             cap.
             
               Omnis
            
             in
             Glos.
             executionem
             .
          
           
             *
             F●x
             Acts
             and
             〈◊〉
             
               vol.
            
             2.
             p.
             388.
             392
             ,
             393
             ▪
             401
             
          
           
             *
             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.
             
          
           
             Nota.
             
          
           
             *
             See
             also
             3
             Jac.
             c.
             4
             ,
             5.
             7
             
             Jac.
             c.
             2.
             
          
           
             Object
             .
             1.
             
          
           
             Answer
             ,
          
           
             *
             See
             Fox
             Acts
             and
             Monuments
             ,
             
               vol.
            
             2
             p.
             87
             388
             ,
             392
             ,
             393.
             the
             Books
             of
             ordination
             ●f
             Ministers
             .
          
           
             Object
             .
             2.
             
          
           
             Answer
             .
          
           
             *
             Fox
             Acts
             and
             Monument
             .
             Vol.
             2.
             p.
             614.
             
             See
             
               Re●ves
            
             and
             
               Shelfords
            
             Treatises
             to
             the
             same
             purpose
             .
          
           
             *
             Mat.
             28.
             19
             ,
             20.
             
             Acts
             26.
             18.
             c.
             15
             3.
             c.
             21.
             22.
             2
             
               Tim.
            
             4.
             17.
             
          
           
             *
             Eze.
             3.
             9.
             
          
           
             Zech.
             7.
             22.
             
          
           
             *
             Mat.
             26.
             26.
             to
             31.
             
             Mark
             .
             14.
             22.
             to
             27.
             
             Lu.
             22.
             14.
             19.
             20.
             1.
             Cor.
             11.
             23.
             24
             
             :
             24.
             
          
           
             *
             
               See
               Dr.
            
             John
             White
             ,
             
               and
               Dr.
            
             Feild
             
               of
               the
               Church
               .
            
          
           
             g
             1
             Pet.
             2.
             3.
             Hebr.
             13.
             20.
             
          
           
             *
             See
             my
             Sustension
             Suspended
             .
          
           
             *
             1
             Cor.
             11.
             26.
             to
             33.
             
          
           
             1
             Cor
             10.
             16
             ,
             17.
             
          
           
             h
             Mat.
             23.
             23
             
             Lu.
             11.
             42
             
          
           
             Object
             .
             3.
             
          
           
             Answer
             .
          
           
             i
             1
             Cor.
             9.
             16
             ,
             17.
             2
             Tim.
             4.
             1
             ,
             2
             ,
             5.
             1.
             Tim.
             4
             13.
             16.
             
             Col.
             4.
             17.
             
             Heb.
             7.
             24.
             
          
           
             *
             See
             my
             Suspension
             1
             suspended
             ,
             and
             answer
             to
             4
             serious
             Questions
             .
          
           
             Quaere
             .
             2.
             
          
           
             k
             
               Li●●leton
            
             Sect.
             378
             ,
             379.
             
             L.
             qu.
             E.
             4.
             
             ●
             .
             26
             ,
             27.
             2
             H.
             7.
             11
             ,
             39.
             H.
             6.
             32
             ,
             33.
             
             Br.
             Office
             19.
             
             Forfeiture
             27.
             
             Plouden
             .
             f.
             379
             ,
             380.
             21
             E.
             4.
             20.
             
             Cook
             8.
             
             Rep.
             f.
             44.
             9.
             
             Rep.
             f.
             50
             ,
             95
             ,
             96
             ,
             97
             &
             1
             Inst.
             f.
             233
             ,
             234.
             
          
           
             l
             See
             Fit
             .
             Nat.
             Brevium
             ▪
             f.
             162
             ,
             163.
             &
             the
             Regist.
             de
             Coronatore
             ox●nerand
             .
          
           
             m
             
               See
            
             Ashes
             
               Tables
               ,
            
             Tit.
             
             Action
             sur
             le
             case
             ,
             Sect.
             1
             ,
             2
             ,
             4
             ,
             7
             ,
             9
             ,
             10
             ,
             12
             ,
             13
             ,
             15.
             
             Brook
             and
             Fitz.
             Actoin
             sur
             le
             case
             .
          
           
             n
             See
             
               Cooks
            
             1
             Instit.
             f.
             96
             ,
             97.
             
          
           
             o
             Mr.
             
               Burroughs
            
             did
             so
             accolchester
             by
             my
             advice
             ,
             only
             for
             denying
             him
             the
             Sacrament
             ,
             because
             he
             would
             not
             receive
             it
             at
             the
             
               New
               Rail
               :
            
             see
             
               My
               quenchcole
            
             at
             the
             end
             .
          
           
             p
             See
             
               Cooks
            
             1
             Instit.
             f.
             101
             ,
             102
             ,
             362
             ,
             363.
             and
             
               Brooks
            
             and
             
               Fitz.
               
            
             Tit.
             Disclaimer
             .
          
           
             *
             1
             Cor.
             9.
             9
             ,
             10
             ,
             11
             ▪
             2
             Thes.
             3.
             10.
             
          
           
             *
             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.
             
          
           
             q
             See
             
               Brooks
            
             and
             
               Fitz.
               
            
             Tit.
             Conusance
             &
             Jurisdiction
             .
          
           
             *
             See
             
               Fitz.
               Brook
            
             &
             
               Ash
               .
            
             Actions
             
               sur
               le
            
             Statute
             .
          
           
             *
             Sir
             
               John
               Davis
            
             Reports
             ,
             f.
             46.
             b.
             2
             
               Jacob
               Fa●rchelas
            
             case
             
               Cooks
            
             1
             Instit.
             f.
             344.
             
             ●
             .
             
               West's
               Presidents
               .
               Grants
               .
               337
               ,
               354.
               
            
          
           
             r
             See
             M.
             
               Seld●ns
            
             History
             of
             Tythes
             ,
             ch.
             6.
             sect.
             2.
             ch.
             9.
             sect.
             4.
             
             My
             
               Ju●
               Patronatus
               ,
            
             p.
             15
             ,
             16.
             
          
           
             s
             8
             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.
             
          
           
             *
             
               Sir
            
             John
             Davis
             Reports
             ,
             
               f.
               39.
               b.
               
            
          
           
             *
             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.
             
          
           
             t
             Ethelredus
             Abbas
             ,
             de
             Genealogia
             Regum
             Angliae
             ,
             Col.
             359.
             
             Isaac
             Causabon
             ,
             in
             Epistola
             Exercitationibus
             praefix●
             .
             Fox
             
               Acts
               and
               Monuments
               ,
            
             Vol.
             1.
             p.
             218.
             
             Jo.
             Seldeni
             ad
             Eadmerum
             Notae
             ,
             p.
             161
             ,
             162.
             
             Mat.
             Parker
             ,
             Antiq.
             Eccles.
             Brit.
             in
             Dunstano
             .
             Spe●manni
             Concil.
             p.
             477.
             
          
           
             u
             Register
             of
             Writs
             
               pars
            
             2.
             f.
             10
             ,
             15
             ,
             38
             ,
             127
             ,
             189.
             
             
               Fitz.
            
             Nar.
             Bre.
             f.
             153
             ,
             154
             ,
             &c.
             See
             the
             2d
             Part
             of
             my
             Soveraign
             Power
             of
             Parlaments
             p.
             79
             ,
             80.
             
          
           
             x
             
               Fitz.
            
             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.
             
          
           
             y
             
               Cart.
            
             2.
             R.
             2.
             m.
             12.
             n.
             5.
             
             
               Fox
            
             Acts
             &
             Mon.
             l.
             4.
             p.
             154.
             
             
               John
               Seldeni
            
             ad
             
               Eadmerum
            
             Notae
             ,
             p.
             167.
             
          
           
             b
             Fitz.
             Nat.
             Bre.
             f.
             153
             ,
             154.
             
             Regist
             of
             Writs
             .
          
           
             c
             Fit
             .
             Nat.
             Bre.
             f.
             229.
             
             Register
             of
             Writs
             .
          
           
             d
             Register
             of
             Writs
             Fil.
             N.
             Br.
             f.
             234.
             
             Claus.
             20
             E
             3.
             part
             1.
             m.
             18.
             14.
             
          
           
             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.
             
          
           
             f
             Fit
             .
             Nat.
             Er.
             f.
             228
             ,
             229
             ,
             163
             ,
             164.
             
          
           
             g
             Fit
             .
             Nat.
             Br.
             f.
             38
             ,
             30
             ,
             63
             ,
             64
             65.
             and
             the
             Register
             of
             Writs
             .
          
           
             *
             
               See
            
             Lindewood
             ,
             Summa
             Angelica
             ,
             Rosella
             ,
             &
             Thomas
             Zerula
             Praxis
             Episcopal
             .
             1.
             Tit.
             Chrisma
             &
             Confirmatio
             
               Sacramentum
               .
            
          
           
             *
             37
             H
             :
             6.
             14
             
             Brook
             ,
             
               Quid
               Juris
               clamat
            
             18.
             
             Imprisonment
             26.
             3
             E.
             3.
             
             
               Per
               quae
               servitia
               ,
            
             Fitzh.
             17.
             
             Ash
             Attornment
             9.
             
             &
             12.
             
          
           
             *
             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.
             
          
           
             g
             
               His
            
             Voice
             from
             the
             Temple
             .
             
               See
               my
            
             Jus
             Patronatus
             .
          
        
         
           Notes for div A56177e-8220
           
             *
             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.
             
          
           
             *
             The
             Register
             ,
             Tir.
             
             Nat.
             Bre.
             f.
             233
             ,
             234.
             
          
           
             *
             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.
             
          
           
             *
             See
             Brook
             ,
             Fitzh.
             Ash
             .
             
               Action
               sur
               le
               Statute
               .
            
          
           
             a
             2
             Tim.
             2.
             9.
             1
             
             King.
             8.
             39.
             2
             Chron.
             6.
             30.
             
          
           
             b
             Eph.
             2.
             13
             ,
             10.
             22.
             c.
             4.
             4
             ,
             5
             ,
             6.
             
             Col.
             3.
             11.
             1
             Cor.
             10.
             1
             ,
             2
             ,
             3
             ,
             4.
             c.
             6.
             17
             ,
             18.
             c.
             3.
             21
             ,
             22
             ,
             23.
             
          
           
             c
             
               Magna
               Charta
               ,
            
             c.
             29.
             
             The
             Petition
             of
             Rights
             3
             Caroli
             5
             E.
             3.
             c.
             9.
             25
             E.
             3.
             c.
             4.
             28
             E.
             3.
             c.
             3.
             47
             E.
             3.
             c.
             18.
             42
             E.
             3.
             c.
             3.
             
          
        
      
      
  

