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.

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[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
.

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
.

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
;

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
,

Whether

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
?

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
,

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
,

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

Rubrica

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
;

Angelus
de
Clavasio
,

and

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.

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

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

Jacobus
de
Graffiis
,

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

and

3
Ed.
6.

1.
5.

and

6
E.
6.

and

1
Eliz.

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
.

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

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

Adamant
,

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

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
;

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
.

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
,

Non-resident
Prelatical
Clergy-men

heretofore
,
that

they
preached
and
discharged
their
ministerial
function
by
their
Curates
,
their
office
being

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
,

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
,

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.

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
,

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.

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

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

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

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
.

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

publickly
indict

him
for
it
upon
the
Statutes
of
1

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
.

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

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
,

way
of
retaliation
.

Our

Law-Books

resolve
,
That
if

an
Annuity

granted

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

grants
an
Annuity
to

for
the
use
of
a
way
,
and

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

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.

Every

particular
Parishioner

grieved
,
may
by
the
Statutes
of
13

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

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.

&
1

Eliz.
c.

2.
as
well
as
upon
the
Statutes
of

Magna
Charta
,
c.

20.
of

Merton
,
c.

10.
and
other
Acts
.

I
conceive
the

Patron

himself
(
from
the
forecited

Reasons

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
,

free
Chappels
used
to
be
,
and
are
still
collated
;

and
that
upon
this
Legal
Ground
;

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

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

3.
46.
13

4.
8
,
9.

Br.

Extinguishment

and
Reviver
.
16.
46.

Cooks

Instit.

f.
319
,
338.
24.
E.
3.
72.

Bro.
Escheat
9
,
19
,
and
13
E.
1.

25
,
50.

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
,

Chron.

24.
2.

Chron.

8.
14
,
15.

13.
10
,
12
,
18.

29.
16
,

35.

30.
3
,
16
,
24.

35.
2
,

18.

Ezek.

6.
18
,

22.

But
also
,
1.

From
the
Elegant

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
:

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
.

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

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

Baptism
and
the
Lords
Supper
to
them
and
their
Children
,

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
.

From
the
ancient
VVrit
of

William
the
Conqueror

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
.

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

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
.

De
Libertatibus
allocandis
,

when
the
Justices
of
the
King
,

Eyre

Forest
,

deny
or
delay
to
grant
any
Burrough
or
Person
the
ancient
Liberties
they
formerly
enjoyed
by
Charter
or
prescription
.
The
VVrit

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

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

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

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.

dors
.

10.

&
8.

Claus.

32.

dors
.

Claus.

33.

dors
.

16.

Claus.

dors
.

10.

Claus.

25.

Claus.

20.

dors
.

10
,
11.

Claus.

pars

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

for
their
Archbishop
,

quia
esset
contra
honorem
nostrum
&
oommodum
Regni
nostri
,
Pat.

18.

17.

Claus.

26.

12.

Pat.

29.

dors
.

Pat.

25.

pars

9
,
10.

Pat.

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.

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.

The
Bishop
of

Exeter

would
have
visited
the
Church
of
St.

Burian

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.

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

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

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
,

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●
.

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

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.

West
.

2.
13

41.
as

Fitzh.
Natt
.
Brev.

f.
209

3.
25.
b.

f.
238.

Fit
.
●essavit
,

12
,
18
,
24.
12

4.
24.
45

3.
10.

Ploud
.

f.
58.

Cook

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

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.

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

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.

dor
.

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.

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
,

visible
,

(
who
are
known
to
their
Ministers
)
not
to
the
elect
,
invisible
,
regenerated
Members
only
,
infallibly

known
to
God
alone
,
but
not
to
any
mortals
:

Every
Member
of
a
visible

Church
,
hath
an
equal
right
to
,
and

in
all
Sacraments
,
Ordinances
,
Priviledges
of
the
visible
Church
,
as
he
is
a
Member
of
it
,
by
vertue
of
his
Membership
;

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
,

high
an
Injury
,
Injustice
,
Tyranny
,

for
any

Ministers
whatsoever
,

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
.

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.

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
.

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

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.

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.

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.

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.

Cart.

2.
R.
2.
m.
12.
n.
5.

Fox

Acts
&
Mon.
l.
4.
p.
154.

John
Seldeni

Eadmerum

Notae
,
p.
167.

b
Fitz.
Nat.
Bre.
f.
153
,
154.

Regist
of
Writs
.

c
Fit
.
Nat.
Bre.
f.
229.

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
,

58
,
59.

Mr.

Blake
,

his
Covenants
sealed
,
ch.
7.
sect.
13
,
14.

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.

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.