Parliament and doctrine of the church of England Concerning addition and alteration specified in the act there be divers and sundry other alterations and some additions also in the parish booke differing from the booke of King Edward in wel-nigh l. materiall poyntes And for the vse of which pointes if the Kings Iudges and Iustices should as strictly and rigorously proceed as the Bb. have done and yet doe for the not vse of the Suâ—plice Crosse they might bring all the ministers of the church within danger of sixe monethes imprisonment and of the losse of one yeares profite of all their spirituall promotions to the King For these words of the statute that all and singular ministers in any Cathedrall or Parish church c. be bound to say and vse the Mattens Evensong celebration of the Lords Supper and administration of each of the Sacramentes and all their common and open prayer in such order and forme as is mentioned in the said booke so authorized by Parliament in the fifth sixth yeeres of the Raigne of King Edward the sixth with one alteration c. and none other or otherwise These wordes I say doe as exactly and precisely bind all Ministers to vse the book of King Edw. and none other or otherwise in all poyntes excepting the excepted as they binde anie Ministers to vse the rites ceremonies mencioned in the said booke But how can any Minister vse that order of service and none other or otherwise which is appointed in the booke of fift and sixt Edw. 6. excepting the excepted when as some other order of service exceptinge the excepted is concluded within the booke provided by the Parishioners And for the vse of which booke rather then for refusall of the vsâ— of which booke a minister is punishable by the statute And to make the thing which we have in hand to be vndeniable without cavil namely that the booke provided by the Parishioners is not that booke which is authorised by act of Parliament it is to be noted besides the alterations and additions specified in the statute that there is one great and mayne alteration betweene the two bookes of sundrie chapters appointed to be read for the first lessons at Mattens Evensong vpon divers festivall dayes Which alteration also it is evident that the same was made generally and for the most part from the better to the worse namely from the canonicall scriptures to the Apocriphall writings from whole chapters to peeces of chapters and that as it seemeth not without fraud and collusioÌ„ to the Queene Realm The proofe of which alteration is apparantly scene by the severall kalenders of both bookes Vnto which kalenders for the first second lessons except the same be proper lessons at morning and evening prayer the minister is referred For in a Rubrick before Te Deum at morning prayer it is said There shal be read two lessons distinctly with a loude voyce the first of the old testament the second of the new like as they be appointed by the kalender except there be proper lessons assigned for that day And in the order for evening prayer it is thus said Then a lesson of the old Testament as is appointed likewise in the kalender except there be proper lessons appointed for that day And after Magnificat then a lesson of the new Testament Now these first and second lessons whether they be proper or not proper lessons assigned by the parish booke that many of them doe vary from thâ— first and second lessons appointed by the booke of 5. and 6. Edw. 6. is plainly to be seene not only by the kalenders of both bookes but also by the order appointed for proper lessons A paterne whereof at certeyne feast dayes followeth  Kalender of King Edwards originall printed booke Kalender of the Parishes printed booke Stevens day Morning prayer 1. lesson Esa 56 Morning prayer 1. lesson Pro. 28 Evening prayer 1 lesson Esa 57 Evening prayer 1. lesson Eccle. 4. Saint Iohn Morning prayer 1 lesson Esa 58 Morning prayer 1 lesson Eccle. 5. Evening prayer 1 lesson Esa 59 Evening prayer 1 lesson Eccle. 6. Innocents Evening prayer 1. lesson Esa 60 Evening prayer 1 lesson Wisd 1â— Vpon the circumcision day both bookes agree saving that King Edwa. readeth the whole 10. chapter of Deuter. at evening prayer and the Parish booke but part vpon the Epiphanie the chapters at morning and evening prayer for first and second lesson by both bookes are the same But the Genealogie of our Savior Christ mencioned in the third of Luke by the Kings booke is appointed to be read whereas by the Kalender and one rubricke in the parish booke the same is appointed not to be read  King Edw. Kalender The parish bookes Kalender Convers of Paule Morning prayer 1 lesson Ge. 46 Morning prayer 1 lesson Wisd 5 Evening prayer 1 lesson Gen. 47 Evening prayer 1 lesson Wisd 6 Purification of Mary Morning prayer 1 lesson Ex. 12 Morning prayer 1 lesson Wisd 9 Evening prayer 1 lesson Exo. 13 Evening prayer 1 lesson Wisd 12 Mathias Morn prayer 1 lesson Num. 33 Morning prayer 1 lesson Wis 19 Even prayer 1 lesson Num 34 Evening prayer 1 lesson Ecclus. 1 Annunciat of Mary Morning prayer 1 lesson Jos 21 Morning prayer 1 lesson Ecclus. 2 Evening prayer 1 lesson Jos 22 Evening prayer 1 lesson Ecclus. 3 Vpon Monday and Tewsday in Easter weeke vpon the ascension day and Whitsunday King Edwa. booke appointeth no proper Chapters for the first Lessons but only proper chapters for the second lessons and so referreth the Minister for the first lessons on those dayes to the chapters which by the common Kalender are appointed to bee read vpon those dayes Whereas the parish Booke appointed proper chapters aswell for the first as second lessons vpon all those dayes Vpon Monday and Tewsday in Whitsunday weeke by the K. book there be no proper chap. appointed for the first or secoÌ„d lesson at morning or evening prayer whereas the parish book appointed vpon Monday part of Gene. 11. at morning prayer for the first lesson and for the second lesson 1 Corint 12. And for the first lesson at evening prayer of the same day parte of the 11. of Numbers Vpon Tewsday in the same weeke for the 1. lesson at morning prayer part of the 19. 1. kings and for the first lesson at evening prayer Deut. 30.  King Edwa. Kalender The parish bookes Kalender Marke Morn prayer 1 lesson 2. K. 3 Morn prayer 1 lesson Ecclus. 4 Evening prayer 1 lesson 2. K. 4 Evening prayer 1 lesson Ecclus. 5 Philip and Iacob Morn prayer 1 lesson 2. K. 15 Morn prayer 1 lesson ecclus 7 Evening prayer 1 lesson 2. K. 16 Evening prayer 1 lesson ecclus 9 Barnabe Morn prayer 1 lesson Hest 3 Morn prayer 1 lesson ecclus 10 Evening prayer 1 lesson Hest 4 Evening prayer 1 lesson ecclus 12  King Edw. Kalender The parish bookes Kalender Peter Morn prayer 1 lesson Iob. 31 Morning prayer 1
lesson ecclu. 15 Evening prayer 1 lesson Job 32 Evening prayer 1 lesson ecclu. 19 Iames. Morn prayer 1 lesson eccl 10 Morning prayer 1 lesson ecclu. 21 Evening prayer 1 lesson eccle 11 Evening prayer 1 lesson ecclu. 23 Bartholomew Morn prayer 1 lesson ezek 3 Morn prayer 1 lesson ecclu. 25 Evening prayer 1 lesson ezek 6 Evening prayer 1 lesson ecclu. 29 Matthew Morn prayer 1 lesson micha 7 Morning prayer 1 lesson ecclu. 35 Evening prayer 1 lesson Nahu 1 Evening prayer 1 lesson ecclu. 38 Michael Morn prayer 1 lesson Zecha 7 Morning prayer 1 lesson ecclu. 39 Evening prayer 1 lesson Zecha 8 Evening prayer 1 lesson ecclu. 44 Luke Morn prayer 1 lesson Iudu 13 Morning prayer 1 lesson ecclu. 51 Evening prayer 1 lesson Jud. 14 Evening prayer 1 lesson Iob. 1 Simon and Iude. Morn prayer 1 lesson Sapi. 17 Morn prayer 1 lesson Iob. 24. 25 Evening prayer 1 lesson Sapi. 18 Evening prayer 1 lesson Job 42 All Saints Morni prayer 1 lesson Wisd 3 Morn prayer 1 lesson part of Wis 3 Evening prayer 1 lesson Wisd 5 Even prayer 1 lesson part of Wis 5 Andrew Morni prayer 1 lesson Esai 5 Morning prayer 1 lesson Pro. 20 Evening prayer 1 lesson Esai 6 Evening prayer 1 lesson Pro. 21 Thomas Morn prayer 1 lesson Esa 48 Morning prayer 1 lesson Pro. 23 Evening prayer 1 lesson Esa 49 Evening prayer 1 lesson Pro. 24 Vnto these alterations there is one maine difference to be added and fitt in this place to be observed coÌ„cerning certaine dayes wherein proper lessons are to bee read For by the booke of King Edw. it is said proper Psalmes lessons for divers feasts and dayes but by the parish booke the title is after an other maner viz. Lessons proper for holy dayes From whence it followeth that all those dayes wherein proper lessons are to be read are by that title accompted to be holy dayes which is repugnant to a Rubricke of the same booke entituled These to bee observed for holy dayes and none other Out of which Rubrick amongst a number of holy dayes there specified six dayes be secluded from being holy dayes for the which six dayes notwithstaÌ„ding proper lessons are appointed to be read as vpon holy dayes and these six dayes be the dayes following viz. the day of the coÌ„version of Paule Barnabes day Wensday and Thursday before Easter Goodfriday and Easter even It seemeth therefore not to be so safe a matter as men are borne in hand it is for ministers absolutely to subscribe that there is nothing in the whole booke of common prayer repugnant to the holy worde of God seeing there is so grosse and palpable a repugnancie in the booke it selfe Consentiet nullâ— qui secum dissidet ipse Vnto which repugnancie also may be added an other repugnancy more absurd For besides the alterations and additions before specified and not comprised in the statute there is a Rubrick added which not only repugneth the booke of K. Edward but also crosseth the kalender aswell of the parish booke it selfe as of the booke of K. Edward By which Rubrick also there is a detraction from the booke of K. Edward worse then the former of the Letany Because this Rubrick appointeth onely part of the first chapter of Saint Matthew and part of the third chapter of Saint Luke to be read whensoever by the kalender or booke those chapters come to be read Whereas the kalender of both bookes appointeth the whole first chapter of Saint Matthew the whole third chapter of Saint Luke to be read vpon divers dayes in the yeare As for example both bookes on the first Sunday after the nativitie appoint the whole first chapter of Saint Matthew to be read for the Gospell Which whole chapter also is appointed by the kalenders of both bookes to be read for the second lesson of morning prayer on the second day of lanuary the third of May and the 31. of August The like is to be observed by the kalenders for the reading of the whole third chapter of Saint Luke for the second lesson at morning prayer vpon the 21. of February the 19. of Iune and the 17. of October But these chapters are no part of the Booke of coÌ„mon prayer and by the Preface before the second part of the Homilies a Minister may for some chapters of the old Testament read some chapters of the New as to him shall seeme to tend more to edification By your leave this your exception seemeth to be but an homelie frivoulous exception For though the chapters bee no part of the booke of common prayer yet be the chapters part of the matter of the common service of the church prescribed by the booke yea and the formall and orderly reading of such and such chapters at such such times is part also of the order and forme of saying the same service Insomuch as neither Mattens nor Evensong in matter forme can be song or said without the chapters be read And as for the preface to the Homilies that by the same the minister is at libertie to leaue some chapters of the old for some chapters of the new Testament for first or second lesson what doeth that helpe the falsification of the parish booke when the same in place of six and twentie or thereabouts of Canonical hath appointed so many of Apocriphall chapters vpon feast dayes to bee read Or how can the Preface exempt a Minister from being punishable before the Kinges Iustices if he shall follow some private preface and breake the Kings publike edict But both bookes agree in many pointes and namely that the Minister in Baptisme shall make a crosse vpon the childes forehead shall say We signe thee with the signe of the crosse c. And therefore how soever the bookes may differ in some moe pointes then are mentioned in the Statute yet cleane to disavow the book of common prayer provided by the Parishioners not to bee the booke of common prayer which the Ministers in their dayly ministâ—atioÌ„ are bound to vse is but a cavill and reproveth the whole state of Prelacie and of the Realme who have received and vsed the same booke ever since the first yeare of our late Queenes Raigne King Henrie the eight writing to the Emperour against the Pope telleth him that a free man ignorant of his freedome doth not therefore become a bondman because ignorantly he submitteth him selfe to servitude No more say we is the State of the Realme lyable to reproofe when having committed the ordering of these affayres to the fidelitie and circumspection of the Clergie it hath bene abused by the Clergie Howsoever the State then of the Realme have received and vsed the booke attayned and gotten by the Parishioners it mattereth not to the point in question For if the Clergie vnwitting to the State have caused or suffered a booke to bee printed and
common prayer attayned and gotten by the Parishioners of M. for the Minister to vse in the same parish Church IT is provided and enacted that the bookes concerning the said services shal at the costs charges of the parishioners of every parish be attayned and gotten c. And that such parishes where the saide bookes shal be attayned and gotten c. shall within three wâ—ckes after the bookes so attayned and gotten vse the said service and put the same in vre according to this act from whence it seemeth to follow the Minister not being commanded to attayne get the said booke if the parishioners have not hitherto attayned and gotten the said booke that the minister of the same parish is not bouÌ„d to vse the said service put the same in vre which is not attayned gotten for him to be vsed invred That the parishioners of the said parish church have not hitherto attay ned gotteÌ„ the said book semeth to be manifest vpoÌ„ these coÌ„siderations The Booke which the Minister of the same Church is bound to vse should differ from the booke of common prayer authorised by act of Parliament 5. and 6. Ed. 6. But in foure poyntes that is to say one of alteration or addition of certeine lessons to be vsed on every sunday in the yeare an alteration correctioÌ„ of the forme of the Letany and two sentences only added in the delivery of the Sacrament to the coÌ„municants and none other or otherwise But in the booke attayned and gotten by the said parishioners therâ— be moe alterations then are specified in the statute The forme of the Letany is not corrected and altered and moreover there is some detraction from the very matter of the booke which detraction ought not to have bene made and which is conteyned in this prayer following From the Tyrannie of the Bishop of Rome and all his detestable enormities Good Lord deliver vs. And as touching the forme of the Letanie of K. Edw. booke whereas the same by the letter of the Act seemeth by the Parliament to have ben altered corrected for the words stand thus viz. altered corrected not to be altered corrected yet now so it is that the same forme remaineth stil in the parish book vnaltered vncorrected For the whole forme order and dispositioÌ„ of prayers which is in the Letanie of the parish book is the same forme order disposition of prayers which was in the Letany of K. Ed. book Except vnhappely we shall say that the transposition and alteration of the prayer of Chrysostom by the booke of K. Edw. according to the nature of the letter of that prayer appointed to be read last of all the prayers in the Letanie is an alteration and correction of the forme of the Letanie when as notwithstanding the transposition and alteration of that prayer by the parish booke appointed not to bee read last but before sundrie other prayers is rather a playne corruption and not a correction of that parte of the forme of the Letanie For this transposition is as if an husband-man should set his cart before his horse or as an Orator should place his coÌ„clusion before his proheme Again it can not probably or reasonably be gathered that the Parliament mentioning an alteration correction made of the forme of the Letany did inteÌ„d by the words forme of the Letany altered corrected that part of the matter of the Letany was or should be altered corrected For the matter of that prayer was good and without fault needed no alteration and correction at all yea and had the ParliameÌ„t detracted or intended that that prayer should be detracted out of the Letany and that by the detraction thereof the forme of the Letanie had ben altered and corrected then would no doubt the Parliament have spoken properly and plainly in this case like as the same did in the other two cases in this or the like maner viz. one prayer against the tyrannie of the Bishop of Rome and all his detestable enormities detracted In like sorte I say as it enacted one alteration or addition of certeyne lessons to bee vsed on every sunday in the yeare and two sentences only added in the delivery of the Sacraments to the communicants wherefore the Parliament in the excellencie of their iudgement sharpnes of their wisdom by thâ—se wordes forme altered and corrected necessarily implying that the forme of the Letany of King Edwards booke was faulty and corrupt it can not by any reasonable construction bee gathered that the Parliament by forme of the Letanie did intend any part of the matter of the Letanie which was good and sincere For if we speake properly and not tropically plainly and not obscurely iudiciously and not ridiculously as all Statutes and all wise Law-makers speak or ought to speak we can not say that any parte of the matter of a thing is the forme of a thing For what a vanitie were it to call the matter of a loafe the forme of a loase The matter of an house the forme of an house or the matter of a man the forme of a man much more vainly then needs must wâ— speake if we call the matter of a mast of a ship the forme of a ship the matter of the clapper of a bell the forme of a bell or the matter of the whit of an egge the forme of an egge Wherefore it can not otherwise be intended by the Parliament but that the faulty and corrupt forme order and disposition of prayers conteyned in the Letany of King Edwards booke was or at leastwise should have bene corrected and altered into an holy sincere forme order and disposition of prayers and not to have continued still faulty and corrupted as the same was in the beginning and first originall thereof Yea and that this indeed was the true meaninge of the Parliament is more fully confirmed vnto vs out of the doctrine of one of the Homilies commaunded publikely to bee read in the churches For coÌ„mon prayer saith the Homilie is rehearsed and said by the publicke Minister in the name of the people the whole multitude present whervnto they giving their ready audience should assent and say Amen But in the Letany of the boâ—ke attayned and gotten by the Parishioners the forme of prayers is not framed after this maner For in some part of the Letany the Minister only repeateth some thing for the which the people praye and so it commeth to passe that the people only praye and not the Minister yea and so the Minister supplieth the place of the people and the people the place of the minister Agayne in some other partes of the Letany the minister prayeth for one thing and the people following pray for another By meanes whereof the faultie and corrupt forme order and disposition of prayers in the Letany disagreeable to the doctrine of the Homilie remayneth vnaltered and vncorrected contrarie to the act of
CERTAINE CONSIDERATIONS drawne from the Canons of the last Sinod and other the Kings Ecclesiasticall and statute law ad informandum animum Domini Episcopi Wigornensis seu alterius cuiusuis iudicis ecclesiastici ne temere inconsulto prosiliant ad depriuationem Ministrorum Ecclesiae for not subscription for the not exact vse of the order and forme of the booke of common prayer heeretofore provided by the Parishioners of any parish Church within the Diocesse of Worcester or for the not precise practise of the rites ceremonies ornaments of the Church Prov. 25. 2. The glory of God is to conceale a thing secret but the Kings honor is to search out a thing Esai 51. 7. Hearken vnto me ye that know righteousnes the people in whose heart is my Law feare ye not the reproch of men neither be ye afraid of their rebukes Cod. de Episcopis Cleric l. nul li licere Nec delatoris nomen suspicionemque formident cum â—ides atque industria corum tam laude quam honestate ac pariter pretate non careat cum veritatem in publicas aures lucemque deduxerint 1605. To the Right Honorable Lords the Lords of his Maiesties most honorable privie Counsell MOST Noble Lords may it please your good Lordshippes to be put in remembrance how the holy Ghost calleth and entituleth the Princes of the earth by the name of Gods By which so rare and admirable a style so high supereminent a title men of your estate coÌ„dition qualitie be taught that as your names are so should your persons be Gods by name calling therefore every way such maner of persons as the most high God the God of Gods hath commaunded you to be That is to say as Iob sayeth Deliverers of the poore and fatherles when they crie and there is none to helpe eyes to the blind feete to the lame diligent in searching out things you know not breakers of the chawes of the Lyons and the pluckers of the pray out of their teeth That so you being covered with Iustice as with a Robe and with a crowne the blessing of them which are ready to perish might come vpon you and the distressed beeing succoured might have cause to prayse you And most Honorable Lords by so much the more have we presumed to tender vnto your Lordships favorable examinatioÌ„ these considerations by how much the more your fame prayse and honour may be sounded and resounded throughout all the Churches when you shall be well pleased to become humble intercessors vnto our most gracious and Christian Lord and King for a more temperate mild and charitable course by the Diocesans and other ordinaries hereafter to bee held against the Ministers vntill they shall defend their late censures penall proceedings and sentences for omission of rites ceremonies ornamentes c. to be in every due regard and circumstance answerable to the Kings ecclesiasticall Lawes and Statutes In the meane season that more rigour and severitie of law hath of late bene vsed in some of their Consistories then was meete these considerations with their reasons drawen from the lawes statutes and Canons which them selves professe and practise if rightly they were applied to their proceedings may sufficiently witnes For by these grouÌ„ds and reasons if inquisition or information had ben made or taken sentences of grace and absolution rather then of disgrace and condemnation ought in our iudgement to have ensued If we should be demanded what colour of law or reason they can pretend for their forme and maner of proceedings we might rather have cause to wonder then be able to yeeld any reasonable aunswere to such demaund And therefore as they be old inough so good leave shal they have from vs to make answere for them selves Only thus much we might be able reasonably to defend that a good government being lightsome can not brooke the darksomnes of that which is evill And on the other side that an evill governement being darksome can not but flie the lightsomnes of that which is good If the government then of the Church by Diocesans other ordinaries had bene lightsomnes and not rather darksomnes it could not have come so to passe as it hath done that the Moone as it were abashed and the Sunne as it were ashamed should flye before the obscuritie of most grosse darknes That lampes of pure oyle and candlestickes of fine golde standing and burning day night in the temple should be removed and put out and that in steed thereof both woodden candlestickes and lights of bulrushes should be brought in and set vp Nay if we had not seene it with our eyes heard it with our eares it would have seemed a wonder altogether vncredible vnto vs that not one so farre as we can learne among 2. or 3. thousand Ministers some whereof are notoriously knowne to be ignorant vnlearned some idle and non resident some common bibbers taverne haunters some dycers and gamesters some fighters and quarellers some wanton adulterous some simoniacall and vsurious some pompous and ambitious some greedy and covetous some swearers and swaggerers and some prophane and voyd of all honestie of life should so much as once in twoo yeares for any of these grosse impieties bee publickly admonished or marked with the least note of disgrace for not conformitie to the holy lawes of God And yet notwithstanding that a third or fourth part of three or foure hundred painfull discreet learned grave and godly ministers within lesse then sixe monethes should be suspended deprived or deposed some from their offices and some from their benefices not for commission of the least of the grossest of these sinnes but only for omission of the least of the commaundements and traditions of men If wee say we had not both heard and seene and knowne these things wee could never have beleeved them to be true Nay if we had not heard it and knowne it how incredible might it be that sundry learned and godly Ministers vowing protesting offering to testifie vpon their corporall othes that they abstayned from the vse of ceremonies for none other cause but onely for feare of offendinge God wounding their owne weake consciences scandalizing their brethren could not for all this by the Diocesans be accepted but commanded away and put to silence Now alas Most noble Lords if such a course of Iustice and such an hand of iudgement by your Lordshippes or other the Kings Iustices Officers were held in the civil governement of the common weale what out-cryes would there be made in all the corners of the land yea with what swarmes of disordered and riotous persons would the Kings Dominions in short space be oversflowen and pestered It is true my Lordes we confesse that non relatione criminum sed innocentia rei purgantur And therefore to excuse any Minister wherein he may iustly be blamed is farre from our minde and purpose For we graunt that every one
had without cause devided them selves from the vnitie of the true church of Christ. Whereas in trueth the Church of Rome by hir Apostasie having cut hir selfe from the vnitie and vniversalitie of the doctrine and discipline of the true and mother church of Ierusalem is hir selfe become the most notable and prime sectarist and scismatick of all the world And of whose schismes our Diocesans so farre as they partake with hir can not be but guiltie Vnles then the Diocesans can approve them selves touching their vse of ceremonies and Diocesan governement to stand in vnitie with the true new Ierusalem in these dayes repaired departed from the old scismes and sectes of Rome we assure our selves that they shall never bee able to prove those ministers which stand not in vnitie either of iudgement or practise with them but be conscionably and so lawfully divided in these things from them for such division to be sectaries or scismatickes For it must be an vnlawful discession by inobedience from the vnitie of the first and mother church of Ierusalem and not a lawfull departure vpon conscienc efroÌ„ the vnitie of the daughterâ—church of England that maketh a sect or scisme For otherwise ought not all other Churches stande in vnitie of ceremonies and governement with the church of England or vnlawfully dividing them selves from the church of England must they not become scismatickes sectaries And how then are not almost all the christian and reformed churches in the world not onely almost but altogether scismatickes and heretickes For have they not divided them selves from all those rites ceremonies and ornaments yea from that maner of Diocesan governement which are yet reteyned in the Church of England My Lords I confesse that brevitie and perspicuitie are two commendable graces of the toung and of the penn such as in all mens speeches and writings are much to be affected But yet how long or tedious soever already I have bene I most humbly beseech your Honorable Lordshippes to licence me to passe on one steppe further especially the matter being of such importance as the same may not well bee passed over with silence It hath pleased Sir Edward Cooke Knight his Maixsesties Attornie Generall with all candor and charitie to confirme and satisfie by demoÌ„strative profes all such as were not instructed in these points following First that an ecclesiastical Iudge may punish such Parsons Vicars c. as shall deprave or not observe the booke of common prayer by admonition excommunication sequestration or deprivation other censures and processe in like forme as heretofore hath beene vsed in like cases by the Queenes Ecclesiasticall lawes though the act of primo Eliza had never insflicted any punishment for depraving or not observing the same Secondly seeing the Authoritie of an Ecclesiasticall Iudge is to proceed and to give sentence in ecclesiasticall causes according to the ecclesiasticall law that the Iudges of the common law ought to give faith credit to their sentence and to allow it to be done according to the ecclesiasticall law when the iudge ecclesiasticall hath given sentence in a case ecclesiasticall vpon his proceedings by force of that law For saith he cuilibet in sua arte perito est credendum Now then as these two pointes bee plainly taught and demonstrated vnto vs so also even by the same demonstrative reasons it is cleere that there must be first a depraving or not observing of the booke secondly that every sentence given by an Ecclesiasticall Iudge in a case of depraving or not observing of that booke must be given according to the ecclesiasticall law and vpon his proceedings by force of that lawe in like forme c. From whence it followeth that all sentences touching depravation or not observatioÌ„ of the booke be either voyd sentences by reason of nullitie or no good sentences by reason of iniquitie and iniustice if by the Iudges Ecclesiasticall vpon their proceedings the same sentences have not bene given by force and according to the same lawes in like forme as heretofore hath bene vsed in like cases by the Kings Ecclesiasticall Lawes or if the factes charged vpon the Ministers by the iudges ecclesiasticall by the letter intendement of the law be no depravations or not observations of the same booke And therefore to the end all questions touching these two poyntes might hereafter vtterly cease and bee quite buried your Lordshipps could not performe a more acceptable service to the King the Church and Realme then by an humble importuning his Maiestie to have it explaned by parliament both who by the letter and true meaning of the Statute bee depravers or not observers of the booke and also what lawes Ecclesiasticall may and of right ought to be called indeed and trueth the Kings Ecclesiastical Lawes For vnlesse aswell touching these pointes as touching the former pointes of Sir Edward Cooks it be throughly decided what is the binding and assured law how should the Ministers or others content and satisfie themselves with an vndoubted trueth And that this maner of controversie about the invaliditie of sentences of deprivation given by ecclesiasticall Iudges is not a controversie now first moved but that the same hath bene long since handled and discussed is a matter yet remayning I doubt not vpon publike record For whereas sentences were given in the tyme of King Edward the sixt for the depriving of Steven Gardener from the Bishoprick of Wincester Bonner from the Bishopricke of London Heath from the Bishoprick of Worcester Day from the Bishopricke of Chester Tunstall from the Bishopricke of Durham Vessay from the Bishopricke of Exeter wherein many grave and learned commissioners were imployed as the Archbishop Cranmer Ridlie Bishop of London Goodrick Bishop of Elie Sir William Peeter and Sir Thomas Smith the Kings Secretaries Sir Iames Hales one of the Iudges of the Law Maister Gosnell Maister Goodrick Maister Lisley Maister Stamford men notably learned in the common lawes of this Realme Mai. Leveson and Mai. Oliver Doctors of the Civill Law nevertheles the same sentences were in the tyme of Queene Mary revoked and disannulled without Perliament within the space as myne Authour sayth of three dayes by vertue of other Commissioners for faultes found in the processes viz. that the former Commissioners had proceeded ex officio without authoritie contrary to the Kings Ecclesiastical Law sometimes quod iuris ordo non fuerit servatus c. sometimes that the Interrogatories were ministred to divers persons without knowledge of the defendants c. sometimes that some of the witnesses were examined privately without oath sometimes that their exceptions and appellations were not admitted but their persons committed to prison pendente appellatione c. And therefore most honorable Lords it is to be considered if the like or greater and more notorious defaultes and enormities bee to bee found in any sentence of deprivation given ex officio by a Diocesan governour at this day whether the same sentence
ought to be maintayned as good and iust or rather whether the same ought not as the Kings law requireth to bee reversed and disannulled as evill and erroneous And thus I leave and commend vnto your most honorable care circumspection and vigilancie the hearkening and spying out by all the possible wayes and meanes in your highest wisedomes you can best devise how the good lawes statutes Decrees of the Church Realme being duly executed a learned vertuous paynfull and godly Ministerie may be nursed and suffered to grow vp And how on the other side an Idle Ignorant Scandalous and godles ministerie may as worthily it deserveth be cut downe and troden vnder foote The one by a perpetuall Decree and ordinance of God hath establishment from heaven and therefore without sinne offence to God can not be neglected the other springeth from below and is much like to an evill herbe or weed which if it be not speedily rooted vpp but suffered to spread will soone so over-spread the gardens of God with vice and impietie as there will scarce be any roome left for vertue and pietie the one by vse and execution of the Kings ecclesiasticall lawes may easilie be cherished the other without abuse and contempt of the same law can not in any sort bee tolerated It was said vnto Shebna the Steward of the house of King Hezekiah What hast thou to doe here and what hast thou here that thou shouldest hewe thee out a sepulchre as he that heweth out his sepulchre in an high place or graveth an habitation for him selfe in a rocke But oh you most noble Lordes are not as Shebna in the house of Hezekiah but you are vnto King IAMES and his house as was Eliakim vnto Hezekiah and to the house of King David As the key of the house of King David was layde vpon the shoulders of Eliakim so is the Key of the house of King Iames laid vpon your shoulders If you shall open no man shall shut if you shall shut no man shall open Would your Lordshippes then bee fastened as a nayle in a sure place as Eliakim was And would you desire to be the throne of the glorie of your Fatbers houses as Eliakim was to his You must then hee clothed with the garmentes and strengthened with the girdle of Eliakim yea and you must be Fathers to the inhabitantes of Ierusalem and of the Cittie of God Yea Shebna though he were in mans iudgement so fastened as though he should never fall yet must his face bee covered and he him selfe rouled and turned like a bale in a large lande Yea hee must be driven from his station destroyed out of his dwellinge place and bidden to departe Nay the burden that was vppon him must bee cutt off that the Chariottes of his glorie may bee the shame of his fathers house These thinges most honorable Lordes if you accomplish and bring to effect you shall approove your selves vnto the great and mighty GOD to be such little Gods vnder him as you may not bee ashamed at his glorious appearance but may reioyce and be glad that your worthie and divine actes have beene aunswerable to your divine and worthie names And thus the God of power and Maiestie confirme strengthen and stablish your heartes faithfully and couragiouslie to doe the worke of God and of his King The Corrector to the Christian Reader THis tempest good Reader having blowne downe so many poore Parsons houses vncovered their Churches and overthrowne their Pulpits hath wakened mee to behold the harmes and to consider the danger least staying vnder the roofe of a tottering building I might perhaps bee suddenly overwhelmed with the ruines Herevpon I betoke me to examine the foundations vpon which this house so sore beaten doth stand I found the groundworkes good and sure even Christ and his Apostles with all the sacred word of God The walles I perceyved well strengthened with buttresses of the fayrest and firmest stone that the Temple hath bene repayred within these laste times I grew secure that howsoever the tiles did fly about our eares yet the walles and the substance would abide Notwithstanding I looked about me still for more props no store being superfluous in such extreeme perill and by Gods good providence I light vpon this worthy Treatise very learnedly written and with great judgement whereby I receyved comfort and confirmation a fresh In it I beheld how the vehemencie of the storme forced things cleane contrary to the current of our owne lawes And from hence I conceyved this tempest would be blown over anon For can his sacred Maiestie when he shall throughly vnderstand how his statutes are abused suffer his most loyall subjects to groane any longer vnder such heavy oppression It cannot bee but together with his high Court of Parliament he will at laste take order that the ambition of none shal be of greater force then his regale decrees I have thought good to imparte vnto thee this treasure that thereby thou maist learne what the Lawes of the Lande require in this case and maist labour by prayer and by what dutifull and lawfull meanes thou canst to obteyne remedie Farewell Certaine considerations drawne from the Canons of the last Synod and other the Kings Ecclesiasticall statute law ad informandum animum Domini Episcopi Wigorâ—ensis seu alterius cuiusuis iudicis ecclesiastici ne temere incoÌ„sulto prosiliant ad deprivationem ministrorum ecclesiae for not subscription for the not exact vse of the order and forme of the book of common prayer c. FIrst by the letter of the statute 25. H. 8. cap. 19. it seemeth to be a playne case that no constitutions canons or decrees by what name soever they be called ought to bee made promulged or put in execution within this Realme vnlesse the same be made by the whole clergie of the Realme assembled by the kings writ in their convocations For as by these wordes the Clergie of the Realme inserted in the submission petition of the clergie the whole clergie of the Realme is vnderstood even so likewise these wordes clergie of the Realme beeing repeated in the body of the act can not well be taken and vnderstood to bee meant of parte of the clergie but of the whole body of the clergie of the Realme For otherwise the body of the Act should not accord and bee answerable to the submission The last Synod then being as appeareth by the tytle of the booke of canons but a provinciall convocation for the province of Canterbury consisting only of the Bishop of London president of the same convocation and the rest of the Bishops and Clergie of the said Province it followeth the Archbishop of Yorke and the Bishops of that Province so the whole Clergie of the Realme not beeing assembled with the Kings writ to this Synod that the constitutions made in this Synode have nor bene made by the whole clergie of the Realme according to the
published which hath but the shew of a booke then as it seemeth hath the Clergie no law but the shewe of a law to enforce the vse of such a booke as the State hath not authorized And therefore we may not for clearing the Clergies iust reproofe confesse an vntrueth and still conceale a kinde of iniustice vnwitting to the State executed by the Cleargie vnder a colour of Iustice as if their iniustice by colour of errour were maintainable by the State For so contrarie to all reason and good duetie which we owe to the state and to the Church we should not only interlace the innocencie of the State with the guiltines of the Cleargie but also mingle the churches industrie with the Clergies ill husbandrie It is therefore no cavill to oppose a iust and true answere to an vntrue and vnsound plea For albeit the two bookes agree in many pointes and specially in mencioning the making of a crosse c. nevertheles the parish booke can not therefore any more truely be counted that booke which is authorised by act of Parliament then can that coyne bee reckoned to be the Kings coyne which hath in it nine partes silver and the tenth part copper nether is it any more lawfull for an ordinary to presse the vse of a booke in it selfe corrupted though in many points it agree with the originall then it is sufferable for the Kings Iustices to enforce the vse of a coyne in it selfe counterfeite though in forme and charactere it be like the Kings Image and superscription Wherefore the mencion made in the parish booke of making of a crosse c. not being a matter of power sufficient to warrant the parish booke but the booke authorised by act of Parliament being a matter of power to warrant the making of a crosse c. wee may iustly avow the booke of common prayer attayned and gotten by the parishioners not to bee that booke which the Ministers in their day he ministration of divine service be bound to vse notwithstanding the making of a crosse and signing the child in the forehead with a crosse be therein mencioned If reply bee made that this plea would but litle ease or advantage the Ministers in case the right booke should be reviewed corrected and new printed we then reioyne and averre First that the day is past long since before which time this worke should have bene refined and that therefore it is now too late without a new law to reviewe and amend the same Secondly that this plea will not only but litle ease and advantage the nullities iniquities and iniustices of sentences heretofore passed by the ordinaries vnder colour of that booke but also much advantage the King and his state if his Maiestie might bee pleased to do as King Ioash king of Iudah or as K. Henry the eighth king of England did king Ioash in or about the beginning of his raigne as it seemeth having appointed the Priestes to take all the silver of dedicate thinges brought to the house of the Lord and therwith to repaire the broken places of the house wheresoever any decay was found and the Priests vntill the three and twentith yeare of his Raigne not having mended that which was decayed nor repayred the ruines of the Temple the king I say because of the Priests negligence commanded the Priests to receive no more money and tooke from them the ordering of the money and committed the same to his Secretary and to Iehoâ—ada the high Priest who gaue the money made ready into the hands of them that vndertooke the worke and that had the oversight of the house of the Lorde of whom there was no reckoning taken because they dealt faithfully If the Priestes then of our age have not only not within three and twentie but not within three and fortie yeares published that booke which is mended and corrected by the Queene her state in the first yeare of her Raigne but also for the space of eight and fortie yeares have suffered a corrupted booke to be intruded into the place of a true booke we commend it to the wisedome of our Soveraigne Lord king IAMES who is as an Angell of God to discerne betweene things that differ there being no high Priest in our dayes like faithfull as was Iehoiada the high Priest in the dayes of king Ioash whether his Maiestie might not be pleased for the redresse of this and other corruptions in the Ecclesiasticall state to appoint as king Henry the eighth did an other Cromwell to be his Maiesties Vicegerent and Vicare generall over the Clergie Vnto these differences and alterations betwene the two bookes not mencioned in the statute may be annexed both an addition of certaine new prayers and some alteration also of the forme of the old prayers to be said after the end of the Letanie By addition in the parish booke there be set three severall prayers not any one of them mencioned in the Kings booke viz. A prayer for our Bishops Curates beginning thus Almightie and everlasting God which only workest great marveilles send downe vpon our Bishops and Curats c. Secondly a prayer out of the 2. of Corint 13. 13. viz. The grace of our Lord Jesus Christ c. And thirdly a prayer beginning thus O God whose nature and propertie is ever to have mercie c. And whereas by the forme of King Edwards booke the Letanie should ever end with this collect following viz. Almightie God which hast given vs grace at this time with one accord c. and so this collect should be after the prayers for rayne for faire weather in the time of dearth in the time of warre and in the time of any common plague or sicknes as the time requireth This collect I say by King Edw. booke appointed to be said after all these prayers is by the parish booke set before all these Yea and it is to be said also before the prayer beginning O God whose nature propertie is ever to have mercy By meanes wherof the very forme and order of some prayers appointed in the Kings booke and by the statute commaunded to be vsed and none other or otherwise is so transposed and inverted as that the minister observing the parish booke can not but breake the order and forme of common prayer commanded to be vsed and so can not but cast his body one whole yeares fruites of his benefice vpon the kings Iudges and Iustices mercy Moreover besides these additions and alterations in the end of the Letany of King Edw. booke there is one prayer inserted which by the parish booke is wholy left out namely O God mercifull Father which in the time of Heliseus c. Lastly at the latter end of the communion in the kings book there is one Rubrick concerning kneeling at the communion which Rubrick is not in the parish booke the same beginneth thus Although no order c. There is also one Rubrick among those Rubricks
which are in the parish booke not to be found in the Kinges booke beginning thus And in Cathedrall or Collegiat Churches c. Wherefore the parish booke in so many and materiall poyntes being thus grosly corrupted and no one true original copie provided by the parishioners for the ministers to vse it seemeth to be a very lamentable and wofull case that subscription to a feyned record should bee thus streightly vrged And that so many learned peynfull and godly Ministers for refusing to subscribe or precisely to vse an vnauthenticall scedule should be grieved and molested By what guyle or by whose cunning so foule a stratageme to the deluding of the Queene the Lords and commons in Parliament assombled was first wrought we know not Neither have we any reason to charge any of the Clergie now living with so foule and grosse an abuse Because there is not one of the Clergie to our knowledge living that in the beginning of our late Queenes raigne had ought to medle in Church-government or survey of printing bookes But this we may speake and not speake as we thinke vntruly that some one guilfull priest or other vnwitting to the Queene and State yea and it may be vnwitting to the Clergie too was suffered to shoufle and to set the cardes with the sleight of a false finger For otherwise it could not possibly have come to passe that so many chapters of the Apocryphall writings should be conveyed into the parish booke in steed of so many chapters of the true and authenticall scriptures appointed by K. Edw. booke especially the same chapters in the parish booke as it were of set purpose being ordered to be read when all the people are solemnly assembled togither vpon festivall dayes Wherefore these differences betweene these bookes being apparantlie true and the statute having decreed that the minister shal be bound to say and vse the Mattens Evensong c. in such order and forme as is mencioned in the same booke of King Edward with such alterations and additions as be mentioned in the act none other or otherwise and the parishioners not having atteyned and gotten the saide booke it is a matter that worthily and necessarily requireth the consideration and resolution of the Kings learned Iudges and Iustices Whether a Minister by the letter of the statute be bound exactly and precisely to vse a booke atteyned and gotten by the parishioners the same booke not being authorised by the letter of the statute And if not then whether the Minister by the letter of the statute bee to loose and forfeite to the King one yeares profit of all his spirituall benefices and promotions and his body to suffer imprisonment by the space of six monethes if he shall refuse to vse some part of a booke not authorised For it semeth as yet to vs absurd that a Minister should bee vrged to vse such a booke as for the vse whereof hee hath no authoritie or that he should be punished for refusing the vse of such a booke as for the vse whereof hee is by the law punishable But be it graunted that the very booke authorised and none other is atteyned and gotten by the parishioners for the Minister to vse then is it againe a matter carefully to be weighed and for the ful contentation of the mindes of all persons to be resolved by the Iudges what maner of fact is to be holden and adiudged by the Letter of the Statute to be a breach of the statute and for the which fact a Minister before the Kings Iustices is punishable in maner and forme expeessed in the Act. For the better resolution of which question it shall not be amisse to repeate in this place the first clause of the body of this Statute For in the clause of the repeale of the statute of Queene Mary and reviving the booke of king Edw. it is said that the laid booke shall stande and be in full force and effect according to the tenor and effect of this Statute the tenor and effect of this statute then is to bee noted the wordes whereof are these And further be it enacted by the Queenes Highnes with the assent of the Lords and Commons in this present Parliament assembled and by authoritie of the same that all and singular Ministers in any Cathedrall or Parish church c. shall from and after c. be bound to say and vse the Mattens Even song Celebration of the Lords supper and administration of each of the Sacramentes and all their common and open prayer in such order and forme as is mentioned in the said booke so authorised by Parliament in the said fifth sixth yeares of the raign of King Edward the sixth with one alteration or addition of certayne lessons to be vsed on every Sunday in the yeare and the forme of the Letany altered and corrected and two sentences only added in the deliverie of the Sacrament to the communicantes and none other or otherwise Out of which clause one special poynt for the better vnderstanding of the whole tenor and effect of the statute is to be observed Namely that the Parliament hath wholy in this branch omitted and not once mencioned the vse of any rites or ceremonies in saying and vsing the Mattens Evensong celebration of the Lords Supper and administration of each of the Sacramentes So that vnlesse such rites and ceremonies as be mentioned in the book of K. Edw. the sixth be respectively part of the order forme of saying vsing Mattens Euensong celebration of the Lords Supper and administration of each of the Sacramentes c. it can not bee denied but that rites and ceremonies mencioned in that book are secluded out and not comprised within this branch and therefore not commanded by this branch to be vsed The 2. branch of the body of this statute followeth in these words And that if any maner Parson Vicare or other what soever minister that ought or should sing or say common prayer mencioned in the said booke or minister the Sacramentes c. refuse to vse the said common prayers or to minister the Sacramentes c. as hee should vse to Minister the same in such order and forme as they be mencioned and set forth in the said booke or shall wilfully standing in the same vse any other rite ceremonie order forme or maner of celebrating of the Lordes Supper openly or privily or Mattens Evensong administration of the Sacramentes or other open prayers then is mentioned and set foorth in the said booke c. or shall preach declare or speake any thing in the derogation or depraving of the said booke c. shal be therof lawfully convicted according to the lawes of this Realme c. shall loose and forfeite to the Queenes Highnes c. for his first offence the profite of all his spirituall benefices and promotions comming and arising in one whole yeare next after his conviction And also that the Parson so convicted shall for
the same offence suffer imprisonment for the space of sixe monethes without bayle or mainprise Now by the letter of this branch it can not be denied but that foure severall kindes of offences mencioned in the same by what soever minister they shal be committed are every of them punishable alike by one and the self same maner of peyne notwithstanding the offences seeme to be of divers natures One consisting in the refusall of the vse of common prayer an other in the refusall of the administration of the Sacramentes in such order and forme as they be mencioned and set foorth in the said booke A third vpon a wilfull and obstinate standing in the same in vsing some other rite or ceremonie then is mencioned and set foorth in the said booke And a fourth in speaking against or depraving the booke or any part thereof As for the which speaking against or depraving the booke the letter of the Statute seemeth to bee so playne as that no maner scruple can be moved what the minde intendement of the Parliament was about the speakers against or depravers thereof But touching the offence of a Ministers refusing to vse the said cōmon prayers and of his refusing to minister the Sacramentes in such order and forme as they be mencioned set forth in the said booke and wilfully obstinately standing in the same of his vsing any other rite or ceremonie then is mencioned c. these Queres following reallie and properly arise from the letter of the foresaide two former branches For seeing there is no mention at all made of rites and ceremonies in the former branch and seeing also there is no punishment by the second branch mencioned to be inflicted vpon a Minister for the refusall of the vse of rites and ceremonies but onely vpon a wilfull and obstinate standing in the same for the vse of other rites and ceremonies then are mentioned and set foorth in the saide booke it seemeth doubtfull and questionable First Quaere Whether a Minister conscionably refusing to vse some of the rites and ceremonies mencioned and set forth in the saide booke be punishable before the Kings Iustices in maner and forme before expressed vnles wilfully obstinately standing in the same hee shall vse any other rite or ceremonie then is mencioned c. Second Quaere If a Minister that is bound to minister the Sacrament of Batisme doe not refuse to minister the same Sacrament in such order and forme as is mencioned set forth in the said booke but shall in very deed and trueth minister the same Sacrament in such order and forme as is mencioned and set foorth in the said booke whether the same Minister bee punishable before the Kings Iustices in maner and forme before expressed for not making a crosse or not signing the childe in the forehead with a crosse after the sacrament of Baptisme is fully and perfectly ministred For so this sacrament bee ministred in such order and forme and with such rites and ceremonies preceeding baptisme as be mencioned in the said booke and none other rite or ceremony with wilful obstinacie be vsed in the ministration of Baptisme it seemeth cleere by the letter and sense of the Statute that the Minister is not punishable before the Kings Iustices by the peyne of imprisonment c. for omission of the crosse after baptisme For this fact of not crossing after baptisme not being within the letter of the Statute it is absurd to say that the same fact should be punishable by the law when as the same fact is not within but without the compasse scope and letter of the law That this omission of crossing is an omission after the ministration of Baptisme and not an omission of the order forme mencioned to bee in the ministration of Baptisme is made cleere vnto vs by the decree of all the Lordes spirituall and Clergie by the Kings confirmation vnder the great seale of England by the opinion of some great Lawyers Iudges published in open seates of Iustice For this hath ben decreed confirmed and published that the making of a crosse and signing the childe in the forehead with a crosse is no parte of the sacrament of Baptisme and that baptisme is fully and perfectlie ministred without these rites and ceremonies This case then of the omission of the crosse after baptisme being most cleere by such a cloud of witnesses that the same is not an omission of that order and forme appointed to be in the ministration of Baptisme it seemeth to be a thing most cleere that a minister by the letter of the Statute is no more punishable before the Kings Iustices for omission of the Crosse after Baptisme then is any person by the letter of the Statute of Queene Mary punishable by the Kings Iustices for maliciouslie or contemptuously molesting letting vexing or troubling or by any other vnlawful wayes or meanes disquieting or misvsing any Preacher not in but after his sermon preaching or collation Third Quaere Whether a Minister that ought or should say common prayer in any parish Church bee punishable before the Kings Iustices in maner and forme before expressed if he shall not refuse to vse all but shall vse some of the said common prayers in such order and forme as they be mencioned and set forth in the said booke For it is not said in this clause if he refuse to vse all or any of the said prayers but it is saide if the Minister that ought to singe or say common prayer mencioned in the same booke refuse to vse the said common prayers c. If then he observe the order and forme of the booke by saying some of the prayers in that order and forme as they bee mencioned in the booke though hee say not all and singuler the prayers it seemeth by the letter of the statute that he is not punishable before the Kings Iustices Indeed if the booke had appointed but two prayers onely as it hath appointed but two Sacraments only and the Minister in this case should haue refused to say one prayer and only have said the other prayer in this case it seemeth to be without all controversie that hee should have violated the law because the letter of the law sayth if he shall refuse to vse the said common prayers which word prayers being of the plurall nomber must conteyne two prayers at the least Fourth Quaere Whether a Minister that ought or should vse the rites and ceremonies mencioned in the said booke of common prayer be punishable before the Kings Iustices in maner forme before expressed if he shall not refuse to vse all but shall vse some of the said rites and ceremonies in such order forme as they be mencioned and set forth in the said booke For it is not enacted that the Minister shall vse all and every the said rites ceremonies or if he shall refuse to vse any of the saide rites and ceremonies but it is said
or shall wilfully and obstinately standing in the same vse any other rite ceremonie order forme or maner c. By which Letter of the Statute it seemeth that the Minister is none otherwise punishable before the Kings Iustices vnlesse wilfully and obstinately standing in the same hee shall vse some other rite ceremonie order forme or maner of celebrating the Lords Supper then is mencioned c. And vpon this clause as hath bene heretofore generally conceaved certaine inditements exactly framed even by some Iustices of assises sitting vpon the bench against certaine Ministers for the not observation of the booke before other of the Queenes Iustices haue ben traversed and avoyded as being in this point erroneous and not agreeable to the intendement of the statute Yea and it hath bene the opinion of some great Lawyers who have bene since Iudges that it is almost impossible to frame an indightement against a Minister for the breach of the first parte of the former clause of the statute which is not traversable and avoydable Fift Quaere If a Minister bound to say common prayer in any parish church shall not refuse to vse but indeed shall vse the said common prayers in such order and forme as they bee mencioned in the said booke whether he be punishable before the Kings Iustices in maner and forme before expressed if he refuse to say any part chapter or section of the said booke which part chapter of section conteyneth no prayer For howsoever the whole booke be authorised yet the peyne seemeth in this case to have bene inflicted only for the omission of prayer and not for the omission of every part chapter or section of the booke Besides these questions and their reasons there bee other reasons to induce vs to be of opinion that a Minister before the Kings Iustices is not punishable in maner and forme above expressed for his refusing to vse all and every prayer and prayers rite and rites ceremonie and ceremonies section and sections in such order and forme as they bee mencioned and set forth in the said booke In the preface to the booke it is confessed that nothing can almost so plainly be set forth but that doubts may arise in the vse and practising of the same and therefore for the appeasing of all such diversiâ—ie and for the resolution of all doubts concerning the maner how to vnderstand doe and execute the things conteyned in the booke it is provided that the parties that so doubt or diversly take any thing shalresort to the Bishop of the Diocesse who by his discretion shall take order for the quieting and appeasing of the same so that the same order be not contrarie to any thing contained in the said booke And in the two last clauses of the preface it is said that all Priestes and Deacons shall be bound to say daylie the morning evening prayer either privately or openly except they be lett by preaching studying of Divinitie or by some other vrgent cause And that the Curate that ministreth in any parish Church or Chappell being at home and not otherwise reasonably lett shall say the same in the parish Church or Chappell where hee ministreth From which places of the preface being part of the booke it is plainly to be gathered that the intent and meaning of the Parliament was not to have the Ministers to be punished before the Kings Iustices in maner and forme before expressed for refusing to vse all and singuler the prayers rites ceremonies and sections in such order forme as they be mencioned in the said booke if either vpon the Ministers doubts rysing in the vse and practise of these things the Bishop by his discretion did not take order for the quieting and appeasing of the same or if the Minister by preaching the word studying of Divinitie or by some other vrgent or reasonable cause were let so to doe And if no Minister in any of the cases before meÌ„cioned be punishable by the Kings Iustices in maner and forme aboue expressed then it is manifest by the provisoes following that the Archbishops and Bishops have no power and authoritie by vertue of this act to inquire and punish the default of any minister in these cases by admonition excommunication sequestration or deprivation And this not onely by the letter of the last provisoe ordeyned for corroboration of the Archbishops Bishopps and other Ordinaries power and authoritie but also by the provisoe next and immediately following that Provisoe is a matter most cleere and vndeniable Provided alwayes and be it enasted c. That all and singular Archbishops and Bishops c. shall have full power and authoritie by vertue of this Act aswell to inquire in their Visitation Synodes c. to take accusations and informations of all and every the thinges above mentioned done committed or perpetrated within the limites of their Jurisdictions c. And to punish the same by admonition excommunication sequestration or deprivation c. If then a Minister shall not doe commit or perpetrate any of the things above mencioned and so not be punishable by the Kings Iustices it followeth that the same minister is not punishable by the Ordinarie And this also by the next Provisoe is more playne by which it is enacted That What soever person offending in the premises shall for his offence first receyne punishment of the Orainarie shall not for the same offence est soones be convicted before the lustices And likewise receyving for the said first offence punishment by the Iustices he shall not for the same offence est soones receyve punishment of the Ordinarle No offence then punishable before the Iustices no offence punishable by the Ordinarie From all which premises it seemeth that the Queene the Lords and Commons never intended to impose such an exact and precise observation of the booke of common prayer vpon the Ministers as that in no place nor at any tyme they should omitt the reading saying or vsing of a chapter a prayer a section a rite or ceremonie vpon peyne of imprisonment c. before the Queenes Iustices or vppon peyne of deprivation before the ordinary And therefore the intent of the Parliament not beeing so much to binde the Minister to such an exact and precise observation as to seclude all orders and formes of prayers ministration of Sacramentes vse of rites and ceremonies not mentioned and set forth in the saide booke it seemeth very vnreasonable and much derogatorie to the authoritie of that Parliament that Archbishoppes and Bishoppes who were all secluded from that Parliament should by their extentions constructions and interpretations as it were invert the playne meaning of the Parliament and that ea qua sunt destinata in vnum sinem should by them bee converted to an other end But now if the Archbishops and Bishops at the abandoning of the Popes power out of the Realme have as we confesse they had an ordinarie iurisdiction by the statutes of the Realme reserved to their
Archâ—episcopall and Episcopall seas shall therevpon thinke that lawfully by their ordinary iurisdiction onely without regard of any Authoritie graunted vnto them by the statute they may proceed ex officio to punish these defaultes then we pray their Lordships to resolve vs by what law besides this statute they may so proceed First this booke before 5. and 6. of Edward the sixth was never alive and being once dead by the statute of Queene Mary was but restored to life by the Queenes statute of Reviver Before this statute theÌ„ was revived these offences were no offences for where no lawe was there could be no offence Besides we have some reason to conceave thus well of the Ordinaries that they should be more prudent discreete then to iustifie their criminall processe ex officio by a plenarie power or a soveraigne pleasure And to say that ex officio by vertue of the popish canon Law they may lawfully proceed to suspension excommunication or deprivatioÌ„ of any Minister of the Gospell for the not observation of the booke of common prayer we assure our selves that so to say were to say amisse yea and more then ever they will be able to proove First the whole forme order of common service administration of Sacramentes vse of rites and ceremonies as they be mencioned and set forth in the booke of common prayer by all the groundes rules of that popish law is adiudged to be erroneous scismaticall and hereticall And therefore the refusing to vse the same booke or any parte thereof is so farre from being punishable by the same law as by the same law it is a matter worthy of high prayse and commendation for a Minister to refuse to vse it Againe what a vaine part were it for an ordinarie to plead the popish canon law for the validitie of his proceding ex officio when as the whole body and every title chapter and versicle of the same law at the petition and submission of the Clergie hath long since bene for ever adnulled made voide and of no value by an act of Parliament In regard whereof and in regard also that every ordinaries processe ex officio may be aswell iustifiable in respect of him selfe as aequall toward the Kings subiects it much every way importeth him that his proceedings ex officio be tempered hereafter with better morter and grounded vpon a surer foundation then be the maximes principles of that law Namely it behooveth that they bee founded and established vpon the Kings either ecclesiasticall or temporall lawes and statutes of which sorte of the Kings lawes we may bouldly and honestly say that the Popish and foraine canon law is none which saying also of ours we briefly proove thus The Clergie of the Realme aswell for their successors as for themselves having like humble and obedient subiects to the King promised in verbo sacerdotij that they would never from thence forth presume to attempt alleage claime or put in vre or enact promulge or execute any new canons costitutions or ordinances provinciall or other c. It was enacted by authoritie of Parliament according to the said submission and petition of the Clergie that neither they nor any of them from thence forth should presume to attempt alleadge claime or put in vre any constitutions or ordinances Provinciall or Sinodalls or any other canons All canons then by these wordes or any other canons of what sort or degree soever whether domesticall and homebread or strangbread and foraine canons before that time made were once vtterly forbidden to be attempted alleadged claimed or put in vre by which meanes they were once concerning their practise and execution with vs adnulled and made void And therefore so many of them as at that time were not or since that time have not bene revived and reauthorized ought not to be attempted alleadged claymed or put in vre at this day It remaineth then to be discussed what canons constitutions ordinances Provinciall or Synodall or what other canons were at that time or have at any time sithence bene recommanded reestablished vnto which point from the whole scope plaine letter of the statute we answere that only such canons constitutions and ordinances provinciall or Synodall may be attempted alleadged claimed and put in vre as were made before that time by the Clergie within the Realm were not contrariant nor repugnant to the lawes statuts and customes of the Realme nor to the domage or hurt of the Kings prerogative Royall And that therefore all canons decrees decretall sextes clementines extravagants and all other whatsoever constitutions and ordinances Papall being strangers and aliens from the common wealth of England and not begotten by the Clergie within the Realme are forbidden at this day to be attempted alleadged claimed or put in vre The reasons of which our answere drawne from the letter of the statute be these The Parliament having enacted as before is mencioned did neverthelesse according to an other branch of the petition of the Clergie not only give to the King 32. persons by him to be nominated c. power and authoritie to viewe search and examine the said constitutions and ordinances Provinciall and Synodall before that time made by the Clergie of this Realme but also enacted that such of them as the Kings highnes and the said 32. persons should deeme adiudge worthy to be continued and kept should be from thence forth kept obeyed and executed within this Realme All canons then made before that time without the realme being secluded by the Parliament from the view search and examination of the King and 32. Persons though he and they had deemed and adiudged the said canons to have bene continued kept and obeyed yet notwithstanding the same Canons ought not to have bene kept obeyed and executed For only such canons by the King and 32. Persons ought to have ben deemed adiudged worthie to be continued kept for the continuance and keeping wherof power authoritie by Parliament was given to the King and 32. Persons But such canons constitutions and ordinances Provinciall or Sinodall only and not Papall were committed c. Therefore Papall being once disclaymed and disauthorised by Parliament and not againe committed by Parliament to view search and examination were never by intendement of Parliament to bee continewed kept and obeyed within this Realme And this againe most pregnantly is confirmed vnto vs by the last provisoe of this act the wordes whereof are these Provided also that such canons constitutions ordinances and Synodalls Provinciall being already made which be not contrariant or repugnant to the lawes statutes and customes of the Realme nor to the domage or hurt of the Kings prerogative Royall shall now still be vsed and executed as they were before the making of this act till such time as they be viewed searched or otherwise ordered and determined by the said 32. persons or the more part of them according to the tenor and effect
soever they should have grounds and causes so to doe Mary since when as the Discipline and governement provinciall diocesan ministred and exercised by the late Archbishop deceased and his Suffraganes was diversly handled disputed and controverted not to be agreeable but repugnant to the holy Scriptures necessarie also for the repressing of vice the increase of faith and Christian religion to be changed they herevpon iustly fearing that the most vertuous Christian Queene deceased vpon sundry cōplaints made in open Parliament against their many vniust greevances would have reformed the same their maner of governement they then presently vpon new advise and consulation taken boldly and constantly avouched the same their governement to have bene from the Apostles times and agreeable to the holy scriptures and therefore also perpetuall and still to be vsed in no case to be altered by any king or Potentate whatsoever By meanes of which this their enclyning to the popish opinion and holding their Iurisdictiō to bee de iure divino professedly mainteyning in the Homilie wherevnto also subscription is vrged that the King and all the Nobilitie ought to be subiect to excommunication there is now at length growne such a mayne position of having a perpetuall Diocesan and Provinciall governement in the church that rather then their Hierarchie should stoope they would cause the Kings Supremacie which he hath over their said Iurisdiction to fall downe to the ground In so much as by their supposition the King hath no authoritie no not by his supreame power to alter their sayd governement at all And to this end and purpose as it seemeth in their late canons have they devised and decreed this booke of ordination to be subscribed vnto Which subscription can not but quite and cleane overthrow the Kings supremacie and auncient iurisdiction in the most dangerous degree For if their Provinciall and Diocesan orders and degrees of Ministerie together with their iurisdiction be to bee vsed as established and derived vnto them by the holy scriptures how then can it be in the power and iurisdiction of the King to graunt or not to graunt the vse of Provinciall and Diocesan Bishopisme and iurisdiction Or how may the provinciall Bishops with their Diocesan Suffraganes be called the kings ecclesiasticall officers if their iurisdictions be not derived vnto them from the king For if they be called Gods Bishops or Bishops of Gods making how then may they anie more be called the kings Bishops or Bishops of the kings presenting nominating and confirming Nay besides who then can alter them who can restreyne them who can revoke or recall their power and iurisdiction who can resist them or what king of England may pluck his neck from vnder their yoke Nay how should the kings Supremacie as by the ancient Lawes of the Realme it ought remayne inviolable when his Royall person whole Nobilitie and Realme is subiect and lyable to the censure of the canon Law excommunication Which law the Provinciall and Diocesan Bishops to this day in right and by vertue of their Provinciall and Diocesan iurisdiction and none otherwise do stil vse practise and put in execution Besides if Bishops Provinciall and Diocesan as they be described in that book be commanded in the Scriptures and were in vse ever since the Apostles times then ought they to be in the Church of England though the King and his law never allowed nor approved of them But to hold this opinion as it will vphold the Popes supremacie because the generall reasons which vphold a Provinciall Bishop will vphold a Pope so will it once againe not only impeach the Kings supremacie but also be repugnant to the lawes and customes of the Realm By which supremacie lawes and customes only the provinciall diocesan Bishops have bene hitherto vpheld For seing the lawes and customes of the Realme doe make the Kings nomination presentation and confirmation the very essence and being of a Provinciall Diocesan Bishop with vs So that these offices ought to be held only from the authoritie gift and graunt of the King how ought not the kings nomination presentation authoritie and gift yea and the law it self in this case wholy cease if the order degree ministerie and iurisdiction of a provinciall and diocesan Bishop be founded in holy Scripture Vnlesse we shall affirme that that was in the Apostles times which was not or that that is to be found in holy Scripture which is not Namely that there were in the Apostles times and that there be in the holy Scriptures no Bishops but provinciall and dioceasan Bishops to bee found And that by the law of God and the Gospell every King and Potentate hath supreme power to suffer none but Provinciall Diosan Bishops to be in the Churches So that by subscription to allow that provinciall and Diocesan Bishops be Scripturely Bishops and that their iurisdiction and power is a Scripturely iurisdiction and power is to deny that their iurisdiction and power dependeth vpon the kings iurisdiction and power or that by the kings gift and authoritie they be made Bishops But how doeth subscription you will say to the booke of ordination approve the orders and degrees of provinciall diocesan Bishops to be by Divine right rather then by humane ordinance How Why thus it is evident saith the preface of that booke to all men diligently reading holy Scripture and ancient Authors that from the Apostles times there have bene these orders of Ministers in Christes Church Bishops Priests and Deacons Yea and by the whole order of prayer and of Scripture read vsed in the forme of consecrating of an Archbishop or Bishop it is apparant that the order of an Archbishop or Bishop consecrated by that booke is reputed taken to be of Divine institution And therfore seing the names of those orders of Ministers must necessarily be taken and vnderstood of such orders of Ministers as be sett forth and described in the body of that booke it must needes be intended that the Ministers by their subscription should approve the orders of Ministers mencioned in that booke to be of Divine institution and consequently that provinciall and diocesan Ministers or Bishops have not their essence and being from the nomination gift authoritie of the King Besides if we should vnderstand by the word Bishop him that hath the Ministrie of the word and Sacraments as the Pastor teacher and by the word Priest the Presbiter that is the Governing elder and by the word Deacon the provider for the poore then for the Ministers to subscribe to the booke of ordination would no way iustifie those officers or degrees of Ministers which are described in that booke but would indeed vtterly subvert and overthrow them Because the orders and degrees of a provincial diocesan Bishop of a Priest and Deacon mentioned in that booke be of a farr differing nature from those orders and degrees of Ministers which are mencioned
in the Scriptures because they only agree in name and not in nature Wherfore seeing there be other orders and degrees of Bishops then Provincial Diocesan Bishops found in the holy Scriptures seeing also Kings and Princes being Vicarij Dei be commanded to authorise all things for the trueth and nothing against the trueth it seemeth necessarie that his Maiestie should not only restrayne the Provinciall and Diocesan Bishops from vrging subscription to this booke of ordination being so derogatory in their sence and construction to his supremacie as nothing can be more but also to keepe the Bishops them selves within the tether and compasse of the word of God For if the word of God doe approve amongst the Ministers of the Word and Sacraments a primacie of order only denyeth vnto them any primacie of iurisdiction and power in ecclesiasticall governement as the learned Protestants have proved against the Papists touching Peters supremacie then will it follow that ours also ought to bee reduced to the same compasse both for the Kings Maiesties safetie and the Churches good Least Princes giving them more then God alloweth them they shoud them selves loose that right and authoritie which they ought to reteyne in their owne Royall persons Now that it may not be obiected that we begge the question of Scripturely Bishops not having any primacie of iurisdiction power in ecclesiasticall government to let passe all particuler reasons of the Protestants against the Papists in this point it shall suffice in this place to produce for witnesses six forty Iurors against whoÌ„ no chalendge or exception can be taken Namely the said Thomas Crammer Archbishop of Canterburie Edward Archbishop of Yorke Iohn Bishop of London Cuthhert Dunèlmem Steven Winton Robert Cariolen Iohn Exon Iohn Lincoln Rowl and Coven Lichfield Thomas Elien Nicholas Sarum Iohn Banger Edward Herefordien Hugh Wigornen Iohn Roffen Richard Cicestren William Norwicen William Meneven Robert Assaven Robert Landaven Richard Wolman Archdeacon of Sudbur William Knight Archdeacon of Richmond Iohn Bell Archdeacon of Gloster Edmond Boner Archdeacon of Lecester William Skipp Archdeacon of Dorset Nicholas Heeth Archdeacon of Stafford Cuthbert Marshall Archdeacon of Notingham and Richard Curren Archdeacon of Oxford Together with William Cliff Galfrid Downes Robert Oking Radulf Bradford Richard Smith Simon Mathew John Fryn William Lukemaster William May Nicholas Wotton Richard Cox Iohn Edmonds Thomas Robertson Iohn Baker Thomas Baret Iohn Hase and Iohn Tyson Sacrae Theologiae iuris ecclesiastici civilis Professores All which Archbishops Bishops Archdeacons and Prelates having with one voyce and accord shewed vnto King Henry the eight that divers good Fathers Bishops of Rome did greatly reprove and abhorre as a thing cleane coÌ„trarie to the Gospell the Decrees of the church that any Bishop of Rome or elswhere should presume vsurpe or take vpon him the tytle and name of the vniversall Bishop or of the head of all Priestes or of the highest Priest or any such like tytle proceede further and in the end conclude and give vp their verdict thus For confirmation whereof it is out of all doubt that there is no mencion made neither in scripture neither in the writings of any authenticall Doctour or Authour of the Church being within the tyme of the Apostles That Christ did ever make or institute any distinction or difference to be in the preeminence of power order or iurisdiction betweene the Aposties them selves or betweene the Bishops them selves but that they were all aequall in power order authoritie and iurisdiction And that there is now and sith the tyme of the Apostles any such diverâ—â—tie or difference among the Bishops it was devised by the ancient Fathers c. For the said Fathers considering the great and infinite multitude of Christian men and taking examples of the ould Testament thought it expedient to make an order of degrees to be among Bishops and spirituall governours of the Church and so ordeyned some to be Paâ—riarkes some to be Primates some to be Metropolitanes some to be Archpishops some to be Bishops c. Which differences the said holy Fathers thought necessarie to enact and establish by their Decrees and constitutions not for that any such differences were prescribed and established in the Gospell or mencioned in any Canonicall writings of the Apostles or testified by any ecclesiasticall Writer within the Apostles tyme. And thus farre their verdict But let vs graunt that orders of Bishops Priestes and Deacons bee conteyned in the holy scriptures yet if those orders of Bishops Priests and Deacons which are established in the booke be not the same orders of Bishops Priestes Deacons which are authorised by the scriptures then through the aequivocation of these wordes Orders of Bishops Priestes and Deacons there being afalacie how should this forme and maner of subscription be lawfull viz. that the booke coÌ„teyneth nothing contrarie to the word of God that it lawfully may be vsed For only such orders of Bishops Priestes and Deacons ought to be acknowledged subscribed vnto vsed as by the holy scriptures are warranted And therefore such as are conteyned in the booke if so be they be divers froÌ„ those which are approved in the holy scriptures how should they without sinne be subscribed vnto and vsed Vnlesse we shall affirme that Ministers of the Gospell of God may rightfully approove of such orders of Ministers as the Lord and Law giver of the Gospell never allowed ne approoved And thus much have we spoken touching not subscription touching the not exact vse of the order and forme of the booke of common prayer and touchinge the not precise practise and wearing of the rites ceremonies and ornaments of the church Wherein if we have spoken otherwise then as for our speaking wee have warrant from the Kings lawes our earnest desire is that it may be shewed vnto vs wherein we haue erred For if there be any thing whereof we be ignorant we shal be willing to be taught the same and having learned it to yeald to the practise thereof In the meane time seing not to weare a Surplice in the ministration of Divine service not to make a crosse in Baptisme not to subscribe c. in it selfe is not a sinne against any commandement of God nor a thing scandalous vnto the people And seeing also the Parsons who refuse to weare and vse the same be in every respect men of good note condition fame qualitie and behaviour yea such as against whom no misdemeanor for doctrine or life which might aggravate their offence can iustly be obiected we may lawfully as we thinke conclude in their behalf that de aequitate misericordia iuris they ought to be respected and tolerated rather then for their refusall meerely standing vpon their consciences whether erroneous or not erroneous it skilleth not de rigore iuris if there be any such rigour to be suspended excommunicated or deprived yea and in so generall and doubtfull a case
my Lord of W if he were demanded answere that a Christian Magistrates sword is committed vnto him rather for quieting then for troubling for healing then for wounding of the weake consciences of his Christian subiects For in that that Princes and subiects meeting in the communion of Saints be therein brethren how should the person of a Christian Magistrate though in excellencie hâ— fâ—rr surmount the persons of all his subiects alter the nature of a Christian trueth in a Christian communitie And if it be a trueth in christian communitie that Christian brethren ought not to trouble the weake mindes of their Christian brethren in things indifferent doeth not a christian Magistrate sinne if he obey not this trueth but to let this passe where you demand whether M. Bilson speake in the person of a Magistrate or in the person of a brother I referre it to the iudgment of all men whether in that place of his booke his wordes immediatly going before and following after doe not as directly touch the Magistrates office as by any possible meanes they may For he in that place mainteyning the Magistrats authorite touching his lawfull requiring of an oth vnto the supremacie both for coacting and correcting such as deny the lawfulnes of the same And for this purpose having cited the desperatenes of the Donatists who slew themselves rather then they would be forced to forgoe their fancies in the end saith thus How beit we grant that he w th woundeth a weak coÌ„science sinneth against Christ Whervpon also againe follow these words a litle after we may not for things indifferent trouble the Weake mindes of our brethren A Christian Magistrate then for of a christian Magistrate he speaketh sinneth against Christ if he trouble the weake mindes of his Christian brethren or wound their weake consciences for things indifferent And so this reply might suffice also vnto that exception made touching the rule and canon of the Archbishops and Bishops before rehearsed had not them selves in expresse termes more fully cleared this point For they make no maner difference or distinction betwene the preceptes and ordinances of Priestes and Bishops rightfully made by authoritie of their iurisdiction whether they be confirmed or not coÌ„firmed by the people or christian Magistrate But they affirme directly the same precepts and ordinances being once receyved by the common consent of the people and authorised by the lawes of Christian Princes that no other obedience is required to them but that men may lawfully omitt or doe otherwise then as is prescribed by the said Lawes and commandements of the Priests and Bishops so that they doe it not in contempt or despite of the said power and iurisdiction Yea moreover say they although men ought to repute think that all the said ends and intents be also very good expedient necessary aswell for a common order and tranquilitie to be had among the people as also for the better instruction inducement of the people vnto the observation of these things wherein consisteth indeed that spirituall iustice that spirituall honor and service which God requireth of vs yet surely men may not esteeme them bus as things indifferent and of no such necessitie but that men may vpon causes reasonable well omit and leave the same vndone so that it be not in case of contempt sclander And vnto these cases especially at this time above all times speciall regard is to be had even by the Provinciall or Ecclesiasticall law it selfe for seeing in every Diocesse there be not a few of the principall Pastours alleadging the holy Scriptures for the ground of their vpright consciences that refuse not vpon will but vpon conscience not vpon contempt or despite of the power of Bishops but vpon reasonable cause and without offence or slandering of their neighbours to subscribe and vse the ceremonies it is plaine by the same ecclesiastical law that they ought to be respected and tolerated Propter multitudinem vtique seueritâ—ti detrahitur supersedendum ergo correctioni vbi pacis perturbatio timetur Item vt scandalum vitetur lustos homines aliquando simulare oportet ob suam aliorum salutem vt scilicet grauiora vitentur Hoc ergo casu faciet quilibet Praelatus pro salute hominum quod iustè potest nec vltra existimet se habere quod faciat ne ad instar imperiti medici vno collirio omnium oculos curare conetur And vnto this also agreeth that which is alleadged by Panormitane in a case of the substraction of the fruits of an Ecclesiasticall benefice from a Clarke who by reason of sicknes and infirmitie is vnable to discharge his cure Quilibet clericus saith he dicitur miles Dei militat in Ecclesia And therefore he concludeth that Clerici non debent terreri nec inhumaniter tractari ne cum alij exemple huiâ—smodi essent deterriti inueniri forte non posset qui vellet clericatui inseruire ecclesiae militare hoc enim videtur turbare statum ecclesiasticum nedum praesentem sed etiam suturum And further saith he Potest adduei haec ratio multum notabilis in argumentum quod clericus non debet priuari beneficio suo sinc causa etiam per Romanum pontificem nam existente infirmitate sic impotentia seruiendi cum non subtrahi debeat beneficiam ne ex hoc turbetur status Ecclesiae ergo multo fortius vbi nulla subest causa rationabilis But in the case of refusing to subscribe or for the not vsing the rites ceremonies and ornaments for conscience there is no reasonable cause of deprivation therefore c. Furthermore if the canon had decreed that a Minister refusing to subscribe should bee punished by ecclesiasticall censure in this case the peyne of deprivation ought not to be inflicted because by this clause Ecclesiasticall censure is vnderstood interdiction suspention aâ—d excommunication which bee poenae multum fauorabiles in animarum remedium inductae and doeth not comprehend deposition deprivation or degradation quia illae poenae sunt multum odiosae Lastly were it so that the Synod had indeed decreed that a Minister for refusall to subscribe should be deprived from his ecclesiastical benefice were it so likewise that a Minister should indeed refuse not vpon conscience but vpon a selfe will dolo mâ—lo to subscribe in this case I answere that the Minister can not lawfully for this offence by this provinciall canon be deprived The reason is this Beneficia ecclesiastica secunduÌ„ antiquam ordinationem sunt perpetus habent fundationem â— lure communi which ancient ordinances being agreeable to the common law of the Realme confirmed by the high Court of Parliament can never be disanulled by the Synode Quia non potest inferior disponere nec contra ius commune nec contra legem superioris maximè in praeindicium tertij Considerations for the not exact and precise vse of the Booke of