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A17925 Certaine considerations drawne from the canons of the last Sinod, and other the Kings ecclesiasticall and statue law ad informandum animum Domini Episcopi Wigornensis, seu alterius cuiusuis iudicis ecclesiastici, ne temere & inconsulto prosiliant ad depriuationem ministrorum Ecclesiæ: 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. Babington, Gervase, 1550-1610. 1605 (1605) STC 4585; ESTC S120971 54,648 69

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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 Ieho●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
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
must beare his owne burthen and that every man ought by his owne innocencie to purge himselfe bee other mens offences never so great or seeme his owne in his owne eyes never so small But we have therefore balanced the toleration of scandalous and vnlearned ministers with the molestation of learned and godly Ministers to the end your Lordshippes vnderstanding the number of sinnes and impieties every where daily abounding by the multitude of the former and the scarcitie of godlines in every place to be seene by the pa●citie of the later your Lordshippes by your wisedomes might foresee and by your authorities prevent that pestilent contagion of ignorance of Gods revealed will which by this preposterous sufferance of the one violent progresse against the other is ready to infect the whole Church and by consequence to lay wast the common weale as a pray to the popish faction For is there not by this me●nes a way prepared and made ready for the greatest part of the people to revolt from the Gospell to poperie and so from their naturall and Christian Lord and King to a forein antichristian Pope For let the booke of God be once sealed vp from the people in English as in time of poperie it was sealed vp vnto our fathers in Latine and let the people by example of the wicked scandalous life of Ministers be drawne along in their owne naturall corruption who will not be ready to assist every Iesuite Seminarie whē he shal preach poperie the very mistris and mother of all corruption rebellion The wearing of a whit Surplice and the feyned making of an ayrie crosse in Baptisme how litle the popish faction by the same wil be quieted and kept in awe the late outragious starting out in Wales and their madd combynings in other places may be a good caveat for your Lordshippes to consider whether their driftes bee not rather to enterprise a more publike disturbance then to continew them selves within the listes of that obedience wherevnto they were constreyned in the raigne of our late Soveraigne of blessed memorie Queene Elizabeth Your Lordships therefore could not but performe a most acceptable service first vnto God and his Church secondly vnto the King his Realme if your Lordships would be pleased to bee petitioners vnto his Maiestie that by his Regale and Supreame power there might bee an healing of the former errour and vncharitablenes of the Diocesans and other ordinaries For it can not be denied but that by their manner of proceedings they haue sinned against God in this that they have aequaled nay rather in some things preferred their owne Canons Decrees before the commaundement of God And therfore it cannot be but that they have herein as much as in them lay provoked the wrath of God against the King and his whole Realme if by the Kings zeale this their so grosse a sinne be not reformed My Lordes we are well advised what we speake herein before your Lordships for we speake nothing but what we prove thus Whosoever for not wearing a Surplice or for not crossing in Baptisme suspendeth or depriveth a Preaching Minister otherwise vnreproveable for life and doctrine and not suspendeth nor depriveth but tolerateth an vnpreaching minister scandalous in life ignorant of doctrine the same person preferreth in this thing the observation of his owne Canon and Decree before the commandement of God But some Diocesans and ordinaries for not wearing a surplice for not making a crosse in Baptisme do suspend and deprive preaching Ministers otherwise vnreprovable for life and doctrine and yet doe neither suspend nor deprive but tolerate vnpreaching ministers scandalous in life and ignorant of doctrine Therefore some Diocesans and Ordinaries in this thing preferre the observation of their owne canons and decrees before the commandement of God We could heape argument vpon argument vnanswerable to this purpose but we should then passe the boundes of an epistle and become over tedious vnto your Lordshippes Only therefore we most humbly beseech your Lordships in the behalfe of the faithful Ministers of Christ with patience to heare thus much viz. that for their dissenting in matter of ceremonie from the Diocesans they ought no more by the Diocesans to be traduced for factious sectaries or seditious scismatickes then the Diocesans them selves ought to be traduced for such maner persons by their owne dissenting from the Cardinals and Popes of Rome For there being as litle difference betweene a sect and a scisme as there is betwene a besome a broome there being also as smal oddes betweene faction and sedition as betweene an edifice and a building it followeth the Ministers dissenting from the Diocesans of England or the same Diocesans dissenting from the Cardinalls and Popes of Rome if neither of them be seditious scismatickes that neither of them can be factious sectaries When Paule was accused by Tertullus that he was found a pestilent fellow and a moover of sedition among all the Iewes thorough all the world the Apostle answered that they neither found him in the temple disputing with any man neither making vproare among the people neither in the Synagogues nor in the Citie Art not thou saith the chief Captaine speaking to Paule the Egyptian who before these dayes raysed a sedition and led out into the wildernes foure thousand men that were murtherers By which places it appeareth that a seditious or factious person by the holy scriptures is adiudged to be such a kind of person as who boasting himselfe rayseth leadeth or draweth away much people after him and vnto whom much people resort and obey yea and by the civile law not every one that omitteth some duetie commanded but such a one as gathereth people together or stirreth thē to make a tumult and shall drawe him selfe and his followers to some place of safetie to defende him selfe and them against an evident commandement and publike discipline only such a man I say by the civile lawe is to be punished as a seditious factious person For these kind of mē only are properly said seorsum ire partes facere Seditio then being quasi seorsum itio and faction quasi partium factio yea a sect also being sic dicta quia fit quasi sectio vel divisio and a scisme being illicita divisio per inobedientiam ab vnitate Ecclesiae facta vel illicita di●cessio eorum inter quos vnitas esse debet it followeth that whosoever by inobedience or tumultuouslie goeth not a part or maketh not a part from the vnitie of the Church but either in doing or suffering quietly submitteth him self to the lawes that he can neither be factious sectarie nor seditious scismaticke And indeed my Lords from hence is it that the Diocesans and whole Clergie of England ever since they made a separation from the vnitie of the Church of Rome have falslie bene named and reputed sectaries scismatickes as though they