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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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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
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 Su●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 vs● 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 collusiō 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 th● 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 1● 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 secōd 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
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 w●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 boūd 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 gottē the said book semeth to be manifest vpō these cōsiderations 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 correctiō of the forme of the Letany and two sentences only added in the delivery of the Sacrament to the cōmunicants and none other or otherwise But in the booke attayned and gotten by the said parishioners ther● 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 dispositiō 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 cōclusion 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 intēd 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 Parliamēt 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 th●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 w● 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 cōmon 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 bo●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
of conscience vpon so slender a ground of periury or contempt vpon persons every way so peaceable well qualified and wherein no scandall hath ensued we suppose it can not bee shewed among all the decrees and sentences recorded among all the Popish canonists that ever any Popish ordinaries in any age have vsed the like iudiciall rigour against any their Popish Priests It is to be noted that the foraine canon Law is none otherwise in any part of this Treatise intended to be the Kings Ecclesiasticall law then only vpon a false supposition of the Archbishops and Bishops Because the same law is yet vsed practised in their Consistories notwithstanding it hath bene long since abolished by Act of Parliament God saue King IAMES Faultes escaped in printing In the Epistle Fol. 2. pag. 1. lin 12. say we for say we Fol. 4 pag. 1. l. à fine 9. efrom for from Fol 6. pag. 1. l. à fine 3. Wincester for Winchester In the Booke Pag. 11. l. à fi 11. appointed for appointeth Pag 11. l à fi 6. appointed for appoonteth Pag. 12. the 8. line is superfluous Pag. 19 l. 7. expcessed for expressed Pag. 22 l à si 10 ad in marg 1. Mar ses 2. 6. 3. Pag. 24. l. 14. fift for fifth Pag. 24. l à fi 11. decretall for Decretalls Pag. 35. l. 11 provincalls for Provincials Pag. 36. in fine in marg diceat for dicent Pag. 37. in marg 25. is to be added to H. 8. c. Pag. 39 l à fi 10 preceptum for praeceptum ibid in mar cc. for c. Pag. 40. in mar casti for cousti contemp for contem Pag. 42. l. vlt he for the. Pag. 43 l. 17. à si enioyning for enioying Pag. 46. l. 8. Ardbishops for Archbishop Pag. 47. in f. in mar Dioceson for Diocesan Pag. 48. l. 12. Dioocasan for Diocesan Cap. 29. Act. 24. Act. 21. 38 Act. 5. 36. 37. Cod. de seditio li. 1. a Glos lind de heret c. 2 verb. sectam b Glos lind de Magis ca. 1. verb. scismatum Isa 22. 11. By whole Clergie wee meane the Archb BB. other learned of the clergie heretofore vsually assembled in convocation by the Kings writ The articles of religion 1562. were agreed vpon in convocation by the whole clergie of the Realm vide 13. Eliz. ca 12. Par in parē nō habet im perium and therefore Yorke not subiect to Canterbury b sf de li. posthu l. cum quidá c ●f de poen l. interpretatione de poe dist l. ●poenae Lyud de celeb miss c. vle verb. animabu● Lind. de cōces●i preb ●●esurientis verb procurantes d mag char cap. 14. Panor in 〈◊〉 querenti de verb. siguif nu 5. e Panor in c. multa de preb nu 10. ca. statut de cle● lib. 6. g Panor c. inquisition de sent excom nu 3. k Panor in cad aures de aeta cual ● Panor in c. per tuas ex iii. nu 3. 4. desimo L. Bald. de nihi●urand l vide Simon de Graph. de casibus conscientiae pa. 359. Exacting the oath 1. Part. 33. The institutiō of a christian mā dedicated to K. H. 8. fol. 57. 58. Answer Reply Fol. 57. 7. Constit o● c. ecclesias ne dig tra● ad sir. glossa ibid verb ●●●ltitudinis 8. Panor in 1. de cler ●grot 〈◊〉 dist faperversū extra de t. aegrot 〈◊〉 totum ●ag chart 〈◊〉 H. 8. c. 〈…〉 ●9 ●liza c. 2 ● 6. The second part of the right vse of the Church Obiection Answere Obiection Answere 2 K. 12. 4. 5 Note that the Lordes only not Lordes spirituall and temporall are mencioned spirituall Lordes therefore were not of this Parliament For by divers statutes when only Lords are mencioned temporall Lordes are included and spiritual Lords excluded Sir Edward Cooke de iure reg eccle fol. 9. The order where morning evening prayer c. fol. 1. Obiection Answere Lind de celebra Missae c. l●●theamina The Bishop by his ordinary iurisdictiō hath no authority to deprive a minister for not wearing a Surplice ff Si quis ius diceat non obte l 1. l 2. si quis in iu● vocat Foraine canō law abolished 25. H 8. c. 19. A Bishop by the forrain canon lawe hath no iurisdiction An ordinarie by the Kings ecclesiastical law cannot impose an arbitrarie peyne for not wearing a Surplice Obiection Answere a Lind. de constitut ec quia incontinentiae verb praecipimus b verb. praecipimus ex de conc praeb c. quia c. vlt. de elect Lind de casti quia verb neglexerit Lind. de sen ten excom verb. contemp glos in verb contempse●it c. 1. de appell li. 6. Luke 1. Answer Reply Cooke de lure regis eccle fol. 8 fol. 53. fol. 55. Do. Sutclif Doct. Bilson 2. part of the right vse of y e Church If Diocesan Bishops bee scripturely Bishops thē may they stand without y ● King Dioceson Bishops hither to vphelde only by the lawes of the Realme fol. 59. 60.