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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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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 cōcerning 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 notwithstāding proper lessons are appointed to be read as vpon holy dayes and these six dayes be the dayes following viz. the day of the cōversion 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 null● 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 cōmon 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 minist●atiō 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
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
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 diversi●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 mēcioned 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
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.