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
●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
,
condition
&
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
,
And
(
most
Honorable
Lords
)
by
so
much
the
more
have
we
presumed
to
tender
vnto
your
Lordships
favorable
examination
,
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
grounds
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
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
,
when
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
,
seorsum
ire
,
&
partes
facere
.
Seditio
then
being
quasi
seorsum
itio
,
and
faction
quasi
partium
factio
,
yea
[
a
](A17925-e440-b)
a
Glos
.
lind.
de
heret
.
c.
2
verb.
sectam
a
sect
also
,
being
sic
dicta
,
quia
fit
quasi
sectio
,
vel
divisio
:
and
a
[
b
](A17925-e460-b)
b
Glos
lind.
de
Magis
ca.
1.
verb.
scismatum
.
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
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
,
efrom
the
vnitie
of
the
daughter●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
demonstrative
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
observation
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
,
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
Wigor●ensis
seu
alterius
cuiusuis
iudicis
ecclesiastici
,
ne
temere
,
&
inconsulto
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
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
,
Besides
,
for
so
much
as
the
Synode
by
the
36.
canon
,
&
other
canons
mentioning
the
vse
of
ornaments
,
rites
and
ceremonies
,
hath
appointed
and
ordeyned
some
certeyne
and
speciall
peynes
,
yea
and
peynes
farre
lesse
then
deprivation
,
for
the
offences
aforesaid
:
herevpon
on
also
it
forcibly
ensueth
,
that
deprivation
for
those
offences
,
by
the
Synod
,
are
cleerlie
secluded
.
Poenalia
sunt
odiosa
:
odia
sunt
[
b
](A17925-e1170-b)
b
sf
.
de
li.
&
posthu
.
l.
cum
quidá
.
restringenda
;
poenae
igitur
[
c
](A17925-e1190-b)
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
.
molliendae
,
potius
quam
exasperondae
.
And
againe●
,
statutum
poenale
non
est●
extendendum
ad
casus
non
expresses
,
sed
strictè
debet
intelligi
sicut
iacet
in
suis
terminis
.
And
therfore
it
is
concluded
that
constitutio
poenalis
,
licet
detur
omnimoda
similitudo
,
&
subsit
●adem
ratio
,
non
tamen
trecipit
extensionem
,
ad
non
expressa
,
quia
talis
extensio
fierit
per
hommem
non
habentem
potestatem
condendi
legem
.
The
peyne
then
by
the
Synod
being
appointed
for
not
subscription
to
be
no
greater
peyne
,
then
not
to
be
suffered
,
to
preach
,
to
catechise
,
or
to
be
a
Lecturer
,
or
Reader
,
&c.
It
followeth
that
the
Synode
adiudged
,
the
peyne
of
deprivation
to
be
too
great
a
peyne
for
the
offence
of
refusall
,
to
subscribe
,
ex
quantitate
poenae
,
cognoscitur
quam
titas
delicti
:
qu●a
poena
de●et
esse
[
d
](A17925-e1270-b)
d
mag.
char.
cap.
14.
Panor
.
in
〈◊〉
,
querenti
de
verb.
siguif
.
nu.
5.
commensurabilis
delicto
.
And
thefore
this
offence
being
adiudged
by
the
peyne
to
bee
but
small
,
the
peyne
can
not
be
extended
to
deprivation
.
Quia
poena
non
debet
excedere
delictum
,
&
beneficium
non
est
auferendum
alicui
etiam
a
Papa
,
sine
magna
&
manifest
a
caus●
.
Nay
were
it
so
that
deprivation
had
bene
mentioned
in
the
canon
as
a
meete
peyne
,
[
e
](A17925-e1320-b)
e
Panor
,
in
c.
multa
de
preb
nu.
10.
ca.
statut.
de
cle●
.
lib.
6.
to
have
bene
inflicted
,
for
the
offence
of
refusall
,
yet
if
vpon
any
wordes
of
the
canon
,
a
doubt
might
have
rysen
,
whether
deprivation
should
follow
or
no
,
in
this
case
,
cum
simus
in
poenalibus
,
verba
capi
debent
,
in
potior●
significatu
,
vt
euitemus
poenam
.
Nay
more
if
by
the
wo●ds
of
the
canon
,
vere
&
propriè
sumpta
,
it
were
without
all
controversie
;
that
deprivation
for
refusal
,
might
be
inflicted
,
neverthelesse
this
peyne
by
the
opinion
of
Baldus
for
this
offence
in
som
case
,
is
not
to
be
inflicted
:
Statuta
poenalia
semper
intelliguntur
(
saith
he
)
habere
inse
clausulam
.
si
delicta
dolo
committantur
.
If
refusall
then
should
be
made
vpon
conscience
,
and
consequently
,
not
per
dolum
:
The
peyne
ceaseth
,
as
a
peyne
by
common
right
,
not
comprised
within
the
canon
;
yea
&
in
this
case
,
the
peyne
ceaseth
though
the
conscience
be
erron●ous
,
contra
legem
conscientiae
,
non
est
obediendum
superiori
,
etium
[
g
](A17925-e1420-b)
g
Panor
c.
inquisition
.
de
sent.
excom.
nu.
3.
Papae
:
duplex
enim
est
lex
.
quaedam
priuata
seu
conscientiae
,
quaedam
publica
:
priuata
est
potentior
publica
:
hinc
dicimus
quod
quae
spiritu
Dei
aguntur
,
non
sunt
sub
lege
[
k
](A17925-e1430-b)
k
Panor
.
in
cad
aures
,
de
aeta
.
&
cual
●
.
publica
.
And
therefore
conscientia
quanquam
erronea
,
&
scrupulosa
sequenda
est
,
And
another
he
saith
,
quod
nemo
debet
grauare
conscient●am
suam
,
sed
salutem
animae
suae
,
praeferre
cuicunque
officio
.
And
an
other
concludeth
,
propter
scandalum
vitandum
potest
de
iure
omitti
obedientia
,
Yea
and
Master
Doctor
Bilson
,
Nay
by
Thomas
Archbishop
of
Canterbury
,
Yea
:
but
did
Ma.
Well
:
but
if
a
Christian
Magistrate
(
notwithstanding
the
dignitie
of
his
person
)
be
a
christian
brother
,
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
h●
f●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
with
woundeth
a
weak
conscience
,
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
confirmed
,
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
,
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
,
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
hui●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
a●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
m●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
secundum
antiquam
ordinationem
sunt
perpetus
,
&
habent
fundationem
●
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
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
parishioners
of
the
said
parish
church
,
have
not
hitherto
attayned
&
gotten
the
said
book
,
semeth
to
be
manifest
vpon
these
considerations
:
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
&
correction
of
the
forme
of
the
Letany
,
and
two
sentences
only
added
,
in
the
delivery
of
the
Sacrament
,
to
the
communicants
,
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
disposition
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
conclusion
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
intend
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
Parliament
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
common
prayer
(
saith
the
Homilie
)
is
rehearsed
and
said
by
the
publicke
Minister
,
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
collusion
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
second
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
,
concerning
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
notwithstanding
,
proper
lessons
are
appointed
to
be
read
,
as
vpon
holy
dayes
:
and
these
six
dayes
be
the
dayes
following
:
viz.
the
day
of
the
conversion
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
common
prayer
,
By
your
leave
,
But
both
bookes
agree
in
many
pointes
,
King
Henrie
the
eight
,
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
,
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
,
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
common
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
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
mencioned
,
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
Arch●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
them
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
deprivation
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
of
this
act
:
Now
by
what
other
words
,
then
by
these
of
this
provisoe
,
could
the
Parliament
more
fully
and
clearly
have
expressed
their
mind
,
that
the
same
,
by
the
tenor
and
effect
of
this
provisoe
intended
for
ever
wholy
to
seclude
all
Papall
and
foraine
canons
,
from
being
vsed
and
executed
within
this
Realme
?
For
at
the
petition
and
submission
of
the
clergie
,
the
Parliament
having
first
enacted
,
that
neither
they
,
nor
any
of
them
from
thencefoorth
,
should
presume
to
attempt
,
alleadge
,
clayme
,
or
put
in
vre
any
constitutions
o●
ordinances
Provincionall
,
or
Synodalles
,
or
any
other
Canons
:
And
againe
,
at
the
petition
and
submission
of
the
Clergie
,
the
same
Parliament
having
committed
to
the
view
,
search
;
examination
and
iudgement
of
the
King
;
and
32.
persons
,
such
Canons
,
constitutions
,
and
ordinances
,
or
the
said
Canons
,
constitutions
,
and
ordinances
provinciall
and
Synodall
,
which
as
thertofore
had
bene
made
by
the
Clergie
of
this
Realme
:
And
lastlie
by
this
proviso
,
the
same
Parliament
having
enacted
,
that
such
Canons
provinciall
,
constitutions
provinciall
,
ordinances
provinciall
,
&
Synodalls
Provinciall
(
for
the
word
Provinciall
by
the
whole
tenor
and
effect
of
this
Act
,
can
not
in
this
place
but
have
reference
to
everie
of
these
wordes
)
shall
still
be
vsed
and
executed
,
&c.
till
such
tyme
as
they
be
viewed
,
searched
,
or
otherwise
ordered
and
determined
by
the
said
two
&
thirtie
persons
,
&c.
Seeing
these
things
(
I
say
)
be
thus
,
First
submitted
,
then
afterwards
committed
,
and
lastly
provided
,
and
not
one
word
,
sillable
,
or
lotter
ayming
at
the
continuance
,
vse
,
keeping
,
or
obedience
of
the
popish
canon
law
,
it
can
not
bee
averred
by
any
,
vnlesse
he
be
too
too
conceited
,
&
opiniative
,
that
the
Canon
law
or
any
part
thereof
,
made
by
the
Pope
without
the
Realme
,
may
lawfully
at
this
day
be
attempted
,
alleadged
,
claymed
,
or
put
in
vre
within
the
Realme
,
by
any
Iudge
Ecclesiasticall
what
soever
:
yea
and
thus
much
also
is
confirmed
by
a
statute
37.
H.
8.
c.
17.
Howsoever
therefore
the
Kings
of
England
,
deryving
their
Ecclesiasticall
Lawes
from
others
,
Ius
ciuile
Romanorum
,
howsoever
I
say
this
be
true
,
nevertheles
herevpon
it
will
not
follow
that
those
Ecclesiasticall
lawes
thus
borrowed
and
derived
from
others
,
may
then
any
more
rightly
and
aptly
be
called
the
Kings
Ecclesiasticall
lawes
of
Englande
,
when
once
by
and
with
a
generall
consent
in
Parliament
,
they
have
bene
disproved
and
disallowed
;
Yea
and
when
also
they
have
bene
vtterly
adnulled
,
and
commanded
never
to
be
put
in
execution
within
the
Realme
of
England
:
From
whence
it
seemeth
to
follow
,
that
whatsoever
subiect
shall
take
vpon
him
,
full
and
plenarie
power
to
deliver
iustice
in
any
cause
to
any
the
Kinges
subiects
,
or
to
punish
any
crime
and
offence
within
the
Kings
Dominions
by
vertue
of
those
lawes
,
once
by
so
absolute
&
high
an
authoritie
disanulled
,
that
the
same
person
denyeth
the
Parliament
,
to
have
full
power
to
allow
and
disalow
lawes
in
all
causes
,
to
all
the
Kinges
subiects
,
and
consequently
,
that
the
high
Court
of
Parliament
,
is
not
a
compleat
Court
for
the
whole
and
intyre
body
of
the
Realme
.
Wherefore
,
albeit
we
graunt
(
as
the
trueth
of
the
Kings
law
is
)
vnto
the
Archbishops
,
Bishops
,
&
other
Ordinaries
,
that
lawfully
they
may
proceede
to
inquire
in
their
visitations
and
Synodes
,
and
els
where
,
to
take
accusations
and
informations
of
all
and
every
thing
and
things
above
mencioned
,
done
,
committed
,
and
perpetrated
within
the
limites
of
their
iurisdictions
and
authoritie
,
and
to
punish
the
same
by
admonition
,
suspension
,
sequestration
,
or
deptivation
,
though
thus
much
had
never
bene
provided
by
the
statute
:
nevertheles
we
desire
to
be
resolved
,
whether
any
minister
ought
to
bee
punished
by
these
,
or
any
other
censures
and
processe
,
before
the
ordinarie
,
for
any
offence
mencioned
in
this
act
,
if
for
the
same
offence
the
same
Minister
,
by
vertue
of
this
act
,
be
not
punishable
before
the
Kings
Iustices
?
And
therefore
for
example
sake
,
put
this
case
,
viz.
That
a
Minister
for
the
not
crossing
of
a
childe
vpon
the
forehead
(
after
baptisme
is
fully
administred
)
be
indighted
before
some
of
the
kings
Iustices
,
and
afterward
vpon
a
traverse
before
some
other
of
the
kings
Iustices
,
the
same
Minister
be
found
to
have
ministred
the
same
sacrament
of
Baptisme
,
in
such
order
and
forme
,
as
in
the
booke
is
prescribed
.
Notwithstanding
the
omission
of
this
ceremonie
,
after
baptisme
,
and
that
vpon
such
a
traverse
,
the
indightment
,
before
the
said
second
Iustices
,
be
found
to
be
vnsufficient
in
law
,
and
the
Minister
by
the
same
Iustices
be
adiudged
not
to
be
in
danger
of
the
penaltie
of
imprisonment
,
&c.
because
his
such
not
crossing
is
no
offence
against
the
law
,
we
demand
(
we
say
)
in
this
case
,
whether
the
same
Minister
,
by
the
Bishops
of
the
Diocesse
,
may
be
suspended
,
or
deprived
from
his
ministerie
,
or
from
his
benefice
for
the
same
his
not
crossing
,
yea
or
no.
Considerations
against
the
deprivation
of
a
Minister
,
for
the
not
vse
of
a
Surplice
in
divine
service
.
IN
the
whole
body
of
the
statute
,
there
is
not
one
syllable
or
letter
,
from
the
which
any
semblance
of
reason
can
be
deduced
,
that
any
Minister
of
the
church
,
for
refusing
to
vse
,
or
for
the
not
vsing
of
any
ornament
appointed
by
the
statute
,
or
by
the
book
to
bee
in
vse
,
should
be
punished
with
the
peyne
of
deprivation
.
For
what
soever
punishment
a
Minister
,
for
the
breach
of
the
Statute
,
may
sustayne
,
by
the
kings
Iustices
,
the
same
is
only
to
be
imposed
for
such
offences
,
as
are
specified
before
the
last
provisoe
of
the
statute
.
Ornamentes
therfore
of
the
church
provided
to
be
reteyned
,
and
to
be
in
vse
,
being
not
conteyned
in
those
premises
,
or
things
mencioned
before
the
second
provisoe
,
concerning
the
Archbishops
and
Bishops
authoritie
,
and
for
refusing
whereof
,
a
Minister
,
by
the
premises
is
punishable
,
it
followeth
(
there
being
no
punishment
for
refusing
the
vse
of
ornaments
in
the
last
provisoe
)
that
the
not
vse
of
ornamentes
,
is
not
punishable
before
the
kings
Iustices
.
And
if
there
be
no
punishment
appointed
to
be
inflicted
before
the
kings
Iustices
for
the
refusing
to
vse
any
ornament
,
them
much
lesse
is
there
any
punishment
to
be
inflicted
for
the
refusall
of
the
vse
of
a
Surplice
.
For
the
Surplice
is
so
farre
from
being
commanded
to
be
worne
,
as
an
ornament
,
in
every
service
of
the
church
,
as
the
same
is
not
so
much
as
once
particularly
mencioned
,
either
in
the
parish
booke
,
or
in
the
statute
.
Nay
by
the
generall
wordes
,
both
of
the
statute
and
the
booke
,
the
Surplice
is
wholy
secluded
from
being
appointed
to
be
an
ornament
of
it selfe
,
in
some
part
of
the
service
of
the
Church
.
For
if
with
the
same
in
some
part
of
the
service
there
be
not
a
Cope
provided
to
bee
worne
,
the
Surplice
may
not
be
worne
.
For
the
better
manifestation
whereof
,
it
is
necessary
that
we
set
downe
the
wordes
of
the
Statute
,
of
the
parish
booke
,
and
of
the
booke
of
the
second
of
K.
Edw.
the
sixth
:
vnto
which
booke
of
king
Edward
,
for
the
vse
of
ornaments
,
the
Ministers
be
referred
,
both
by
the
parish
booke
&
statute
of
1.
Eliza.
c.
2.
the
wordes
of
which
statute
are
these
:
Provided
alwayes
and
be
it
enacted
,
That
such
ornamentes
of
the
Church
,
and
of
the
Ministers
shall
be
retayned
and
be
in
vse
as
was
in
the
church
of
England
,
by
authoritie
of
Parliament
,
in
the
second
yeare
of
the
raigne
of
King
Edward
the
6.
vntill
other
order
shal
be
therein
taken
by
authoritie
of
the
Queenes
Matestie
,
with
the
advise
of
her
Commissioners
,
appointed
and
authorised
vnder
the
great
seale
of
England
,
for
causes
Ecclesiasticall
,
or
of
the
Metropolitane
of
this
Realme
.
Thus
farre
the
statute
:
the
wordes
of
the
parish
booke
follow
:
It
is
to
be
noted
,
that
the
Minister
at
the
time
of
the
Communion
and
other
times
in
his
ministration
shall
vse
such
ornamentes
in
the
Church
,
as
were
in
vse
by
authoritie
of
Parliament
,
in
the
second
yeare
of
King
Edw.
the
sixth
,
according
to
the
act
of
Parliament
,
in
that
case
enacted
and
provided
.
The
wordes
of
which
booke
of
the
second
of
King
Edward
,
are
these
:
Vpon
the
day
and
at
the
time
appointed
,
for
the
ministration
of
the
holy
Communion
,
the
Priest
that
shall
execute
the
holy
ministerie
,
shall
put
vpon
him
the
vesture
appointed
for
that
ministration
,
that
is
to
say
,
A
white
Albe
playne
,
with
a
vestiment
or
cope
:
Afterward
it
is
said
thus
:
Vpon
Wensdayes
and
Fridayes
the
English
Letany
shal
be
said
or
song
,
&c.
And
though
there
he
none
to
communicate
with
the
Priest
,
yet
those
dayes
(
after
the
Let
any
ended
)
the
Priest
shall
put
vpon
him
a
playne
Albe
,
or
Surplice
,
with
a
Cope
,
and
say
all
things
at
the
Altar
,
&c.
From
all
which
places
it
is
plaine
,
First
,
that
no
Minister
,
at
any
time
vpon
Wensdayes
and
Fridayes
,
after
the
Letany
ended
,
was
bound
simplie
to
weare
a
surplice
at
the
Altare
,
for
it
was
in
his
choyse
,
to
put
vpon
him
a
playne
Albe
or
Surplice
,
with
a
Cope
.
Secondly
,
that
no
Priest
vpon
the
day
and
at
the
time
appointed
for
the
Ministration
of
the
holy
communion
,
might
put
vpon
him
a
Surplice
,
but
only
a
white
Albe
playne
,
with
a
vestiment
or
Cope
.
Thirdly
,
that
no
Minister
vpon
Wensdayes
and
Fridayes
,
when
hee
read
the
Letany
,
did
weare
,
or
was
bound
to
weare
an
Albe
,
or
Surplice
and
Cope
.
For
it
had
bene
in
vayne
and
a
thing
ridiculouse
for
the
booke
to
have
willed
the
Minister
,
after
the
Letany
ended
,
to
put
vpon
him
those
ornamentes
,
if
in
the
time
of
reading
the
Letany
,
hee
had
had
them
vpon
his
backe
.
Fourthly
,
that
no
minister
at
or
in
any
of
the
times
&
services
aforesaid
,
is
bound
to
put
vpon
him
a
Surplice
,
vnlesse
therewithall
he
weare
a
Cope
.
For
the
vse
of
ornamentes
ought
to
be
according
to
the
act
of
Parliament
.
And
therefore
where
no
Cope
,
there
by
the
act
no
Surplice
:
where
no
Altar
to
goo
vnto
after
the
Letany
ended
,
there
no
Surplice
to
be
put
on
after
the
Letany
:
where
a
Communion
with
a
white
Albe
plaine
,
&
a
vestiment
or
Cope
,
there
a
communion
without
a
Surplice
.
There
is
yet
one
other
speciall
observation
before
touched
,
though
for
an
other
purpose
,
worthy
to
be
reiterated
in
this
place
against
the
vse
of
the
Surplice
at
the
communion
,
reading
the
Letany
,
and
saying
prayers
at
the
Altar
.
And
that
is
this
:
Namely
for
that
as
well
the
Statute
1.
Eliza.
as
the
parish
booke
hath
revived
and
commaunded
the
vse
of
those
ornamentes
,
according
to
the
Act
of
Parliament
,
2.
Edw.
6.
which
were
repealed
and
forbidden
by
the
booke
of
the
5.
and
6.
of
King
Edward
the
sixth
.
It
is
to
be
noted
,
saith
the
booke
of
5.
and
6.
of
King
Edw.
6.
That
the
Minister
,
at
the
time
of
the
communion
,
and
all
other
times
,
in
his
ministration
shall
vse
neither
Albe
,
vestiment
nor
Cope
,
but
being
an
Archbishop
or
Bishop
,
he
shall
have
and
weare
a
Rochet
,
and
being
a
Priest
or
Deacon
,
he
shall
have
and
weare
a
Surplice
only
.
And
here
it
is
to
be
noted
(
sayeth
the
parish
booke
)
that
the
Minister
at
the
time
of
the
communion
,
and
at
all
other
tymes
,
in
his
ministration
,
shall
vse
such
ornamentes
in
the
church
as
were
in
vse
by
Authoritie
of
Parliament
in
the
2.
yeare
of
the
reigne
of
King
Edw.
the
6.
according
to
the
Act
of
Parliament
in
that
case
made
and
provided
,
which
were
as
the
booke
of
K.
Edw.
saith
,
an
Albe
with
a
vestiment
or
Cope
,
at
the
communion
,
and
an
Albe
or
Surplice
with
a
Cope
,
vpon
Wensdayes
and
Fridayes
after
the
Letany
ended
.
But
by
the
Provinciall
constitutions
,
It
is
true
,
But
how
doeth
it
follow
,
either
from
the
provincall
,
or
reason
of
the
provinciall
,
that
a
Minister
of
the
Gospell
is
bound
by
the
provinciall
to
weare
a
Surplice
at
the
ministration
of
the
word
and
Sacraments
of
the
Gospell
,
when
the
doctrine
and
service
of
the
Gospell
is
contrarie
and
repugnant
to
the
service
and
doctrine
of
the
Masse
?
And
when
by
the
statute
the
Provinciall
is
not
to
be
vsed
and
executed
,
but
as
it
was
vsed
and
executed
before
the
making
of
the
statute
,
which
was
Anno
25.
of
King
Henry
the
eight
,
at
what
time
the
service
of
the
Masse
,
called
the
Sacrament
of
the
Altar
,
was
only
in
request
.
A
Minister
therefore
of
the
Gospell
,
by
the
Provinciall
is
no
more
bound
to
weare
a
surplice
,
then
by
the
Provincials
&
other
lawes
of
the
Realme
,
he
is
bound
to
say
a
Masse
:
For
the
Provinciall
appointeth
a
surplice
to
bee
worne
at
the
Masse
and
other
idolatrous
services
,
all
which
services
and
which
Masse
(
as
being
blasphemous
to
the
sacrifice
of
our
Saviour
Christ
once
made
vpon
the
crosse
,
&
repugnant
to
the
holy
worship
of
God
)
is
abrogated
by
the
lawes
of
the
Realme
.
Now
then
it
were
to
bee
wished
that
all
states
were
given
to
vnderstand
,
by
what
equitie
,
law
or
good
conscience
grounded
vpon
the
said
statute
,
bookes
or
Provincials
,
sundry
grave
,
learned
and
godly
Pastors
and
other
Ministers
,
for
sundry
yeares
passed
,
have
bene
deprived
,
suspended
or
excommunicated
from
their
benefices
,
dignities
,
promotions
and
ministeries
,
for
not
vsing
the
surplice
?
If
the
Archbishops
,
Bishops
and
other
ordinaries
,
have
heretofore
proceeded
lawfully
in
this
case
,
by
any
other
right
then
statute
lawe
,
it
were
greatly
to
be
wished
,
&
a
thing
tending
every
way
to
their
honor
,
credite
and
reputation
,
that
the
same
their
Iustice
were
made
publikely
knowne
,
to
the
end
all
maner
persons
and
states
;
might
rest
them selves
fully
satisfied
and
well
perswaded
of
the
integritie
of
such
their
proceedings
,
as
wherof
they
now
stand
in
doubt
.
For
our
partes
we
acknowledge
,
that
the
Queenes
Highnes
had
authoritie
by
the
statute
with
the
advise
of
her
Commissioners
,
&c.
or
Metropolitane
,
to
take
other
order
for
ornamentes
.
But
wee
never
yet
vnderstood
,
that
any
other
order
was
taken
accordingly
:
and
especiallie
in
any
such
sorte
,
as
that
the
Archbishops
,
Bishops
&
other
Ordinaries
might
warrant
their
sentences
of
deprivation
to
be
lawfull
against
the
Ministers
,
which
refuse
to
vse
the
Surplice
.
By
the
Advertisements
wherevpon
(
as
it
seemeth
)
they
did
principally
rely
,
and
by
authoritie
whereof
they
did
chiefly
proceed
,
it
is
apparant
that
neither
the
letter
,
nor
intendement
of
the
statute
(
for
the
alteration
of
ornamentes
)
was
observed
:
And
that
therefore
the
commaundement
of
wearing
a
Surplice
in
steed
of
a
white
Albe
playne
,
by
the
advertissementes
,
was
not
duely
made
.
For
though
by
her
Highnes
letters
it
doth
appeare
,
that
she
was
desirous
,
as
the
preface
to
the
advertisements
importeth
,
to
have
advise
from
the
Metropolitane
&
commissioners
,
that
she
might
take
order
;
nevertheles
that
her
Highnes
,
by
her
authority
,
with
their
advise
,
did
take
order
&
alter
the
ornaments
:
this
(
I
say
)
doth
no
where
appeare
,
no
not
by
the
advertisements
them selves
.
Howsoever
then
the
Metropolitane
vpon
the
Queenes
mandative
letters
,
that
some
orders
might
be
taken
,
had
conference
and
communication
,
and
at
the
last
,
by
assent
,
and
consent
of
the
ecclesiasticall
commissioners
,
did
think
such
orders
as
were
specified
in
the
advertisements
,
meete
and
convenient
to
be
vsed
and
followed
:
neverthelesse
,
all
this
proveth
not
that
these
orders
were
taken
by
her
Maiesties
Authoritie
.
For
the
Metropolitane
and
Commissioners
,
might
thinke
,
agree
and
subscribe
,
that
the
advertisementes
were
meete
and
convenient
,
and
yet
might
these
advertisements
be
never
of
any
valew
,
as
wherevnto
her
Highnes
authoritie
was
never
yeelded
.
But
be
it
graunted
that
the
Surplice
by
the
Advertisements
,
Herevnto
happily
it
wil
be
answered
,
And
further
,
that
,
respectu
poenae
infligendae
proper
contemptum
Iudicis
;
non
reperitur
provisio
regulariter
,
à
lege
facta
,
&
ideo
Judex
potest
arbitrio
suo
poenam
imponere
.
Touching
which
answeres
it
may
brieflie
be
replyed
,
that
the
peyne
spoken
of
in
the
civil
law
,
is
generally
vnderstoode
of
a
pecuniarie
peyne
,
to
be
assessed
and
applied
to
the
silke
;
or
more
specially
,
it
may
be
vnderstood
,
that
among
many
corporall
peynes
,
the
Iudge
arbitrarily
may
choose
which
shall
seeme
to
him
most
modicinable
.
Now
,
these
kinde
of
peynes
,
it
is
manifest
,
that
neither
of
them
by
the
ordinarie
Iurisdiction
ecclesiasticall
,
in
the
church
of
England
,
can
be
imposed
for
contempt
.
And
as
for
that
which
to
the
same
effect
may
bee
alleadged
,
Howsoever
then
this
rule
,
Besides
,
if
the
Romish
canon
law
,
were
the
Kings
ecclesiasticall
law
,
yet
doth
not
the
former
exception
prove
,
that
a
Parson
or
Vicare
,
may
be
deprived
from
his
benefice
,
by
the
ordinaries
iurisdiction
,
for
the
not
vse
of
a
surplice
;
only
the
said
exception
affordeth
thus
much
:
viz.
that
if
an
ordinarie
iudicially
and
canonically
(
as
they
call
it
)
according
to
the
sanctions
,
not
of
the
English
,
but
of
the
Romish
church
,
have
admonished
a
Minister
to
weare
a
surplice
,
the
exception
(
I
say
)
affordeth
in
this
case
thus
much
,
that
his
ordinary
for
contempt
may
impose
an
arbitrary
peyne
,
if
so
be
nether
by
common
right
,
nor
by
constitutiue
law
,
there
be
an
ordinarie
peyne
imposed
.
But
now
so
it
is
,
that
this
case
falleth
not
out
to
be
within
the
compasse
of
the
peyne
of
deprivation
,
for
not
wearing
a
surplice
.
For
it
is
contempt
only
,
and
not
the
not
wearing
of
a
surplice
,
that
arbitrarily
may
bee
punished
in
this
case
:
Why
then
though
an
ordinary
be
not
able
by
the
Kings
Ecclesiasticall
lawes
,
Nay
,
First
wee
affirme
(
as
earst
hath
bene
said
)
that
aswell
the
branch
as
the
budd
,
the
tayle
as
the
head
of
the
Romish
canon
law
is
cleane
cutt
of
from
the
body
of
the
kings
ecclesiasticall
law
.
Secondly
,
that
the
oath
of
canonicall
obedience
,
exacted
by
the
ordinary
from
the
Parson
or
Vicare
,
hath
ever
bene
exacted
hetherto
,
onely
by
vertue
of
the
foraine
canon
lawe
,
and
not
so
farre
(
as
we
can
learne
)
by
any
the
kings
ecclesiasticall
lawes
.
And
therefore
periury
against
a
Parson
or
Vicare
,
for
refusing
to
weare
a
surplice
at
his
ordinaries
command
(
by
the
kings
ecclesiasticall
lawes
)
can
not
be
obiected
;
For
where
there
is
no
lawfull
oath
taken
,
there
no
lawfull
punishment
for
the
breach
of
the
same
oath
can
be
inflicted
,
by
meanes
whereof
,
one
halfe
of
the
tayle
before
spoken
of
,
is
disiointed
.
And
as
for
the
other
halfe
,
viz.
that
for
contempt
of
the
ordinaries
iurisdiction
,
a
Parson
or
Vicar
(
having
promised
reverently
to
obey
his
Ordinary
,
and
other
chief
Ministers
vnto
whom
the
governement
and
charge
is
committed
over
him
;
Following
with
a
glad
minde
and
will
their
godly
admonition
,
and
submitting
them selves
to
their
godlie
iudgementes
)
that
a
Parson
or
Vicar
,
I
say
,
may
lawfully
for
contempt
be
deprived
from
his
benefice
,
if
he
refuse
to
put
vpon
him
a
Surplice
at
his
Ordinaries
admonition
,
and
vpon
his
Ordinaries
iudgment
,
this
might
have
some
colour
,
if
the
Ordinaries
admonition
and
iudgment
by
the
holy
scriptures
,
could
be
proved
to
be
a
godly
admonition
,
and
a
godly
iudgement
:
or
if
the
former
rule
were
a
rule
aswell
drawne
from
the
Kings
ecclesiasticall
law
,
as
from
the
forain
canon
law
;
or
if
there
were
no
certeyne
peyne
by
the
Kings
ecclesiasticall
law
appointed
for
contempt
:
or
that
among
divers
certeyne
peynes
,
deprivation
were
one
.
But
seeing
the
same
rule
is
none
of
the
Kings
ecclesiasticall
rules
,
and
that
admonition
,
suspension
and
excommunication
,
&
not
deprivation
by
the
Kings
ecclesiasticall
lawes
,
be
certeyne
and
ordinarie
peynes
,
to
be
inflicted
for
contempt
,
it
followeth
by
the
Kings
ecclesiasticall
laws
,
that
an
Ordinarie
may
not
arbitrarily
,
at
his
pleasure
,
for
such
contempt
,
inflict
the
peyne
of
deprivation
.
Nay
,
were
it
true
that
the
Romish
and
forein
canon
law
,
touching
this
point
of
punishment
by
deprivation
for
contempt
,
were
in
force
within
the
Realme
of
England
,
yet
we
affirme
,
even
by
the
same
law
,
that
a
Parson
or
Vicare
,
for
the
not
wearing
of
a
Surplice
,
in
divine
worship
,
at
his
Ordinaries
commaundement
,
is
no
more
by
his
Ordinarie
,
to
be
deprived
from
his
benefice
,
having
a
reasonable
cause
to
refuse
the
wearing
of
a
Surplice
,
then
is
a
Bishop
to
be
deprived
by
an
Archbishop
from
his
Bishopricke
,
for
not
putting
in
execution
some
of
his
provinciall
Decrees
;
when
as
the
same
Bishop
hath
any
reasonable
impediment
,
not
to
execute
the
same
decree
.
For
this
Rule
,
contemptus
fit
,
ex
ce
ipso
,
quòd
dum
possunt
hoc
facere
,
illud
tamen
exequi
contradicunt
,
is
of
no
more
efficacie
●gainst
a
Minister
subiect
to
a
Bishop
,
then
it
is
against
a
Bishop
subiect
to
an
Archbishop
.
For
as
Episcopus
est
ordinarius
omnium
Presbyterorum
suae
Dioceseos
,
so
is
Archiepiscopus
,
ordinarius
omnium
Episcoporum
suae
provinciae
.
And
therfore
as
it
may
be
said
,
quod
praecipitur
Rectori
,
seu
Vicario
,
ab
Episcopo
imperatur
ei
,
&
quod
[
a
](A17925-e6110-b)
a
Lind.
de
constitut.
ec
.
quia
incontinentiae
.
verb
praecipimus
.
imperatur
necesse
est
fieri
ab
eo
,
&
si
non
fiat
,
poenam
habet
;
so
likewise
,
vbi
preceptum
Archiepiscopi
est
factum
Episcopo
,
ibi
necesse
est
vt
obediat
.
vnde
verbum
[
b
](A17925-e6140-b)
b
verb.
praecipimus
.
praecipimus
,
habet
vim
sententiae
definitiuae
,
aswell
by
an
Archbishop
against
a
Bishop
,
as
by
a
Bishop
against
a
Parson
or
Vicare
.
For
as
haec
dictio
praecipimus
,
vsed
by
a
Bishop
to
a
Parson
or
Vicare
,
importat
aliquid
de
voluntate
&
authoritate
Episcopi
faciendum
,
vel
non
faciendum
,
so
by
the
same
word
vsed
by
an
Archbishop
to
a
Bishob
,
tenetur
Episcopus
cui
praecipitur
,
quòd
praeceptum
adimpleat
,
voluntate
&
authoritate
Archiepiscopi
.
In
like
sort
then
,
as
a
Bishop
to
save
him selfe
,
both
from
contempt
,
&
the
penaltie
of
contempt
,
may
alleadge
,
and
plead
against
an
Archbishop
,
that
he
did
not
therefore
obey
and
execute
his
Metropolitanes
commandement
,
by
reason
of
absence
out
of
his
Diocesse
,
sicknes
or
other
reasonable
impediment
,
even
so
every
Parson
and
Vicare
to
avoid
contempt
,
may
pleade
for
his
innocencie
,
against
the
admonition
of
a
Bishop
,
that
Iustam
habet
excusationem
,
quare
illud
non
debeat
,
Vnlesse
then
a
Bishop
will
avow
and
be
able
out
of
holy
writ
,
to
iustifie
that
a
Ministers
conscience
(
especially
a
Ministers
conscience
,
who
walketh
(
as
Zakarias
did
)
in
all
the
commandements
and
ordinances
of
the
Lord
without
reproofe
,
But
to
leave
the
foraine
canon
law
,
and
all
the
rules
thereof
,
as
being
no
branches
of
the
Ecclesiasticall
lawes
of
England
,
let
it
be
granted
that
before
the
statute
of
25.
H.
8.
c.
19.
some
canon
or
constitution
Synodall
or
Provinciall
,
had
bene
made
,
or
since
have
bene
made
,
by
the
Clergie
of
the
Realme
,
in
their
convocation
assembled
by
the
Kings
writ
,
that
a
Parson
or
Vicare
,
for
periurie
or
contempt
ecclesiasticall
,
should
bee
deprived
of
his
benefice
;
neverthelesse
it
seemeth
that
the
same
is
a
voide
canon
,
and
a
void
constitution
:
Because
it
is
contrary
or
repugnant
to
the
lawes
and
customes
of
the
Realme
:
By
which
lawes
and
customes
no
free
man
of
the
Realme
,
can
be
dispossessed
,
of
his
franck
tenement
,
for
contempt
or
periury
in
any
of
the
kings
temporall
Courts
.
All
Parsons
and
Vicars
then
canonically
instituted
&
inducted
,
being
not
subiects
at
this
day
to
any
forain
power
,
but
being
freemen
of
the
Realme
,
in
as
large
and
ample
maner
as
any
Layickes
,
the
Kings
other
subiects
be
,
it
seemeth
that
a
Parson
&
Vicare
(
by
the
lawes
and
customes
of
the
Realme
)
being
a
Freehoulder
,
should
for
none
other
cause
loose
his
Freehould
,
then
for
the
which
like
cause
,
a
Layicke
may
loose
his
.
Yea
and
because
no
Layicke
by
the
laws
&
customes
of
the
Realme
,
may
bee
put
from
his
Freehould
for
contempt
,
no
though
the
same
contempt
be
committed
against
the
kings
Proclamation
,
or
any
decree
made
in
his
high
Courte
of
Chancerie
:
by
so
much
the
more
vnreasonable
it
seemeth
to
be
,
that
a
Parson
or
Vicare
for
contempt
against
his
ordinaries
admonition
,
should
bee
deprived
from
his
benefice
,
by
how
much
a
contempt
against
the
Kings
commaundement
,
is
more
heinous
then
is
a
contempt
against
the
ordinaries
admonition
.
You
mistake
the
cases
,
The
Maister
of
the
Rolles
and
Warden
of
the
Fleete
,
having
their
offices
graunted
for
terme
of
life
,
though
other
of
them
by
the
same
graunt
be
seised
of
a
freehold
,
the
one
of
the
house
called
the
Rolles
,
the
other
of
the
house
called
the
Fleete
:
nevertheles
if
the
first
bee
put
from
his
Mastership
,
and
the
second
from
his
Wardenship
,
neither
can
the
one
,
nor
the
other
,
by
the
law
and
iustice
of
the
Realme
,
reteyne
either
of
those
houses
,
as
his
Freehold
;
For
as
the
houses
were
iointly
with
their
offices
,
&
in
respect
of
their
offices
granted
.
So
their
offices
being
once
taken
from
them
,
they
must
withal
by
necessary
consequence
forgo
those
their
houses
,
which
for
the
time
they
held
as
their
freeholds
.
Well
:
if
this
be
all
that
may
gaynesay
our
position
,
then
be
not
our
cases
mistaken
,
neither
yet
have
we
so
ignorantly
vrged
&
applied
the
law
and
free
customes
of
the
Realme
,
as
you
would
beare
vs
in
hande
.
For
though
we
grant
,
whatsoever
you
have
excepted
,
to
be
true
,
yet
can
not
the
same
be
a
barre
against
our
pleading
.
And
what
if
the
Freeholdes
of
a
Layick
,
&
of
an
ecclesiastical
person
,
be
(
as
you
say
they
be
)
diversly
possessed
,
the
one
by
right
of
church
,
the
other
by
right
of
person
,
what
doeth
this
(
I
say
)
impugne
our
saying
,
that
no
Freeholder
for
contempt
of
the
Kings
commandment
may
be
punished
with
losse
of
his
freehold
,
when
the
great
Charter
of
England
telleth
vs
,
that
a
freeman
shall
not
be
amerced
for
a
small
fault
,
but
after
the
quantity
of
the
fault
.
And
for
a
great
fault
,
after
the
maner
therof
,
saving
to
him
his
contenement
or
freehold
.
If
then
vnto
every
freeman
punishable
by
the
law
,
though
his
fault
be
great
,
his
Contenement
or
Freehold
ought
to
be
reserved
;
it
seemeth
much
more
reasonable
to
follow
,
that
no
Churchman
,
being
a
freeman
of
the
Realme
,
may
for
contempt
be
punished
,
with
losse
of
his
Contenement
or
Freehold
.
And
that
you
may
consider
(
against
our
next
conference
)
more
deeply
of
this
matter
,
let
me
put
this
case
vnto
you
viz.
That
a
Churchman
and
a
temporall
person
,
both
freemen
of
the
Realme
;
for
one
and
the
selfe
same
contempt
against
the
king
,
were
punishable
by
the
great
Lordes
in
the
starre
chamber
,
or
in
any
other
Court
,
by
other
of
the
Kings
Iustices
;
would
our
lawes
&
freecustomes
of
the
Realme
(
think
you
)
iustifie
,
that
the
spirituall
person
,
enioyning
still
his
spiritual
function
,
might
in
this
case
be
mulcted
with
the
losse
of
his
benefice
,
and
yet
the
temporal
person
not
to
be
punishable
by
the
losse
of
his
freehold
?
The
examples
produced
by
you
,
relieve
no
whit
at
all
your
case
,
nay
rather
they
stand
on
our
side
,
and
make
good
our
part
.
For
how
long
soever
the
Maister
of
the
Rolles
and
Warden
of
the
Fleete
,
doe
enioy
their
offices
,
for
so
long
time
,
by
your
owne
collection
,
they
ought
to
enioy
their
Freeholdes
,
annexed
to
their
offices
;
yea
and
you
assume
in
effect
,
that
they
may
not
lawfully
for
contempt
,
or
any
other
cause
,
be
disseised
of
their
freeholds
,
so
long
as
they
be
possessed
of
their
offices
.
Now
then
,
if
from
the
identity
of
reason
you
would
conclude
,
that
a
Parson
or
Vicare
for
contempt
lawfully
deposed
from
his
ministeriall
function
,
should
in
like
maner
lawfully
loose
his
freehold
,
annexed
to
his
office
,
as
the
Maister
of
the
Rolles
,
and
Warden
of
the
Fleete
,
put
from
their
offices
,
should
loose
theirs
,
we
would
not
much
have
gainsaid
your
assertion
.
For
we
hold
it
vnreasonable
that
a
Parson
or
Vicar
deposed
from
his
ministeriall
function
,
should
enioy
that
freehold
or
maintenance
which
is
provided
for
him
that
must
succeed
in
his
ministerial
charge
.
But
then
your
assertion
would
make
nothing
against
vs
.
For
so
you
must
prove
that
your
officers
for
contempt
only
,
may
lawfully
be
put
from
their
freeholds
annexed
to
their
offices
,
and
yet
notwithstanding
remaine
the
same
officers
still
.
And
then
indeed
;
from
some
parity
or
semblance
of
reason
,
you
might
have
inferred
,
that
a
Parson
or
Vicare
for
contempt
deprived
of
his
free
hold
,
annexed
to
his
function
,
might
notwithstanding
such
contempt
,
enioy
his
ministeriall
function
still
.
But
to
dispute
after
this
sort
,
were
idlely
to
dispute
,
&
not
to
dispute
ad
idem
.
For
how
doth
this
follow
?
The
Kings
officer
,
if
for
contempt
he
be
displaced
from
his
office
can
not
withall
but
be
displaced
from
his
freehold
,
which
ioyntly
with
his
office
,
and
in
regard
of
his
office
,
he
possessed
.
Therfore
a
Parson
or
Vicare
for
contempt
,
may
lawfully
be
deprived
from
his
benefice
or
freehold
annexed
to
his
ministeriall
function
,
and
yet
notwithstanding
enioy
his
ministeriall
function
still
.
And
this
is
the
maine
point
&
generall
case
(
for
the
most
part
)
of
all
the
Ministers
which
at
this
day
for
contempt
,
stand
deprived
.
For
among
all
the
sentences
pronounced
for
contempt
,
there
is
scarce
one
to
be
found
which
deposeth
a
Parson
or
Vicare
from
his
ministerial
office
,
but
onlie
which
depriveth
him
from
his
Church
,
Parsonadge
,
or
Vicaradge
.
Whereby
the
vnreasonablenes
of
certeine
ordinaries
,
in
their
processe
of
deprivations
,
become
so
much
the
more
vnreasonable
,
by
how
much
more
vnreasonable
it
seemeth
to
be
,
that
any
publicke
officer
should
lawfully
be
continued
in
his
publicke
office
,
and
yet
not
be
suffered
to
enioy
any
publick
meanes
,
to
mainteine
the
same
his
office
.
And
thus
much
have
we
replied
vnto
your
answere
,
made
vnto
our
pleadings
,
that
by
the
lawes
and
freecustomes
of
the
Realme
,
a
Parson
or
Vicar
,
being
a
freeman
of
the
Realme
,
may
not
for
contempt
vnto
his
ordinaries
admonition
,
be
deprived
from
his
freehold
,
if
so
be
you
grant
that
he
may
enioy
his
ministerial
function
still
.
As
touching
the
lawes
of
the
church
,
it
hath
ben
already
sufficiently
demonstrated
,
that
there
is
then
no
contempt
at
all
committed
against
an
admonition
,
when
the
partie
admonished
can
alleadge
any
iust
or
reasonable
cause
of
his
not
yeelding
to
his
admonisher
.
And
if
no
contempt
in
such
case
be
made
,
then
no
deprivation
from
a
benefice
,
or
deposition
from
the
ministerie
,
in
such
case
ought
to
follow
.
Considerations
against
subscription
,
to
the
booke
of
the
forme
and
maner
of
making
and
consecrating
Bishops
,
Priests
and
Deacons
.
WHat
the
reason
or
cause
should
be
,
that
subscription
vnto
this
booke
of
consecration
&
ordination
of
Bishops
,
Priests
and
Deacons
,
hath
bene
of
l●te
yeares
,
so
hotly
and
egerly
pursued
by
the
Lords
of
the
Clergie
,
is
a
misterie
,
perhaps
,
not
of
many
of
the
laytie
well
vnderstood
.
And
how
soever
vnder
colour
of
the
maintenance
of
obedience
to
the
statute
of
the
Realme
,
whereby
this
booke
is
confirmed
,
the
same
subscription
may
seeme
to
be
pressed
:
nevertheles
if
the
maine
drift
and
reason
of
this
pressure
,
were
well
boulted
out
,
it
is
to
be
feared
,
that
not
only
the
vnlawful
supremacie
of
an
Archbishop
is
sought
to
be
advanced
above
the
lawfull
supremacie
of
our
Soverayne
Lord
King
Iames
;
but
also
that
the
Synodals
,
Canons
and
Constitutions
made
by
the
Clergie
,
in
their
convocation
,
are
intended
,
if
not
,
to
be
preferred
above
,
yet
at
leastwise
to
be
made
equall
to
the
common
law
and
statutes
of
the
Realme
.
By
the
ancient
lawes
and
customes
of
the
Realme
,
one
parcell
of
the
Kings
iurisdiction
and
imperiall
Crowne
,
hath
evermore
consisted
in
graunting
ecclesiasticall
iurisdiction
,
vnto
Archbishops
,
Bishops
and
other
Prelats
.
For
the
maintenance
of
wich
imperiall
iurisdiction
and
power
,
against
the
vsurped
supremacie
of
the
Bishop
of
Rome
,
divers
statutes
,
not
introductorie
of
new
law
,
Yea
and
in
a
book
entituled
The
Institution
of
a
Christian
man
,
composed
by
Thomas
Archbishop
of
Canterburie
,
Edward
Archbishop
of
Yorke
&
all
the
Bishops
,
Ever
since
which
time
(
vntill
of
late
yeares
,
the
late
Archbishops
of
Canterbury
,
with
the
counsel
of
his
colledge
of
Bishops
,
altered
that
his
opinion
,
which
some
times
in
his
answere
made
to
the
admonition
to
the
Parliament
,
he
held
)
it
was
generally
and
publickely
maintained
,
that
the
state
,
power
and
iurisdiction
of
Provinciall
and
Diocesan
Bishops
in
England
,
stood
not
by
any
Divine
right
,
but
meerly
and
altogether
by
humaine
policie
and
ordinance
alone
.
And
that
therefore
,
according
to
the
first
and
best
opinion
and
iudgment
of
the
said
Archbishops
,
Bishops
,
&c.
the
same
their
iurisdiction
might
be
taken
away
and
altered
at
the
will
and
pleasure
of
the
kings
of
England
,
when
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
complaints
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
;
By
meanes
of
which
this
their
enclyning
to
the
popish
opinion
,
and
holding
their
Iurisdiction
to
bee
de
iure
divino
,
&
professedly
mainteyning
in
the
Homilie
(
wherevnto
also
subscription
is
vrged
)
that
the
King
,
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
,
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
whom
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
contrarie
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
Apostles
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
diver●●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
Pa●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
conteyneth
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
from
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
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
.
Notes, typically marginal, from the original text
Notes for div A17925-e120
Notes for div A17925-e1040
Notes for div A17925-e1990
Notes for div A17925-e5370
Notes for div A17925-e6560