Archâ—episcopall and Episcopall seas shall therevpon thinke that lawfully by their ordinary iurisdiction onely without regard of any Authoritie graunted vnto them by the statute they may proceed ex officio to punish these defaultes then we pray their Lordships to resolve vs by what law besides this statute they may so proceed First this booke before 5. and 6. of Edward the sixth was never alive and being once dead by the statute of Queene Mary was but restored to life by the Queenes statute of Reviver Before this statute theÌ„ was revived these offences were no offences for where no lawe was there could be no offence Besides we have some reason to conceave thus well of the Ordinaries that they should be more prudent discreete then to iustifie their criminall processe ex officio by a plenarie power or a soveraigne pleasure And to say that ex officio by vertue of the popish canon Law they may lawfully proceed to suspension excommunication or deprivatioÌ„ of any Minister of the Gospell for the not observation of the booke of common prayer we assure our selves that so to say were to say amisse yea and more then ever they will be able to proove First the whole forme order of common service administration of Sacramentes vse of rites and ceremonies as they be mencioned and set forth in the booke of common prayer by all the groundes rules of that popish law is adiudged to be erroneous scismaticall and hereticall And therefore the refusing to vse the same booke or any parte thereof is so farre from being punishable by the same law as by the same law it is a matter worthy of high prayse and commendation for a Minister to refuse to vse it Againe what a vaine part were it for an ordinarie to plead the popish canon law for the validitie of his proceding ex officio when as the whole body and every title chapter and versicle of the same law at the petition and submission of the Clergie hath long since bene for ever adnulled made voide and of no value by an act of Parliament In regard whereof and in regard also that every ordinaries processe ex officio may be aswell iustifiable in respect of him selfe as aequall toward the Kings subiects it much every way importeth him that his proceedings ex officio be tempered hereafter with better morter and grounded vpon a surer foundation then be the maximes principles of that law Namely it behooveth that they bee founded and established vpon the Kings either ecclesiasticall or temporall lawes and statutes of which sorte of the Kings lawes we may bouldly and honestly say that the Popish and foraine canon law is none which saying also of ours we briefly proove thus The Clergie of the Realme aswell for their successors as for themselves having like humble and obedient subiects to the King promised in verbo sacerdotij that they would never from thence forth presume to attempt alleage claime or put in vre or enact promulge or execute any new canons costitutions or ordinances provinciall or other c. It was enacted by authoritie of Parliament according to the said submission and petition of the Clergie that neither they nor any of them from thence forth should presume to attempt alleadge claime or put in vre any constitutions or ordinances Provinciall or Sinodalls or any other canons All canons then by these wordes or any other canons of what sort or degree soever whether domesticall and homebread or strangbread and foraine canons before that time made were once vtterly forbidden to be attempted alleadged claimed or put in vre by which meanes they were once concerning their practise and execution with vs adnulled and made void And therefore so many of them as at that time were not or since that time have not bene revived and reauthorized ought not to be attempted alleadged claymed or put in vre at this day It remaineth then to be discussed what canons constitutions ordinances Provinciall or Synodall or what other canons were at that time or have at any time sithence bene recommanded reestablished vnto which point from the whole scope plaine letter of the statute we answere that only such canons constitutions and ordinances provinciall or Synodall may be attempted alleadged claimed and put in vre as were made before that time by the Clergie within the Realm were not contrariant nor repugnant to the lawes statuts and customes of the Realme nor to the domage or hurt of the Kings prerogative Royall And that therefore all canons decrees decretall sextes clementines extravagants and all other whatsoever constitutions and ordinances Papall being strangers and aliens from the common wealth of England and not begotten by the Clergie within the Realme are forbidden at this day to be attempted alleadged claimed or put in vre The reasons of which our answere drawne from the letter of the statute be these The Parliament having enacted as before is mencioned did neverthelesse according to an other branch of the petition of the Clergie not only give to the King 32. persons by him to be nominated c. power and authoritie to viewe search and examine the said constitutions and ordinances Provinciall and Synodall before that time made by the Clergie of this Realme but also enacted that such of them as the Kings highnes and the said 32. persons should deeme adiudge worthy to be continued and kept should be from thence forth kept obeyed and executed within this Realme All canons then made before that time without the realme being secluded by the Parliament from the view search and examination of the King and 32. Persons though he and they had deemed and adiudged the said canons to have bene continued kept and obeyed yet notwithstanding the same Canons ought not to have bene kept obeyed and executed For only such canons by the King and 32. Persons ought to have ben deemed adiudged worthie to be continued kept for the continuance and keeping wherof power authoritie by Parliament was given to the King and 32. Persons But such canons constitutions and ordinances Provinciall or Sinodall only and not Papall were committed c. Therefore Papall being once disclaymed and disauthorised by Parliament and not againe committed by Parliament to view search and examination were never by intendement of Parliament to bee continewed kept and obeyed within this Realme And this againe most pregnantly is confirmed vnto vs by the last provisoe of this act the wordes whereof are these Provided also that such canons constitutions ordinances and Synodalls Provinciall being already made which be not contrariant or repugnant to the lawes statutes and customes of the Realme nor to the domage or hurt of the Kings prerogative Royall shall now still be vsed and executed as they were before the making of this act till such time as they be viewed searched or otherwise ordered and determined by the said 32. persons or the more part of them according to the tenor and effect
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 vpō 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 cōmunion 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 ratified and confirmed by Act of Parliament the parishioners are enioyned at their costes and charges to provide a Surplice and in vayne were this charge layde vpon them if so be the Minister were not bound by the law to weare it It is true and can not be denied that all parishioners are enioyned and that every Masse-priest is bound by the Provincials the one sorte to provide the other to weare a Surplice for and at the celebration of the Masse and for and in the vse of other popish services The reason of the vse of which Surplice by the popish Glosers and Provincials is yeelded to be this That the Priest must be clothed with white to signifie his innocencie and puritie and also ob reverentiam Salvatoris nostri totius caelestis curiae quam sacramento altaris consiciendo confecto non est dubium interesse 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
common prayer attayned and gotten by the Parishioners of M. for the Minister to vse in the same parish Church IT is provided and enacted that the bookes concerning the said services shal at the costs charges of the parishioners of every parish be attayned and gotten c. And that such parishes where the saide bookes shal be attayned and gotten c. shall within three wâ—ckes after the bookes so attayned and gotten vse the said service and put the same in vre according to this act from whence it seemeth to follow the Minister not being commanded to attayne get the said booke if the parishioners have not hitherto attayned and gotten the said booke that the minister of the same parish is not bouÌ„d to vse the said service put the same in vre which is not attayned gotten for him to be vsed invred That the parishioners of the said parish church have not hitherto attay ned gotteÌ„ the said book semeth to be manifest vpoÌ„ these coÌ„siderations The Booke which the Minister of the same Church is bound to vse should differ from the booke of common prayer authorised by act of Parliament 5. and 6. Ed. 6. But in foure poyntes that is to say one of alteration or addition of certeine lessons to be vsed on every sunday in the yeare an alteration correctioÌ„ of the forme of the Letany and two sentences only added in the delivery of the Sacrament to the coÌ„municants and none other or otherwise But in the booke attayned and gotten by the said parishioners therâ— be moe alterations then are specified in the statute The forme of the Letany is not corrected and altered and moreover there is some detraction from the very matter of the booke which detraction ought not to have bene made and which is conteyned in this prayer following From the Tyrannie of the Bishop of Rome and all his detestable enormities Good Lord deliver vs. And as touching the forme of the Letanie of K. Edw. booke whereas the same by the letter of the Act seemeth by the Parliament to have ben altered corrected for the words stand thus viz. altered corrected not to be altered corrected yet now so it is that the same forme remaineth stil in the parish book vnaltered vncorrected For the whole forme order and dispositioÌ„ of prayers which is in the Letanie of the parish book is the same forme order disposition of prayers which was in the Letany of K. Ed. book Except vnhappely we shall say that the transposition and alteration of the prayer of Chrysostom by the booke of K. Edw. according to the nature of the letter of that prayer appointed to be read last of all the prayers in the Letanie is an alteration and correction of the forme of the Letanie when as notwithstanding the transposition and alteration of that prayer by the parish booke appointed not to bee read last but before sundrie other prayers is rather a playne corruption and not a correction of that parte of the forme of the Letanie For this transposition is as if an husband-man should set his cart before his horse or as an Orator should place his coÌ„clusion before his proheme Again it can not probably or reasonably be gathered that the Parliament mentioning an alteration correction made of the forme of the Letany did inteÌ„d by the words forme of the Letany altered corrected that part of the matter of the Letany was or should be altered corrected For the matter of that prayer was good and without fault needed no alteration and correction at all yea and had the ParliameÌ„t detracted or intended that that prayer should be detracted out of the Letany and that by the detraction thereof the forme of the Letanie had ben altered and corrected then would no doubt the Parliament have spoken properly and plainly in this case like as the same did in the other two cases in this or the like maner viz. one prayer against the tyrannie of the Bishop of Rome and all his detestable enormities detracted In like sorte I say as it enacted one alteration or addition of certeyne lessons to bee vsed on every sunday in the yeare and two sentences only added in the delivery of the Sacraments to the communicants wherefore the Parliament in the excellencie of their iudgement sharpnes of their wisdom by thâ—se wordes forme altered and corrected necessarily implying that the forme of the Letany of King Edwards booke was faulty and corrupt it can not by any reasonable construction bee gathered that the Parliament by forme of the Letanie did intend any part of the matter of the Letanie which was good and sincere For if we speake properly and not tropically plainly and not obscurely iudiciously and not ridiculously as all Statutes and all wise Law-makers speak or ought to speak we can not say that any parte of the matter of a thing is the forme of a thing For what a vanitie were it to call the matter of a loafe the forme of a loase The matter of an house the forme of an house or the matter of a man the forme of a man much more vainly then needs must wâ— speake if we call the matter of a mast of a ship the forme of a ship the matter of the clapper of a bell the forme of a bell or the matter of the whit of an egge the forme of an egge Wherefore it can not otherwise be intended by the Parliament but that the faulty and corrupt forme order and disposition of prayers conteyned in the Letany of King Edwards booke was or at leastwise should have bene corrected and altered into an holy sincere forme order and disposition of prayers and not to have continued still faulty and corrupted as the same was in the beginning and first originall thereof Yea and that this indeed was the true meaninge of the Parliament is more fully confirmed vnto vs out of the doctrine of one of the Homilies commaunded publikely to bee read in the churches For coÌ„mon prayer saith the Homilie is rehearsed and said by the publicke Minister in the name of the people the whole multitude present whervnto they giving their ready audience should assent and say Amen But in the Letany of the boâ—ke attayned and gotten by the Parishioners the forme of prayers is not framed after this maner For in some part of the Letany the Minister only repeateth some thing for the which the people praye and so it commeth to passe that the people only praye and not the Minister yea and so the Minister supplieth the place of the people and the people the place of the minister Agayne in some other partes of the Letany the minister prayeth for one thing and the people following pray for another By meanes whereof the faultie and corrupt forme order and disposition of prayers in the Letany disagreeable to the doctrine of the Homilie remayneth vnaltered and vncorrected contrarie to the act of
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 being proved approved and allowed hereby and with a generall consent are rightly and aptly called the Kings Ecclesiasticall lawes of Englande in like maner as those lawes which the Normans borrowed from England were called the lawes of Normandie and as those lawes which the Romans fetching from Athens being allowed and approved by that state were called 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 frō 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 deprivatiō 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 cōteyned 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 punishmēt 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 thē 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
Parliament and doctrine of the church of England Concerning addition and alteration specified in the act there be divers and sundry other alterations and some additions also in the parish booke differing from the booke of King Edward in wel-nigh l. materiall poyntes And for the vse of which pointes if the Kings Iudges and Iustices should as strictly and rigorously proceed as the Bb. have done and yet doe for the not vse of the Suâ—plice Crosse they might bring all the ministers of the church within danger of sixe monethes imprisonment and of the losse of one yeares profite of all their spirituall promotions to the King For these words of the statute that all and singular ministers in any Cathedrall or Parish church c. be bound to say and vse the Mattens Evensong celebration of the Lords Supper and administration of each of the Sacramentes and all their common and open prayer in such order and forme as is mentioned in the said booke so authorized by Parliament in the fifth sixth yeeres of the Raigne of King Edward the sixth with one alteration c. and none other or otherwise These wordes I say doe as exactly and precisely bind all Ministers to vse the book of King Edw. and none other or otherwise in all poyntes excepting the excepted as they binde anie Ministers to vse the rites ceremonies mencioned in the said booke But how can any Minister vse that order of service and none other or otherwise which is appointed in the booke of fift and sixt Edw. 6. excepting the excepted when as some other order of service exceptinge the excepted is concluded within the booke provided by the Parishioners And for the vse of which booke rather then for refusall of the vsâ— of which booke a minister is punishable by the statute And to make the thing which we have in hand to be vndeniable without cavil namely that the booke provided by the Parishioners is not that booke which is authorised by act of Parliament it is to be noted besides the alterations and additions specified in the statute that there is one great and mayne alteration betweene the two bookes of sundrie chapters appointed to be read for the first lessons at Mattens Evensong vpon divers festivall dayes Which alteration also it is evident that the same was made generally and for the most part from the better to the worse namely from the canonicall scriptures to the Apocriphall writings from whole chapters to peeces of chapters and that as it seemeth not without fraud and collusioÌ„ to the Queene Realm The proofe of which alteration is apparantly scene by the severall kalenders of both bookes Vnto which kalenders for the first second lessons except the same be proper lessons at morning and evening prayer the minister is referred For in a Rubrick before Te Deum at morning prayer it is said There shal be read two lessons distinctly with a loude voyce the first of the old testament the second of the new like as they be appointed by the kalender except there be proper lessons assigned for that day And in the order for evening prayer it is thus said Then a lesson of the old Testament as is appointed likewise in the kalender except there be proper lessons appointed for that day And after Magnificat then a lesson of the new Testament Now these first and second lessons whether they be proper or not proper lessons assigned by the parish booke that many of them doe vary from thâ— first and second lessons appointed by the booke of 5. and 6. Edw. 6. is plainly to be seene not only by the kalenders of both bookes but also by the order appointed for proper lessons A paterne whereof at certeyne feast dayes followeth  Kalender of King Edwards originall printed booke Kalender of the Parishes printed booke Stevens day Morning prayer 1. lesson Esa 56 Morning prayer 1. lesson Pro. 28 Evening prayer 1 lesson Esa 57 Evening prayer 1. lesson Eccle. 4. Saint Iohn Morning prayer 1 lesson Esa 58 Morning prayer 1 lesson Eccle. 5. Evening prayer 1 lesson Esa 59 Evening prayer 1 lesson Eccle. 6. Innocents Evening prayer 1. lesson Esa 60 Evening prayer 1 lesson Wisd 1â— Vpon the circumcision day both bookes agree saving that King Edwa. readeth the whole 10. chapter of Deuter. at evening prayer and the Parish booke but part vpon the Epiphanie the chapters at morning and evening prayer for first and second lesson by both bookes are the same But the Genealogie of our Savior Christ mencioned in the third of Luke by the Kings booke is appointed to be read whereas by the Kalender and one rubricke in the parish booke the same is appointed not to be read  King Edw. Kalender The parish bookes Kalender Convers of Paule Morning prayer 1 lesson Ge. 46 Morning prayer 1 lesson Wisd 5 Evening prayer 1 lesson Gen. 47 Evening prayer 1 lesson Wisd 6 Purification of Mary Morning prayer 1 lesson Ex. 12 Morning prayer 1 lesson Wisd 9 Evening prayer 1 lesson Exo. 13 Evening prayer 1 lesson Wisd 12 Mathias Morn prayer 1 lesson Num. 33 Morning prayer 1 lesson Wis 19 Even prayer 1 lesson Num 34 Evening prayer 1 lesson Ecclus. 1 Annunciat of Mary Morning prayer 1 lesson Jos 21 Morning prayer 1 lesson Ecclus. 2 Evening prayer 1 lesson Jos 22 Evening prayer 1 lesson Ecclus. 3 Vpon Monday and Tewsday in Easter weeke vpon the ascension day and Whitsunday King Edwa. booke appointeth no proper Chapters for the first Lessons but only proper chapters for the second lessons and so referreth the Minister for the first lessons on those dayes to the chapters which by the common Kalender are appointed to bee read vpon those dayes Whereas the parish Booke appointed proper chapters aswell for the first as second lessons vpon all those dayes Vpon Monday and Tewsday in Whitsunday weeke by the K. book there be no proper chap. appointed for the first or secoÌ„d lesson at morning or evening prayer whereas the parish book appointed vpon Monday part of Gene. 11. at morning prayer for the first lesson and for the second lesson 1 Corint 12. And for the first lesson at evening prayer of the same day parte of the 11. of Numbers Vpon Tewsday in the same weeke for the 1. lesson at morning prayer part of the 19. 1. kings and for the first lesson at evening prayer Deut. 30.  King Edwa. Kalender The parish bookes Kalender Marke Morn prayer 1 lesson 2. K. 3 Morn prayer 1 lesson Ecclus. 4 Evening prayer 1 lesson 2. K. 4 Evening prayer 1 lesson Ecclus. 5 Philip and Iacob Morn prayer 1 lesson 2. K. 15 Morn prayer 1 lesson ecclus 7 Evening prayer 1 lesson 2. K. 16 Evening prayer 1 lesson ecclus 9 Barnabe Morn prayer 1 lesson Hest 3 Morn prayer 1 lesson ecclus 10 Evening prayer 1 lesson Hest 4 Evening prayer 1 lesson ecclus 12  King Edw. Kalender The parish bookes Kalender Peter Morn
published which hath but the shew of a booke then as it seemeth hath the Clergie no law but the shewe of a law to enforce the vse of such a booke as the State hath not authorized And therefore we may not for clearing the Clergies iust reproofe confesse an vntrueth and still conceale a kinde of iniustice vnwitting to the State executed by the Cleargie vnder a colour of Iustice as if their iniustice by colour of errour were maintainable by the State For so contrarie to all reason and good duetie which we owe to the state and to the Church we should not only interlace the innocencie of the State with the guiltines of the Cleargie but also mingle the churches industrie with the Clergies ill husbandrie It is therefore no cavill to oppose a iust and true answere to an vntrue and vnsound plea For albeit the two bookes agree in many pointes and specially in mencioning the making of a crosse c. nevertheles the parish booke can not therefore any more truely be counted that booke which is authorised by act of Parliament then can that coyne bee reckoned to be the Kings coyne which hath in it nine partes silver and the tenth part copper nether is it any more lawfull for an ordinary to presse the vse of a booke in it selfe corrupted though in many points it agree with the originall then it is sufferable for the Kings Iustices to enforce the vse of a coyne in it selfe counterfeite though in forme and charactere it be like the Kings Image and superscription Wherefore the mencion made in the parish booke of making of a crosse c. not being a matter of power sufficient to warrant the parish booke but the booke authorised by act of Parliament being a matter of power to warrant the making of a crosse c. wee may iustly avow the booke of common prayer attayned and gotten by the parishioners not to bee that booke which the Ministers in their day he ministration of divine service be bound to vse notwithstanding the making of a crosse and signing the child in the forehead with a crosse be therein mencioned If reply bee made that this plea would but litle ease or advantage the Ministers in case the right booke should be reviewed corrected and new printed we then reioyne and averre First that the day is past long since before which time this worke should have bene refined and that therefore it is now too late without a new law to reviewe and amend the same Secondly that this plea will not only but litle ease and advantage the nullities iniquities and iniustices of sentences heretofore passed by the ordinaries vnder colour of that booke but also much advantage the King and his state if his Maiestie might bee pleased to do as King Ioash king of Iudah or as K. Henry the eighth king of England did king Ioash in or about the beginning of his raigne as it seemeth having appointed the Priestes to take all the silver of dedicate thinges brought to the house of the Lord and therwith to repaire the broken places of the house wheresoever any decay was found and the Priests vntill the three and twentith yeare of his Raigne not having mended that which was decayed nor repayred the ruines of the Temple the king I say because of the Priests negligence commanded the Priests to receive no more money and tooke from them the ordering of the money and committed the same to his Secretary and to Iehoâ—ada the high Priest who gaue the money made ready into the hands of them that vndertooke the worke and that had the oversight of the house of the Lorde of whom there was no reckoning taken because they dealt faithfully If the Priestes then of our age have not only not within three and twentie but not within three and fortie yeares published that booke which is mended and corrected by the Queene her state in the first yeare of her Raigne but also for the space of eight and fortie yeares have suffered a corrupted booke to be intruded into the place of a true booke we commend it to the wisedome of our Soveraigne Lord king IAMES who is as an Angell of God to discerne betweene things that differ there being no high Priest in our dayes like faithfull as was Iehoiada the high Priest in the dayes of king Ioash whether his Maiestie might not be pleased for the redresse of this and other corruptions in the Ecclesiasticall state to appoint as king Henry the eighth did an other Cromwell to be his Maiesties Vicegerent and Vicare generall over the Clergie Vnto these differences and alterations betwene the two bookes not mencioned in the statute may be annexed both an addition of certaine new prayers and some alteration also of the forme of the old prayers to be said after the end of the Letanie By addition in the parish booke there be set three severall prayers not any one of them mencioned in the Kings booke viz. A prayer for our Bishops Curates beginning thus Almightie and everlasting God which only workest great marveilles send downe vpon our Bishops and Curats c. Secondly a prayer out of the 2. of Corint 13. 13. viz. The grace of our Lord Jesus Christ c. And thirdly a prayer beginning thus O God whose nature and propertie is ever to have mercie c. And whereas by the forme of King Edwards booke the Letanie should ever end with this collect following viz. Almightie God which hast given vs grace at this time with one accord c. and so this collect should be after the prayers for rayne for faire weather in the time of dearth in the time of warre and in the time of any common plague or sicknes as the time requireth This collect I say by King Edw. booke appointed to be said after all these prayers is by the parish booke set before all these Yea and it is to be said also before the prayer beginning O God whose nature propertie is ever to have mercy By meanes wherof the very forme and order of some prayers appointed in the Kings booke and by the statute commaunded to be vsed and none other or otherwise is so transposed and inverted as that the minister observing the parish booke can not but breake the order and forme of common prayer commanded to be vsed and so can not but cast his body one whole yeares fruites of his benefice vpon the kings Iudges and Iustices mercy Moreover besides these additions and alterations in the end of the Letany of King Edw. booke there is one prayer inserted which by the parish booke is wholy left out namely O God mercifull Father which in the time of Heliseus c. Lastly at the latter end of the communion in the kings book there is one Rubrick concerning kneeling at the communion which Rubrick is not in the parish booke the same beginneth thus Although no order c. There is also one Rubrick among those Rubricks
of conscience vpon so slender a ground of periury or contempt vpon persons every way so peaceable well qualified and wherein no scandall hath ensued we suppose it can not bee shewed among all the decrees and sentences recorded among all the Popish canonists that ever any Popish ordinaries in any age have vsed the like iudiciall rigour against any their Popish Priests It is to be noted that the foraine canon Law is none otherwise in any part of this Treatise intended to be the Kings Ecclesiasticall law then only vpon a false supposition of the Archbishops and Bishops Because the same law is yet vsed practised in their Consistories notwithstanding it hath bene long since abolished by Act of Parliament God saue King IAMES Faultes escaped in printing In the Epistle Fol. 2. pag. 1. lin 12. say we for say we Fol. 4 pag. 1. l. à fine 9. efrom for from Fol 6. pag. 1. l. à fine 3. Wincester for Winchester In the Booke Pag. 11. l. à fi 11. appointed for appointeth Pag 11. l à fi 6. appointed for appoonteth Pag. 12. the 8. line is superfluous Pag. 19 l. 7. expcessed for expressed Pag. 22 l à si 10 ad in marg 1. Mar ses 2. 6. 3. Pag. 24. l. 14. fift for fifth Pag. 24. l à fi 11. decretall for Decretalls Pag. 35. l. 11 provincalls for Provincials Pag. 36. in fine in marg diceat for dicent Pag. 37. in marg 25. is to be added to H. 8. c. Pag. 39 l à fi 10 preceptum for praeceptum ibid in mar cc. for c. Pag. 40. in mar casti for cousti contemp for contem Pag. 42. l. vlt he for the. Pag. 43 l. 17. à si enioyning for enioying Pag. 46. l. 8. Ardbishops for Archbishop Pag. 47. in f. in mar Dioceson for Diocesan Pag. 48. l. 12. Dioocasan for Diocesan Cap. 29. Act. 24. Act. 21. 38 Act. 5. 36. 37. Cod. de seditio li. 1. a Glos lind de heret c. 2 verb. sectam b Glos lind de Magis ca. 1. verb. scismatum Isa 22. 11. By whole Clergie wee meane the Archb BB. other learned of the clergie heretofore vsually assembled in convocation by the Kings writ The articles of religion 1562. were agreed vpon in convocation by the whole clergie of the Realm vide 13. Eliz. ca 12. Par in pareÌ„ noÌ„ habet im perium and therefore Yorke not subiect to Canterbury b sf de li. posthu l. cum quidá c â—f de poen l. interpretatione de poe dist l. â—poenae Lyud de celeb miss c. vle verb. animabuâ— Lind. de coÌ„cesâ—i preb â—â—esurientis verb procurantes d mag char cap. 14. Panor in 〈◊〉 querenti de verb. siguif nu 5. e Panor in c. multa de preb nu 10. ca. statut de cleâ— lib. 6. g Panor c. inquisition de sent excom nu 3. k Panor in cad aures de aeta cual â— Panor in c. per tuas ex iii. nu 3. 4. desimo L. Bald. de nihiâ—urand l vide Simon de Graph. de casibus conscientiae pa. 359. Exacting the oath 1. Part. 33. The institutioÌ„ of a christian maÌ„ dedicated to K. H. 8. fol. 57. 58. Answer Reply Fol. 57. 7. Constit oâ— c. ecclesias ne dig traâ— ad sir. glossa ibid verb â—â—â—ltitudinis 8. Panor in 1. de cler â—grot 〈◊〉 dist faperversuÌ„ extra de t. aegrot 〈◊〉 totum â—ag chart 〈◊〉 H. 8. c. 〈…〉 â—9 â—liza c. 2 â— 6. The second part of the right vse of the Church Obiection Answere Obiection Answere 2 K. 12. 4. 5 Note that the Lordes only not Lordes spirituall and temporall are mencioned spirituall Lordes therefore were not of this Parliament For by divers statutes when only Lords are mencioned temporall Lordes are included and spiritual Lords excluded Sir Edward Cooke de iure reg eccle fol. 9. The order where morning evening prayer c. fol. 1. Obiection Answere Lind de celebra Missae c. lâ—â—theamina The Bishop by his ordinary iurisdictioÌ„ hath no authority to deprive a minister for not wearing a Surplice ff Si quis ius diceat non obte l 1. l 2. si quis in iuâ— vocat Foraine canoÌ„ law abolished 25. H 8. c. 19. A Bishop by the forrain canon lawe hath no iurisdiction An ordinarie by the Kings ecclesiastical law cannot impose an arbitrarie peyne for not wearing a Surplice Obiection Answere a Lind. de constitut ec quia incontinentiae verb praecipimus b verb. praecipimus ex de conc praeb c. quia c. vlt. de elect Lind de casti quia verb neglexerit Lind. de sen ten excom verb. contemp glos in verb contempseâ—it c. 1. de appell li. 6. Luke 1. Answer Reply Cooke de lure regis eccle fol. 8 fol. 53. fol. 55. Do. Sutclif Doct. Bilson 2. part of the right vse of y e Church If Diocesan Bishops bee scripturely Bishops theÌ„ may they stand without y â— King Dioceson Bishops hither to vphelde only by the lawes of the Realme fol. 59. 60.