A Trial of Subscription, Part 2
Inducements to make a Quaere, whether peaceable omiſſion, onelyonly of ceremonies, be puniſhable by 1o Eliz. Cap. 2o.
When that ſtatute was made, the law makers did not imagine, That any (willing to obſerue the forme of ſeruice & Sacraments) would make ſcruple of ſo few ceremonies reteyned, conſidering Poperie was but then reformed: And therfore (as it may be probably coniectured) they neuer thought of prouiding puniſhment for omiſſion only of ceremonies. Which may be the rather ſuppoſed, if theſe Inducements from the ſtatute it ſelfe be well conſidered.
VVHEREAS the ſaid ſtatute prouiding againſt 3 offences touching the booke of cōmon prayer, To wit, 1. Refuſing: 2. Wilful vſing anie other. And 3. Deprauing the ſame, expreſſeth rites & ceremonies in the 2. latter; but in the 1. ſpeaketh onelyonly of forme & order of prayer, and Sacramentes; In all likelihood it was not intended to puniſh peaceable omiſſion only of ceremonies, ſo the forme bee obſerued. For if there had ben anie ſuch meaning, ceremonies would have bin mēcioned eſpecially in the firſt place.
But the Law makers (who in that ſtatute appoint degrees of puniſhments) wiſely conſidered: That how ſoeuer wilfull vſing anie other forme or ceremonie, and deprauing either forme or ceremonie preſcribed were daūgerous in policy; Yet peaceable omiſſion only of ceremonies could not be daūgerous; and therefore not to be puniſhed with like ſeueritie.
AND the rather, becauſe ceremonies are ſubiect to inconueniences. For which cauſe authority is giuē vntounto her Majeſtie, to add or alter by aduice. So that it appeareth, that ceremonies, were not ſo eſtabliſhed, as the forme. And therefore reaſon why the law-makers ſett downe no puniſhment for peaceable omiſſion only of ceremonies, ſo the forme be obſerucd.
THAT by forme and order, the ſtatute underſtandeth (not ceremonies) but the texte, wordes, or matter, to be read in ſeruice and adminiſtration of Sacramentes; Appeareth by authorizing the forme and order of King Edwardes booke (ſet forth in the fifth and ſixt yeares of his raigne) with one alteracion or addicion of certen leſſons, &c. But no word of alteration or addition of ceremonies in that place, as afterward: Where wee are referred to the ſecond yeare of his raigne. Which is to be noted.
LASTLY, vſing another forme, is not puniſhed by that ſtatute, but as it is wilfull, and ioyned with refuſing the forme preſcribed. Therefore it may be probably conceiued, that peaceable omiſſion (not of diuine ſeruice), but onelyonly of ceremonies, is not puniſhable by the ſtatute with ſo great ſeueritie.
THE Hypotheſis of theſe Inducements is a perſwaſion, That where the minde of the lawe is not manifest, there a fauorable conſtruction, (not contrary to expreſſe words) is to be made for the beneſitt of the ſubiect: But that ſtatute doth not cleerely prouide puniſhment for omiſsion of ceremonies, when the forme is obſerued: Therefore Miniſters, (ſubiectes not of the worſt ſort) diſtreſſed by the priuation and ſuſpenſion (puniſhmentes not of the leaſt ſorte) moſt humbly deſire an explanation of the ſaid ſtatute.
FINIS.
End of the text · William Bradshaw, A Trial of Subscription (1599)