up and
approved by ecclesiastical authority, on the first
occasion it is not quite clear after what fashion, on the
last occasion by the unquestioned exercise of synodical
powers. This Book, so approved, was then, by
authority of Parliament, imposed upon the whole
nation. This being clearly the case on the two
occasions when the procedure is free from ambiguity,
I think we may fairly argue for the same construction
of those proceedings, on the other two occasions, which
are more open to question. The policy of the Acts
of Uniformity is to be taken as a whole. The writer
of the paper in the Record Office to which I have
referred, purporting to give an account of what was
done in 1559, explains that parliamentary action is
limited to enforcing the use of the Book by penalties.
Further authority than this, he says emphatically, is
not in the Parliament. Writing early in the seventeenth
century he sets out exactly the procedure
followed in 1662. He describes, in fact, the policy of
Uniformity, which was, therefore, not peculiar to the
last occasion. [40]

I shall describe it negatively. The Parliament
was not legislating for the regulation of divine worship.
In 1662, as we have seen, both Houses, while stiffly
maintaining their right to interfere, expressly declined
that task, and declared it the proper work of Convocation.
This was not from want of interest. The
Commons were eager to have some further rules for
"reverend gestures." But these things were to be
regulated rather by canon than by statute. The Convocation
was not even asked to prepare something for
submission to Parliament; "some canon or rule,"
enacted by Convocation with royal assent, would be
the sufficient and proper authority. [41] There could be
no clearer proof, that, according to the mind of Parliament,
Convocation has full powers, and is the proper
authority, for dealing with such matters.

But even if this be so, it is urged, on the other
hand, that what is contained in the Prayer-book is
actually prescribed and stands by authority of Parliament.
The Book annexed is treated as a schedule
of the Act of Uniformity. It is, says Dr. Stephens,

part of the statute law of the land; and all the legal
and equitable principles of construction which apply
to statutes in general, equally apply to the Book of
Common Prayer. [42]

This opinion, supported as it is by a general
consent of high authorities, I venture to contest.
What is meant