Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	day_n	parliament_n	session_n	3,425	5	10.6408	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A48285	Erastus Senior scholastically demonstrating this conclusion that (admitting their Lambeth records for true) those called bishops here in England are no bishops, either in order or jurisdiction, or so much as legal : wherein is answered to all that hath been said in vindication of them by Mr. Mason in his Vindiciæ ecclesiæ Anglicanæ, Doctor Heylin in his Ecclesiæ restaurata, or Doctor Bramhall ... in his last book intituled, The consecration and succession of Protestant bishops justified : with an appendix containing extracts out of ancient rituals, Greek and Latine, for the form of ordaining bishops, and copies of the acts of Parliament quoted in the third part.	Lewgar, John, 1602-1665.	1662 (1662)	Wing L1832; ESTC R3064	39,391	122

added to the Book of Common-Prayer and administration of the Sacraments as a member of it or at least an appendant to it and therefore by 1. Eliz. was restored again together with the said Book of Common-Prayer intentionally at the least if not in terminis But being the words in the said Statute were not clear enough to remove all doubts they did therefore revive it now and did accordingly enact c. when there is not any one of these sentences in the Act I do not say in words but not so much as in sense nay when the Act supposed the contrary as is shown supra The seventeenth Chapter Confirming the Argument by the proceedings in Bonners Case and urging the first inference for the opinion of the Judges THis that I have urged that that part of the Act of Edw. 6. for the Book of Ordination was not revived afore 8. Eliz. and consequently they no legal Bishops afore that Act is so true as that it was the opinion of even the Protestant Judges at that time and of the Parliament that made that Act as may be manifestly inferred from the proceedings of the Judges and Parliament in the Case of Bonner and Horn which was this By the first Session of that Parliament 5. Eliz. 1. power was given to any Bishop in the Realm to tender the Oath of Supremacy enacted 1. Eliz. to any Ecclesiastical person within his Diocess and the refuser was to incur a Premunire Mr. Horn the new Bishop of Winchester tenders by vertue of this Statute the Oath unto Doctor Bonner Bishop of London but deprived by Q. Eliz. and then a Prisoner in the Marshalsea which was within the Diocess of Winchester Bonner refuses to take it Horn certifies his refusal into the Kings Bench whereupon Bonner was indicted upon the Statute He prayes judgement Dyar fol. 234. whether he might not give in evidence upon this Issue Quod ipse non est inde culpabilis eo quod dictus Episcopus de Winchester non fuit Episcopus tempore oblationis Sacramenti And it was resolved by all the Judges at Serjeants Inne that if the verity and matter be so indeed he should well be received to give in evidence upon this Issue and the Jury should try it After which we hear no more of the Indictment And at the next Session of that Parliament which was 8. Eliz was revived the Act of Edw. 6. for the Book of Ordination and enacted That all that have been or shall be made Ordered or Consecrated Archbishops Bishops c. after that Form of Edw. 6. be in very deed and by authority hereof declared and enacted to be and shall be Archbishops Bishops c. and rightly made Ordered and Consecrated any Statute Law Canon or other thing to the contrary notwithstanding But with this Proviso that no person shall be impeached by occasion or mean of any Certificate by any Archbishop or Bishop heretofore made or before the last day of this Session to be made by vertue of any Act made in the first Session of this Parliament touching the refusal of the Oath enacted 1. Eliz. And that all tenders of the said Oath and all refusals of it so tendered or before the last day of this Session to be tendered by any Archbishop or Bishop shall be void Now from this Story I make two inferences to my purpose The first that in the opinion of the Judges at that time the Act of Edw. 6. for the Book of Ordination was not revived by 1. Eliz. and so Horn was no Legal Bishop For otherwise there is no reason imaginable why Horn would not joyn issue with Bonner upon that point non fuit Episcopus tempore oblationis Sacramenti and so come to a trial of it The eighteenth Chapter Refusing the shifts used by Mr. Mason and Doctor Heylin to evade this inference MAster Mason puts this for our Question l. 3. c. 11. n. 6. Quae ratio dilatae Sententiae whereas that is not our question but this Why did not Horn joyn issue c. and to avoid the true one gives other reasons for it but very frivolous ones as will appear by the Answers 1. Reas Bonner's Counsel though they pleaded Horn was no Bishop yet for ought appears by Dyar they gave no reason for it It seems therefore that the Judges allowed them longer time to produce their reasons that so the dignity of the Bishops might shine more clear Ans Doctor Heylin saith Bonners Councel did give their reason p. 2. f. 173. viz. that the Form of Edw. 6. had been repealed by Q. Mary and so remained at Horn 's pretended Consecration But I suppose it a mistake of his for it is not the use in the entring of a Plea to give a reason of it for that is to be shewn and pleaded at the hearing which this cause never came to And therefore that could be no reason of the delay of sentence 2. Reas Other Jurors were to be warned out of Surrey afore sentence could be given Ans It was not time to warn Jurors afore Issue joyned which this never was And when they were to be warn'd it was but out of Southwark which might have been against the next term and so could be no reason why sentence was delayed two years or near upon as it was betwixt this pleading at Serjeants Inne and the Session of 8. Eliz. 3. Reas Whilst the Suit was depending which began 7. Eliz. a Parliament was held 8. Eliz. in which all suits depending for refusal of the Oath of Supremacy were dissolved Ans He is out in his reckoning For Horn thirsting after Bonners ruine who it is thought was the man chiefly aimed at in that Act began the Suit soon after that Act of 5. Eliz. and procured him to be Indicted and Bonner demurr'd to it which as Doctor Heylin saith being put off from Term to Term came at last to be debated among the Judges at Serjeants Inne which was in Michaelmas Term which began in 6. Eliz. betwixt which and the Parliament was two years or near upon So that Act could be no reason why it was delayed all that time after the Judges had made that Rule for the Issue and trial of it Doctor Heylin therefore gives another reason for it and I believe the true one p. 2. f. 173. viz. that it was advised which he must mean by the Judges to Horn for it was not in the power of Bonner being Defendant to refer it that the decision of the point should rather be referred to the following Parliament And of this advice he gives this reason for fear such a weighty matter might miscarry by a contrary Jury Ans But this could be no reason because the Decision of the point in Law upon which rested the whole difficulty and which alone could be referred to the decision of the Parliament viz. whether the Form of Edw. 6. were Legal or whether one Consecrated by that Form were a Bishop

be used or had in or about the same but that every thing requisite and material for that purpose hath been made and done as precisely and with as great a care and diligence or rather more as ever the like was done before her Majesties time as the Records of her Majesties said Fathers and Brothers time and also of her own time will more plainly testifie and declare Wherefore for the more plain Declaration of all the premises to the intent that the same may be better known to every of the Queens Majesties Subjects whereby such evil speech as heretofore hath been used against the high State of Prelac● may hereafter cease Be it now declared and enacted that the said Act and Statute made in the first Year of the Reign of our said Sovereign Lady the Queens Maiesty whereby the said Book of Common-Prayer and the Administration of Sacraments with other Rites and Ceremonies is authorized and allowed to be used shall stand and remain good and perfect to all respects and purposes And that such Order and Form for the Consecrating of Archbishops and Bishops and for the making of Priests Deacons and Ministers as was set forth in the time of the said late King Edw. 6. and added to the said Book of Common-Prayer and authorized by Parliament in the 5. and 6. Year of the said late King shall stand and be in full force and effect and shall from henceforth be used and observed in all places within this Realm and other the Queens Majesties Dominions and Countreys And that all Acts and things heretofore had made or done by any person or persons in or about any Consecration Confirmation or Investing of any person or persons elected to the Office or Dignity of any Archbishop or Bishop within this Realm or within any other her Majesties Dominions or Countreys by vertue of the Queens Majesties Letters Patents or Commission sithence the beginning of her Reign be and shall be by authority of this present Parliament declared judged and deemed at and from every of the several times of the doing thereof good and perfect to all respects and purposes any matter or thing that can or may be objected to the contrary thereof in any wise notwithstanding And that all persons that have been or shall be made Ordered or Consecrated Archbishops Bishops Priests Ministers of Gods holy Word and Sacraments or Deacons after the Form and Order prescribed in the said Order and Form how Archbishops Bishops Priests Deacons add Ministers should be Consecrated Made and Ordered be in very deed and also by authority hereof declared and enacted to be and shall be Archbishops Bishops Priests Deacons and Ministers and rightly Made Ordered and Consecrated any Statute Law Canon or other thing to the contrary notwithstanding Provided alwayes and nevertheless be it enacted hy the authority aforesaid that no person or persons shall at any time hereafter be impeached or molested in body lands lives or goods by occasion or mean of any Certificate by any Archbishop or Bishop heretofore made or before the last day of this Session of Parliament to be made by vertue of any Act made in the first Session of this present Parliament touching or concerning the refusal of the Oath declared and set forth by Act of Parliament in the first Year of the Reign of our said Sovereign Lady Q. Elizabeth any thing in this Act or any other Act or Statute heretofore made to the contrary notwithstanding And that all tenders of the said Oath made by any Archbishop or Bishop aforesaid or before the last day of this present Session to be made by authority of any Act established in the first Session of this present Parliament and all refusals of the same Oath so tendered or before the last day of this Session to be tendered by any Archbishop or Bishop by authority of any Act established in the first Session of this present Parliament shall be void and of none effect or validity in the Law FINIS Since the Printing of this they have acknowledged the justness of our Exception to their Forms by amending them in their New Book authorized by the late Act for Vniformity the Form of Ordaining a Bishop thus Receive the Holy Ghost for the Office and Work of a Bishop c. In the name of the Father c. the Form of Ordaining a Priest thus Receive the Holy Ghost for the Office of a Priest c. But this comes too late for the past Ordinations and consequently also for the future because being no Bishops now they cannot Ordain validly by 〈◊〉 Form whatsoever Page 79. line 8. c. dele these words making it treasonable to take Orders from the Sea of Rome Pag. ead lin 15. after the word Spiritual insert these words all the Bishops then present in Parliament dissenting to those two Acts of 1. Eliz. and in the ensuing Parliaments Pag. 80. lin 5. for 20. read 25. Pag 87. lin 22. for authorized read inthronized Pag. 90. lin 26. for the read this