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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

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so far from shewing the Catholiques their errour touching the nullity of their Bishops as it served rather to confirm them in it 4. I cannot think Master Mason was so simple as either to believe it himself or hope to perswade it to any reasonable man either that the Parliament had any such hope of Bonner and his fellows or if they had that that hope should move them to shew such favour to men that had so impudently flown upon their Bishops onely for offering an Oath to them which the Law authorized them to do or if they did that they would not have intimated that to have been the reason of their favour thereby to prevent the adversaries misconstruction of it nor have limited that favour to such who should at length be wise and not snarl any more at their Consecrations nor have appointed sentence to be first given for their being Bishops and then the Delinquents to have their pardons upon suing out but wholly annul the Indictments and all Certificates of their Bishops Doctor Heylin saith par 2. fol. 174. This favour was indulged to them of the Laiety in hope of gaining them by fair means to a sense of their duty to Bonner and the rest of the Bishops as men that had sufficiently suffered upon that account by the loss of their Bishopricks Refut But 1. no favour could be intended to them of the Laiety because the Act of 5. Eliz. authorized not the tendring of the Oath to any but Ecclesiastical persons 2. The favour was indulged not to deprived Bishops onely but to all Deans Archdeacons Prebends Parsons Vicars c. and to them that had yet perhaps lost nothing as well as to them that had 3. As soon as their Bishops should be Legal that is presently after that Session the penalty of that Law was to be inflicted on all alike as well the deprived Bishops as any other Doctor Bramhal therefore gives a more likely reason of those Proviso's viz. the ambiguity of the Act of 1 Eliz. whether it had revived the Book of Ordination pag. 99. or not Although saith he the Case was so evident and was so judged by the Parliament that the Form of Consecration was comprehended under the name and notion of the Book of Common-Prayer yet in the Indictment against Bonner I commend the discretion of our Judges and much more the moderation of the Parliament Criminal Laws should be written with a beam of the Sun without all ambiguity Refut But neither will this reason hold water For 1. the Case was not evident that the Book of Ordination was revived with the Liturgy as a part of it but rather evident it was not for the reasons given supra 2. The Case was not so judged by the Parliament but rather the contrary as is shewed supra 3. How could the Case be evident and yet Ambiguous as he saith both 4. Had it been meer moderation of the Parliament by reason of the ambiguity of the Law they might and no doubt would have intimated as much and considering the conjuncture of things have found out some other way of shewing that moderation as by pardoning the Delinquents c. then by annulling the Indictment after such a plea entred by Bonner that Horn was no Bishop for this could signifie no less then an acknowledging of the Plea The one and twentieth Chapter Proving the second part of the reasor that it was not revived then THe second part of my reason that the Act of Edw. 6. for the Book of Ordination was not revived by 8. Eliz. is proved because the Act of Queen Mary for repeal of it was never yet repealed and so being then in force was an obstacle to the Legal reviving of King Edwards Act because two repugnant Laws as those were cannot be both in force and the Act of Q. Eliz. being the latter could not be in force till the other were repealed If it be said Queen Maries Form was repealed virtually and in the intention of the Law-maker by authorizing another 1. This is not sufficient because an Act of Parliament is not legally repealed but by express words 2. Grant it were sufficient yet Queen Maries Form was not repealed so much as virtually because a Law cannot be abrogated but by as great an authority as made it which this was not because Queen Maries Act was made by a full Parliament or by all the three Estates Lords Spiritual Temporal and Commons whereas the repeal was but by two thirds of the Parliament or by two Estates onely the Lords Temporal and Commons those that then sate upon the Bishops Bench in the Lords House being no Bishops as is proved supra and all the Catholique Bishops then living which were the rightful Bishops being by unjust force hindered from being present and dissenting to what was done I say by unjust force because neither were they deprived by any judicial sentence whence it was found needful afterward to make their deprivations good by a Law 39. Eliz. 1. nor was that Act of 1. Eliz. which enacted the Oath of Supremacy and involved the refusers of it in a Premunire by vertue whereof they were by force put out of their Bishopricks and kept in prison a Legal Act for reasons given infra If it be said the authority of the two Estates if they were no more was as great formally as of all the three because the Bishops are no essential part of the Parliament 1. This is said gratis for they are and when no violence hath been on foot against them ever have been counted an essential part And this Parliament now in being seems to acknowledge as much when speaking of the Act of the Long Parliament for abolishing the Bishops Jurisdiction 13. Car. 2.2 they say it contained divers alterations prejudicial to the constitution and ancient rights of Parliament and contrary to the Laws of the Land meaning principally the excluding them from their Votes in Parliament and so thereby implying that they were a constitutive part of the Parliament by ancient Right and the Law of the Land 2. Granting as it may be true in case of necessity as now when there are no Bishops in the Land that they were no necessary part absolutely or as to all affairs namely not as to the making of Civil Laws or which should concern the Subjects in common yet certainly in Acts that purely concern Religion and the Clergy in particular it must be said in reason they are an essential part because they alone are to be supposed knowing in Gods Law and they being so considerable a part of the Nation cannot be concluded by the Laws there made unless they have some to represent them and interpose in their behalf which they have none there but the Bishops And so for this reason this act of 8. Eliz. for authorizing the Form of Consecrating Bishops and the first and second Acts of 1. Eliz. for enacting the Oath of Supremacy in causes Ecclesiastical making it
post priorom antiquissimus Oratio ad Ordinandos Episcopos Oremus dilectissimi c. ut supra Benedictio Episcoporum Adesto supplicationibus nostris omnipotens Deus quod humilitatis nostrae gerendum est ministerio virtutis tuae impleatur effectu Alia Propitiare Domine supplicationibus nostris inclinato super hunc famulum tuum cornu gratiae Sacerdotalis c. Consecratio Deus honorum omnium c. ut supra ...... coelestis unguenti flore sanctifica Hîc mittatur Chrisma super Caput ejus Hoc Domine copiosè c. ut supra Incipit Ordinatio Episcopi MS. Ecclesiae Rotomagensis scriptus circa ann 900. in pro Angliâ Episcopum qui Ordinandus est duo Episcopi per manus de Secretario antequam Evangelium legatur deducant ante Altare eo inibi prosternato ab Archiepiscopo inchoetur Letania quâ finitâ eo erecto ponatur Evangelium super scapulas ejus has dicant Episcopi super eum orationes Oremus dilectissimi c. ut supra Alia Adesto Domine c. ut supra Alia Propitiare Domine c. ut supra Solus vero Archiepiscopus hanc dicat Consecrationem caeteris astantibus duobus Episcopis Evangelium super ipsum qui Ordinandus est tenentibus Deus honorum omnium c. ut supra rore sanctifica Hîc mittatur Chrisma c. Item alia super Episcopum Pater sancte c. ut per te in summum ad quod assumitur Sacerdotium Consecretur c ...... Consecratio manuum Episcopi oleo sancto Chrismate Hîc mittatur Oleum super caput ejus Vngatur Consecretur caput tuum in coelesti benedictione in Ordinem Pontificalem In nomine Patris c. MS. in Monast S. Germani in Suburb Paris scrip ante ann 950. Finita Letaniâ duo Episcopi tenentes librum Evangelii super scapulas Archiepiscopus benedicat eum Adesto Domine c. ut sup Alia Propitiare Domino c. ut sup Consecratio ab Archiepiscopo solo dicenda Deus honorum omnium c. MS. in Bibliotheca Canonic Regular S. Victoris in Suburb Paris circa ann 1100. Duo Episcopi ponant teneant textum Evangelii apertum super caput ejus D. Metropolitanus infundens Benedictionem super eum dicat lentâ voce Oremus dilectissimi c. Sequitur Benedictio Propitiare Domine c. Prefatio Deus honorum omnium c. ut supra Acts of Parliament 25. H. 8.20 IF the person be elected to the office of an Archbishop the King shall by his Letters Patents signifie the said election to one Archbishop and two other Bishops or else to four Bishops to be assigned by the King requiring and commanding him or them to confirm the said election and to invest and Consecrate the said person so elected to the office and dignity that he is elected unto and to give and use to him such Pall and all other Benedictions and Ceremonies and things requisite for the same And every person being hereafter elected invested and Consecrated to the dignity or office of any Archbishop or Bishop according to the tenor of this Act shall and may be authorized and installed c. and shall and may do and execute in every thing and things touching the same as any Archbishop or Bishop of this Realme without offending the prerogative Royal of the Crown and the Laws and Customs of this Realm might at any time heretofore do 5. 6. Edw. 6. 1. An Act for the Uniformity of Common Prayer and Administration of the Sacraments WHereas there hath béen a godly order set forth by authority of Parliament for Common Prayer and Administration of the Sacraments c. the King hath by the authority of the Lords and Commons in this Parliament assembled caused the aforesaid order of Common Service entituled The Book of Common Prayer to be explained and made perfect and by the aforesaid authority hath annexed and joyned it so explained and perfected to this present Statute adding also a form and manner of making and Consecrating of Archbishops Bishops Priests and Deacons to be of like force authority and value as the same like foresaid Book of Common Prayer was before c. If any shall wittingly hear and be present at any other manner or form of Common Prayer of administration of Sacraments of making Ministers in the Churches or of any other Rites contained in the Book annexed to this Act then is mentioned and set forth in the said Book c. 1. Eliz. 2. That there shall be Uniformity of Prayer and Administration of Sacraments WHereas at the death of our late Sovereign Lord King Edw. 6. there remained one uniform order of Common Service and Prayer and of the administration of Sacraments Rites and Ceremonies in the Church of England which was set forth in one Book intituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England authorized by Act of Parliament holden in the 5. and 6. years of our said late Sovereigne intituled An Act for the Uniformity of Common Prayer and Administration of the Sacraments the which was repealed by Act of Parliament in the first year of the Reign of our late Sovereign Queen Mary to the great decay of the due honour of God and discomfort to the Professors of the truth of Christs Religion Be it therefore enacted c. that the said Estatute of Repeal and every thing therein contained onely concerning the said Book and the Service Administration of the Sacraments Rites and Ceremonies contained or appointed in or by the said Book shall be void and of none effect And that the said Book with the order of Service and of the Administration of Sacraments Rites and Ceremonies with the alterations and additions therein added and appointed by the Estatute shall stand and be in full force c. 8. Eliz. 1. All Acts made by any person since 1. Eliz. for the Consecrating Investing c. of any Archbishop or Bishop shall be good FOrasmuch as divers questions by overmuch boldness of speech and talk amongst many of the common sort of people hath lately grown upon the making and Consecrating of Archbishops and Bishops within this Realm whether the same were and be duly and orderly done according to the Law or not which is much tending to the slander of all the state of the Clergy being one of the greatest States of this Realm Therefore for the avoiding of such slanderous spéech and to the end that every man that is willing to know the truth may plainly understand that the same evil speech and talk is not grounded upon any just matter or cause It is thought convenient hereby partly to touch such authorities as do allow and approve the making and Consecrating of the same Archbishops and Bishops to be duly and orderly done according to the Lawes of this Realme and thereupon further to provide for the
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 Vindiciae Ecclesiae Anglicanae Doctor HEYLIN in his Ecclesia Restaurata or Doctor BRAMHALL then called Bishop of DERRY now Primate of ARMAGH 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. Printed in the Year 1662. To the Reader THe intent of this Treatise is onely of my Charity to my Friends and Countreymen of the Protestant Profession to shew them this great Defect in their Church the want of Bishops thereby to invite them into ours which even by the confession of her adversaries wants them not And the intent of this Preface is onely to note to them the greatness of this defect in their Church from the hideous Consequences of it For if theirs be no Bishops either in Order or Jurisdiction as this discourse undertakes to demonstrate this will follow First that theirs being no Bishops Ordine they cannot validly Ordain either Bishop Priest or Deacon and so they have none of these Orders in their Church nor have had since the death of those that were Ordained by our Bishops Secondly that theirs being no Bishops Jurisdictione or Pastors of Cathedral Churches they cannot validly Institute a Pastor to any Parochial Church for none but a Pastor can Institute a Pastor and so they have no Pastors in their Church nor have had since the outing of the Catholique Bishops Parsons and Vicars in the beginning of Queen Elizabeths Reign Thirdly that theirs is no true Church or Member of the Catholique for want of Pastors it being an essential part of the Catholique Church Fourthly that Salvation cannot be had in their Church because no Member of the Catholique out of which no Salvation Fifthly that the beleif they have of the Scriptures Trinity Incarnation Death and Merits of Christ and other Mysteries of Christian Religion is no Divine or Supernatural but Moral or Humane Faith onely which cannot avail to eternal Salvation because they believe them finally or in the last resolution of their Faith into the witness or proponent of Gods Word to them upon the testimony of preachers having no mission from God Sixthly that the hope they have of remission of Sins of obtaining Eternal Beatitude by the merits of Christ and of other Evangelical promises is no Divine but Moral or Natural Hope onely which hath no efficacy to an eternal recompence because it cannot be Diviner then the Faith is upon which it is and must be grounded and theirs is but Humane Faith Seventhly that their Ministers having no power because no Priests to remit Sins every time they receive the Communion since they committed Mortal Sin they eat and drink it unworthily and consequently 1 Cor. 11.29 to their owne Damnation because they presume to eat and drink of that which they believe to be the Body and Blood of Christ Catechism in the Book of Common-Prayer which is verily and truly received of the faithful with a Soul foul and abominable to God with Mortal Sin as it must needs be because since Christ Instituted the Word of Priestly Absolution for the ordinary means of giving that grace viz. when he said to his Apostles S. John 20.22 whose Sins you remit they are remitted no Mortal Sin committed after Baptism can be remitted but by that means at least in voto which cannot be supposed in a wilful Protestant which means theirs being no Priests they cannot have in their Church And for the same reason at their Death they go away with all the Sins upon their Soul that ever they committed Eighthly that their Ministers having no power because no Priests to Consecrate Christs Body and Blood they live and dye without ever once offering to God that Sacrifice which is the principal and most necessary Act of Divine Worship under the New Testament the oblation of the Body and Blood of Christ in remembrance of his death and without ever once partaking of that Flesh and Blood of his S. John 6.54 of which he said Except ye eat and drink of it ye shall have no life in you Lastly that every time any of their Bishops presume to Ordain Confirm Excommunicate Institute a Parson or Vicar or exercise other Act of the Episcopal Office or any of their Ministers to Preach Baptize Celebrate publick Divine Service Consecrate the Eucharist take Confessions give Absolution or exercise other Act of Priestly Function so often do they commit the hainous Sin of Sacriledge in which the people are involved with them so often as they do communicate with them in or cooperate to those Sacrilegious Presumptions The Contents Chap. 1. PRoving the first part of the Conclusion the Protestant Bishops are no Bishops ORDINE and urging the first Reason the invalidity of the Form whereby they were Ordained page 1 Chap. 2. Replying to Doctor Bramhall's Answer 5 Chap. 3. Answering Doctor Bramhall's Allegations for their Form and in this Chapter his first Allegation from Christs example 9 Chap. 4. Answering his second Argument from the Romane Form 10 Chap. 5. Answering his third Argument from Cardinal Pool's Dispensation 13 Chap. 6. Vrging the second Reason invalidity of the Minister 21 Chap. 7. Replying to Doctor Bramhall's Answers 24 Chap. 8. Proving the second part of the Conclusion that they are no Bishops OFFICIO viz. For want of Jurisdiction in the Consecrators and urging the first Reason want of the Patriarch's consent 30 Chap. 9. Vrging the second reason their having no Jurisdicton but from the King and bringing the first proof of it from their own acts and confessions 34 Chap. 10. Bringing the second Proof from other publick Acts. 38 Chap. 11. Bringing the third Proof from the Consecration of Matthew Parker 39 Chap. 12. Replying to Doctor Heylins Answer 45 Chap. 13. Proving the third part of the Conclusion that they are no legal Bishops and urging the first Reason because the Act of H. 8. for the Roman Form is still in force 49 Chap. 14. Vrging the second Reason because the Act of Edw. 6. for the Book of Ordination being repealed by Queen Mary is not yet revived and proving the first part of the reason that it was not revived afore 8. Eliz. 50 Chap. 15. Replying to Doctor Bramhall's Answer 52 Chap. 16. Noting Doctor Heylin's varying from himself and falsifying the Act of 8. Eliz. 58 Chap. 17. Confirming the Argument by the proceedings in Bonners Case and urging the first inference for the opinion of the Judges 60 Chap. 18. Refuting the shifts used by Mr. Mason and Doctor Heylin to evade this inference 63
his Superiour must be one nor the Metropolitane of a Province but the Primate of the Nation or some person authorized by him or his Superiour must be one And consequently by parity of reason nor the Primate of any Nation but the Patriarch of that part of the world or some person having faculty from him must be one This was long ago defined or declared by the first Council of Nice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mos antiquus obtitineat in Egypto Lybia Pentapoli ut Episcopus Alexandrinus horum omnium habeat potestatem c. Vniversim autem illud manifestum est quod si quis absque consensu Metropolitani fiat Episcopus hunc magna Synodus definivit non debere esse Episcopum Can. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is particularly and principally the Consecrating of their Primates c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ecclesiastical Superior to that See 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And afore that by the Canons called the Apostles (a) Can. 35. and since that hath been confirmed by the great Council of Chalcedon (b) Can. 27. and divers other Councils and received by the practise and consent of the Universal Church from that time to this day Consequently the Patriark of the West the Bishop of Rome being the unquestionable rightful Metropolitane to the Primate of this Nation the Archbishop of Canterbury and the Founder of that See no number of Bishops in this land can validly Confirm or Consecrate him but the Bishop of Rome or by Faculty or Commission from him or at least not without his consent implicite or reasonably presumed And so there having been no rightful Primate of this Nation since the beginning of Queen Elizabeths Reign for want of the Popes consent to his Consecration there hath been no Bishop validly Confirmed or Consecrated in it since that time not can be till the Popes consent can be had The ninth Chapter Vrging the second reason their having no Jurisdiction but from the King and bringing the first proof of it from their own acts and confessions MY second Medium shall be because they have no Jurisdiction to these acts but what they have originally from the King who can give them none And First that he can give them none to these acts I suppose will be granted because to Institute or create a Pastour to a flock of Clergy and people is plainly a power of the Keyes which themselves acknowledge no temporal Prince as such hath And they give a good reason for it Dr. Bram. pag. 63. because the power of the Keyes was evidently given by Christ in Scripture to his Apostles and their Successours not to Sovereign Princes Hence Queen Elizabeth in her Commission to them as were to Confirm and Consecrate Matthew Parker to the See of Canterbury would not use the words assign constitute or authorize as is used in all other Commissions but onely required them to Confirm and Consecrate him and do all other things which in this behalf belonged to their Pastoral Office thereby acknowledging that these were acts of the Pastoral Office which she could not authorize but onely command them to perform Secondly that they have no Jurisdion to these acts but what they have originally from the King may be shewed many wayes I shall make use of three The first shall be from their own acts and confessions As 1. Eccl. Rest in pref That Doctor Heylin notes of Q. Elizabeth as commendable in Her that she looked upon Her self as the sole fountain of both Jurisdictions temporal and spiritual For if she the sole fountain of both then they that Confirmed and Consecrated Matthew Parker and Her other first Bishops had no Jurisdiction for it but what they derived from Her 2. That afore their Consecration they take 1. the Oath of Supremacy whereby they acknowledge the King to be the onely Supream Governour as well in all Spiritual or Ecclesiastical things or causes as Temporal For if so they cannot exercise any Spiritual Jurisdiction in foro exteriori as this is to Confirm and Consecrate a Pastour but what must be derived from him Nor can they say that by the Supream Governour in that Oath is meant onely the Supream political Governour 1. Eliz. 1. for the Act that established that Oath declares it to belong to the Kings Supremacy to use and exercise all such Jurisdictions Spiritual and Ecclesiastical as by any Spiritual and Ecclesiastical power or authority hath heretofore been or may lawfully be used over the Ecclesiastical State of this Realm and consequently to authorize any Bishops in the land as the Pope afore did to Confirm and Consecrate Archbishops and Bishops and so that none might Confirm or Consecrate any but by authority from the King as afore they might not but by authority from the Pope nay it gives to the King more authority and in this very kinde then the Pope can exercise or ever pretended to viz. to assign and authorize any persons as he shall think meet Bishops or not Bishops Clerks or Laymen so they be his natural born Subjects to exercise under him all manner of Jurisdictions and Authorities in any wise touching or concerning any Spiritual Jurisdiction within this Realm and consequently to Confirm or Consecrate Archbishops or Bishops of any Sees for this is a spiritual Jurisdiction 2. Besides this they take a particular Oath of Homage whereby they acknowledge to hold thir Archbishoprick or Bishoprick with all authority jurisdiction priviledges revenues and all else thereunto belonging solely and onely from his Majesty If all their Jurisdiction from him solely they can have no authority to constitute a Pastour of a Cathedral or Metropolitical Church but what they must have from him The tenth Chapter Bringing the second Proof from other publick Acts. THe second way of proof shall be from other publick Acts and proceedings approved by them by which it appears that the King can and sometimes does at his pleasure limit controul suspend or utterly deprive the Bishops of their Jurisdiction which he could not do if they had it from any other then himself Of this I shall name two Instances One shall be the sequestring of Doctor Abbot by the late King from his Office of Archbishop of Canterbury upon a displeasure taken against him for refusing to license a Sermon as the King desired and committing that Office he living unto other Bishops of his own appointing See the Commission at large in Mr. Rush Hist Collect p. 435. authorizing them to do all or any acts pertaining to the power or authority of the Arch-bishop of Canterbury in causes or matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop might have done And so by vertue of this Commission those persons had authority to Consecrate or Confirm the Archbishop of York if it should happen or any Bishop within the Province of Canterbury which without it they had not Another shall be the
was not to be put to the Jury but to be determined by the Judges and the Jury to try onely the matter of fact whether he were so Consecrated If therefore the Judges had delivered it for Law that Horn if so Consecrated was a Bishop and he could have proved he was so Consecrated as was easie for him to do if the Records be true the Jury must have found him a Bishop or incurred an attaint which there was no reason to fear they would do in such a cause as that where the Queen was Plaintiff a Protestant Bishop and their neighbour and Landlord to most of them being Southwark men the Prosecutour all the Bishops and Clergy in the land made by the new Form extreamly interested in the verdict and onely a Papist generally hated and deprived of all Office and power in the State and then a prisoner the Defendant And that which he addes to colour his reason That there had been some proof made before of the partiallity or insufficiency of a Jury touching grants made by King Edwards Bishops if meant of Juries in Queen Maries time was no reason in Queen Elizabeths and if meant in Her time helps to confirm what I say that afore 8. Eliz. neither Judges nor Juries could finde King Edwards Bishops were legal Bishops The true reason therefore why the Judges advised Horn to refer his Cause to the Parliament can be no other then this as I say that they found an Act of Parliament was necessary to make him a Bishop The nineteenth Chapter Vrging the second inference for the opinion of the Parliament MY second inference is that the Parliament 8. Eliz. were not of opinion that Horn was a legal Bishop For if they had 1. They would not have revived the Act of Edw. 6. for the Form of Ordination for that implied it was not revived afore and if not they could be no legal Bishops 2. They would have made no Law in the Case but left it to a judgement of the Court or onely given a Sentence in it themselves 3. If they would make a Law for it yet 1. They would not have enacted them to be Bishops but onely declared that they were so 2. Nor would they have said as they do Be it declared and enacted that all things heretofore done in or about the Consecration of Archbishops and Bishops be and shall be by Authority of this Parliament at and from every of the several times of doing thereof good and perfect any matter or thing that can or may be objected to the contrary notwithstanding which except meant of the making them so to be by vertue of that Act would be meer non-sense and contradiction but thus All things heretofore done c. were in very deed at and from every of the several times of doing thereof good without authority of this Act and any matter or thing to be objected to the contrary 3. Nor would they have said as they do All that have been Consecrated Archbishops c. since her Majesties Reign be in very deed and also by authority hereof declared and enacted to be and shall be Archbishops and Bishops and rightly Consecrated any Law Canon or other thing to the contrary notwithstanding which except as afore would be another strange medley of non-sense and contradictions which ambiguous language they were driven to out of a desire to use some words for the honour of the Bishops as if Bishops afore and of a necessity to use other for the creating them such then but they would have said in plain and good English which would have put the matter out of question All that have been Consecrated were in very deed at and from every of the several times of their Consecrations Archbishops and Bishops and rightly Consecrated according to Law 4. Nor would they have recited as they do at large the Supream Authority given to the Queen by 1. Eliz. To assign and authorize such persons as she should think meet to exercise under Her all manner of Spiritual Jurisdiction and thereupon inferred So that to all that will well consider of the effect and true intent of the said Statutes and of the Supream and absolute authority of the Queen to make Bishops by Her Commission onely with or without any Legal Form of Consecration or with or without any Bishops for the Consecraters and which she by her said Letters Pattents hath used in and about their Consecration by supplying to them all defects either in the Form they should use or in the faculty state or condition of the Consecraters whether Bishops or not Bishops it is and may be evident that no cause of scruple can or may be objected against their Consecrations for this grounds the Legality both of the Form and of the Consecraters not upon the things in their own nature but upon the authority of the Queens Commission which supplied to them all defects in Law but they would have said plainly and without praying any such aid from the Queens Supremacy They were Consecrated by Legal Bishops and by a Legal Form or the Form of Edw. 6. was a Legal Form or was revived by 1. Eliz. c. seeing that was the onely exception against the Form of their Consecrations 5. Nor least of all after Bonner had put in a plea so insolent and reproachful to the Queen Her Bishops and their whole Clergy and Church and if Horn had been a Bishop had incurr'd a Premunire for refusing the Oath of Supremacy and when the acquittal of him and of all other refractory refusers of the Oath afore the last day of that Session when there was no other exception to the Certificates but this that they that made them were no Bishops and this without and afore any petition exhibited or submission promised on the Delinquents part would in the interpretation of all indifferent men redound notably to the justifying of Bonner's plea and consequently to the infamy of their whole Clergy and Church I say all this considered they would never have made such Proviso's for the indemnity of Bonner and the other Delinquents if they could have found Horn a Legal Bishop The twentieth Chapter Refuting the shifts devised to evade this inference l. 3. c. 11. n. 7. MAster Mason saith This annulling of Horn 's Certificate doth not argue Bonner 's innocence or any Defect in Horn 's being a Bishop but onely the great favour and indulgence of the Parliament For saith he first they cleared our Bishops from the calumny of their adversaries and then graciously pardoned Bonner and his fellows that had so impudently flown upon the Bishops for offering the Oath to them For they hoped it would come to pass that they who out of ignorance or malice had alwayes before that been snarling at their Consecrations would at length be wise Refut 1. They did not first clear their Bishops as is shewed afore 2. Nor did they pardon Bonner and his fellows but annul the process 3. That Act was
more surety thereof as hereafter shall be expressed First it is very well known to all degrées of this Realm that the late King of most famous memory K. Henry 8. as well by all the Clergy then of this Realm in their several Convocations as also by all the Lords Spiritual and Temporal and Commons in divers of his Parliaments was justly and rightfully recognized and knowledged to have the supream Power Iurisdiction Order Rule and Authority over all the State Ecclesiastical of the same and the same power jurisdiction and authority did use accordingly And that also the said late King in the Five and twentieth year of his Reign did by authority of Parliament amongst other things set forth a certain Order of the manner and form how Archbishops and Bishops should be elected and made as by the same more plainly appears And that also the late King of worthy memory King Edward the Sixth did lawfully succeed his Father in the Imperial Crown of this Realm and did justly possess and enjoy all the same power jurisdiction and authority before mentioned as a thing to him descended with the said Imperial Crown and so used the same during his life And that also the said King Edw. 6. in his time by authority of Parliament caused a godly Book intituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England to be made and set forth not onely for one Vniform Order of Service Common Prayer and Administration of the Sacraments to be used within this Realm and other his Dominions but also did adde and put to the same Book a very good and godly Order of the manner and form how Archbishops Bishops Priests Deacons and Ministers should from time to time be Consecrated made and Ordered within this Realm and other his Dominions as by the same Book more plainly may and will appear And although in the time of the said late Queen Mary as well the said Act and Statute made in the five and twentieth year of the Reign of the said late King Hen. 8. as also the several Acts and Statutes made in the 2 3 4 5 and 6. years of the Reign of the said late King Edward for the authorizing and allowing the said Book of Common Prayer and other the premises amongst divers other Acts and Statutes touching the said supream authority were repealed yet nevertheless at the Parliament holden at Westminster in the first year of the Reigne of our Sovereign Lady the Queens Majesty that now is by one other Act and Statute there made all such Iurisdictions Priviledges Superiorities and Preeminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical power or authority hath heretofore been or may lawfully be used over the Ecclesiastical State of this Realme and the Order Reformaxion and Correction of the same is fully and absolutely by the authority of the same Parliament united and annexed to the Imperial Crown of this Realm and by the same Act and Statute there is also given to the Queens Highness her heirs and successors Kings and Queens of this Realm full power and authority by Letters Patents under the Great Seal of England from time to time to assigne name and authorize such person or persons as she or they shall think meet and convenient to exercise use occupy and execute under her Highness all manner of Iurisdictions Priviledges Preeminences and Authorities in any wise touching or concerning any Spiritual or Ecclesiastical Power or Iurisdiction within this Realm or any other her Dominions or Countries And also by the same Act and Statute the said Act made in the Five and twentieth year of the said late King Hen. 8. for the order and form of the electing and making of the said Archbishops and Bishops together with divers other Statutes touching the Iurisdiction over the State Ecclesiastical is revived and made in full force and effect as by the same Act and Statute plainly appeareth And that also by another Act and Statute made in the said Parliament in the first year of the Reign of our said Sovereign Queen intituled An Act for the Uniformity of Common Prayer and Service in the Church the said Book of Common Prayer and the Administration of Sacraments and other the said Orders Rites and Ceremonies before mentioned and all things therein contained with certain Additions therein newly added and appointed by the said Statute is fully stablished and authorized to be used in all places within this Realm and all other the Quéens Majesties Dominions and Countries as by the same Act among other things more plainly appeareth Whereupon our said Sovereign Lady the Quéens most excellent Majesty being most justly and lawfully invested and having in her Majesties order and disposition all the said Iurisdictions Power and Authorities over the State Ecclesiastical and Temporal as well in cases Ecclesiastical as Temporal within this Realm and other her Majesties Dominions and Countreys hath by her Supream Authority at divers times sithence the beginning of her Majesties Reign caused divers grave and well learned men to be duly Elected Made and Consecrated Archbishops and Bishops of divers Archbishopricks and Bishopricks within this Realm and other her Majesties Dominions and Countreys according to such Order and Form and with such Ceremonies in and about their Consecration as were allowed and set forth by the said Acts Statutes and Orders annexed to the said Book of Common-Prayer before mentioned And further for the avoiding of all ambiguities and questions that might be objected against the lawful Confirmations Investing and Consecrating of the said Archbishops and Bishops her Highness in her Letters Patents under the great Seal of England directed to any Archbishop Bishop or others for the Confirming Investing and Consecrating of any person elected to the Office or Dignity of any Archbishop or Bishop hath not onely used such words and sentences as were accustomed to be used by the said late King Henry and K. Edw. her Majesties Father and Brother in their like Letters Patents made for such causes but also hath used and put in her Majesties said Letters Patents divers other general words and sentences whereby her Highness by her Supream Power and Authority hath dispensed with all causes or doubts of any imperfection or disability that can or may in any wise be obiected against the same as by her Majesties said Letters Patents remaining of Record more plainly will appear So that to all those that will well consider of the effect and true intent of the said Laws and Statutes and of the Supream and absolute authority of the Queens Highness and which she by her Majesties said Letters Patents hath used and put in ure in and about the making and Consecrating of the said Archbishops and Bishops it is and may be very evident that no cause of scruple ambiguity or doubt can or may justly be objected against the said Elections Confirmations or Consecrations or any other material thing meet to
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