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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A33074 The Church of England truly represented according to Dr. Heylins history of the Reformation : in justification of Her Royal Highness the late Dutchess [sic] of Yorks paper. York, Anne Hyde, Duchess of, 1637-1671. 1686 (1686) Wing C4192; ESTC R23708 9,803 22

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false news that a poor Papist if he passed through Cheapside durst not so much as look toward that side of the street where the Naggs-head stood for fear of being punisht as a Teller of false news for the looks of a Papist in those days boaded false news as a Wash-ball in his pocket of late boded 〈◊〉 firing of the City And indeed to produce these Registers Fifty four years after the time and not before when Neal and Sanders the Vintner of the Naggs-head his wife drawers and all were dead was to as much purpose as if they had left them at Salamanca in Dr. Oates his Library to be brought over with the Forty Thousand pilgrims 1678. September the Lord knows when for Oates did not confine himself to a day as Dr. Heylin and Mason the forge●● of the Registers did But Dr. Heylin treats of this matter here en passant only and refers his Readers for their further satisfaction to the begining of his eight and last book where thus he tells his own Tale worth any mans reading Nothing remaineth but that we settle the Episcopal Government and then it will be time to conclude this History And for the settling of this Government by as good Authority as could be given unto it by the Laws of the Land we are beholding to the obstinacy of Dr. Edmund Bonner late slaughter-man of London By a statute made in the last Parliament for keeping her Majesties Subjects in due obedience a Power was given unto the Bishops to tender and receive the Oath of Supremacy to all manner of persons dwelling and residing in their several Dioceses Bonner was then prisoner in the Clink or Marshalsee which being in the Borrough of Southwark brought him within the Iurisdiction of Horn Bishop of Winchester by whose Chancellour the Oath was tendered unto him on the refusal of which Oath he is indicted at the Kings Bench upon the Statute to which he appeared in some Term of the year foregoing c. The second Principal Plea was this that Horn at the time the Oath was tendered was not Bishop of Winchester and therefore not impowred by the said Statute to make tender of it by himself or by his Chancellour And for the proof of this that he was no Bishop it was alledged that the form of Consecration of Archbishops and Bishops which had been ratify'd by Parliament in the time of King Edward had been repealed in the first year of Queen Mary and so remained at Horn's pretended Consecration The Cause being put off from Term to Term comes at last to be debated amongst the Iudges at Serjeants Inn by whom it was finally put upon the Issue and the Tryal of that Issue ordered to be committed to a Iury of the County of Surry But then withall it was advised that the decision of the point should rather be referred to the following Parliament for fear that such a weighty matter might miscarry by a Country Iury of whose either Partiality or Insufficiency there had been some proof made before touching the Grants made by King Edwards Bishops of which a great many were made void under pretence that the Grantors were not Actually Bishops nor Legally possessed of their several Sees According to this sound advice the business comes under consideration in the following Parliament which begun on the Thirtyeth of September where all particulars being fully and consideratly discoursed upon it was first declared that their not restoring that book to the former Power in Terms significant and express was but casus omissus And secondly that by the Statutes Fifth and Sixth of Edward the Sixth it had been 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 the first of Elizabeth was restored again together with the said book of Common Prayer intentionally at the least if not in Terminis But being that the words of the said Statute were not clear enough to remove all doubts they did therefore revive it now and did accordingly Enact That all persons that had been or should be made ordered or Consecrated Arch-Bishops Bishops Priests Ministers of God's Holy Words and Sacraments or Deacons after the form and order prescribed in the said book be in very deed and also by Authority hereof declared and enacted to be and shall be Arch-Bishops Bishops Priests Ministers of God's holy Words and Sacraments and Deacons rightly made Consecrated and ordered any Statute Law Canon or any thing to the contrary notwithstanding A bold Parliament indeed that thus generously bids defiance to all Laws and Statutes ever made in the world to all Canons ever made in God's Church and to every thing else whatsoever To good purpose then did Saint Gregory the Great and Bishop Lawd after him declare that they gave the like credit to the first four General Councils as to the four Evangelists when an English Parliament shall come and enact and declare Bishops in the form they please with a non obstante to all the Powers of Heaven and Earth or any thing to the contrary notwithstanding i. e. of Hell too But being that Dr. Heylin tells us that this business was onely fully and considerately discoursed upon in Parliament it may I hope yet bear a further discussion and canvassing You see here were many doubts whether these Bishops were rightly consecrated or not First Because the Form of Consecration made in King Edwards days was declared void and null in the first year of Queen Mary and as yet has never been allowed in the Church of Rome Secondly Because you see there was a Casus omissus and the Form of King Edward was not restored in Terms express and significant which is requisite in Law Thirdly To talk of a Statute once made null and void intentionally is non-sence For Intention will not make Law neither is it in Church affairs nor indeed is it any where else as it is in England where there are definitive Interpreters of Law and no Law Text and where there is Gospel and no definitive Interpreters of the Text. Fourthly Because the words in the said Statute were not clear enough to remove doubts Then 't is clear that there were doubts Fifthly Because the Doubts were so many that the whole Power of the Kingdom Queen Council Church and State durst not venture a tryal against a poor Prisoner notwithstanding that the business was order'd for a tryal by Serjeants Inn to see it fairly decided whether the Doubts could be removed or not for fear such a weighty matter might miscarry by a County Iury as tho' it had not been in their Power to make what Jury they pleased Sixthly Bonner tho' a Prisoner enjoyed his Revenue all this while by dint of Law that is from the first of Eliz. to the eighth of Eliz. because Horn in all this time could not prove himself a Bishop Then the Law did not look upon them as yet Bishops But