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A64064 An historical vindication of the Church of England in point of schism as it stands separated from the Roman, and was reformed I. Elizabeth. Twysden, Roger, Sir, 1597-1672. 1663 (1663) Wing T3553; ESTC R20898 165,749 214

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comburi and Britton of Miscreants so to be served without distinction of the quality with whom Sr. Edward Cook concurs Another thing I questioned whether any Bishop within his Diocese alone could convict one of heresy before 2. Hen. 4. cap. 15. of which hereafter for whatever the power of the Ordinary was there is very little example of his putting it in exercise before the times of VVickliff 27. Who began to be taken notice of about the end of Edward the 3. or rather the beginning of Rich. the 2. in whose doctrine at least that they fathered on him though there were good Corn yet was it not without Tares But when it grew common and to be hearkned unto the Prelats laboured to procure a law his Maties Commissions should be directed to the Sheriffs and other his Ministers to arrest all preachers their fautors c. to hold them in prison till they will justifi themselves according to reason and the lawes of the holy Church How this past I should be glad to learn for not onely the printed statutes but the Roll of Parl nt expresly mentions the Commons agreeing to those Acts yet the next meeting they do disclaim to have given any assent unto it quiel ne fust unques assentu ne grante parles coēs mes ce qe fust parle de ce fust sanz assent de lour qe celuy estatut soit anntenti to which the Kings answer is y plest au Roy. How it fell out this latter was not counted an Act Sr. Edward Cook hath shew'd which tells us why it past again without opposition in Queen Maries dayes I wish that learned Gentleman had given his opinion how the record came to be so faulty as to affirme a concurrence of the lower House to that they never assented 28. In King Hen. the 4 ths time his successour that law past which greatly increased the power of the Ordinary allowing him to imprison fine determine all causes of heresy according to the canonicall Decrees within three moneths on which words Canonicall Sanctions the Bishops so behaved themselves That the most learned man of the realm diligently lying in wait upon himself could not eschue and avoid the same act and Canonicall Sanctions if he should be examined upon such captious interrogatories as is and hath been accustomed to be ministred by the Ordinaries of this realm in cases where they will suspect of heresy c. Upon which if any did refuse obedience to his Diocesan in ought as paying a legacy c. there would be means found to bring him within the suspicion of heresy And certainly the proceeding of some Diocesans upon this statute gave quickly scandall for onely nine yeares after we find the Commons petition qe please a nre soveraigne Seig r le Roy grantier qe si ascun soit ou serra arreste par force de l' estatute fait l' an de vostre regne seconde al requeste des Prelats Clergie de vostre Royalme d' Engleterre q' il purra estre lesse a mainprise faire sa purgation franchement sanz destourbance d' ascun en mesme le Conteou il est arrestu qe tieles arrestes soient desore en avant faitz en due forme de ley par les Viscount Mairs Baillifs ou Conestables nostre Seign r le Roy sanz violent affray our force armes en depredation de leur biens ou autre extortion ou injurye queconcque en celle affaire But to this le Roy se voet ent aviser is all the answer given But whereas VValsingham speaks of this Parl nt as insected with Lollardy certainly to me there is no such thing appeares in the Roll but rather the contrary But I confesse I did think before that law of H. 4. no Bishop in his Diocese without a Provinciall Councell could have convicted any man of heresy so as to have caused him been burnt for mans life being a point of so high concernment in the law and heresy laying so great an imputation on the party it seemed not to me probable every angry Bishop in his Court should alone have power of determining what was by the canonicall Sanctions so esteemed and whose words or writings could admit no other sense then hereticall and with this it seemed to me the practice did concur for the Deacon burnt at Oxford suffered after conviction in a Provinciall Synod and the conviction of VVilliam Sautry shewes plainly to have been after the same manner the Writ running Cum vener abilis pater Thomas c. de consensu assensu ac consilio coepiscoporum ac confratrum suffragancorum suorum nec non totius cler● Provinciae suae in concilio suo provinci ili congregato juris ordine in hac parte requisito in omnthus observato c. intimating as it seemed to me if otherwise the Order of law had not been observed And I did ever conceive this Law had increased the Power of the Ordinary as well in permitting him singly to pursue the canonicall Sanctions in convicting an heretick as in sining and imprisoning of him especially the statute of Q. Mary that gave it life after the repeal of Hen. the 8 affirming before such revivall the Ordinary did want auctority to proceed against those that were infected with Heresy But I have since found better opinion it was otherwise 29. After this 2. Hen. 5. a Parliament at Leicester enacted The Chancellour Treasurer Justices of the peace Sheriffs c. should take an Oath for destroying all manner of Heresies commonly called Lollardries to be assistant to the Ordinary therein Persons convict of Heresy to loose their fee-simple land Iustices of the Kings Bench of the Peace and of Assize to enquire of all holding any errours or heresies as Lollards their maintainers receivers fautors c. and for that end a clause to be put into the Commissions of Iustice of the Peace yet forasmuch as the cognizance of heresie errours and Lollardries belonged to Iudges of holy Church and not to the secular the inditement taken by them not to be evidence but for information before the spirituall Iudge into whose hands the person suspected to be delivered within ten dayes after his enditement every man empanell'd in the Enquest for the tryall of them to have in England 5 pounds in Wales forty shillings in land by the year c. Which three lawes were each repealed by Hen. the 8th or Ed. the 6. and again restored by Q. Mary under whom by vertue of them had in lesse then three yeares been spoyled for religion more Christian bloud of her subjects then in any Princes reign since Lucius 30. Things standing thus when Queen Elizabeth came to the Crown the Ecclesiastick auctority exercised at home and abroad with rigour and austerity rather then Christian mildnesse still to permit that was the continuing a fire to consume her people and yet for every