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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A64857 The life of the learned and reverend Dr. Peter Heylyn chaplain to Charles I, and Charles II, monarchs of Great Britain / written by George Vernon. Vernon, George, 1637-1720. 1682 (1682) Wing V248; ESTC R24653 102,135 320

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first the Clergy in all other Christian Kingdoms of these North-West Parts make the Third Estate that is to say in the German Empire as appears by Thuanus the Historian lib. 2. In France as is affirmed by Paulus Aemilius lib. 9. In Spain as testifieth Bodinus de Republ lib. 3. For which also consult the general History of Spain as in point of practice lib. 9 10 11 14. In Hungary as witnesseth Bonfinius Decl. 2. lib. 1. In Poland as is verified by Thuanus also l. 56. In Denmark as Pontanus tells us in Historia rerum Danicarum l. 7. The Swedes observing anciently the same Form and Order of Government as was used by the Danes The like we find in Cambden for the Realm of Scotland in which anciently the Lords Spiritual viz. Bishops Abbots and Priors made the Third Estate And certainly it was very strange if the Bishops and other Prelates in the Realm of England being a great and powerful Body should move in a lower Sphere in England than they do elsewhere But 2dly Not to stand only upon probable inferences we find first in History touching the Reign and Acts of Henry V. That when his Funerals were ended the Three Estates of the Realm of England did assemble together and declared his Son King Henry VI. being an Infant of eight Months old to be their Sovereign Lord as his Heir and Successor And if the Lords Spiritual did not then make the Third Estate I would fain know who did Secondly The Petition tendred to Richard Duke of Glocester to accept the Crown occurring in the Parliament Rolls runs in the name of the Three Estates of the Realm that is to say the Lords Spiritual and Temporal and the Commons thereof Thirdly In the said Parliament of the said Rich. Crowned King it is said expresly That at the request and by the consent of the Three Estates of this Realm that is to say the Lords Spiritual and Temporal and Commons of this Land Assembled in this present Parliament and by Authority of the same it be Pronounced Decreed and Declared That our Sovereign Lord the King was and is the very and undoubted King of this Realm of England c. Fourthly It is acknowledged in the Statute of 1. Eliz. c. 3. where the Lords Spiritual and Temporal and the Commons in that Parliament Assembled being said expresly and in terminis to represent the Three Estates of this Realm of England did recognize the Queens Majesty to be their true lawful and undoubted Sovereign Liege Lady and Queen Add unto these the Testimony of Sir Edward Cooke tho a private person who in his Book of the Iurisdiction of Courts published by Order of the Long Parliament c. 1. doth expresly say That the Parliament consists of the Head and the Body that the Head is the King that the Body is the Three Estates viz. the Lords Spiritual Temporal and the Commons In which words we have not only the Opinion and Testimony of that learned Lawyer but the Authority of the Long Parliament also tho against it self I hope the perusal of these things will be no less acceptable to the sober Reader than the transcribing of them has been unto my self which I have done to the end as well of informing my Country-men about the Rights of the Crown and Privileges of the Church and Clergy as to shew that Dr. Heylyn had a zeal according unto knowledg and was not less zealous for knowledge-sake And the Doctor having thus stood up in the defence of Monarchy and Hierarchy both in their prosperous and adverse condition when the black Cloud was dispelled and a fair Sun-shine began to dawn upon these harrassed and oppressed Islands by the Return of his Sacred Majesty this excellent man having in his mind Tullies Resolution Defendi Rempub. Adolescens non deseram Senex thought it unbecoming him to desert the Church in any of its pressing needs and therefore when the door of Hope began to open he busied his active and searching mind in finding out several expedients for the restoring and securing of its Power and Privileges in future Ages against the attempts of Factious and Sacrilegious men And the first thing that he engaged in was to draw up several Papers and tender them to those Persons in Authrority who in the days of Anarchy and Oppression had given the most signal Testimonies of their Affection to the Church In which Papers he first shewed what Alterations Explanations c. were made in the Publick Liturgy in the Reigns of King Edward VI. Queen Elizabeth and King Iames that so those who were intrusted with so sacred a Depositum might be the better enabled to proceed in the Alteration and enlargement of it as they afterward did and as it now stands by Law Established in this Church Secondly Whereas in the first year of King Edward VI. it was enacted that all Arch-Bishops Bishops c. should make their Processes Writings and Instruments in the Kings name and not under their own Names which Act was afterward extended unto Ordinations as appears by the Form of a Testimonial extant in Sanders's Seditious Book De Schismate Anglicano and whereas the Act was repealed in the last year of Queen Mary and did stand so repealed all the Reign of Queen Elizabeth but was by the activity of some and the incogitancy of others revived again in the first year of King Iames but lay dorment all the Reign of that Prince and during the first ten years of King Charles I. after which it was endeavoured to be set on foot by some disturbers of the Publick Peace upon which the King having it under the hand of his Judges that the proceedings of the Arch-Bishops Bishops c. were not contrary to the Laws of the Land inserted their Judgment about it in a Proclamation for indemnifying the Bishops and the satisfying of his loving Subjects in that Point therefore Dr. Heylyn considering that what the Judges did was extrajudicial and that the Kings Proclamation expired at his Death solicited the concerns of the Church in this Affair viz. that the Act so pas●ed as before is said in the first of King Iames might be repealed that so the Bishops might proceed as formerly in the exercise of their Jurisdiction without fear or danger Thirdly Whereas in the 16. year of Charles I. there passed an Act that no Arch-Bishop Bishop c. should minister any Corporal Oath unto any Church-Warden Sideman or any other person whatsoever with many other things whereby the whole Episcopal Jurisdiction was subverted except Canonical Obedience only and all proceedings in Courts Ecclesiastical in Causes Matrimonial Testamentory c. were weakened and all Episcopal Visitations were made void as to the ordinary Punishments of Heresie Schism Non-conformity Incest Adultery and other Crimes of Ecclesiastical Cognizance therefore Dr. Heylyn stated the Case and in a Petition drawn up by him prayed that for the restoring of the Episcopal Jurisdiction the Clauses of that Act