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A43528 Ecclesia restaurata, or, The history of the reformation of the Church of England containing the beginning, progress, and successes of it, the counsels by which it was conducted, the rules of piety and prudence upon which it was founded, the several steps by which it was promoted or retarded in the change of times, from the first preparations to it by King Henry the Eight untill the legal settling and establishment of it under Queen Elizabeth : together with the intermixture of such civil actions and affairs of state, as either were co-incident with it or related to it / by Peter Heylyn. Heylyn, Peter, 1600-1662.; Heylyn, Peter, 1599-1662. Affairs of church and state in England during the life and reign of Queen Mary. 1660-1661 (1661) Wing H1701_ENTIRE; Wing H1683_PARTIAL_CANCELLED; ESTC R6263 514,716 473

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following they were dismist with many rich Presents and an annual pension from the Queen conducted honourably by the Lord Aburgavenny to the Port of Dover and there shipped for Calais filling all places in the way betwixt that and Baden with the report of the magnificence of their entertainment in the Court of England And that the Glories of their entertainment might appear the greater it hapned that Rambouillet a French Ambassador came hither at that time upon two solemnities that is to say to be installed Knight of the Garter in the place and person of that King and to present the Order of St Michael the principal Order of that Kingdom to Thomas Duke of Norfolk and the Earl of Leicester The one performed with the accustomed Pomps and Ceremonies in the Chapel of St George at Windsor the other with like State and splendour in the Royal Chapel at Whitehall Such a well tempered piety did at that time appear in the Devotions of the Church of England that generally the English Papists and the Ambassadors of forein Princes still resorted to them But true it is that at that time some zealots of the Church of Rome had begun to slacken their attendance not out of any new dislike which they took at the service but in regard of a Decree set forth in the Council of ●rent prohibiting all resort to the Churches of Hereticks Which notwithstanding the far greater part continued in their first obedience till the coming over of that Roaring Bull from Pope Pius the 5th by which the Queen was excommunicated the subjects discharged from their obedience to the Laws and the going or not going to the Church made a sign distinctive to difference a Roman Catholick from an English Protestant And it is possible enough that they might have stood much longer to their first conformity if the discords brought into the Church by the Zuinglian faction together with their many innovations both in Doctrine and Discipline had not afforded them some further ground for the desertion For in this year it was that the Zuinglian or Calvinian faction began to be first known by the name of Puritans if Genebrard Gualier and Spondanus being all of them right good Chronologers be not mistaken in the time Which name hath ever since been appropriate to them because of their pretending to a greater Purity in the service of God than was held forth unto them as they gave it out in the Common Prayer Book and to a greater opposition to the Rites and Usages of the Church of Rome than was agreeable to the constitution of the Church of England But this Purity was accompanied with such irreverence this opposition drew along with it so much licenciousnesse as gave great scandal and offence to all sober men so that it was high time for those which had the care of the Church to look narrowly unto them to give a check to those disorders and confusions which by their practices and their preachings they had brought into it and thereby laid the ground of that woful schism which soon after followed And for a check to those disorders they published the Advertisement before remembred subscribed by the Archbishop of Can●erbury the Bishops of London Winchester Ely Lincoln Rochester and other of her Majesties Commissioners for Causes Ecclesiastical according to the Statute made in that behalf This was the only present remedy which could then be thought of And to prevent the like confusions for the time to come a Protestation was devised to be taken by all Parsons Vicars and Curates in their several stations by which they were required to declare and promise That they would not preach not publickly interpret but only read that which is appointed by publick authority without special Licence of the Bishop under his Seal that they would read the Service plainly distinctly and audibly that all the people might hear and understand that they would keep the Register book according to the Queens Majesties Injunctions that they would use sobriety in apparel and especially in the Church at Common Prayers according to Order appointed that they would move the Parishioners to quiet and concord and not give them cause of offence and help to reconcile them that be at variance to their utmost power that they would read dayly at the least one Chapter of the Old Testament and another of the New with good advisement to the increase of their knowledge that they would in their own persons use and exercise their Office and Place to the honour of God and the quiet of the Queens subjects within their charge in truth concord and unity as also observe keep and maintain such Order and Uniformity in all external Policy Rites and Ceremonies of the Church as by the Lawes good usages and Orders are already well provided and established and finally that they would not openly meddle with any Artificers occupations as covetously to seek a gain thereby having in Ecclesiastical Livings twenty Nobles or above by the year Which protestation if it either had been generally pressed upon all the Clergy as perhaps it was not or better kept by them that took it the Church might questionlesse have been saved from those distractions which by the Puritan Innovators were occasioned in it Anno Reg. Eliz. 8. A. D. 1565 1566. THus have we seen the publick Liturgy confirmed in Parliament with divers penalties on all those who either did reproach it or neglect to use it or wilfully withdrew their attendance from it the Doctrine of the Church declared in the Book of Articles agreed upon in Convocation and ratified in due form of Law by the Queens authority external matters in officiating Gods publick service and the apparel of the Clergy regulated and reduced to their first condition by the Books of Orders and Advertisements Nothing remaineth but that we settle the Episcopal Government and then it will be time to conclude this History And for the setling of this Government by as good authority as could be given unto it by the Lawes of the Land we a●e beholden to the obstinacy of Dr Edmond Bonner the late great slaughter-man of London By a Statute made in the last Parliament for keeping her Majesties Subjects in their due obedience a power was given unto the Bishops to tender and receive the oath of Supremacy of all manner of persons dwelling and residing in their several Diocesses Bonner was then prisoner in the Clink or Marshalsea which being in the Burrough of Southwark brought him within the Jurisdiction of Horn Bishop of Winchester by whose Chancellor the Oath was tender'd to him On the refusal of which Oath he is endicted at the Kings Bench upon the Statute to which he appeared in some Term of the year foregoing and desires that counsel be assigned to plead his cause according to the course of the Court The Court assigns him no worse men than Christopher W●ay afterwards chief Justice of the Common Pleas that famous Lawyer Edmond
Ploydon whose learned Commentaries do sufficiently set forth his great abilities in that Profession and one Mr. Lovelace of whom we find nothing but the name By them and their Advice the whole pleading chiefly is reduced to these two heads to omit the nicities and punctilioes of lesser moment the first whereof was this That Bonner was not at all named in the indictment by the stile and title of Bishop of London but only by the name Dr. Edmond Bonner Clerk Dr. of the Lawes whereas at that time he was legally and actually Bishop of London and therefore the Writ to be abated as our Lawyers phrase it and the cause to be dismissed our of the Court But Ploydon found here that the Case was altered and that this Plea could neither be allowed by Catiline who was then Chief Justice nor by any other of the Bench and therefore it is noted by Chief Justice Dyer who reports the Case with a Non allocatur The second principle Plea was this That Horn at the time when the Oath was tender'd was not Bishop of Winchester and therefore not impowred by the said Statute to make tender of it by himself or his Chancellor And for the proof of this that he was no Bishop it was alleged that the form of Consecration of Archbishops and Bishops which had been ratified 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 the last to be debated amongst the Judges at Serjeants Inne By whom the cause was finally put upon the issue and the tryal of that issue Ordered to be committed to a Jury 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 contrary Jury of whose either partiality insufficiency there had been some proof made before touching the grants made by King Edward's Bishops of which a great many were made under this pretence that the Granters 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 began on the 30th of September where all particulars being fully and considerately discoursed upon it was first declared That their not restoring of that Book to the former power in terms significant and express was but Casus omissus and Secondly That by the Statute 5th and 6th Edw. 6th 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 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 cleer 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 Consecrate Archbishops Bishops Priests Ministers of Gods Holy Word 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 Archbishops Bishops Priests Ministers and Deacons rightly made Consecrate and Ordered Any Statute Law Canon or any thing to the contrary notwithstanding Nothing else done in this Parliament which concerned the Church not any thing at all in the Convocation by which it was of course accompanied more than the granting of a Subsidy of six shillings in the pound out of all their Benefices and promotions And as for Bonner who was the other party to the cause in question it was determined that neither he nor any other person or persons should be impeached or molested in regard of any refusal of the said Oath heretofore made and hereafter to be made before the end of that Parliament Which favour was indulged unto them of the Laity in hope of gaining them by fair means to a sence 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 By this last Act the Church is strongly setled on her natural pillars of Doctrine Government and Worship not otherwise to have been shaken than by the blind zeal of all such furio●s Sampsons as were resolved to pull it on their own heads rather than suffer it to stand in so much glory And here it will be time to conclude this History having taken a brief view of the State of the Church with all the abberrations from its first constitution as it stood at this time when the Puritan faction had began to disturb her Order and that it may be done with a greater certainty I shall speak it in the words of one who lived and writ his knowledge of it at this time I mean John Rastel in his answer to the Bishops challenge Who though he were a Papist and a fugitive Priest yet I conceive that he hath faithfully delivered to many sad truths in these particulars Three books he writ within the compass of three years now last past against Bishop Jewel in one of which he makes this address unto him viz. And though you Mr. Jewel as I have heard say do take the bread into your hands when you celebrate solemnly yet thousands there are of your inferiour Ministers whose death it is to be bound to any such external fashion and your Order of celebrating the Communion is so unadvisedly conceived that every man is left unto his private Rule or Canon whether he will take the bread into his hands or let it stand at the end of the table the Bread and Wine being laid upon the table where it pleases the Sexton or Parish-Clerk to set them p. 28. In the Primitive Church Altars were allowed amongst Christians upon which they offered the unbloody sacrifice of Christs body yet your company to declare what followers they are of antiquity do account it even among one of the kinds of Idola●ry if one keep an Altar standing And indeed you follow a certain Antiquity not of the Catholicks but of desperate Hereticks Optatus writing of the Donatists that they did break raze and remove the Altars of God upon which they offered p. 34. and 165. Where singing is used what shall we say to the case of the people that kneel in the body of the Church yea let them hearken at the Chancel dore it self they shall not be much wiser Besides how will you provide for great Parishes where a thousand people are c p. 50. Then to come to the Apostles where did you ever read that in their external behaviour they did wear Frocks or Gowns or four-cornered Caps or that a company of Lay-men-servants did follow them all in one Livery or that at their Prayers
Sir John Mason Master of the Requests R. Bowes Master of the Rolls Most of which had formerly subscribed the answer to a Letter which came to them from the Princesse Mary on the ninth of July and were all p●●doned for so doing except Cranmer only Now the Tenor of the said 〈◊〉 was as followeth In the name of our Soveraign Lady Mary the Queen to be declared to the Duke of Northumberland and all other his Band of what degree soever they be YOu shall command and charge in the Queens Highness name the said Duke to disarm himselfe and the cease all his men of war and to suffer no part of his army to do any villany nor any thing contrary to the peace and himself to forbear his comming to this City untill the Queens pleasure be expressedly declared unto him And if he will shew himselfe like a good quiet subject we will then continue as we have begun as humble suitors to our Soveraign Lady the Queen's Highnesse for him and his and for our selves And if he do not we will not fail to spend our lives in subduing of him and his Item Ye shall declare the like matter to the Marquesse of Northampton and all other Noble men and Gentlemen and to all men of war being with any of them Item Ye shall in all places where ye come notifie it If the Duke of Northumberland do not submit himselfe to the Queens Highnesse Queen Mary he shall be accepted as a Traytor And all we of the Nobility that were Counsellors to the late King will to the utmost portion of our power persecute him and his to their afterconfusion The Pursuivant having communicate his Instructions found none more ready to obey them then the Duke himselfe who had before dismist his forces and now prepared for his departure from that place though to what he knew not But as he was pulling on his boots he was first slaid by some of the Pensioners who being drawn into the action against their wils resolved to have him in a readinesse to bear witnesse to it and after taken into custody by Slegg a Serjeant The businesse being in dispute another Packet comes from the Lords of the Council by which all parties were required to depart to their severall dwellings the benefit whereof the Duke laid claim to for himself and was accordingly left by them at his own disposal And so he passed that night in some good assurance that he should fare no worse than the rest of the Council who had engaged him in the same cause and by whose order he had undertaken the command of that Army In the mean time the Earl of Arundell had done his errand to the Queen to so good a purpose that he was presently dispatched with Order to seize upon him Who coming to Cambridge the next morining found him preparing for his journy laid hold upon him and committed him to the charge of some of the Guard It is reported that the Duke had no sooner seen the Earle of Arundell but he fell down upon his knees and besought him to be good unto him humbling himselfe before him with more abjectednesse than formerly he had insulted over him with pride and insolence By safe but easie journies he is brought unto the Tower on the 25 day of July together with the Earl of Warwick the Earle of Huntington the Lord Hastings the Lord Ambrose and the Lord Henry Dudley two of Northumberlands younger sons Sir Andrew Dudly the Duke's brother Sir John Gates and Henry Gates his brother Sir Thomas Palmer who formerly had served his turn in the destruction of the Duke of Sommerset and Dr Sandys Vice Chancelor of the University of Cambridge Followed the next day after by the Marquesse of Northampton Dr Nicholas Ridley Bishop of London the Lord Robert Dudley another of Northumberland's sons and Sir Robert Corbet who having made their Applications to the Queen at Framingham found there no better entertainment than if they had been take in some act of Hostility The 27 day brings in Sir Roger Chomley Chief Justice of the Kings Bench and Sir Edward Mountague Chief Justice of the Common Pleas the Duke of Suffolk and Sir John Cheek on the morrow after shutting up the Arrer But the Duke of Suffolk stayed not long for being considered in himself as an easie person of whom they were to fear no danger and otherwise no more in fault than the rest of the Council he was released again within three dayes after to the great comfort of his daughter the late queen Jane who would have died dayly for her Father though but once for her self But so it fared not with the Duke of Northumberland a more dangerous person who together with John Earl of Warwick his eldest son and William Marquesse of Northampton was brought to their tryal on the eighth of August before Thomas Duke of Norfolk then sitting as Lord High Steward in Westminster Hall The Duke being brought unto the bar humbled himself with great reverence before his Peers professing his faith and allegiance to the Queen against whom he confessed he had so grievously offended that he intended not to speak any thing in his own defence But having been trained up to the study of the Laws in his younger dayes he desired the judgement of the Court in these two points First Whether any man doing any act by Authority of the Princes Councel and by warrant of the Great Seal of England and doing nothing w●th●●t the same might be charged with treason for any thing which he might do by warrant thereof And secondly which pinched then his Judges to some purpose Whe●her any such persons as were equally culpable in the crime and those by whose Letters and Commandments he was directed in all his doings might sit as Judges and passe upon his trial as his Peers Whereunto it was answered by the Court with advice of the Judges First That the Great Seal which ●e pre●ended 〈◊〉 his warrant was not the Seal of the lawful Queen of the Realm but th● Se● of 〈◊〉 ●●surper who had no authority and theref●re could b● no warrant to him And secondly That if any were as deeply to be touched in the case as himself yet so long as n● attainder was upon Record against them they were looked upon by the Law as persons capable of passing upon any tryal and not to b● challenged by any in that respect but only at the Prince's pleasure Which being delivered by the Court in point of Law the Duke conceived that it would be to no purpose for him to plead Not Guilty and thereupon confessed the Indictment as the other two prisoners also did they all received judgement in the usual form On the pronouncing whereof he besought the Lords to move the Queen that she would be gratious to his sons who might be able to do good service in the time to come considering that they went not with him of their own free will but only in
tempore existentes according to the Laws of the Land which were th●n in force whether by Purchase or by Gift or in the way of Exchange which are the words of the Decree And secondly If the said Lands were warranted and confirmed unto them by Letters Patents from the two last Kings qui per literas Patentes easdem Terras War●antiz●runt as is declared in the Second of the following Reasons For which Consult the Book Entituled No Sacrilege nor Sin to purchase Cathedr●l-Lands c. page 52. Where still observe that nothing made a Lawful Title in the Pope's Opinion but the King's Letters Patents grounded on the Laws of the Land as is expressed more clearly in the former Passages But this can no way serve the Turn of some present Purchasers though much insisted on by one of that number to justifie his defacing of an Episcopal Palace and his pretensions to the Wealthy Borough which depended on it For certainly there must needs be a vast disproportion between such Contracts as were founded upon Acts of Parliament Legally passed by the King's Authority with the Consent and Approbation of the Three Estates and those which have no other Ground but the bare Votes and Orders of both Houses onely and perhaps not that And by this Logick he may as well justifie the late horrid Murther committed on the most incomparable Majesty of King CHARLES the First as stand upon the making good of such Grants and Sates as were Contracted for with some of those very Men who Voted to the setting up of the High Court of Justice as most ridiculously they were pleased to call it When I shall see him do the one I must bethink my self of some further Arguments to refute the other And so Queen MARY makes Her Exit and leaves the Stage to Queen ELIZABETH Her younger Sister A Princess which had long been trained up in the Schole of Experience and knew the Temper of the People whom She was to Govern who having generally embraced the Reformed Religion in the Time of Her Brother most passionately desired the Enjoyment of it under Her Protection And She accordingly resolved to satisfie the Piety of their Desire as soon as She had Power and Opportunity to go thorough with it In Prosecution of which Work She raised Her whole Fabrick on the same Foundation which had been lay'd by the Reformers in the Reign of King EDWARD that is to say the Word of God the Practise of the Primitive Times the General Current of the Fathers and the Example of such Churches as seemed to retain most in them of the Antient Forms But then She added thereunto such an equal mixture both of Streng●h and Beauty as gave great Lustre to the Church and drew along with it many rare Felicities on the Civil State both Extraordinary in themselves and of long Continuance as the most Excellent King IAMES hath right-well observed So that We may affirm of the Reformation of the Church of England as the Historian doth of the Power and Greatness of the Realm of Macedon that is to say that The same Arts by which the first Foundations of it were laid by PHILIP were practised in the Consummation and Accomplishment of it by the Care of ALEXANDER For in the first Year of Her Reign the Liturgie being first Reviewed and qualified in some Particulars was confirmed by PARLIAMENT in Her first Year the Articles of Religion were agreed upon the Convocation and in the Eight the Government of the Church by Arch-Bishops and Bishops received as strong a Confirmation as the Laws could give it And for this last We are beholden unto BONNER the late Bishop of LONDON who being called upon to take the OATH of Supremacie by HORN of Winton refused to take the OATH upon this Account because HORNs Consecration was not good and valid by the Laws of the Land Which he insisted on because the Ordinal Established in the Reign of King EDWARD by which both HORN and all the rest of Queen ELIZABETH's Bishops received Consecration● had been discharged by Queen MARY and not restored by any Act of Parliament in the present Reign Which being first declared by PARLIAMENT in the Eighth of this Queen to be Casus omissus or rather that the Ordinal was looked upon as a part of the Liturgie which had been solemnly confirmed in the first of this Queen's Reign they next Enacted and Ordained That all such Bishops as were Consecrated by that Ordinal in the Times precedent or should be Consecrated by it in the time to come should be reputed to be lawfully Ordained and Consecrated to all Intents and Purposes in the Law whatever Which added as much Strength to the Episcopal Government as the Authority of Man and an Act of Parliament could possibly Conferr upon it This made the Queen more constant to Her former Principles of keeping up the Church in its Power and Purity without subjecting it to any but Her Self alone She looked upon Her Self as the Sole Fountain of both Jurisdictions which She resolved to keep in their proper Chanels neither permitting them to mingle Waters upon any occasion nor suffering either of them to invade and destroy the other And to this Rule She was so constant that when one Morrice being then Attorney of the Dutchy of Lancaster had offered a Bill ready drawn to the House of Commons in the Thirty Fifth of Her Reign for the Retrenching of the Ecclesiastical Courts in much Narrower Bounds She first commanded Coke then Speaker and afterwards successively Chief Justice of either Bench not to admit of any such Seditious Bills for the time to come And that being done She caused the person of the said Attorney to be seized upon deprived him of his Place in the dutchy-Dutchy-Court disabled him from Practising as a Common-Lawyer and finally shut him up in Tutbury-Castle where he continued till his Death By which Severity and keeping the like Constant Hand in the Course of Her Government She held so great a Curb on the Puritan Faction that neither Her Parliaments nor Her Courts of Justice were from thenceforth much troubled with them in the rest of Her Reign This is the Sum and Method of the following History in the Particulars whereof thou wilt finde more to satisfie thy Curiosity and inform thy Judgment then can be possibly drawn up in this General View As for my Self and my performance in this Work in the first place I am to tell thee that towards the raising of this Fabrick I have not borrowed my Materials onely out of Vulgar Authors but searched into the Registers of the Convocation consulted all such Acts of Parliament as concerned my Purpose advised with many Foreign Writers of great Name and Credit exemplified some Records and Charters of no common Quality many rare Pieces in the famous Cottonian Library and not a few Debates and Orders of the Council-●able which I have lai'd together in as good a Form and beautified it with a
Edward Wotton Doctour Wotton and Sir Richard Southwell Of which some shewed themselves against him upon former Grudges as the Earl of South-hampton some out of hope to share those Offices amongst them which he had ingrossed unto himself many because they loved to follow the strongest side few in regard of any Benefit which was like to Redound by it to the Common-Wealth the greatest part complaining that they had not their equal Dividend when the Lands of Chanteries Free-Chapels c. were given up for a Prey to the greater Courtiers but all of them disguising their private Ends under pretense of doing service to the Publick The Combination being thus made and the Lords of the Defection convented together at Ely-House in Holborn where the Earl then dwelt they sent for the Lord Mayour and Aldermen to come before them To whom it is declared by the Lord Chancellour Rich a man of Sommerset's own preferring in a long Oration in what dangers the Kingdom was involved by the mis-Government and Practices of the Lord Protectour against whom he objected also many Misdemeanours some frivolous some false and many of them of such a Nature as either were to be condemned in themselves or forgiven in him For in that Speech he charged him amongst other things with the loss of the King's Peeces in France and Scotland the sowing of Dissension betwixt the Nobility and the Commons Embezelling the Treasures of the King and inverting the Publick stock of the Kingdom to his private use It was Objected also That he was wholly acted by the Will of his Wife and therefore no fit man to command a Kingdom That he had interrupted the ordinary Course of Justice by keeping a Court of Requests in his own House in which he many times determined of mens Free-holds That he had demolished many Consecrated Places and Episcopal Houses to Erect a Palace for himself spending one hundred pounds per diem in superflous Buildings That by taking to himself the Title of Duke of Sommerset he declared plainly his aspiring to the Crown of this Realm and finally having so unnaturally laboured the Death of his Brother he was no longer to be trusted with the Life of the King And thereupon he desires or conjures them rather to joyn themselves unto the Lords who aimed at nothing in their Counsels but the Safety of the King the Honour of the Kingdom and the Preservation of the People in Peace and Happiness But these Designs could not so closely be contrived as not to come unto the Knowledg of the Lord Protectour who then remained at Hampton-Court with the rest of the Lords who seemed to continue firm unto him And on the same day on which this meeting was at London being the sixth day of October he causeth Proclamation to be made at the Court-Gates and afterwards in other places near adjoyning requiring all sorts of persons to come in for the defence of the King's Person whom he conveyed the same night unto Windsore-Castle with a strength of five hundred men or thereabouts too many for a Guard and too few for an Army From thence he writes his Letters to the Earl of Warwick to the rest of the Lords as also to the Lord Mayour and City of London of whom he demanded a supply of a thousand men for the present service of the King But that Proud City seldom true to the Royal Interess and secretly obsequious to every popular Pretender seemed more inclinable to gratifie the Lords in the like Demands then to comply with his Desires The News hereof being brought unto him and finding that Master Secretary Peter whom he had sent with a secret Message to the Lords in London returned not back unto the Court be presently flung up the Cards either for want of Courage to play out the Game or rather choosing willingly to lose the Set then venture the whole Stock of the Kingdom on it So that upon the first coming of some of the opposite Lords to Windsore he puts himself into their hands by whom on the fourteenth day of the same Moneth he is brought to London and committed Prisoner to the Tower pitied the less even by those that loved him because he had so tamely betrayed himself The Duke of Sommerset no longer to be called Protectour being thus laid up a Parliament beginneth as the other two had done before on the fourth of November In which there passed two Acts of especial consequence besides the Act for removing all Images out of the Church and calling in all Books of false and superstitious Worship before-remembred to the concernments of Religion The first declared to this Effect That Such form and manner of making and Consecrating Arch-Bishops and Bishopt Priests Deacons and other Ministers of the Church as by six Prelates and six other Learned Men of this Realm learned in God's Law by the King to be appointed and assigned or by the most number of th●m shall be devised for that purpose and set forth under the Great Seal before the First of April next coming shall be lawfully exercised and used and no other The number of the Bishops and the Learned Men which are appointed by this Act assure me that the King made choice of the very same whom he had formerly imployed in composing the Liturgie the Bishop of Chichester being left out by reason of his Refractoriness in not subscribing to the same And they accordingly applyed themselves unto the Work following therein the Rules of the Primitive Church as they are rather recapitulated then ordained in the fourth Councel of Carthage Anno 401. Which though but National in it self was generally both approved and received as to the Form of Consecrating Bishops and inferiour Ministers in all the Churches of the West Which Book being finished was made use of without further Authority till the year 1552. At what time being added to the second Liturgie it was approved of and confirmed as a part thereof by Act of Parliament An. 5. Edw. 6. cap. 1. And of this Book it is we finde mention in the 36th Article of Queen Elizabeth's Time In which it is Declared That Whosoever w●re Consecrated and Ordered according to the Rites thereof should be reputed and adjudged to be lawfully Consecrated and rightly Ordered Which Declaration of the Church was afterwards made good by Act of Parliament in the eighth year of that Queen in which the said Ordinal of the third of King EDVVARD the Sixth is confirmed and ratified The other of the said two Acts was For enabling the King to nominate Eight Bishops as many Temporal Lords and sixteen Members of the Lower House of Parliament for reviewing all such Canons and Constitutions as remained in force by Virtue of the Statute made in the 25th year of the late King HENRY and fitting them for the Vse of the Church in all Times succeeding According to which Act the King directed a Commission to Arch-Bishop Cranmer and the rest of the Persons whom he
added from the Holy Scripture where Solomon is found to be preferred unto the Throne by David before Adonijah the youngest Son before the eldest a Childe before a Man experienced and well grown in years And some Examples also might be had of the like Transpositions in the Realm of Scotland in Hungary Naples and else where enough to shew that nothing had been done in this great Transaction which was not to be presidented in other Places Upon all which Considerations it was thought most agreeable to the Rules of Polity that the King by Letters Patents under the Great Seal of England should so dispose of the Possession of the Crown with such Remainders and Reversions as to him seemed best as might prevent such Inconveniencies and Emergent Mischiefs as might otherwise happen which could not better be effected then by setting the Crown on the Head of the Lady Jane a Lady of a Royal Blood born in the Realm brought up in the Religion now by Law established Married already to a Person of Desert and Honour and such an one in whom all those Graces were concentred which were sufficient to adorn all the rest of Her Sex Thus Reason being thus prepared the next Care was to have the Instrument so contrived in due form of Law that nothing might be wanting in the Stile and Legalities of it which might make it any way obnoxious to Disputes and Questions For the doing whereof it was thought necessary to call in the Assistance of some of the Judges and others of His Majesties Council learned in the Laws of this Realm by whose Authority it might be thought more passable amongst the People Of all which Rank none was thought fitter to be taken into the Consultation then Sir Edward Montague not onely as Chief Justice of the Common Pleas and very well experienced in His own Profession But because he being one of the Executours of the King deceased his concurrence with the rest of the Council seemed the more considerable A Letter is therefore sent unto him on the eleventh of June subscribed by the Lord Treasurer the Duke of Northumberland the Earls of Shrewsbury Bedford and Pembroke the Lord Admiral Clinton the Lord Darcie Sir John Gale Sir William Peter Sir William Cecil and Sir John Cheek By the Tenour whereof he was commanded to attend upon their Lordships the next day in the Afternoon and to bring with him Sir John Baker Chancellour of the first-Fruits and Tenths Master Justice Bromeley together with the Attorney and Sollicitour General Being brought into the King's Presence at the time appointed whom they found attended by the Lord Treasurer and some others of those who had subscribed the former Letter the King declared Himself with a weak Voice to this Effect viz. That He had considered in His Sickness of the Estate of His Realm which if it should descend on the Lady Mary who was then unmarried it might so happen that She might marry a Stranger born whereby not onely the Laws of the Realm might be changed and altered but all His own Proceedings in Religion might be also reversed That it was His Pleasure therefore that the Crown should Descend after His Decease unto such Persons a●d in such Form as was contained in certain Articles then ready to be shewed unto them to be by them digested and disposed of in due Form of Law These Articles when they had Perused and Considered of they signified unto the King that they conce●ved them to be contrary to the Act of Succession which being made in Parliament could not be Frustrated or made Ineffectual but by Parliaments onely Which Answer notwithstanding the King without allowing further time or deliberation commanded them to take the Articles along with them and give the Business a Dispatch with all speed as might be But finding greater Difficulties in it then had appeared unto their Lordships they made a Report unto them at their next Attendance that they had Considered of the King's Articles and the Act of Succession whereby it appeared man●festly that if they should make any Book concerning the King's Commandment they should not onely be in danger of Treason but their Lordships also The sum of which Report being cer●ifi●d to the Duke of Northumberland who though absent was not out of Call he came in great Rage and Fury to the Council-Chamber called the Chief Justice Traitour affirmed that he would fight in his Shirt in that Quarrel against any man living and behaved himself in such an outragious manner as put both Mountague and Justice Bromely in a very great fear that he would have struck them Cal●ed to the Court again by a Letter of the fourteenth of the same Moneth they found the King more earnest in it then He was before requiring them with a sharp Voice and a displeased Countenance to dispatch the Book according to the Articles delivered to them and telling them that He would have a Parliament shortly to Confirm the same When nothing else would serve the turn Answer was made That His C●mmandment should be obeyed upon Condition that they might be Commissionated so to do by His Majestie 's Warrant under the Great Seal of England and have a General Pardon for it when the Deed was done Not daring longer to resist and having made as good Provision as they could for their own Indemn●ty they betook themselves unto the Work digested it in form o● Law caused ●t to be Engrossed in Parchment and so dispatched it for the Seal to the Lord Chancellour Goodrick sufficiently prepared before-hand not to stick upon it B●t then appeared another Difficulty amongst the Lords of the Council some of wh●ch not well satisfied with these Proceedings appeared as backward in Subscribing to the Instrument before it went unto the Seal as the Great Lawyers had done at the first in being brought to the Employment But such was the Authority which Dudley and his Party had gained amongst them that some for fear and some for favour did Subscribe at last a Zeal to the Reformed Religion prevailing in it upon some a doubt of loosing their Church-Lands more powerfully over-swaying others and all in fear of getting the displeasure of that Mighty Tyrant who by his Power and Practices carried all before him The last that stood it out was Arch-Bishop Cranmer Who being sent for to the Court when all the Lords of the Council and most of the Judges of the Realm had subscribed the Instrument refused to put his hand unto it or to consent to the Disherison of the late King's Daughters After much Reasoning of the Case he requires a longer time of deliberation consults about it with some of the most Learned Lawyers and is finally sent for by the King who having fully set his heart upon the Business did use so many Reasons to him in behalf of Religion and plyed him with such strong Perswasions in pursuance of them that at the last he suffered himself to be overcome by His Importunities