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SECTION. IIII.
To WILLIAM HONYEWOOD Esq
Some Conceive, that to be pressed to death the punishment on Recusants to submit to legall Tryall) is the greatest torment in the World. God keepe all good men from fee∣ling, and chiefly from deserving it. I am the easier in∣duced to believe the Exquisitenesse of the Torture, being sensible in my self by your bounty, what a burden it is for One, who would be ingenuous, to be Loaded with Curtesies which He hath not the least hope to requite, or deserve.
1.IN this year began the Suit betwixt Robert Horne Bishop of Winchester,* 1.1 and Edmund Bonner late Bishop of London on this occasion. All Bishops were impowred by the statute quinto Elizabethae, to tender the Oath of Supremacy to all persons living within their Diocess. Now Bishop Bonner was within the Diocess of Winchester full ill against his will (as being a Prisoner in the Marshall-See, in Southwarke) to whom Horne offered this Oath, and he refused the taking thereof. Hereupon his refusall was returned into the Kings-Bench, and he indicted on the same. Being indicted, he appeared there, confessed the fact, but denied himself culpable, and intending to traverse the Indictment, desired that Councell might be assigned him. Sr. Robert Cateline, then Chief Justice granted his motion, and no meaner then Ploydon that eminent Lawyer Christopher Wray, afterwards Lord Chief Justice, and Lovelace, were deputed his Councell.
2. First they pleaded for their Client,* 1.2 that Bonner was indicted without the title, and addition of Bishop of London, and only stiled Doctour of Law, and one in Holy Orders. But the Judges would not allow the exception as legall to avoid the Indictment.
3. Secondly,* 1.3 they pleaded that the Certificate entred upon Record, was thus brought into the Court. Tali die & anno per A. B. Cancellarium dicti Episcopi Winton. And did not say, per mandatum Episcopi, for the want of which clause, Bonner his Councell took exceptions thereat, sed non alloca∣tur, because the Record of it by the Court is not of necessity.