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A61451	An apology for the ancient right and power of the bishops to sit and vote in parliaments ... with an answer to the reasons maintained by Dr. Burgesse and many others against the votes of bishops : a determination at Cambridge of the learned and reverend Dr. Davenant, B. of Salisbury, Englished : the speech in Parliament made by Dr. Williams, L. Archbishop of York, in defence of the bishops : two speeches spoken in the House of Lords by the Lord Viscount Newarke, 1641.	Stephens, Jeremiah, 1591-1665.; Davenant, John, ca. 1572-1641.; Williams, John, 1582-1650.; Newark, David Leslie, Baron, d. 1682.	1660 (1660)	Wing S5446; ESTC R18087	87,157	146

the Judges But Ministers have no remedy to help themselves there being none of the Clergy upon the Bench in any authority CHAP. II. Of the Government of the Church and State of Israel by Moses and Aaron and their Successors until Christ about 1500 years That there were not two several Iurisdictions one Ecclesiastical the other Civil WHen God delivered his chosen people out of Aegypt and conducted them through the Wildernesse towards the promised Land of Canaan He began first to publish his Law And by Moses delivered them many Laws in Five Books Whatsoever Lawes he gave either moral ceremonial or Judicial they are all contained in the Five books of Moses and no man could better understand them then the Priests and Levites For God made his Covenant with Levy of Life and Peace The Law of Truth was in his mouth The Priests Lips should preserve knowledge and they should seek the Law at his Mouth Mal. 2. 5 6 7. and so Ezekiel 44. 23. They shall teach my people the difference between the Holy and prophane and cause them to discern between the unclean and the clean and in Controversie they shall stand in judgement and they shall judge according to my Iudgements and they shall keep my Lawes and my Statutes in all mine Assemblies They being the principal Judges and Lawyers in that Common-wealth of Gods own Constitution And whereas it is now granted on all hands that there were three Courts of Justice in that Kingdome 1. The great Council of the 70. Elders 2. The Court of Judgement which was in in every good Town where there were many families 3. The Court of three or some few more The Priests and Levites were principal men both Judges and Officers in all Courts Scophtim Scoterim as 1. Chron. 23. 4. both to give sentence and judgement and also to execute the same So the Divines do affirm in their late Annotations upon 1. Chron. 26. 29 30. 2. Chron. 19. 8. 11. They did study the Judicial and politick Laws and had power to see the Law of God and Injunctions of the King to be observed and to order divine and humane affairs And they held also other honourable offices for we read that Zechariah a Levite was a wise Counsellour and Benjah a Priest Son of Iehojadah was one of Davids twelve Captains being the third Captain of the Host for the third month and in his course consisting of 24000. was his Son Amizabad Benjah also was one of Davids principal worthies having the name of the three mighties He was also Captain of the guard to David and after the Death of Ioab he was made Lord General of the Army by King Salomon in Ioabs room 1. K. 2. 35. It is recored 1 Chron. 26. 30. That of the Family of the Hebronists Levites there were a thousand and seven hundred Officers on this side Iordan westward in all businesses of the Lord and in the service of the King and two thousand and seven hundred chief Fathers and men of valour whom King David made Rulers over the Re●bonists the Gadite●s and the half Tribe of Manasses for every matter pertaining to God and affairs of the King v. 31. 32. Whereby it manifestly appears that the same Judges and Officers being Priests and Levites most of them did hear and determine all sorts of causes pertaining to God and affairs of the King both Ecclesiastical and Temporal so that there was not several Courts the one Ecclesiastical and the other Civil as in these times some do affirm too peremptorily according to the Common practise and usage of these days as Godwin in his Moses and Aaron lib. 5. Beza Iunius and divers others with the Kirkmen of Scotland lately Rutherford Gillespie Baily and others So also the Papists generally who that they may establish the Popes Supremacy above Kings and their Common-laws do affirm that Regimen Ecclesiasticum est distinctum a politico as Bellarmine de Romano pontifice lib. 1. cap. 5. so our zealous party for the like ends and reasons would maintain a Government in the Clergy seperate from and independent upon the Civill Magistrate and such as ought to be directed and ruled only by the word of God and his Spirit ruling as they suppose in their classical Assemblies where they think the Throne of Christ is only to be advanced and all his holy Ordinances put in execution Whereas the King is Custos utriusqne tabulae and the Supremacy in causes Ecclesiastical as well as Temporal is acknowledged by our Statutes and annexed to the Crown For Execution thereof an Act was made 1. Eliz. cap. 1. But if the Statute had not been made to annexe the Supremacy to the Crown yet as the Lord Cook saith 4. Instit. p. 331. King Iames hath and Queen Elizabeth had before him as great and ample Supremacy and Jurisdiction Ecclesiastical ase ver King of England had before them and that had justly and rightly pertained to them by divers other Acts and by the ancient Law of England if the said clause of annexation in the said Statute 1. Eliz. had never been inserted But Iohn Pym in his Speech in Parliament 4. Caroli as Rushworth hath it in his late Collections saith that the high Commission was derived from the Parliament As if the Parliament gave the King the Supremacy as a gift of their own and that it was not vested in the Crown but as they gave it so they may take it away when they please and suppresse the Court of high Commission as they have done The duty of the Court was to reform and correct all Heresies Schismes Abuses Offences Contempts and Enormities But now upon Suppression of the Court all Heresies and Schismes in the world are broke out and such abominable abuses offences and enormities as never were known in this Kingdome with allowance and toleration This follow 's upon the new light and doctrine of Iohn Pym and all the rest of the Presbyterians who have stirred up all these troubles and of late they called the House of Commons the Supream power of the Nation in all Addresses and Petitions made unto them It was a great Error of Calvin and Beza and many others that follow them to affirm that there was one Court Ecclesiastical and another Civil in Israel Calvin upon Ieremiah 19. 1. pag. 152. saith Scimus duos fuisse ordines publicos vel duplex regimen ut loquuntur sacerdotes erant praefecti Ecclesiae nempe quoad legem ita ut spiritualis esset eorum gubernatio erant seniores populi qui prae erant rebus politicis utriusque vero quaedam inter se communio Calvin understood only the plain Hebrew not the Rabbins and Talmud nor the Jewish Antiquities Therefore in several places he is mistaken as upon Numb 11. 17. Where God appointed first the 70. Elders to be joyned as Assistants to Moses He doth interpret the Text I will take off the Spirit that is upon thee and put

the Union of Courts in England continued till the time of William the Conquerour as the learned Antiqu●ry Spelman sheweth in his Glossary in Cotes pag. 3. Mun●s comitis judiciarium fuit vim injuriam prohibere latrocinia compescere pacem regiam non solum legum tramite sed armis etiam promovere jura regia vectigalia curare colligere fisco inferre Praesidebat autem foro comitatus non solus sed adjunctus Episcopo hic ut jus divinum ille ut humanum dic●ret alter que alteri auxili● esset consilio presertim Episcopus comiti 〈◊〉 in hunc illi animadvertere saepe licuit errante●● cohibere Idem igitur ●trique territorium jurisdictionis terminus Hereby it appears that the Bishop and Earl of the Coun●y were joint governours but the Bishop was principal for he had power to restrain the Earl if he did do amisse the Bishop being learned but the Laity in those days altogether destitute of Learning and Knowledge So that it is certain that the Bishop and the Earl or Aldermen sate both together in the same Court together with their Assistants and Surrogates and so 〈◊〉 assist each other with Counsel and authority and in the forenoon they heard Church causes and in the Afternoon temporal business This manner did preserve amity between the Clergy and the Laity that they did not clash for jurisdiction by sending prohibitions Injunctions and cross orders as in our times which do occasion great vexation to the people and prolonging of Suits and doth multiply charges extreamly It is therefore certain that the Bishops and principal Clergy were always of great authority in our Kingdome especially for making of Laws and Constitutions of all kinds and executing of them which is manifest by all the Laws themselves of the Svxon Kings for about 500. years before the Conquest Wherein they first testifie that the Laws were made by the consent suffrage and approbation of the Bishops First Ethelbert the first Christian King of the Saxons made Laws which are entituled thus Haec sunt Decreta seu Iudicia qu● Ethelbe●●us Ren conslitu● Tempore Augustini As Sir Henry Spelman hath recorded them in his Comments pag. 127. All the Laws then made are not recited by Spelman but they are extant in the old Book called Textus Roffensis Written by Ernulph a Bishop of Rochester Beda de his scribit lib. 2. cap. 5. Mortem sepulturam Ethelberti referens Inter ●aetera iniquit bona quae genti suae cansulendo conferebat etiam decreta illi Iudiciorum juxta exempla Romanorum cum Consilio sapientum constituit Quae conscripta Anglorum sermone hactenus habentur observantur ab ea In quibus primitus posuit qualiter id emendare deberet qui aliquid rerum Episcopi vel reliquorum ordinem auferret volens scilicet tuitionem●●is quorum doctrinam successerat praestare Sequuntur multa ad vitae probitatem morum Correctionem pertinentia saith Spelman in his Notes Which Laws were casually omitted by my absence from the Presse at that instant but shall be added if ever a second edition be made But certainly Augustin was the principal Bishop that did make these Laws though other names are not put down but his only being the principal Yet in other Councils following divers Bishops are mentioned as in the Laws made by King Ina. Anno 693. Ego Ina Dei gratia West-Saxonum Rex exhortatione doctrina Cennedes patris mei Heddes Episcopi mei Erkenwaldes Episcopi mei omnium Aldermanorum meorum seniorum sapientum Regni mei Constitui c. So in the beginning of King Aethelstan Ego Adelstanus Rex Consilio Wulfelmi Archiepiscopi mei aliorum Episcoporum meorum mando praepositis meis omnibus Likewise in the lawes of King Edmund Edmundus Rex congregavit magnam Synodum Dei ordinis seculi apud London Civitatem in Sancto Paschae solennis ●ui interfuit Odo Wulstanus Archiepiscopi alii plures Episcopi c. The same appears by the Subscriptions to the laws made by the Bishops and principal Clergy and Abbots of their several times which are so frequent to be observed in all ancient Charters and laws in the first Tome of our English Councils that I will forbear many particulars only one for example sake being the Custome then to testifie their approbations not by voting but by subscribing their names to approve and grant the laws made in Parliament and not to refer all to a Register or Clerk to take notice of what is granted and by what persons present The Subscriptions to a Charter of King Edgar to The Monastery of Glasten Ego Edgar Rex totius Britanniae praefatam libertatem cum sigillo sanctae Crucis confirmavi Ego Elfgina ejusdem Regis Mater cum gaudio consensi Ego Edward clito Patris mei donum cum Triumpho sanctae crucis impressi Ego Kinedrius Rex Albaniae adquievi Ego Mascusius Archipirata confortavi Ego Dunstanus Dorobernensis Ecclesiae Archiepiscopus cum Trophaeo sanctae Crucis cum suffr●ganeis praesulibus Regis donum corroboravi Ego Oswald Eboracensis Ecclesiae primas consentioni subscripsi Ego Ethelnoldo Wintoniensis Ecclesiae Minister Glasten Monachus signum sanctae crucis impressi Ego Britchtelm Fontarensis Episcopns consentiens corroboravi Ego Ellslam Episcopus confirmavi Ego Oswald Episcopus adquievi Ego Elfnolde Episcopus concessi Ego Winsige Episcopus cum signo sanctae Crucis conclusi Ego Segegar abbas vexillum sanctae crucis impressi Ego Escui abbas confirmavi Ego Ordgar abbas corroboravi Ego Ethelgar abbas concessi Ego Kinword abas Concessi Ego Fideman abbas consolidavi Ego Elphets Abbas subscripsi Ego Adulf Herefordensis Ecclesiae Catascopus corroboravi Ego Elphene Dux Dominae meae sanctae Mariae Glasteniensis Ecclesiae libertatem omni devotione cum sigillo sanctae crucis confirmavi Ego Osl●ck dux consensi Ego Ethelwine dux hoc donum triumphale hagiae crucis propriae manus depictione impressi Ego Osnald minister confirmavi Ego Elfwurde minister corroboravi Ego Elthesie minister consensi Ego El●kie minister consensi Thus first the King Queen and Prince do subscribe then the Bishops afterward the Abbots and lastly the Noble-men howsoever they were then called The Bishops in all other Christian Kingdomes as in the Empire of Germany France Spain Portugal Poland Hungary and all others as Denmark and Sweden since the Change of Religion there have place and power in all their Parliaments and publick Assembies The Bishops Electors of Germany Ments Triers and Colen have place and precedency of the Temporal Electors the Duke of Bavaria Saxony and Brandenburgh as our Bishops had place sitting on the right hand of the King in the House of Lords and the Temporal Lords on the left hand And also out of the House the Bishops had precedency of all Barons

having the name among the three mighties He was also Captain of the Guard to David and after the Death of Ioab he was made Lord General of the Host by King Solomon in Ioabs room 1. King 2. 35. And this is fully to be proved by excellent learned men As Sigonius Bertram Casaubon Moulin especially by the learned Hugo Grotius upon Mal. 5. 21. Where he doth accurately shew out of the Text Iosephus Philo and other Monuments of the Jews that there was no distinction of Courts the one Ecclesiastical the other Civil as Calvin and Beza and some others that follow them would have it but the Judges and Courts were united and the Priests and Levites the principal Judges and Officers in every Court to whom the people were to be obedient upon pain of Death Deut. 17. 12. They being appointed to hear every cause between blood and blood between plea and plea and between Stroke and Stroke being matters of Controversie within thy Gates And as our Laws call them Pleas of the Crown and Common pleas or whatsoever else did arise among them pertaining to God and the King 1 Chron 26. 30. 32. for which purpose God did scatter them in every Tribe and turned the curse of Iacob into a singular blessing to be divided in Iacob and scattered in Israel Appointing 1700 to be on the West-side Iordan and 2700 on the East-side The ancient frame of our Kingdome for 500. years beforre the Conquest was thus disposed and governed As Spelman sheweth fully in his learned Glossary and Councels and happy had it been if things had continued so still But now the Law being otherwise setled and the Courts divided it is not safe or easie to make alteration Only without change of Law or Courts the Benches may continue as they are though some more Judges be added in most Courts and some Eclesiastical persons among them as in the Saxon times Comes praesidebat foro Comitatus non solus sed adjunctus Episcopo hic ut jus divinum ille ut hnmanum diceret alterque alteri anxilio esset Consilio Praesertim Episcopus Comiti nam in hunc illi annimadvertere saepe licuit errantem cohibere Idem igitur utrique territorium jurisdictionis terminus Glossarium in Comes pag. 111. The Bishop and Earl of the County were joint Magistrates in every Shire and did assist each other in all Causes and Courts and so Mr. Selden in his History cap. 14. Sect. 1. By this means there was great union and harmony between all judges and officers whereas now there is great contention for jurisdiction and intollerable clashing in all Courts by Injunctions prohibitions Consultations and crosse orders to the great Vexation of the Clients and Subjects And by multiplying several Courts the number of Lawyers is greatly increased as Lord Cook sheweth 4. Instit. p. 76. Where he gives divers reasons of the increase of Suits in Law and in the same Book reckoneth up no lesse then 74. Courts of Law and justice of all sorts in the Kingdome besides the Ecclesiastical Courts Which are not many for the number and had little businesse to do when they were in greatest power For commonly two or three proctors were enough to dispatch the businesse of any Bishops Court without Advocates But in the Courts of Common Law there is a far● greater number of Lawyers in these times whereas there was but an 140. Lawyers and Attorneys appointed by that Martial and Legislative King Edw. 2. When he distinguished the Courts and appointed the number of Lawyers and Attorneys for the whole Kingdome whereof the Writ is referred unto by Lord Cook 4. Instit. pag. 76. But the writ it self is put down by Spelman in his Glossary pag. 44. 58. Sed hodie forte in uno Comitatu tot solummodo Atlornati reperiantur But the Division and Separation of the Ecclesiastical Courts from the Temporal seems to have proceeded first from Pope Nicholas the first as is mentioned in Gratian. Com. Cum ad verum 96. Distinct. about two hundred years before the Conquest which was imitated among us by William the Conquerour whose Statute for that purpose is recited and illustrated by Spelman in his Glossary and lately also published by Mr. Selden and Lord Cook 4. Instit. c. 52. So that as the Pope hath been the Authour of much evill in the World oftentimes so in this particular when he came to the height of his greatnesse having de facto the Supremacy in all Ecclesiastical matters he made the Clergy subject only to himself and his Deputies and Legates and such officers as he sent among us But at length Hen. 8. Contested with the Pope and recovered the Supremacy of his Crown though it cost much blood and opposition in his time But he having recovered it and it being approved by Parliament it is fully setled upon the King and vested in his Crown And as Lord Cook saith 4. Instit. pag. 331. His Majesty hath and Queen Elizabeth before him had as great and ample Supremacy and Iurisdiction Ecclesiastical as ever King of England had before them and that had justly and rightly pertained to them by divers other Acts and by the ancient Laws of England if the Clause of annexation in the said Statute of 1 Eliz. had never been inserted Wherefore the Speech of Iohn Pym as in Rushworths Collections 4. Caroli That the Supremacy was given by parliament to the Crown and as he seemeth to understand it may be taken away by parliament is a dangerous opinion not to be endured Lord Cook saith 4. Instit. pag. 325. The Act 1. Eliz is an Act of Restitution not a gift meerly given which was not formerly due and belonging to the jurisdiction of the Crown If therefore the King hath his Supremacy vested in his Crown so firmly and is Custos ntriusque Tabulae by the Word of God as the Arch-bishop sheweth Then this Ecclesiastical Head must be allowed to have some Ecclesiastical Sences to be consulted withal excellently learned and principal persons of the Clergy And as he addeth truly If Cranmer the Arch-bishop had been thus dealt withal and suppressed in the minority of our young Iosias Ed. 6. What had become of the great work of our Reformation and also if Ridley Latimer Hooper and the rest of the protestant Bishops Martyrs afterwards had been set aside and neglected the Reformation could not have been effected Therefore unlesse the King have good choice of Ecclesiastical persons excellently Learned Bishops both in the ancient Councels Fathers Histories and Controversies and in Canon and Civil Laws requisite to determine of great difficulties that will continually happen in the Church whereof the Conusance belongeth to the Spiritualty as Lord Cook sheweth out of the Statute 25. H. 8. cap. 21. and commendeth them for their Knowledge Integrity and Sufficiency and if so then much more at this day I saith Coke When all kind of Learning is eminently advanced to an higher

degree then in the time of Hen. 8. Iohn Pym in another Speech 4. Caroli would have the Arminian points setled and determined in parliament viz Concerning Predestination Absolute Reprobation Universal Grace Free-will and Final perseverance before the King should have Subsidies granted Tunnage or poundage But if they would give no money to the King till those difficult poins be cleared and resolved the King must never have any Subsidies granted For those Questions are so mysterious and abstruse that all the Divines in the world cannot yet resolve fully upon them But these and such like difficult questions in Divinity belong to the Convocation of the Clergy as Cook sheweth Instit. pag. 322. and they are to be called in time of parliaments by the Kings Writ and are to proceed juxta legem divinam Canones sanctae Ecclesiae saith Cook ibid. And they are divided into two parts viz. The Upper House where the Arch-bishops and Bishops sit and the lower House where the rest do sit And they have two prolocutors one of the Bishops of the Higher House chosen by that House another of the lower house and presented to the Bishops for their prolocutor Cook ibid. The Convocation of the Clergy made the thirty nine Articles of Religion the Common prayer Book and the Book of ordination of Bishops priests and Deacons and the Book of Canons To all which what subscription is required by Law Lord Coke sheweth pag. 323. But in the late long parliament all these Books and good orders are cast aside and neglected and nothing established in stead thereof But it is hoped that the most excellent and gracious King Charles the Second will so confirrm the Truth of our Religion and all good orders Laws Customes and Rights as there shall be a full and happy Conclusion of all differences and the peace of the Kingdome and Church established to the advancement of Gods glory and the rejoycing of all that are truly wise and religious Lord Cook sheweth pag. 325. How the Commission Court for causes Ecclesiastical was setled That such Iurisdiction Spiritual or Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or lawfully may be exercised or used for the Uisitation of the Ecclesiastical State and Persons And for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever be united and annexed to the Imperial Crown of this Realm But not to the House of Commons or any others but by the dissolution of the high Commission and all other Courts Ecclesiastical there is risen up such an infinite and prodigious number of sectaries factions divisions in Religion enormities and disorders as is lamentable to behold and all scandalous sins as adultery fornication incest and such as ought not to be named among Christians go unpunished dayly If a bastard Child be gotten the Justices of the peace do only take care for keeping of the bastard but for the offence and scandal given to Religion they do nothing that belongeth to the Ecclesiastical Court to injoyn what pennance is fitting according to Ecclesiastical Laws which have been neglected too much of late though they are ancient and fundamental as well as any Common Laws But it is testified fully by the best learned Divines in forraign Countries that our Church of England was the onely Church reformed by peaceable means and gracious Princes whereas others in France Germany and other places were reformed most part by tumults and violent wars Beza from Geneva said of the Reformation by Queen Elizabeth Doctrinae puritas viget in Anglia pure sincere so said Peter Martyr and Zanchy and Damens when they saw the Confession of our faith in the thirty nine Articles and others parts of our Reformation so excellently defended by the Renowned Bishop Iewell in his Apology and Defence thereof against Harding the Papist books far more excellent and pious then ever Cartwright or any Presbyterian published and of late times the learned Deodatus professor at Geneva doth magnifie the Church of England as the most eminent of all the Reformed Churches stiling it Florentissima Anglia ocellus ille Ecclesiarum peculium Christi singulare Perfugium afflictorum imbellium Armamentarium inopum promptuarium spei melioris vexillum splendidae Domini Caulae and much more he addeth speaking of our happiness before these troubles and so it might have continued still if the Clergy might have enjoyed those rights and priviledges which the priesthood of God did anciently enjoy in all ages for in the Law of nature before Moses the priesthood was honourable Priests being then the first born and eldest sons of the Family not younger Brethren or poor fellows of the bas●st of the people How honorable the Priesthood was in the tribe of Levi is well known Sir Iames Sempill a learned Knight of Scotland doth shew it fully in his book of Sacriledge in many places Cap. 6. Sect. 4. speaking of the dignity of the Church ministry of old For tithes inheritance in the person of one Royal Melchisedeck Royal I say in regard of the great odds between that and this our age now For of old as writeth Iosephus the true mark of nobility was to derive a mans Pedigree from the Priesthood so Iosephus was a Gentleman because 〈◊〉 sanguine sacerdotali And in our time the onely best Tenure and Holding of Possessions was to hold of the Church but now all to the contrary For Rome hath frustrate her ministry of Matrimony and we at home ours of their patrimony She can bring forth no well begotten Children and we but few well beneficed Church men No Iosephs in her and all Iobs with us and instead to hold of the Church we hold all from the Church both much amiss And as he saith in his preface to King Iames Truely it never goeth better then when the Church Courteth it and the Court Churcheth it for Moses and Aaron were Brothers Well might the Learned and Religious Knight complain that things are much amiss when in the times of the light of Learning and Religion reformed hath in great measure flourished among us but of late been so defaced and deformed that it is lamentable to report more of it the Enormities being so great and scandalous that unless the Kings Majesty out of his singular piety and wisdome do resume the ancient Jurisdiction of his Crown Who onely hath the proper power and authority to reform and correct all manner of Heresies Schismes Abuses Offences Contempts and Enormitie as are the express words of the Statute 1 Eliz. as they are recited and inforced by Lord Coke 4. Instit. Pag. 325. there can be little hope of Redress but as the Queen then did assign and authorise Commissioners to execute this Jurisdiction so it may be now done Commissioners may be appointed by the King to perform and execute his power in as full and ample manner as Queen Elizabeth did and