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A31108 The representation or defence of Collonel Nathaniell Barton (a member of this present Parliament) occasioned by the petition of Sir Samuel Sleigh, knight, which representation is humbly tendered to the consideration of this honourable assembly of Parliament. Barton, Nathaniel, b. 1616.; Sleigh, Samuel, Sir, 1602 or 3-1679. 1654 (1654) Wing B989A; ESTC R2886 12,641 16

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it is expressed thus The Office of the Ministry being of such great importance that it will take up the whole man Which I fully grant And I well remember what Paul saith speaking of this Office Who is sufficient for these things yet I finde Paul himself and that without scandal or prejudice of souls in case of necessity labouring in that craft of Tent-making That Englands necessity and this Counties necessity did put a sword into my hands and called me at first to act in some civill capacities will afterwards appear I do observe that the Act stiles the Ministry an Office and I pray that alwaies in England and In the Church of Christ it may be owned so This Office is of such great importance that it will take up the whole man But this Office unlesse there be materia substrata a present charge to apply it self unto cannot be said so properly to take up the whole man The Office of a Minister I do conceive is of a relative consideration and being taken in actu exercito as having relation to a pastorall charge or that which is usually called cure of souls so it will take up the whole man I never was invested either with Parsonage Vicarage or Donative and am not at this hour invested with either neither have I ever undertaken the charge of any of those which are called select Congregations but am at this very time a private member of a Congregation in Derby It hath alwaies been against my principle {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} to meddle in other mens Cures I have none of mine own but the design of the Act is evident that those in holy Orders were to be disenabled to sit in Parliament that souls might not be neglected that Ministers might not be taken off from that great important duty of watching over those souls committed to their charge A third ground of the Act is for that it is found by long experience that their intermedling with secular jurisdictions hath occasioned great mischief both to Church and State It is not my work to rip up the mischiefs that Episcopal men did to Church and State by medling with secular jurisdiction I beleeve they did as much mischief in their spirituall as in their secular jurisdiction and therefore were justly deprived of both yet I do beleeve if they had not been observed to do mischief but to have emploied their power spirituall and secular to the benefit of Church and State the Parliament would have suffered their double power to this day What prejudice either to Church or State hath my intermedling with secular jurisdiction brought forth If hazarding life if losing bloud if endeavouring in my Countrey as a Justice to be in some measure to the praise of them that do well and to the punishment of evil doers If in the last Parliament opposing those wilde and dangerous principles so much spoken of be prejudicial to Church and State then am I guilty And if I had been in any secular employment prejudiciall to Church or State I make no question but it would have been inserted in the Petition preferred against me But the Act saith That Bishops and other persons ought not to be entangled with secular jurisdiction What an Act of Parliament speaks hath great influence upon me to command my outward man and to leade though not altogether compell my judgement yet upon this occasion If I thought this Honourable Parliament would indulge an unworthy member so far I would offer to consideration that instance of Aaron Exo. 24.14 where Moses going up into the Mount to remain fourty daies he saith unto the Elders Tarry ye here for us until we come again unto you and behold Aaron and Hur are with you if any man have any matters to do let him come unto them Whether Aaron as well as Hur be not here delegated to take cognizance of civil causes I leave it sub judice And whether Aaron at least as a deputed Magistrate Exod. 32. was not concern'd to have hindred the golden Calf I 'le not determine And when Moses makes use of the Levites only to put three thousand to the Sword who had had an hand in that Idolatry the question is whether this was the fruit of an Ecclesiasticall or a civil censure We reade of Samuel 1 Sam. 3.20 that he was established to be a Prophet of the Lord yet in Chap. 7.15 we finde that he judged Israel all the dayes of his life and v. 16. he went from year to year in circuit to Bethel and Gilgal and Mizpah and judged Israel in all those places If it be objected that there are no instances in the New Testament It might be answered that Magistracy it self was not then in Christian hands But suppose there had been civil power in such hands in Paul and Timothys time and there had been a Councel or Parliament held where Church as well as State affairs had been to be transacted The Question would be Whether in case that Paul and Timothy had been chosen whether the one or other ought not to have attended the trust reposed or whether Christian members would have rejected them Thirdly If it were granted that I am within the letter of this Act yea in some sort within the ground and meaning of it yet I have something further and that with such advantage to offer that I think I need not fear to pleade my case against the Petitioner before this Honourable Assembly or in any presence in this world And here first I shall referre my self unto the Instrument which is stiled The Government of the Common-wealth of England Which Goveroment in the 14th and 15th Articles laies down the rules who shall not be capable of being elected and makes no exception of any in holy Orders That I come within the compasse of the 17th Article I shall easily put the business to that issue And in the 21th Article I finde these very words That every person and persons being so duely elected and being approved of by the major part of the Councel to be persons not disabled but qualified as aforesaid shall be esteemed a Member of Parliament and be admitted to sit in Parliament and not otherwise And accordingly I did passe with the approbation of the Councel As the Government makes no exception as to any in Orders so it makes provision for some to be capable of being elected to serve in this Parliament notwithstanding they have aided advised assisted or abetted in any war against the Parliament since Jan. 1. 1641. In case they have been since in the Service of the Parliament and have given signal Testimony of their affection thereunto and this notwithstanding former Acts or Ordinances of Parliament to the contrary And hereupon I cannot but take leave yet in all humility to prostrate this before this Honourable Assembly In that the Government is so tender of the service of any done to the Parliament in any though a later season as that