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A25628 An Ansvver to this quodlibetical question, whether the bishops make a fundamental and essential part of the English Parliament collected out of some memorials in a larger treatise for the information of some, the confirmation of others, and the satisfaction of all. 1661 (1661) Wing A3454; ESTC R22861 15,455 24

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were strange if in the Constitution of the English Parliaments or conventus ordinum the Bishops should have been left out and none at all elected to present the Clergy But being admitted with the rest in those publique meetings and being looked on as the first Estate in the Stile of that Court it must needs be that their exclusion shakes the very fundamentals of the said Assemblies and makes the whole Body to be maimed and mutilated for want of such a principal Member so necessary to the making up of the whole Compositum But against all this it is objected first that some Acts have passed in Parliament to which the Prelates did not Vote nor could be present in the House when the Bill was passed as in the sentencing to death or mutilation of a guilty person as doth appear both by the Laws and Constitutions recognized at Clarendon and the following practice This hath been touched upon before and we told you then that this restraint was laid upon them not by the common Law of England or any Act or Ordinance of the House of Peers by which they were disabled to attend that service It was their own voluntary Act none compelled them to it but only out of a conformity to some former Canons ad Sanctorum Canonum instituta (†) Antiqui Britan. in Gul. Courtney as their own words are by which it was not lawful for the Clergy men to be either Judges or Assessors in causa sanguinis (†) Constitut Oth●lb●n Fol. 45. And yet they took such care to preserve their Interests that they did not only give their Proxies for the representing of their persons but did put up their protestations with a salvo jure for the preserving of their Rights for the time to come Jure Paritatis interessendi in dicto Parliamento (†) Antiqu. Britan. in Gul. Courtaey quoad omnia singula ibi exercenda in omnibus semper salvo as the manner was Examples of the which are as full and frequent as their withdrawing themselves on the said occasions But then the main Objection is that as some Acts have passed in Parliamen absentibus Prelatis when the Bishops did absent themselves of their own accord so many things have been transacted in the Parliament Excluso Clero when the Clergy have been excluded or put out of the House by some Act or Ordinance A President for this hath been sound and published by such as envied that poor remnant of the Churches honour though possibly they will find themselves deceived in their greatest hopes and yet the evidence will not serve to evince the cause The Author of the Pamphlet entituled the Prerogative and practice of Parliaments first layes this Tenet for his ground that many good Acts of Parliament may be made though the Archbishops and Bishops should not consent unto them (†) Printed at London 1628 p. 31. which is a point that no man doubts of considering how easily their Negative may be over-ruled by the far greater number of the secular Peers Then he adds that in a Parliament holden at St. Edmunsbury 1196. in the Reign of Edward the first a Statute was made by the King the Barons and the Commons excluso Clero and for the proof hereof referres us unto Bishop Jewill Now Bishop Jewill saith indeed That in a Parliament holden at St. Edmunsbury by King Edward the first Anno 1296. the Archbishops and Bishops were quite shut forth and yet the Parliament holden and good and wholesome Lawes were there Enacted the departing or absence of the Lords Spiritual notwithstanding (†) Defence of the Apolog. part 6. c. 2. S. 1. In the Records whereof it is written thus Habito Rex cum Baronibus suis Parliamento Clero excluso statutum est c. The King keeping the Parliament with his Barons the Clergie that is to say the Archbishops and Bishops being shut forth it was enacted c. Wherein who doth not see if he hath any eyes that by this reason if the proof be good many good Acts of Parliament may be made though the Commons either out of absence or opposition should not consent unto the same of whose consent unto that Statute whosoever it was there is as little to be found in that Record as the concurrence of the Bishops But for answer unto so much of this Reeord so often spoke of and applauded as concerns the Bishops we say that this if it be truly senced as I think it is not was the particular Act of an Angry and offended King against his Clergy not to be drawn into example as a proof or argument against a most clear known and undoubted Right The cause stood thus A Constitution had been made by Boniface the eighth Ne aliqua collecta ex ecclesiastic is proventibus Regi aut cuivis alij Principi concedatur (†) Math. westm in Edw. 1. that Clergie men should not pay any Tax or Tallage unto Kings or Princes out of their Spiritual preferments without the leave of the Pope Under pretence whereof the Clergy at this Parliament at St. Edmunsbury refused to be contributory to the Kings occasions when the Lay-Members of the House had been forwards in it The King being herewith much offended gives them a further day to consider on it Adjourning the Parliament to London there to begin on the morrow after St. Hilaries day and in the mean time commanded all their Barnes to be fast sealed up The day being come the Clergy still persisting in their former obstinacy Excluso Parliamento Clero Consilium Rex cum solis Baronibus populo habuit totumque statim Clerum protectione sua privavit (†) Antiqu. Brit. in R. Winchels●y the King saith the Historian excluding the Clergy out of the Parliament advised with his Barons and his people only what was best to be done by whose advice he put the Clergie out of his protection and thereby forced them to conform to his will and pleasure This is the summa totalis of the businesse and comes unto no more but this that a particular course was advised in Parliament on a particular displeasure taken by the King against the body of his Clergy then convened together for their particular refusal to contribute to his wants and Wars the better to reduce them to their natural duty Which makes not any thing at all against the right of Bishops in the House of Peers or for excluding them that House or for the validity of such Acts as are made in Parliament during the time of such exclusion especially considering that the King shortly after called his States together and did excuse himself for many extravagant Act which he had committed (†) Wolsingh in Edw. the 1. Anno 1297. against the Liberties of the Subject whereof this was one laying the blame thereof on his great occasions and the necessity which the Warrs which he had abroad did impose upon him And so