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A29942 The clergy vindicated, or, The rights and privileges that belong to them, asserted according to the laws of England more particularly, touching the sitting of bishops in Parliament, and their making proxies in capital cases. Brydall, John, b. 1635? 1679 (1679) Wing B5255; ESTC R302 30,705 36

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Temporal Baronies do enjoy all the Immunities that the Nobility and Peers of Parliament do saving only they are not to be judged by their Peers And the reason of this is because the Bishops cannot pass in like Cases upon the Tryal of any other of the Peers for that they are prohibited by the Canons of the Church to be Judges of Life and Death And reason would that the other Peers should not try them for this Tryal should be mutual for as much as it is performed upon their Honours without any Oath taken Now the Privileges that the Bishops claim as Peers of the Realm are such as these following 1. The Person of a Bishop shall not be arrested in Debt or Trespass by his Body 2. If a Bishop be Demandant or Plaintiff Tenant or Defendant there must be a Knight returned of his Jury or else the Array may be quashed 3. Arch-Bishops and Bishops are not bound to attend Leets nor to take the Oath there administred 4. A Day of Grace is never granted where a Bishop is Tenant or Defendant 5. If a Bishop be Defendant in Star-Chamber or Court of Chancery a Subpoena shall not be awarded but a Letter from the Lord Chancellor or Lord Keeper in lieu thereof 6. Every Arch Bishop or Bishop coming to the King at his Commandment and passing by any of the King's Forests may hunt and kill one or two of the King 's Deer 7. If a Bishop be Party to a Suit and would be essoigned he that casts the Essoigne out must put in Sureties to prove the Cause Which is not usual in the Case of a Common Person 8. If a Plaintiff recover against a Bishop in an Action of Debt or Trespass upon such a Plea pleaded by him or other Default in him so that a Fine thereby doth grow to the King and thereupon a Capias p●o Fine issueth out against him this shall not prejudice the Bishop so as the Plaintiff may thereby take advantage by Prayer that the Bishop shall abide in Execution c. 9. Whereas by a Statute made in 32. H. 8 c 16. it is enacted that the Subjects of the Realm shall not keep in their Families or Houses above the number of four Strangers born nevertheless by a Proviso in the said Act every Lord of Parliament hath his Privilege allowed unto him to keep in his Family the number of six Strangers born any thing in that Act to the contrary notwithstanding 10. By the Statute of West 1. c. 34. If any Person shall divulge false Tales of any of the Lords of Parliament by which Dissention may be betwixt the Commons and them the Offender is to be imprisoned until he bring forth the Author In brief My Lords the Bishops as 't is said before may challenge a Fruition of all the Privileges in virtue of their Baronies that the Lords Temporal can by virtue of theirs saving only the Bishops cannot be tryed by their Peers Which manner of Tryal was as I am informed brought into this Realm by William the Conqueror being answerable to the Norman and French Laws and agreeable to the Customs Feudal where almost all the Controversies arising between the Sovereign and his Vassal are tryed per Judicium Parium suorum 16. Their Precedency SIr Edward Coke treating on the Statute of the thirty first of Henry the Eighth c. 10. concerning the Precedency of the King 's great Officers hath these same words And first Cok● 4. Inst. 36● for the Lords Spiritual who sit in Parliament on the King 's Right Hand amongst themselves 1. The Arch-Bishop of Canterbury 2. The Arch-Bishop of York on the same form 3. The Bishop of London 4. The Bishop of Durham 5. The Bishop of Winchester And then all the other Bishops of both Provinces shall sit and be placed after their Antienties as before this Act was accustomed But having regard to the Lords and Noble Peers of the Realm both the Arch-Bishops have place above all the great Officers and Nobility in Parliament Council and Commissions saving in the Star-Chamber the Lord Chancellor or Lord Keeper hath the Precedency of them But the other Bishops have place above all the Barons of the Realm because they hold their Bishopricks of the King per Baroniam but they give place to Viscounts Earls Marquesses and Dukes Note that in the penning of all Acts of Parliament the Lords Spiritual have the Preseance of the Lords Temporal And this shall suffice for the placing of the Lords Spiritual in Parliament c. according to Sir Edward Coke I will offer something out of Mr. Seagar the famous Herauld touching Preseance in Provincial Assemblies and elsewhere When the Arch-Bishop of Canterbury sitteth in his Provincial Assembly he hath on his Right Hand the Arch-Bishop of York and next unto him the Bishop of Winchester and on the Left Hand the Bishop of London But if it fall out that the Arch-Bishop of Caenterbury be not there by the Vacation of his See then the Arch-Bishop of York is to take his place who admitteth the Bishop of London on his Right Hand and the Bishop of Winchester to his Left the rest sitting as they are Elders by Consecration C. Lib. 4. c. 24. Of Honours Military and Civil A Bishop must do Reverence unto his Father at home but being in the Church the Father shall follow him Between two Equals he that is in his own Jurisdiction shall precede As if an Arch-Bishop do come into a Diocess of a Bishop notwithstanding he is a Person of more Dignity yet ought he give Honour unto the Bishop because his Presence doth not cancel his Authority C. Lab. 4. c. 24. Of Honour Military and Civil 17. Their Excommunications EXcommunication that is the greatest Judgment upon Earth being that which is ratified in Heaven will be the better understood by these Particularities 1. It s Definition 2. It s Division 3. The Writs that belong to it 4. By whom it ought to be cerified 5. The Power of it in a Christian Church First Its Definition Excommunication is thus defined by Panormitan Co. Lit. 133. b Excommunicatio est nihil aliud quàm Censura a Canone Vel Judice Ecclesiastico prolata inflicta privans legitima Communione Sacramentorum quandoque Hominum Secondly Its Division This Excommunication thus defined by the Canonist is twofold Co. Lit. 133 b. it is either Lesser or Greater The Lesser is Per quam quis a Sacramentorum participatione Conscientia vel Sententia arcetur The Greater Excommunication is that which Non solùm a Sacramentorum verum etiam fidelium Communione excludit ab omni actu legitimo separat dividit Either of these disableth the Party to sue any Action in the Kings Courts And yet our Books tell us that every Excommunication disableth not the Party As for Example If Bailiffs and Commons 30. E. 3.15 Co. Lit. 134. a. or any other Corporation aggregate of many bring an Action Excommengement in the