the Lord Commissioners the Right of Sitting there 1. The Prebends Original Right 2. Their Derivative Right and lastly their Possessory Right Upon hearing the proofs on both sides it was ordered by general consent of the Lord Commissioners That the Prebends should be restored to their old Seat and that none should sit there with them but Lords of the Parliament and Earls eldest Sons according to the ancient custom After this there was no Bishop of Lincoln to be seen at any Morning-Prayer and seldom at Evening At this time came out the Doctor 's History of the Sabbath the Argumentative or Scholastick part of which subject was referred to White Bishop of Eli the Historical part to the Doctor And no sooner had the Doctor perfected his Book of the Sabbath but the Dean of Peterborough engages him to answer the Bishop of Lincoln's Letter to the Vicar of Grantham He received it upon good Friday and by the Thursday following discovered the sophistry mistakes and falshoods of it It was approved by the King and by him given to the Bishop of London to be Licens'd and Publish'd under the title of a Coal from the Altar In less than a twelve-month the Bishop of Lincoln writ an Answer to it Entituled The Holy Table Name and Thing but pretended that it was writ long ago by a Minister in Lincolnshire against Dr. Cole a Divine in the days of Queen Mary Dr. Heylyn receiv'd a Message from the King to return a reply to it and not in the least to spare him And he did it in the space of seven weeks presenting it ready Printed to his Majesty and called it Antidotum Lincolniense But before this he answered Mr. Burtons Seditious Sermon being thereunto also appointed by the King In July 1637. the Bishop of Lincoln was censured in the star-Star-Chamber for tampering with Witnesses in the Kings Cause suspended à Beneficio officio and sent to the Tower where he continued three years and did not in all that space of time hear either Sermon or publick Prayers The College of Westminster about this time presented the Doctor to the Parsonage of Islip now void by the death of Dr. King By reason of its great distance from Alresford the Doctor exchanged it for South-warnborough that was more near and convenient At which time recovering from an ill fit of Sickness he studiously set on writing the History of the Church of England since the Reformation in order to which he obtained the freedom of Sir Robert Cottons Library and by Arch-bishop Laud's commendation had liberty granted him to carry home some of the Books leaving 200 l. as a Pawn behind him The Commotions in Scotland now began and the Arch Bishop of Canterbury intending to set out an Apology for vindicating the Liturgy which he had commended to that Kirk desired the Doctor to translate the Scottish Liturgy into Latin that being Published with the Apology all the World might be satisfied in his Majesties piety as well as the Arch-Bishops care as also that the perverse and rebellious temper of the Scots might be apparent to all who would raise such troubles upon the Recommendation of a book that was so Venerable and Orthodox Dr. Heylyn undertook and went through with it but the distemper and trouble of those times put a period to the undertaking and the Book went no farther than the hands of that Learned Martyr In Feb. 1639. the Doctor was put into Commission of Peace for the County of Hampshire residing then upon this Living into which place he was no sooner admitted but he occasioned the discovery of a horrid Murther that had been committed many years before in that Countrey In the April following he was chosen Clerk of the Convocation for the College of Westminster at which time the Arch-Bishop of Canterbury sending a Canon to them for suppressing the farther growth of Popery and reducing Papists to the Church our Doctor moved his Grace that the Canon might be enlarged for the Peoples farther satisfaction as well as the Churches benefit what was done therein and many other notable things by that Convocation may be seen at large in the History of the Arch-Bishops Life Friday being May the 29th the Canons were formally subscribed unto by the Bishops and Clergy no one dissenting except the Bishop of Glocester who afterward turn'd Papist and died in the Communion of the Romish Church and was all that time of his Life in which he revolted from the Church of England a very great Servant of Oliver Cromwel unto whom he dedicated some of his Books But for his Contumacy in refusing to subscribe the Articles he was voted worthy of Suspension in the Convocation and was actually Suspended by the Arch-Bishop of Canterbury which being done the Convocation was ended In Novemb. 3. A.D. 1640. began the Session of the long Parliament At the opening of which a general Rumor was spread abroad that Dr. Heylyn was run away for fear of an approaching storm that was like to fall upon his head as well as on his Grace the Arch-Bishop of Cauterbury but he who was ever of an undaunted spirit would not pusillanimously desert the Cause of the King and Church then in question but speedily hastned up to London from Alresford to confute the common calumny and false report raised on him by the Puritan faction that he appeared the next day in his Gown and Tippet at Westminster-Hall and in the Church with the accustomed formalities of his Cap Hood and Surplice employed then his Pen boldly in defence of the Bishops Rights when the Lords began to shake the Hierarchy in passing a Vote That no Bishop should be of the Committe for Examination of the Earl of Strafford being Causa sanguinis upon which the Doctor drew up a brief and excellent Discourse entituled De jure paritatis Episcopum wherein he asserted all the Bishops Rights of Peerage and principally of this as well as the rest That they ought to sit in that Committee with other Priviledges and Rights maintained by him which either by Law or ancient custom did belong unto them A rare Commendation at this juncture of time for which the Doctor is to be admired that he could command his Parts and Pen of a sudden to write on this subject or any other if there was need that did conduce to the publick good and above all make a quick dispatch in accomplishing what he had once undertaken and begun But for those quick dispatches the Doctor afterward endured many tedious waitings at the backs of Committe-men in that Parliament especially in the business of Mr. Pryn about his Histriomastix for which he was kept four days under examination because he had furnished the Lords of the Privy Council with matters out of that Book which Mr. Pryn alledged was the cause of all his sufferings Great hopes had the Committee by his often dancing attendance after them to sift the Doctor if they could gather any thing by his speeches
not to be forgiven him I hope the Doctor has met with a more merciful Judge in another World than Mr. Burnet is in this If he had been a Factor for Papists Mr. Burnet should have presented one particular instance which he cannot do As we have said before in his Life he communicated that design of his History of Reformation to Arch-Bishop Laud from whom he received all imaginable encouragement by ancient Records that he perused And what benefit could any Reader receive to have quoted to him the pages of Manuscripts Acts of Parliament Records of old Charters Registers of Convocation Orders of the Council-Table or any of those out of the Cottonian Library which the Doctor made use of The Lord Bacon writ of Transactions beyond his own time living as far distant from the Reign of K. Hen. VII as Dr. Heylyn did from K. Hen. VIII who laid the first foundation of the Reformation yet I cannot find there more quotations of Authors than in Dr. Heylyns History yet I suppose Mr. Burnet will look upon the Lord Bacons History as compleat And if all this were made out 't is no more than what may be laid at the door of the Author who lately writ the History of Duke Hamilton Hist D. Ham. p. 29 30. where are reported the most abominable Scandals that were broach'd by the malicious Covenanters against the Scottish Hierarchy and they are permitted without the least contradiction or confutation to pass as infallible Truths that so Posterity as well as the present prejudiced Age might be levened with an implacable enmity and hatred against the whole Order of Episcopacy Although the Hamiltons were the old inveterate Enemies of the Stuarts and the Duke of whom the History is compiled was an Enemy as treacherous to K. Charles I. as any that ever appeared against him in open Arms. He was the cause of the first Tumult raised in Edenburgh He Authorised the Covenant with some few alterations in it and generally imposed it on that Kingdom He was the chief Person that prevailed with the King to continue the Parliament during the pleasure of the two Houses and boasted how he had got a perpetual Parliament for the English and would do the like for the Scots He aimed at nothing less than the Crown of Scotland and had so courted the common Soldiers that David Ramsey openly began a health to K. James VII yet all these things with many others are either quite smothered or so painted over by Mr. Burnet that the Volume he has writ may be called an Apology or a Panegyrick rather than a History Of all these matters the Doctor hath acquainted the world before in the Life of Archbishop Laud and the Observations that he wrote upon Mr. L'Estrange's History of King Charles I. I will be bold to aver if the Doctor had employed his great Learning and Abilities to have written but one half of those things against the King and Church of England which he wrote for them he would have been accounted by very many persons I will not say by Mr. Burnet the truest Protestant the most faithful Historian the greatest Scholar and in their own phrase the most pretious man that ever yet breathed in the Nation But he had the good luck to be a Scholar and better luck to employ his Learning like an honest man and a good Christian in the defence of a righteous and pious King of an Apostolical and true Church of a venerable and learned Clergy and that drew upon him all the odium and malice that two opposite Parties Papist and Sectary could heap upon him After the happy Restauration of the King it was high time for the good Doctor to rest a while from his Labours and bless himself with joy for the coming in of his Sovereign for now the Sun shone more gloriously in our Hemisphere than ever the Tyrannical powers being dissolved the King brought home to his people the Kingdom setled in peace the Church restored to its rights and the true Religion established every man returned to his own vine with joy who had been a good Subject and a sufferer and the Doctor came to his old habitation in Westminster of which and of his other Preferments he had been dispossest for the space of seventeen years and he no sooner got thither but according to his wonted custom he sets upon building and erected a new Room in his Prebends house to entertain his Friends in And seldom was he without Visitors especially the Clergy of the Convocation who constantly came to him for his Advice and Direction in matters relating to the Church because he had been himself an ancient Clerk in the old Convocations Many Persons of Quality besides the Clergy for the Reverence they had to his Learning and the delight they took in his company payed him several visits which he never repayed being still so devoted to his Studies that except going to Church it was a rare thing to find him from home I happen'd to be there when the good Bishop of Durham Dr. Cousins came to see him who after a great deal of familiar discourse between them said I wonder Brother Heylyn thou art not a Bishop but we all know thou hast deserved it To which he answered Much good may it do the new Bishops I do not envy them but wish they may do more than I have done Now what that great Man did so readily acknowledge to be the Doctors due was no more than what his true worth might justly challenge from all that were Friends to Learning and Virtue For his knowledge was extensive as the Earth and in his little world the great one was so fully comprehended that not an Island or Province nay scarce a Rock or Shelf could escape his strict survey and exact description Nor was he content with that degree of knowledge which did far exceed what any other durst hope or even wish for viz. A perfect familiarity with the present State of all the Countreys in the World but he was resolved to understand as well what they had always been as what they then were to be as throughly acquainted with their History as he was with their Situation and to leave nothing worth the knowing undiscovered So that what he has done in that kind looks liker the product of the most Learned and Antient Inhabitans of their respective Countreys than the issue of the industry of a Single Person Yet for all this his head was not so filled with the contemplations of this World as to leave no room for the great concerns of the other But on the contrary the main of his Study was Divinity the rest were but by the by and subservient to that For he having strictly viewed and examined all the various Religions and Governments upon Earth and coming to compare them with those under which himself lived did find the advantage both in respect of this life and another to lie so much on the side
in their Convocations as well by the common assent as by subscriptions of their hands 5 6. Edw. 6. chap. 12. And for the time of Q. Elizabeth it is most manifest that they had no other body of Doctrine in the first part of her Reign then only the said Articles of K. Edward's Book and that which was delivered in the Book of Homilies of the said Kings time In which the Parliament had as little to do as you have seen they had in the Book of Articles But in the Convocation of the year 1562. being the fifth of the Q. Reign the Bishops and Clergy taking into consideration the said book of Articles and altering what they thought most fitting to make it more conducible to the use of the Church and the edification of the people presented it unto the Queen who caused it to be published with this Name and Title viz. Articles whereupon it was agreed by the Arch-Bishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London Anno 1562. for the avoiding of diversity of Opinions and for the establishing of Consent touching true Religion put forth by the Queens Authority Of any thing done or pretended to be done by the power of the Parliament either in the way of Approbation or of Confirmation not one word occurs either in any of the Printed Books or the Publick Registers At last indeed in the 13th of the said Queens Reign which was 8 years full after the passing of those Articles comes out a Statute for the Redressing of disorders in the Ministers of holy Church In which it was enacted That all such as were Ordained Priests or Ministers of God's Word and Sacraments after any other form then that appointed to be used in the Church of England all such as were to be Ordained or permitted to Preach or to be instituted into any Benefice with Cure of souls should publickly subscribe to the said Articles and testifie their assent unto them Which shews if you observe it well that though the Parliament did well allow of and approve the said Book of Articles yet the said Book owes neither confirmation nor authority to the Act of Parliament So that the wonder is the greater that that most insolent scoff which is put upon us by the Church of Rome in calling our Religion by the name Parliamentaria-Religio should pass so long without controle unless perhaps it was in reference to our Forms of Worship of which I am to speak in the next place But first we must make answer unto some Objections which are made against us both from Law and Practice For Practice first it is alledged by some out of Bishop Jewel in his Answer to the Cavil of Dr. Harding to be no strange matter to see Ecclesiastical Causes debated in Parliament and that it is apparent by the Laws of King Ina King Alfred King Edward c. That our Godly Fore-fathers the Princes and Peers of this Realm never vouchsafed to treat of matters touching the Common State before all Controversies of Religion and Causes Ecclesiastical had been concluded Def. of the Apol. part 6. chap. 2. sect 1. But the answer unto this is easie For first if our Religion may be called Parliamentarian because it hath received confirmation and debate in Parliament then the Religion of our Fore-fathers even Papistry it self concerning which so many Acts of Parliament were made in K. Hen. 8. and Q. Maries time must be called Parliamentarian also And secondly it is most certain that in the Parliaments or Common-Councils call them which you will both of King Inas time and the rest of the Saxon Kings which B. Jewel speaks of not only Bishops Abbots and the higher part of the Clergy but the whole Body of the Clergy generally had their Votes and Suffrages either in person or by proxie Concerning which take this for the leading Case That in the Parliament or Common-Council in K. Ethelberts time who first of all the Saxon Kings received the Gospel the Clergy were convened in as full a manner as the Lay-Subjects of that Prince Convocati Communi Concilio tam Cleri quam Populi saith Sir H. Spelman in his Collection of the Councils Anno 605. p. 118. And for the Parliament of King Ina which leads the way in Bishop Jewel it was saith the same Sr. H. Spelman p. 630. Communi Concilium Episcoporum Procerum Comitum nec non omnium Sapientum Seniorum Populorumque totius Regni Where doubtless Sapientes and Seniores and you know what Seniores signifieth in the Ecclesiastical notion must be some body else then those which after are expressed by the name of Populi which shews the falshood and absurdity of the collection made by Mr. Pryn in the Epistle to his Book against Dr. Cousins viz. That the Parliament as it is now constituted hath an ancient genuine just and lawful Prerogative to establish true Religion in our Church and to abolish and suppress all false new and counterfeit Doctrines whatsoever Unless he means upon the post fact after the Church hath done her part in determining what was true what false what new what ancient and finally what Doctrines might be counted counterfeit and what sincere And as for Law 't is true indeed that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath power to determine and judge of Heresie which at first sight seems somewhat strange but on the second view you will easily find that this relates only to new and emergent Heresies not formerly declared for such in any of the first four General Councils nor in any other General Cuncil adjudging by express words of holy Scripture as also that in such new Heresies the following words restrain this power to the Assent of the Clergy in their Convocation as being best able to instruct the Parliament what they are to do and where they are to make use of the secular sword for cutting off a desperate Heretick from the Church of CHRIST or rather from the Body of all Christian people 5. Of the Reformation of the Church of England in the Forms of Worship and the Times appointed thereunto THIS Rub removed we now proceed unto a view of such Forms of Worships as have been setled in this Church since the first dawning of the day of Reformation in which our Parliaments have indeed done somewhat though it be not much The first point which was altered in the publick Liturgies was that the Creed the Pater-noster and the Ten Commandements were ordered to be said in the English Tongue to the intent the people might be perfect in them and learn them without book as our Phrase is The next the setting forth and using of the English Letany on such days and times in which it was accustomably to be read as a part of the Service But neither of these two was done by Parliament nay to say truth the Parliament did nothing in them All which was done in either of them
the curiosity of the Ministers and mistakes of the people rather than for any other weighty cause As the Statutes 5 and 6 Ed. 6. cap. 1. it was thought expedient by the King with the assent of the Lords and Commons in Parliament Assembled that the said Order of Common Service should be faithfully and godly perused explained and made fully perfect Perused and explained by whom Why questionless by those who made it or else by those if they were not the same men who were appointed by the King to draw up and compose a Form of Ordination for the Use of the Church And this Assent of theirs for it was no more was the only part that was ever acted by the Parliament in matter of this present nature save that a Statute passed in the former Parliament 3 and 4 Ed. 6. c. 12. unto this effect that such form and manner of making and consecrating Arch-Bishops Bishops Priests Deacons and other Ministers of the Church which before I spake of as by six Prelates and six other men of this Realm learned in Gods Laws by the King to be appointed and assigned shall be devised to that purpose and set forth under the great Seal shall be lawfully used and exercised and none other Where note that the King only was to nominate and appoint the men the Bishops and other learned men were to make the Book and that the Parliament in a blind obedience or at the least upon a charitable confidence in the integrity of the men so nominated did confirm that Book before any of their Members had ever seen it though afterwards indeed in the following Parliament this Book together with the Book of Common-prayer so Printed and explained obtained a more formal confirmation as to the use thereof throughout the Kingdom but in no other respect for which see the Statute 5 and 6 Ed. 6. c. 1. As for the time of Q. Elizabeth when the Common-prayer book now in use being the same almost with the last of King Edward was to be brought again into the Church from whence it was cast out in Queen Maries Reign it was committed to the care of some learned men that is to say to M. Whitehead once Chaplain to Q. Anne Bullen Dr. Parker after Arch-Bishop of Canterbury Dr. Grindal after Bishop of London Dr. Cox after Bishop of Ely Dr. Pilkington after Bishop of Durham Dr. May Dean of Saint Pauls Dr. Bill Provost of Eaton after Dean of Westminster and Sir Tho. Smith By whom being altered in some few passages which the Statute points to 1 Eliz. c. 21. it was presented to the Parliament and by the Parliament received and established without more ado or troubling any Committee of both or either Houses to consider of it for ought appears in their Records All that the Parliament did in it being to put it into the condition in which it stood before in Kings Edwards Reign partly by repealing the Repeal of King Edw. Statutes made in the first of Q. Mary c. 2. and partly by the adding of some farther penalties on such as did deprave the Book or neglect to use it or wilfully did absent themselves from their Parish-Churches And for the Alterations made in King James his time being small in the Rubrick only and for the additions of the Thanksgivings at the end of the Letany the Prayer for the Queen and the Royal Issue and the Doctrine of the Sacraments at the end of the Catechisme which were not in the Book before they were never referred unto the Parliament but were done only by Authority of the Kings Commission and stand in force by virtue only of His Proclamation which you may find before the Book the charge of buying the said Book so explained and altered being laid upon the several and respective Parishes by no other Authority than that of the eightieth Canon made in Convocation Anno 1603. The like may also be affirmed of the Forms of Prayer for the Inauguration-day of our Kings and Queens the Prayer-books for the fifth of November and the fifth of August and those which have been used in all publick Fasts All which without the help of Parliaments have been composed by the Bishops and imposed by the King Now unto this discourse of the Forms of Worship I shall subjoyn a word or two of the times of Worship that is to say the Holy-days observed in the Church of England and so observed that they do owe that observation chiefly to the Churches power For whereas it was found in the former times that the number of the Holy-days was grown so great that they became a burthen to the common people and a great hinderance to the thrift and manufactures of the Kingdom there was a Canon made in the Convocation An. 1536. For cutting off of many superstitious and superfluous Holy-days and the reducing them into the number in which they now stand save that St. George's day and Mary Magdalens day and all the Festivals of the blessed Virgin had their place amongst them according to which Canon there went out a Monitory from the Arch-Bishop of Canterbury to all the Suffragans of his Province respectively to see the same observed in their several Diocesses which is still extant on Record But being the Authority of the Church was then in the wane it was thought necessary to confirm their Acts and see execution done upon it by the Kings Injunction which did accordingly come forth with this Form or preamble That the abolishing of the said Holy-days was decreed ordained and established by the Kings Highness Authority as Supream Head in Earth of the Church of England with the common consent and assent of the Prelates and Clergy of this his Realm in Convocation lawfully Assembled and Congregate Of which see Fox his Acts and Monuments fol. 1246 1247. Afterwards in the year 1541. the King perceiving with what difficulty the people were induced to leave off those Holy-days to which they had been so long accustomed published his Proclamation of the twenty-third of July for the abolishing of such Holy-days amongst other things as were prohibited before by his Injunctions both built upon the same foundation namely the resolution of the Clergy in their Convocation And so it stood until the Reign of King E. 6. at which time the Reformation of the publick Liturgie drew after it by consequence an alteration in the present business no days being to be kept or accounted Holy but those for which the Church had set apart a peculiar office and not all those neither For whereas there are several and peculiar offices for the day of the Conversion of St. Paul and the day of St. Barnabas the Apostles neither of these are kept as Holy-days nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the Holy-days is precisely specified which makes some think the Act of Parliament to have had an over-ruling power on the Common-prayer-Book but it is not so
sometimes to pass by a Statute with a non obstante as in the Statute 1 Hen. IV. cap. VI. touching the value to be specified of such Lands Offices or Annuities c. as by the King are granted in his Letters patents But these will better come within the compas of those jura Majestatis Cambden in Brit. or rights of Sovereignty which our Lawyers call sacra individua Sacred by reason they are not to be pried into with irreverent eyes and individual or inseparable because they cannot be communicated unto any other Of which kind are the levying of Arms Case of our Affairs p. suppressing of tumults and rebellions providing for the present safety of his Kingdom against sudden dangers convoking of Parliaments and dissolving them making of Peers granting liberty of sending Burgesses to Towns and Cities treating with forein States making War Leagues and Peace granting safe conduct and protection Indenizing giving of Honour Rewarding Pardoning Coyning Printing and the like to these But what need these particulars have been looked into to prove the absoluteness and sovereignty of the Kings of England when the whole body of the Realm hath affirmed the same and solemnly declared it in their Acts of Parliament 16 Rich. 2. c. 5. In one of which is affirmed that the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediatly to God in all things touching the regality of the said Crown and to none other And in another Act that the Realm of England is an Empire governed by one Supream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body politick compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporalty be bounden and ought to bear next to God a natural and bumble obedience 24 Hen. 8. c. 12. And more than so That the King being the supream Head of this Body Politick is instituted and furnished by the goodness and sufferance of Almighty God with plenary whole and entire power preheminence authority prerogative and jurisdiction to render and yield justice and final determination to all manner of Subjects within this Realm and in all causes whatsoever Nor was this any new Opinion invented only to comply with the Princes humour but such as is declared to have been fortified by sundry Laws and Ordinances made in former Parliaments Ibid. and such as hath been since confirmed by a solemn Oath taken and to be taken by most of the Subjects of this Kingdom Which Oath consisting of two parts the one Declaratory and the other Promissory in the Declaratory part the man thus taketh it he doth declare and testifie in his conscience that the Kings Highness is the only supream Governour of this Realm and of all other his Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as temporal c. And in the Promissory part 1 Eliz. c. 1. they make Oath and swear that to their power they will assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm Put all which hath been said together and it will appear that if to have merum imperium a full and absolute command and all the jura majestatis which belong to Sovereignty if to be so Supream as to hold immediatly of God to have all persons under him none but God above him if to have all authority and jurisdiction to be vested in him and proceeding from him and the material sword at his sole disposal for the correcting of offenders and the well ordering of his people if to have whole and entire power of rendring justice and final determination of all causes to all manner of Subjects as also to interpret and dispence with Laws and all this ratified and confirmed unto him by the solemn Oath of his Subjects in the Court of Parliament be enough to make an absolute Monarch the Kings of England are more absolute Monarchs than either of their Neighbours of France or Spain If any thing may be said to detract from this it is the new device so much pressed of late of placing the chief Sovereignty or some part thereof in the two Houses of Parliament concerning which Mr. Pryn published a discourse entituled The supreme power of Parliaments and Kingdoms and others in their Pamphlets upon that Argument have made the Parliament so absolute and the King so limited that of the two the Members of the Houses are the greater Monarchs But this is but a new device not heard of in our former Monuments and Records of Law nor proved or to be proved indeed by any other Medium than the Rebellions of Cade Tiler Straw Kett Mackerel Prynns book of Parl. c. pt 3. and the rest of that rascal rabble or the seditious Parliaments in the time of King Henry III. King Edward II. and King Richard II. when civil war and faction carried all before it For neither have the Houses or either of them enjoyed such Sovereignty de facto in times well setled and Parliaments lawfully assembled nor ever could pretend to the same de jure Or if they do as many have been apt enough to raise false pretences it would much trouble them to determine whether this Sovereignty be conferred upon them by the King or the People whether it be in either of the Houses severally or in both united If they can challenge this pretended Sovereignty in neither of these capacities nor by none of these titles it may be warrantably concluded that there is no such Sovereignty as they do pretend to And first there is no part nor branch of Sovereignty conferred upon them by the King The Writs of Summons which the Deelaration of the Lords and Commons assembled at Oxon. 1643. doth most truly call the foundation of all power in Parliament Declaration of the Trtaty p. 15. tell us no such matter The Writ directed to the Lords doth enable them only to confer and treat with one another consilium vestrum impendere and to advise the King in such weighty matters as concern the safety of the Kingdom But they are only to advise not compel the King to counsel him but not controll him and to advise and counsel are no marks of Sovereignty but rather works of service and subordination Nor can they come to give this Counsel without he invite them and being invited by his Writ cannot choose but come except he excuse them which are sure notes of duty and subjection but verry sorry signs of power and sovereignty 'T is true that being come together they may and sometimes do on a Writ of Error examin and reverse or affirm such judgments as have been given in the Kings Bench and from their sentence in the case there is
inquisition or Impeachment the Lords in that of Judicature and determination with the consent and approbation of the King though many times without his personal assent and presence The King may be abused in his Grants and Patents to the oppression of the people or the dilapidation and destruction of the Royal Patrimony Judges and other the great Officers of Law and Equity are subject to corruptions and may smell of gifts whereby the passages of Justices do become obstructed The Ministers of inferiour Courts as well Ecclesiastical as Civil either exhaust the miserable Subject by Extortions or else consume him by delays Erroneous judgments may be given through fear or favour to the undoing of a man and his whole posterity in which his Majesties Justices of either Bench can afford no remedy The great Ones of the State may become too insolent and the poor too miserable and many other ways there are by which the Fabrick of the State may be out of Order for the removing of which mischiefs the rectifying of which abuses the Lords and Commons in their several ways before remembred are of special use yet so that if the King's Grants do come in question or any of his Officers are called to a reckoning they used heretofore to signifie unto his Majesty what they found therein and he accordingly either revoked his Grants or displaced his Servants or by some other means gave way unto their contentment the Kings consent being always necessary and received as a part of the final sentence if they went so far So that we may conclude this point with these words of Bodin who being well acquainted with the Government of this State and Nation partly by way of Conference with Dr. Dale the Queens Ambassadour in France and partly in the way of observation when he was in England doth give this resolution of the point in Controversie Bodin de Repub l. 1. o. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero majestatis imperii summam in unius Principis arbitrio versari The States saith he of England have a kind of Authority but all the Rights of Sovereignty and command in chief are at the will and pleasure of the Prince alone And to say truth although the Lords and Commons met in Parliament are of great Authority especially as they have improved it in these later times yet were they never of such power but that the Kings have for the most part over-ruled them and made them pliant and conformable to their own desires and this not only by themselves but sometimes also by their Judges by their Council often For such was the great care and wisdom of our former Kings as not to venture single on that numerous Body of the two Houses of Parliament whereby the Sovereignty might be so easily over-matched but to take with them for Affistants as well the Lords of their Privy Council with whom they might advise in matters which concerned them in their Sovereign Rights as their learned Council as they call them consisting of the Judges and most eminent Lawyers from whom they might receive instruction as the case required and neither do nor suffer wrong in point of Law and by both these as well as by the power and awe of their personal presence have they not only regulated but restrained their Parliaments And this is easily demonstrable by continual practice 4 Ed. 1. For in the Statute of Bigamie made in the fourth year of King Edward I. it is said expresly That in the prefence of certain Reverend Fathers Bishops of England and others of the Kings Council the Constitutions under-written were recited and after published before the King his Council forasmuch as all the Kings Council as well Justices as others did agree that they should be put in writing and observed In the Articuli super Chartas when the Great Charter was confirmed at the request of the Prelates 28 Ed. 1. c. 2. Earls and Barons we find these two claufes the one in the beginning thus Nevertheless the King and his Council do not intend by reason of this Statute Ibid. c. 20. to diminish the Kings right c. The other in the clofe of all in these following words And notwithstanding all these things mentioned or any part of them both the King and his Council and all they which were present at the making of this Ordinance do will and intend that the Right and Prerogative of his Crown shall be saved in all things In the 27th of King Edward the 3d. The Commons presenting a Petition to the King 27 Ed. 3. which the Kings Council did mislike were content thereupon to mend and explain their Petition the Form of which Petition is in these words following To their most redoubted Sovereign Lord the King praying the Commons that whereas they have prayed him to be discharged of all manner of Articles of the Lyre c. which Petition seemeth to his Council to be prejudicial unto him and in disherison of his Crown if it were so generally granted his said Commons not willing not desiring to demand things of him which should fall in disherison of him or of his Crown perpetually as of Escheats c. but of Trespasses Misprifions Negligences and Ignorances c. In the 13th of the reign of King Richard the 2d when the Commons did pray that upon pain of forfeiture the Chancellor or Council of the King should not after the end of the Parliament make any Ordinance against the Common Law 13 Rich. 2. the King by the advice of his Council answered Let it be used as it hath been used before this time so as the Regality of the King be saved for the King will save his Regalities 4 Hen. 4. as his Predecessors have done In the 4th year of King Henry IV. when the Commons complained against Sub-poenae's and other Writs grounded upon false suggestions the King upon the same advice returned this Answer that he would give in charge to his Officers that they should abstain more than before time they had to send for his Subjects in that manner But yet saith he it is not our intention that our Officers shall so abstain that they may not send for our Subjects in matters and causes necessary as it hath been used in the time of our good Progenitors Finally not to bring forth more particulars in a case so clear it was the constant custom in all Parliaments till the Reign of King Henry V. that when any Bill had passed both Houses Henr. 5. and was presented to the King for his Royal Assent the King by the abvice of his Privy Council or his Council learned in the Laws or sometimes of both did use to cross out and obliterate as much or as little of it as he pleased to leave out what he liked not and confirmed the rest that only which the King confirmed being held for Law And though in the succeeding
their Authority and power in Spiritual matters from no other hands than those of Christ and his Apostles their Temporal honours and possessions from the bounty and affection only of our Kings and Princes their Ecclesiastical jurisdiction in causes Matrimonial Testamentary and the like for which no action lieth at the common Law from continual usage and prescription and ratified and continued unto them in the Magna Charta of this Realm and owe no more unto the Parliament than all sort of Subjects do besides whose Fortunes and Estates have been occasionally and collaterally confirmed in Parliament And as for the particular Statutes which are touched upon that of the 24 H. 8. doth only constitute and ordain a way by which they might be chose and consecrated without recourse to Tome for a confirmation which formerly had put the Prelates to great charge and trouble but for the form and manner of their Consecration the Statute leaves it to those Rites and Ceremonies wherewith before it was performed and therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries days were Lawfully and Canonically ordained and consecrated the Bishops of that time not only being acknowledged in Queen Maries days for lawful and Canonical Bishops but called on to assist at the Consecration of such other Bishops Cardinal Pool himself for one as were promoted in her Reign whereof see Masons Book de Minist Ang. l. c. Next for the Statute 1 E. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonical Consecrations it was repealed in Terminis in the first of Queen Maries Reign and never stood in force nor practice to this day That of the Authorizing of the Book of Ordination in two several Parliaments of that King the one à parte ante and the other à parte post as before I told you might indeed seem somewhat to the purpose if any thing were wanting in it which had been used in the formula's of the Primitive times or if the Book had been composed in Parliament or by Parliament-men or otherwise received more Authority from them then that it might be lawfully used and exercised throughout the Kingdom But it is plain that none of these things were objected in Queen Maries days when the Papists stood most upon their points the Ordinal being not called in because it had too much of the Parliament but because it had too little of the Pope and relished too strongly of the Primitive piety And for the Statute of 8 of Q. Elizabeth which is chiefly stood on all that was done therein was no more than this and on this occasion A question had been made by captious and unquiet men and amongst the rest by Dr. Bonner sometimes Bishop of London whether the Bishops of those times were lawfully ordained or not the reason of the doubt being this which I marvel Mason did not see because the book of Ordination which was annulled and abrogated in the first of Queen Mary had not been yet restored and revived by any legal Act of Queen Elizabeths time which Cause being brought before the Parliament in the 8th year of her Reign the Parliament took notice first that their not restoring of that Book to the former power in terms significant and express was but Casus omissus and then declare that by the Statute 5 and 6 E. 6. it had been added to the Book of Common-prayer and Administration of the Sacraments as a member of it at least as an Appendant to it and therefore by the Statute 1 Eliz. c. 2. was restored again together with the said Book of Common-prayer intentionally at the least if not in Terminis But being the words in the said Statute were not clear enough to remove all doubts they therefore did revive now and did accordingly Enact That whatsoever had been done by virtue of that Ordination should be good in Law This is the total of the Statute and this shews rather in my judgment that the Bishops of the Queens first times had too little of the Parliament in them than that they were conceived to have had too much And so I come to your last Objection which concerns the Parliament whose entertaining all occasions to manisest their power in Ecclesiastical matters doth seem to you to make that groundless slander of the Papists the more fair and plausible 'T is true indeed that many Members of both Houses in these latter Times have been very ready to embrace all businesses which are offered to them out of a probable hope of drawing the managery of all Affairs as well Ecclesiastical as Civil into their own hands And some there are who being they cannot hope to have their sancies Authorized in a regular way do put them upon such designs as neither can consist with the nature of Parliaments nor the Authority of the King nor with the privileges of the Clergy nor to say truth with the esteem and reputation of the Church of Christ And this hath been a practice even as old as Wickliffe who in the time of K. R. 2. addressed his Petition to the Parliament as we read in Walsingham for the Reformation of the Clergy the rooting out of many false and erroneous Tenets and for establishing of his own Doctrines who though he had some Wheat had more Tears by odds in the Church of England And lest he might be thought to have gone a way as dangerous and unjustifiable as it was strange and new he laid it down for a position That the Parliament or Temporal Lords where by the way this ascribes no Authority or power at all to the House of Commons might lawfully examine and reform the Disorders and Corruptions of the Church and a discovery of the errors and corruptions of it devest her of all Tithes and Temporal endowments till she were reformed But for all this and more than this for all he was so strongly backed by the Duke of Lancaster neither his Petition nor his Position found any welcome in the Parliament further than that it made them cast many a longing eye on the Churches patrimony or produced any other effect towards the work of Reformation which he chiefly aimed at than that it hath since served for a precedent to Penry Pryn and such like troublesome and unquiet spirits to disturb the Church and set on foot those dreams and dotages which otherwise they durst not publish And to say truth as long as the Clergy were in power and had Authority in Convocation to do what they would in matters which concerned Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such business as concerned the Clergy for fear of being questioned for it at the Churches Bar. But when that Power was lessened though it were not lost by the submission of the Clergy to K. H. 8. and by the Act of the Supremacy which ensued upon it then did the Parliaments
bring greater trouble to the Clergy than is yet considered and far less profit to the Countrey than is now pretended which is the third and last of my Propositions and is I hope sufficiently and fully proved or at the least made probable if not demonstrative I have said nothing in this Tract of the right of Tithes or on what motive or considerations of preceding claim the Kings of England did confer them upon the Clergy Contenting my self at this time with the matter of fact as namely that they were setled on the Church by the Kings of this Realm before they granted out Estates to the Lords and Gentry and that the Land thus charged with the payment of Tithes they passed from one man to another Ante Concilium Lateranense bene toterant Laici decimas sibi in feudum retinere vel aliis quibuscunque Ecclesiis dare Lindw in Provinc cap. de decimis until it came unto the hands of the present Occupant which cuts off all that claim or title which the mispersuaded subject can pretend unto them I know it cannot be denied but that notwithstanding the said Grants and Charters of those ancient Kings many of the great men of the Realm and some also of the inferiour Gentry possessed of Manours before the Lateran Council did either keep their Tithes in their own hands or make Infeodations of them to Religious houses or give them to such Priests or Parishes as they best affected But after the decree of Pope Innocent the third which you may find at large in Sir Edw. Cokes Comment upon Magna Charta and other old Statutes of this Realm in the Chapter of Tithes had been confirmed in that Council Anno 1215 and incorporated into the Canons and conclusions of it the payment of them to the Minister or Parochial Priest came to be setled universally over all the Kingdom save that the Templars the Hospitalers and Monks of Cisteaux held their ancient priviledges of being excepted for those Lands which they held in Occupancy from this general rule Nor have I said any thing of Impropriations partly because I am persuaded that the Lords and Gentry who have their Votes or Friends in Parliament will look well enough to the saving of their own stakes but principally because coming from the same original grant from the King to the Subjects and by them setled upon Monasteries and Religious houses they fell in the ruine of those houses to the Crown again as of due right the Tithes should do if they be taken from the Clergy and by the Crown were alienated in due form of Law and came by many mean conveyances to the present Owners Onely I shall desire that the Lords and Commons would take a special care of the Churches Patrimony for fear lest that the prevalency of this evil humour which gapes so greedily after the Clergies Tithes do in the end devour theirs also And it concerns them also in relation to their right of Patronage which if this plot go on will be utterly lost and Churches will no longer be presentative at the choice of the Patron but either made Elective at the will of the People or else Collated by the Trustees of the several Counties succeeding as they do in the power of Bishops as now Committee-men dispose of the preferments of the Sequestred Clergy If either by their power and wisdom or by the Arguments and Reasons which are here produced the peoples eyes are opened to discern the truth and that they be deceived no longer by this popular errour it is all I aim at who have no other ends herein but only to undeceive them in this point of Tithes which hath been represented to them as a publick grievance conducing manifestly to the diminution of theâ—â— gain and profit If notwithstanding all this care for their information they will run headlong in the ways of spoil and sacrilege and shut their eyes against the light of the truth shine it never so brightly let them take heed they fall not into that â—â—â—â—tuation which the Scripture denounceth that seeing they shall see but shall not perceive and that the stealing of this Coal from the Altars of God burn not down their Houses And so I shut up this discourse with the words of our Saviour saying that no man tasteth new wine but presently he saith that the old is better ECCLESIA VINDICATA OR THE Church of England VINDICATED PART II. Containing the Defence thereof V. In retaining the Episcopal Government AND VI. The Canonical Ordination of Priests and Deacons Framed and Exhibited in an HISTORY of EPISCOPACY By PETER HEYLYN D. D. HEB. XIII 17. Obedite Praepositis vestris subjacete eis Ipsi enim pervigilant quasi rationem pro Animabus vestris reddituri ut cum gaudio hoc faciant non gementes CYPRIAN Epist LXV Apostolos id est EPISCOPOS Praepositos Dominus elegit Diaconos autem post Ascensum Domini in coelos Apostoli sibi constituerunt Episcopatus sui Ecclesiae Ministros LONDON Printed by M. Clark to be sold by C. Harper 1681. THE PREFACE TO THE READER THE Quarrels and Disputes about Episcopacy had reposed a while when they broke out more dangerously than in former times In order whereunto the people must be put in fear of some dark design to bring in Popery the Bishops generally defamed as the principal Agents the regular and establisht Clergy traduc'd as the subservient Instruments do drive on the Plot Their actings in Gods publick Worship charged for Innovations their persons made the Common subjects of reproach and calumny The News from Ipswich Bastwicks Let any and the Seditious Pamphlets from Friday-street with other the like products of those times what were they but Tentamenta Bellorum Civilium preparatory Velitations to that grand encounter in which they were resolved to assault the Calling The Calling could not be attempted with more hopes of Victory than when it had received such wide wounds through the sides of those persons who principally were concerned in the safety or defence thereof The way thus opened and the Scots entring with an Army to make good the pass the Smectymnuans come upon the Stage addressing their discourse in Answer to a Book called An Humble Remonstrance to the Lords and Commons in Parliament Assembled Anno 1640. amongst whom they were sure beforehand of a powerful party to advance the Cause which made them far more confident of their good suocess than otherwise they had reason to expect in a time less favourable And in this Confidence they quarrelled not the Rocket or the Officers Fees the Oath ex officio the Vote in Parliament or the exorbitant jurisdiction of the High-Commission at which old Martin and his followers clamoured in Queen Elizabeths time Non gaudet tenui sanguine tanta sitis Their stomach was too great to be satisfied with so small a sacrifice as the excrescences and adjuncts of Episcopacy which seemed most offensive to their Predecessors
say the Lord Protector and the rest of the Privy Council acting in his Name and by his Authority performed by Archbishop Cranmer and the other six before remembred assisted by Thirdby Bishop of Winchester Day Bishop of Chichester Ridley Bishop of Rochester Taylor then Dean after Bishop of Lincoln Redman then Master of Trinity Colledge in Cambridge and Hains Dean of Exeter all men of great abilities in their several stations and finally confirmed by the King the Lords Spiritual and Temporal and the Commons in Parliament Assembled 23 Edw. VI. In which Confirmatory act it is said expresly to have been done by the especial aid of the Holy Ghost which testimony I find also of it in the Acts and Monuments fol 1184. But being disliked by Calvin who would needs be meddling in all matters which concerned Religion and disliked it chiefly for no other reason as appears in one of his Epistles to the Lord Protector but because it savoured too much of the ancient Forms it was brought under a review the cause of the reviewing of it being given out to be no other than that there had risen divers doubts in the Exercise of the said Book for the fashion and manner of the Ministration though risen rather by the curiosity of the Ministers and Mistakers than of any other cause 5 6 Edw. 6. cap. 1. The review made by those who had first compiled it though Hobeach and Redman might be dead before the confirmation of it by Act of Parliament some of the New Bishops added to the former number and being reviewed was brought into the same form in which now it stands save that a clause was taken out of the Letany and a sentence added to the distribution of the blessed Sacrament in the first year of Queen Elizabeth and that some alteration was made in two or three of the Rubricks with an addition of Thanksgiving in the end of the Letany as also of a Prayer for the Queen and the Royal Issue in the first of King James At the same time and by the same hands which gave us the first Liturgy of King Edward VI. was the first Book of Homilles composed also in which I have some cause to think that Bishop Latimer was made use of amongst the rest as one who had subscribed the first other two books before mentioned as Bishop of Worcester Ann. 1537. and ever since continued zealous for a Reformation quitting in that respect such a wealthy Bishoprick because he neither would nor could conform his judgment to the Doctrine of the six Articles Authorized by Parliament For it will easily appear to any who is conversant in Latimers writings and will compare them carefully with the book of Homilies that they do not only savour of the same spirit in point of Doctrine but also of the same popular and familiar stile which that godly Martyr followed in the course of his preachings for though the making of these Homilies be commonly ascribed and in particular by Mr. Fox to Archbishop Cranmer yet it is to be understood no otherwise of him thad than it was chiefly done by encouragement and direction not sparing his own hand to advance the work as his great occasions did permit That they were made at the same time with King Edwards first Liturgy will appear as clearly first by the Rubrick in the same Liturgy it self in which it is directed Let. of Mr. Bucer to the Church of England that after the Creed shall follow the Sermon or Homily or some portion of one of them as they shall be hereafter divided It appears secondly by a Letter writ by Martin Bucer inscribed To the holy Church of England and the Ministers of the same in the year 1549. in the very beginning whereof he lets them know That their Sermons or Homilies were come to his hands wherein they godlily and effectually exhort their people to the reading of Holy Scripture that being the scope and substance of the first Homily which occurs in that book and therein expounded the sense of the faith whereby we hold our Christianity and Justification whereupon all our help censisteth and other most holy principles of our Religion with most godly zeal And as it is reported of the Earl of Gondomar Ambassador to King James from the King of Spain that having seen the elegant disposition of the Rooms and Offices in Burleigh House not far from Stanford erected by Sir William Cecil principal Secretary of State and Lord Treasurer to Queen Elizabeth he very pleasantly affirmed That he was able to discern the excellent judgment of the great Statesman by the neat contrivance of his house So we may say of those who composed this book in reference to the points disputed A man may easily discern of what judgment they were in the Doctrine of Predestination by the method which they have observed in the course of these Homilies Beginning first with a discourse of the misery of man in the state of nature proceeding next to that of the salvation of man-kind by Christ our Saviour only from sin and death everlasting from thence to a Declaration of a true lively and Christian saith and after that of good works annexed unto faith by which our Justification and Salvation are to be obtained and in the end descending unto the Homily bearing this inscription How dangerous a thing it is to fall from God Which Homilies in the same form and order in which they stand were first authorized by King Edward VI. afterwards tacitly approved in the Rubrick of the first Liturgy before remembred by Act of Parliament and finally confirmed and ratified in the book of Articles agreed upon by the Bishops and Clergy of the Convocation Anno 1552. and legally confirmed by the said King Edward Such were the hands and such the helps which co-operated to the making of the two Liturgies and this book of Homilies but to the making of the Articles of Religion there was necessary the concurrence of the Bishops and Clergy Assembled in Convocation in due form of Law amongst which there were many of those which had subscribed to the Bishops book Anno 1537. and most of those who had been formerly advised with in the reviewing of the book by the Commandment of King Henry VIII 1543. To which were added amongst others Dr. John Point Bishop of Winchester an excellent Grecian well studied with the ancient Fathers and one of the ablest Mathematicians which those times produced Dr. Miles Coverdale Bishop of Exon who had spent much of his time in the Lutheran Churches amongst whom he received the degree of Doctor Mr. John Story Bishop of Rochester Ridley being then preferred to the See of London from thence removed to Chichester and in the end by Queen Elizabeth to the Church of Hereford Mr. Rob. Farran Bishop of St. Davids and Martyr a man much favoured by the Lord Protector Sommerset in the time of his greatness and finally not to descend to those of the lower
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 precedent for this hath been found and published by such as envied that poor remnant of the Churches honour though possibly they will find themselves deceived in their greatest hope and that the evidence will not serve to evince the cause The Author of the Pamphlet entituled The Prerogative and practice of Parliaments first laying down his Tenet that many good Acts of Parliament may be made though the Arch-bishops and Bishops should not consent unto them which is a point no man doubts of Printed at London 16.8 p. 37. consideriong how easily their Negative may be over-ruled by the far greater number in the House of Peers adds that at a Parliament holden at St. Edmundsbury 1196. in th reign of Edw. 1. a Statute was made by the King the Barons and the Commons Excluso Clero and for the proof hereof refers us unto Bishop Jewel Now Bishop Jewel saith indeed that in a Parliament solemnly holden at St. Edmundsbury by King Edward 1. An 1296. the Arch-bishops and Bishops were quite shut forth and yet the Parliament held on and good and wholesome Laws were there enacted the departing or absence of the Lords Spiritual notwithstanding In the Records whereof it is written thus Defence of the Apolog. pt 5. c. 2. §. 1. Habito Rex cum Baronibus suis Parliamento Clergo excluso statutum est c. the King keeping the Parliament with his Barons the Clergy that is to say the Arch-bishops 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 them of whose consent unto that Statute whatsoever 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 Record so often spoken of and applauded as concerns the Bishops we say that this if truly senced as I think it be 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 case stood thus A Constitution had been made by Boniface the 8th Ne aliqua collecta ex Ecclesiasticis proventibus Regi aut cuivis alii Principi concedatur Matth. Westm in Edw. 1. that Clergy-men should not pay any Tax or Tallage unto Kings or Princes our of their Spiritual preferments without the leave of the Pope under pretence whereof the Clergy at this Parliament at St. Edmundsbury 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 of it adjourning the Parliament to London there to begin on the morrow after St. Hilaries day and in the mean time commanded all their Barns to be fast sealed up The day being come and the Clergy still persisting in their former obstinacy excluso è Parlamento Clero Concilium Rex cum solis Baronibus c populo habuit totumq Antiq. Brit. in R. Winchelsey statim Clerum protectione sua privavit 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 Clergy out of his protection and thereby forced them to conform to his will and pleasure This is the summa totalis of the business 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 Wlsingh in Edw. 1. Anno 1297. and did excuse himself for many extravagant Acts whch he had committed against the liberties of the Subject whereof this was one laying the blame thereof on his great occasions and the necessities which the Wars which he had abroad did impose upon him And so much as in answer unto that Record supposing that the words thereof be rightly senced as I think they are not and that by Clerus there we are to understand Arch-bishops and Bishops as I think we be not there being no Record I dare boldly say it either of History of Law in which the word Clerus serve to signifie the Arch-bishops and Bishops exclusive of the other Clergy or any writing whatsoever wherein it doth not either signifie the whole Clergy generally or ther inferiour Clergy only exclusive of the Arch-bishops Bishops and other Prelates Therefore in answer unto that so much applauded Cavil of Excluso Clero from what Record soever it either hath been hitherto or shall hereafter be produced I shall propose it to the consideration of the sober Reader whether by Clerus in that place or in any other of that kind and time we must not understand the inferiour Clergy as they stand distinguished in the Laws from my Lords the Bishops For howsoever it be true that Clerus in the Ecclesiastical notion of the word doth signifie the whole Clergy generally Arch-bishops Bishops Priests and Deacons yet in the legal notion of it it stands distinguished from the Prelates and signifieth only the inferiour Clergy Thus do we find the Ecclesiasticks of this Realm divided into Prelates men of Religion and other Clerks 3. Edw. 1. c. 1. the Seculars either into Prelates and Clerks 9 Edw. 2. c. 3. 1 Rich. 2. c. 3. or Prelates and Clerks Beneficed 18 Edw. 3. c. 2. or generally into the Prelates and the Clergy 9 Edw. 2. c. 15. 14 Edw. 3. c. 1. 3. 18 Edw. 3. 2.7 25 Edw. 3.2.4 8 Hen. 6. c. 1. and in all acts and grants of Subsidies made by the Clergy to the Kings or Queens of England since the 32 of Henry 8. when the Clergy Subsidies first began to be confirmed by Act of Parliament So also in the Latin ideom Regist Warham Regist Cranmer Statut. ◠Eliz c. 17. ever since Stat. 1. Phil. Mar. c. 8. which comes nearest home Nos Praelati Clerus in the submission of the Clergy to King Henry VIII and in the sentence of divorce against Anne of Cleve and in the instrument of the grant of the grant of the