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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

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So Dr. Burgesse termeth the Learned Dr. Davenant Bishop of Salisbury only a speculative Divine He being an eminent and principal Divine Head of Queens Colledge in Cambridge and publick Professor and chosen by King Iames to be sent to the Synod of Dort and by his Learned works publickly famous and renowned Such malapert language against such Honourable and eminent Bishops from an inferiour Doctor is not to be endured without sharp censures Now though some Canons may seem to forbid the Bishops and Clergy to intermeddle with secular affairs yet that is not absolutely forbidden but in a qualified sense as in the famous Council of Cl●veshoe under Cuthbert Archbishop of Canterbury Anno 747. Can. 1. Negotiis secularibus plusquàm Dei servitiis quod absit subditus existit To attend secular affairs more then spiritual and to be wholly imployed and conversant in Temporal matters without due regard to the better part But it will not hinder sacred studies nor the diligent preaching of the Gospel that some principal men at convenient times have a charge and over-sight of Temporal affairs and the carriage of publick businesse And concerning this see more in Bishop Davenants Determinations at Cambridge Quest. 11. Civilis jurisdictio jure conceditur personis Ecclesiasticis Thus much might serve for Reply to the Examiner Dr. Burgesse especially upon the fifth reason which I hold to be the only thing material in the whole Discourse for the rest will appear to be needlesse if this be clear'd But if he would look back to former times he shall find that our Kingdome and Government followed the ancient manner of Gods own people of Israel whose Ceremonies and Rituals though they be now abolished yet the general rules of Justice Equity Government and Order do still remain And as God made the priesthood then honourable in the Kingdome of Israel and committed a great part of the Government unto them so doubtlesse now under the Gospel the priesthood ought to be Honourable and to have a principal part in the ruling and governing of the Kingdome To be a Priest in Israel was to be a cheif man Levit 21. 4. and therefore in all their Courts of Justice the priests and Levites were cheif men in authority for deciding all causes both in the great Court of Sanedrim at Ierusalem which was a Continuation of the 70. Elders appointed by God himself Numb 11. and was answerable in authority to our Parliaments it being the highest Court of Judicature in that Kingdome and so in the second Court of Judgement as our Saviour calleth it Mat. 5. 22. where there were 23 Judges whereof 7. were of the Laity as we now call them Elders of the Cities and every good City consisted of _____ Families unto which 7. of the Elders there were added 14 Priests and Levites as Iosephus sheweth lib. 4. cap. 8. where though he seem to say that the number of the Judges was seven yet if his next words following be well observed he sheweth the addition of two priests and Levites to each of the other Magistrates of the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 intellig it singulos magistratum gerentes quibus singulis bini erant additi adsessores periti juris quos Iosephus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocat Septem ergo municipes loci erant judices praeterea adsessores quatuordecim qui ex Levitis maxime sumebantur his supernumer arii accessisse videntur unus alter So Grotius in Mat. 5. 21. and so also the English Translation doth render the place In every City or Township let there be seven Governours such as are approved in vertue and famous for their Justice and let each of these Magistrates have two Ministers of the Tribe of Levi. In this Court of Judgement all manner of causes were heard of Life and Death whatsoever matters of Controversie within their gates Ecclesiastical or Temporal Yet excepting some weighty businesses concerning a whole Tribe or the high priest or a false Prophet which belonged only to the great Council at Ierusalem Whether also they might appeal in any doubtful cause which was too difficult for the inferiour Courts Iudices in portis cujusque Civitatis jus super causis majoribus reddebant in homicidas lege agere solebant de quibus agitur Deutr. 16 18. 21 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 autem paena erat gladius quia de homicidis inibi cognoscebatur ut Moses nos docet Christus Grotius in Mat. 5. 21. When King David was old and neet his Death he appointed Salomon to be King after him and caused a Parliament of all Israel to be assembled wherein he gathered together all the Princes of Israel with the Priests and Levites 1 Chr 24 1. 2. In this great Parliament the priests and Levites were not omitted not in any Court of Justice in that Kingdome For as it is p. 4. There were six thousand of them appointed Officers and Judges throughout the land of Israel which is the thing that now many of our Common people do much dislike not well induring a few Justices of Peace to be of the Clergy whereas we have the example of David guided and directed by the Spirit of God as the Text saith 1 Chron. 28 12 13 19. So disposing and ordering the Levites that he appointed some for the outward businesse over Israel for Officers and Judges a thousand and seven hundred were Officers of Israel on this side Iordan in all businesses of the Lord and in the service of the King This Text is very plain to prove that the same man may be employed in Ecclesiastical matters of the Church as also in the Kings Service So pag. 32. David appointed two thousand and seven hundred cheif Fathers to be Rulers over the Reubenites Gadites and the half Tribe of Manasses who were beyond Iordan for every matter pertaining to God and affairs of the King and c. 26. 14. Zecharias a Levite is commended for a wise Counsellour But that now any of the Clergy should be Councellours Judges or Officers unto Princes is accounted by some an unlawful thing or at least not very commendable Whereas we see by this very law and direction of King David that the Levites might attend businesse belonging to the worship and service of God and instruction of the people as also of the publick service and affairs of King and State So the Divines in their late Annotations on the Bible do acknowledge that the Levites 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 1 Chron. 26. 29 30. 2 Chron. 19. 8 11. So the Learned Grotius Sicut lex erat uan praeptrix divini omnis humanique juris ita apud Hebraeos penes eosdem erat juris utriusque interpretatio Upon Mal. 2. 4. and so other Commentaries do affirm as Lavater in cap. 23. Per
Commanders joyned as the Count of Bucquoy the Count of Tilly the Count of Papenheim the Count of Maradas Besides other great Captains of note having an Army of 40. thousand men and fought the great Battle neer Prague and prevailed powerfully Next day the City of Prague was surrendered the Palsgrave fled away and of 30. Committee-men in Prague which directed all businesse twenty seven were apprehended and the next year after they had been tryed and condemned by the Common-law of the land for rebellion and raising armies and Committees they were put to death upon one stage the same day Not long after ten thousand protestant Ministers and Churches were suppressed and the Ministers banished out of the Kingdome and the provinces annexed of Moravia Silesia Lusatia and other Countties of the Emperor The Covenanters who had seised on the Lands and Revenues of the Bishops and Deans aud other societies by way of Sequestration first which word they used in one article of their Covenant were forced to yield up those lands and to restore them to the former owners and so also in many other parts of Germany Lands and Houses of the Clergy which were taken away an hundred years before were restored to the right owners And for the Godly Covenant they renounced it a●d would have been glad to have enjoyed the favours which the Emperors formerly permitted them out of his Clemency But since they raised such a bloody War he would not suffer them longer to enjoy his former favours So that the Bohemians and most parts of Germany who enjoyed peace and great happinesse in all respects lost all by striving to overthrow the Bishops and the Ecclesiastical Laws and to take their Lands This miserable event might well have forewarned us in England not to offend in the same kind as they did to overthrow Bishops and all the preferments of the Church to bring in Pre●byterian purity and lay elders and to impose a godly Covenant wich was indeed a wicked combination and Conspiracy far worse then the Covenant of the low Countries or that of France against Hen. 3. Hen. 4. which had almost confounded all France and was at length the destruction of those two great Kings who were both miserably murdered and put to death as our King Charles was in most abominable manner and in many respects more horribly then those two Kings for they were stabbed on a suddain by two villaines and without the consent of the people and severe punishments were inflicted upon them speedily But King Charles in a deliberate manner by men that pretended Justice and upright dealing who called an high Court of Justice never heard of before no Judges of the Land consenting or approving and so openly in the face of the sun and of all the world with an high hand and professed malice and outragious fiery zeal that the Emperor Maximilian did justly say that the Kings of England were Kings of Devils And though the Presbyterians would excuse themselves that they never intended the Kings destruction yet that is a frivolous and foolish excuse for as Sir Walter Raleigh saith truely Our law doth Construe all levying of war without the Kings Commission and all force raised to be intended for the Death and Destruction of the King not attending ●he sequel and so it is judged upon good reason for every unlawful and ill action is supposed to be accompanied with an ill intent Lord Coke 3. Instit. pag. 12. speaking fully of all kinds and degrees of treason saith Preparation by some overt Act to depose the King or take the King by force and strong hand and to imprison him until he hath yeilded to certain demands this is a sufficient overt Act to prove the compassing and imagination of the death of the King for this upon the matter is to make the King a subject and to despoile him of his kingly office of royal government And so it was resolved by all the Judges of England Hill 1. Iac. Regis in the Case of the Lord Cobham Lord Gray and Watson and Clark seminary Priests and so it had been resolved by the Justices Hill 43. Eliz. in the Case of the Earls of Essex and Southampton who intended to go to the Court where the Queen was and to have taken her into their power and to have removed divers of her Councel and for that end did assemble a multitude of people this being raised to the end aforesaid was a sufficient overt Act for compassing the death of the Queen and so by woful experience in former times it hath fallen out in the Cases of King E. 2. H. 6. E. 5. that were taken and imprisoned by their subjects The Presbyterians did offend in this kind notoriously and therefore committed Treason manifesty for they imprisoned the King in divers places and at length in a remote place in the Ifle of Wight and what followed after is well known And all this done by them that were for the most part Presbyterians out of their design to compell the King to yeild to their projects to overthrow the Bishops and to take their Lands and Revenues which they account to be the flesh and bones of the whore of Babylon which they must devour and make the old whore naked bare and desolate The excellently learned Grotius who did perfectly understand and discover the practices of the Presbyterians as appears in many places of his works hath one remarkable passage in his treatise de Anti-Christo pag. 65. which shall here follow Iam vero fi illi qui dicuntur Dii intelligendi sunt Reges liber flagitiosissimus Boneherii de abdicatione Hen. 3. Galliarum Regis non argumentis tantum sed verbis desumptus est non ex Mariana aut Santarillo se ex Iunio Bruto quis is sit sat scio sed quia latere voluit lateat ex viris doctis quidem at factionis ejusdem Dictis facta congruunt haec est illa mica salis de qua infra aget Borborita quae facta est in mare salsum faetens apud Reges omnia circumsata corrumpens Circumferamus oculos per omnem historiam quod unquam saeculum tot vidit subditorum in principes bella sub Religionis titulo horum Concitores ubique reperiuntur ministri Evangelii ut quidem se vocant quod genus hominum in quae pericula etiam nuper optimos Civitatis Amstelodamensis Magistratus conjecerit nihil hic narrari opus est sapientibus dictum sat est Laudanda omnino est Regis Christianissimi prudentia virtus qui suos paris sententiae subditos tam solennia insanire vetuit Videat si cui libet de Presbyteriornm in Reges audacia librum Iacobi Britanniarum Regis cui nomen Donum Regium videbit eum ut erat magni judicii ea praedixisse quae nunc cum dolore horrore conspicimus Peter Moulin who was well versed in the Controversies of the times and suffered much in the late wars