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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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servnm cui praest Et Rectum est ut non sit aliqua mensurabilis virga longior quam alia sed per Episcopi mensuram omnes institutae sint ex aequatae per suam diocaesim Et omne pondus constet secundum dictionem ejus si aliquid controversiarum intersit discernat Episcopus And much more is there added It is manifest hereby that by the ancient Laws of this Kingdome what trust care and charge is reposed in the Bishops not only to direct matters Ecclesiastical but also to assist rule and guide Temporal Affairs to preserve peace Justice and upright dealing just and true administration of several offices and duties whereby Religion is much advanced and adorned when men are honest and upright in their Actions Contracts Bargains and civil dealings among themselves So that they may not clash or oppose Religion For all publick Statutes Acts and Constitutions for the most part do in some degree more or lesse trench upon Religion and the furtherance or hinderance thereof So that they can hardly be duly and rightly enacted and framed without the advice counsel and assistance of Bishops and the Clergy Whereas Dr. Burgesse replieth that the Bishops were present but did not Vote It is a very simple and frivolous answer For the manner was not then in the time of the Saxons to vote to and fro as they do now but at the conclusion and end of every Council Publick-meeting or Assembly when their Acts or Constitutions were written all the Lords present did subscribe their names and testified thereby their Votes and Consents and approbation of all that was done Whereas the Custome is now in most businesses to vote and declare themselves by word of mouth which is more uncertain and many may be absent especially some dayes or out of the way at the time of voting but by staying till the end of a Session or Parliament and then subscribing their names it was a more certain way to testifie who were present and consented to all laws that are made and posterity may know whom to thank if the Statutes be good or whom to blame if they be unjust or unreasonable As that Act 11. H. 7. c. 3. which gave power to Empson and Dudley those two infamous Committee-men to proceed upon information without Indictment by their discretion and not secundum Legem Consuetudinem Angliae as all proceedings ought to be By virtue of this Statute which Cook hath printed 4. Instit. pag. 40. 41. Empson and Dudley did commit upon the Subject unsufferable pressures and oppressions A good Caveat to Parliaments to leave all causes to be measured by the golden and streight metwand of the law and not to the uncertain and crooked cord of Discretion And much more to admonish Parliaments Cook doth there add in very earnest manner but our late long Parliament hath highly offended against all his severe admonitions and have far exceeded any ill doings of Empson and Dudley For as Lord Chancellor Bacon saith of them They kept the half face of Justice in putting up indictments against many men but they would not suffer any man to traverse them and they had Jurors ready that would find any thing for fact or valuation But now in the proceedings against the Clergy especially there is not the half face of Justice observed nor the outside But only voting upon any information and upon the Votes of Committees or Sub-committees and such like not of either House men are cast out by Sequestration of their Livings and Freeholds especially the Clergy are oppressed beyond example of any former age All which unjust and horrible proceedings would not have been suffered if the Bishops had been permitted to enjoy their ancients rights places and power in Parliament they would have protested against it and declared their dissent and found means to have hindered such detestable doings far beyond the wickednesse of Empson and Dudley Empson and Dudley did not cast men out of their Houses Lands and Estates as is now done by voting Only they did tamper and trouble men till they could get some mony or fines upon the breach of some obsolete Statutes which they called mitigations saith Bacon But now mens freeholds and Estates are taken away upon pretences only and bare informations without Jurors for Trial or witnesses upon Oath or any legal proceeding Empson and Dudley though they offended highly against Law for which they were severely punished yet there came some good to the publick by their doing for they filled the Kings Exchequer with great sums of money some millions of pounds as Lord Cook sheweth 4. Instit. pag. 198. And Lord Herbert in his History pag. 9. Greater sums doubtlesse then any King of this Realm before had in his Coffers and such as may be thought effectively quadruple to so much in our age But our Long Parliament and Committee-men have spent many more millions of money then can be imagined more then ever David left for the building of the Temple viz twenty and three Millions of our money and a thousand pound A matter but for the testimony of Scripture exceeding all beliefe saith Sir Walter Rawleigh 2. Book Cap. 17. Sect. 9. But our long Parliaments have spent more to pull down Temples and have raised such a rabble of Sectaries as are ready to pull down and destroy all the Churches in the Land and to make spoyl of all the materials and Revenues of them Empson and Dudley brought so much money to the Kings Coffers that King Hen. 8. was exceedingly enriched insomuch as Bacon saith of him upon the death of Hen. 7● That there was the fairest morning of a Kingdome that ever was seen in this land or any other but by his prodigal exp●nces and Sacrilegious doings there followed the foulest evening of a Kingdome that ere was known Bancroft in his Survey cap. 6. saith that at Geneva they had a cheif Council of threescore which is as a Parliament in their Government and that Calvin and Beza were Members of that Council and had vote and voice among them and why may not a Bishop among us be present in our great Council as well as Calvin and Beza at Geneva who carried all matters there under their Gow●s as Dr. Williams Arch-bishop of York saith in his Speech in Parliament which gave occasion to Dr. Burgesse to write against him and impudently to call him the pragmatical Arch-prelate of York being an eminent person of extraordinary parts both of Nature and Art and by reason of his great Honour being Lord Keeper of the great Seal and his education in former times was by many degrees far above Dr. Burgesse who never had any honourable place and was but a little time in the Universitie never fellow of any Colledge as is well known and how poorly and pitifully he had performed his Exercises in Oxon. when he took his degree is very well remembred and particularly mentioned by the Learned Dr. Heylin pag. 182.
and Combustions of France when the Protestants did call and hold Parliaments there without the Kings consent as at Loudun and Rochel 1627. and did garrison the City very strongly against the King Moulin doth take occasion to speak thereof in his Anatome Missae pag. 246. Where he reckoneth up the wars of Bohemia and what was done against Hierom of Prague and Iohn Husse and the fortunate battels fought by Zisca in the end he concludeth and inferreth this Haec non ideo à nobis allata sunt quod probemus actiones Ziscae aut tumultus populorum qui ut persecutiones martyrium effugiant arma sumunt adversus dominos suos etenim veritas Evangelica non his stabilitur rationibus modis Christus ad crucem p●st se ferendam nos voeat Sanguis martyrum plus habet efficaciae virtutis ad ampliandam Ecclesiam quam bellorum ●ertam●●a Thus it appears that 〈◊〉 doth not justify the taking up of arms against Princes to reform Religion He was sensible of the Errors and losses of the Presbyterians in France in the wars they undertook against their King Lewis 13. Who in the end suppressed them took their strong towns and reduced them to obedience though he granted them the exercise of their Religion and how much they lost by the wars Moulin then liying in France and seeing both the beginning and end of the war could not be ignorant But the principal reason why the Presbyterians do maintain these desperate opinions of taking up arms is that they may pull down the Bishops and seise upon their revenues and lands as they have done notoriously of late both in Bohemia Germany and France and now with u● but they were inforced to regorge and restore them as appears fully in the late Histories which might have forewarned our Puritans Si mens non laeva fuisset The Emperor hath restored not onely in his patrimonial Countries all the Lands and Estates of the Bishops and Clergy which the puritans there had seised on of late years but those also which were taken away an 100 years ago as in the Duke of Wittenbergs Country whereof there are two volumes published at Tubing in Germany 1639. The Learned French Divine Chamier Tom. 2. lib. 15. c. 8. at large disputeth the question An tolerari debeat a Christianis Rex infidelis aut haereticus Pontificii dicunt non licet Christianis tolerare Regem infidelem aut haereticum si conetur pertrahere subditos ad suam haeresin vel infidelitatem c. Haec vero fax est seditionum scaturigo parricidiorum lerna malorum quibus hisce multis annis Anglia tentata est sed tentata tantum Deo protegente regiaque capita praesentibus periculis eripieute At nostrae Galliae Theatrum jam ter misere cruentatum duorum proxime Regum sanguine sic enim ratiocinati sunt parricidae aut qui parricidis sicas tradiderunt Non esse tolerandum Christianis regem incommodum Ecclesiae itaque deponendum Quid si non possit judicio solenni tamen ipso facto qui dignum se exhibuerit depositione censerl depositum ac proinde non amplius Regem sed Tyrannum ideoque jure occidi id est tolli quacunque possit ratione Quos furores si nulla alia revinceret ratio certe tam immania sceler aabunde debent hominum animos abominatione replesse Viderint homines Deut certe non dormit If Chamier had lived to see the murther of King Charles he would have said more then he did Hisce multis Annis Anglia tentata est sed tentata tantum God did preserve Q. Elizabeth oftentimes and King Iames from the Gunpowder Treason Upon both which occasions much hath been written by learned wise and excellent men both at home and abroad Against that wicked doctrine of raising arms against Kings to reform Religion Whereof not only the Papists are guilty but the Puritans As Bancroft proveth fully against Knoxe and Buchanan Goodman Gilly Cartwright and many others lib. 2. c. 1 2 3 4 of his dangerous positions The Puritans in England could be content to second King Iames writing against the Pope and Papists for deposing and murthering of Kings But for their own parts they account Parliaments to be superiour to all Kings and therefore maintain that Doctrine of Calvin that the tres ordines Regni the three estates of Parliaments may correct and punish Kings Which Doctrine David Pareus defended But his books were burned for it at London and both Universities But of late not only the three estates of the Kingdome but the third estate the Commons the representative of the peopledome may correct and punish Kings For they have styled themselves The Supream authority of the Nation without the House of Lords whom they voted to be uselesse and cast them out and make Statutes which they call Acts of Parliament without the House of Lords or the Royal assent Contrary to all the statutes recorded in the Book of Statutes Bancroft in the very end of his Book of dangerous positions doth plainly foretell that the Puritans would never give over their Clamour for Reformation till they had utterly ruined the whole Kingdome and Church as now it appears manifestly they have effected their desires in great part But saith Bancroft there are divers-men that will needs hood-wink themselves and stop their Ears with the Serpent in the Psalm of purpose because they would gladly have these things smothered up He meaneth men in great place that were willing to think that the Puritans were no such dangerous men as he and others did take them to be only scrupulous and peevish perhaps about Ceremonies and therefore were willing to forbear them and not to censure them sharply But Bancroft doth wisely tell them that if any such mischeifs which God forbid shall happen hereafter they were sufficiently warned that both should and might in good time have prevented them and withall it would then be found true which Livy saith Urgentibus Republicam fatis Dei hominum falutares admonitiones spernuntur When the Lord for the sins of the people is purposed to punish any Country he blindeth the eyes of the wise so as they shall either neglect or not perceive those ordinary means for the safety thereof which very simple men or babes in a manner did easily foresee Which Judgement I pray God turn far away and long from this and all other true Christian Lands and Kingdoms The principal end and project of the Presbyterians was not only to reform some things amisse but to pluck up both root and branch of Episcopacy and all Ecclesiastical laws and Courts though never so ancient and Fundamental setled by Magna Charta and many other Fundamental statutes as Circumspecte agatis 13. Edw 1. Articuli Cleri 9. Ed. 2. as Lord Coke doth expound them at large 2. Institut and for payment of Tythes and all Duties belonging to the Church there is both Common Law and