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

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AN ANSVVER To this Quodlibetical QUESTION Whether the Bishops make a Fundamental and Essential part of the English PARLIAMENT COLLECTED Out of some Memorials in a larger Treatise for the Information of some the Confirmation of others and the satisfaction of all De Legib. ●onga Consuet Si de interpretatione Legis quaeritur imprimis inspiciendum est pro jure civitas retro in hujusmodi casibus usa fuit Consuetudo enim optima interpretatio legis est LONDON Printed for A. Seile over against St. Dunstans Church in Fleet-street 1661. AN ANSVVER To this Quodlibetical QUESTION viz. Whether the Bishops be a Fundamental and Essential part of the English Parliaments WHereas a great Question hath been raised of late and but lately neither Whether the Bishops make a Fundamental and Essential part of the English Parliament I hope to put it out of question by two sorts of Arguments of which the one shall be de jure and the other de facto The one derived from that original right which is vested in them the other from the constant exercise and continual practice by which that right hath been enjoyed in all times foregoing And first we shall begin with the proofs de jure and therein first with that which doth occurre in the Laws of King Athelston one of the first Monarchs of the English Saxons Among which there is a Chapter it is chap. 11. entituled De officio Episcopi quid pertinet ad officium ejus that is to say Touching the office of a Bishop and that which doth of right belong unto it In which Chapter it is thus declared viz. Episcopo jure pertinet omnem rectitudinem promovere Dei scilicet seculi c. (†) Spelm. Counsel p. 402. convenit ut per consilium testimonium ejus omne Legis scitum Burgi mensura omne pondus sit secundum dictionem ejus institutum that is to say it belongeth of right unto the Bishop to promote Justice in matters which concern both the Church and State and unto him it appertaineth that by his Counsel and award all Lawes and Weights and Measures be ordained throughout the Kingdom 2ly Next we will have recourse to the old Record entituled Modus tenendi Parliamentum In which it is affirmed ad Parliamentum Summoniri venire debere Archiepiscopos Episcopos Abbates Priores alios majores Cleri qui tenent per Comitatum aut Baroniam ratione hujusmodi tenurae (*) Modus tenendi Parliamentum That all the Archbishops Bishops Abbats Priors and other Prelates of the Church who hold their Lands either by an Earls Fee or a Barons Fee were to be summoned and come to Parliament in regard of their Tenure 3ly Next look we on the Chartularies of King Henry the first recognized in full Parliament at Clarendon under Henry the second where they are called Avitas consuetudines which declare it thus Archiepiscopi Episcopi universae Personae qui de Rege tenent in capite habeant possessiones suas de Rege sic ut Baroniam c. Et sicut caeteri Barones debent interesse judicijs Curiae Regis cum Baronibus quosque pervenierat ad dimmutionem membrorum vel ad mortem (*) Math. Paris in Hen. 2. The meaning is in brief that Archbishops Bishops and all other Ecclesiastical persons which hold in Capite of the King are to have and hold their Lands in Barony and that they ought as Barons to be present in all Judgments with the other Barons in the Court of Parliament until the very Sentence of Death or Mutilation which was very common in those times was to be pronounced And then they commonly did use to withdraw themselves not out of any incapacity supposed to be in them by the Law of England but out of a restraint imposed upon them by the Canons of the Church of Rome 4ly In the Great Charter made by King John in the last of his Reign we have the form of summoning a Parliament and calling those together who have Votes therein thus expressed at large And Habendum commune concilium Regni de auxilio assidendo c. Et de scutagijs assidendis faciemus summoneri Archiepiscopos Abbates Comites majores Barones Regni sigillatim per litter as nostras preteria summoneri faciemus in generali per Vice-Comites Ballivos nostros omnes alios qui in Capite tenent ad certum diem scil ad terminum 40 dierum ad minus ad certum locum c. (†) Id in Job In which we have not only a most evident proof that the Bishops are of right to be called to Parliament for granting Subsidies and Escuage and treating of the great Affairs which concern the Kingdom but that they are to be summoned by particular Letters as well as the Earls and Barons or either of them A form or copie of which Summons issued in the time of the said King John is extant on Record and put in Print not many years since in the Titles of Honour (†) P. 1.20.5 5ly We have it thus in the Magna Charta of King Henry the 3d. the birthright of the English Subject according as it stands translated in the book of Statutes First we have granted to God and by this our present Charters have confirmed for us and our Heirs for ever That the Church of England shall be free and shall enjoy all her whole Rights and Liberties inviolable (†) Magna Charta cap. 1 But it is a known Right and Liberty of the Church of England that all the Bishops and many of the greater Clergy and peradventure also the Inferiour Clergy in the said Kings time had their Votes in Parliament and therefore is to be preserved inviolable by the Kings of England their Heirs and Successors for ever Which Charter as it was confirmed by a solemn Curse denounced on all the Infringers of it by Boniface Arch-Bishop of Canterbury (†) Math. Paris in Hen. 3. and ratified in no fewer then 80. succeeding Parliaments So was it Enacted in the raign of Edward the first That it should be sent under the great Seal of England to all the Cathedral Churches of the Kingdome to be read twice a year before the people (†) 28. Edw. 1. c. 1. That they should be ready four times every year in a full County Court (*) 28 Edw. 1. c. 2. and finally that all Judgements given against it should be void and null (†) 28. Edw. 1. c. 3. the application or which last clause I refer to those to whom the rectifying of the Error which to the contrary thereof hath been committed doth of right belong 6ly We have the protestation of John Stratford Arch-Bishop of Canterbury in the time of King Edward the 3d. who being in disfavour with the King and denied entrance in to the House of Peers Challenged his place and suffrage there as the first Peer of the