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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

AN APOLOGY FOR The Ancient Right and Power OF THE BISHOPS To SIT and VOTE IN PARLIAMENTS As the first and principal of the three Estates of the KINGDOME As Lord Coke sheweth 3. Institut C. 1. and other both learned LAVVYERS and ANTIQUARIES as Camden Spelman Selden and many others 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. London Printed by W. Godbid for Richard Thrale at the Crosse-Keyes at St. Paul's gate entring into Cheape-side 1660. To the READER DOctor Williams Lord Arch-bishop of York made an accurate Speech in Parliament to defend the rights of the Bishops and the learned Bishop Hall made an abstract of his reasons against which Doctor Burgesse published an Examination wherein there is little material if once the principal doubt be cleared whether Bishops had anciently Votes in Parliament and were Barons or that which is equal or superiour unto Barons being accounted Thanes in the times of the Saxons before the Conquest which I hope is so fully cleared in this following discourse as there will be little question remaining Though Parliaments began as our Histories shew long after the Conquest in this manner as now they are held yet they had Assemblies Gemots of the Estates and principal nobility whereof the Bishops and Clergy were alwayes an eminent party according to the Laws and Custome of those times and equivalent in authority to our Parliament They had several Gemots as the first was Wittena-gemott idem apud Anglo-saxones fuit quod apud nos hodie Parliamentum parumque a Folkmotto differebat nisi quod hoc annuum esset è certis plerumque causis illud ex arduis contingentibus legum condendarum gratia ad arbitrium principis indictum In Folckmotto semel quotannis sub initio Calendarum Maii tanquamin a●nuo Parliamento convenere Regni principes tam Episcopi quàm Magistratus liberique homines Iurantur laici omnes coram Episcopis in mutuum faedus in fidelitatem in jura Regni conservanda Consulitur de communi salute de pace de bello de utilitate publica promovenda c. Sciregemott si pluries opus non esset bis solummodo in anno indicebatur Aderat provinciae Comes aderat Episcopus aderant Magnates omnes Comitatenses Episcopus jura divina enuntiabat vindicabat Comes secularia alter alteri auxilio De causis hîc cognitum est tam criminalibus quam civilibus sed jurisdictiones postea separabat Gulielmus primus videtur hoc idem fuisse quod olim Turnum dicemus Vicecomitis non minus quam hodie nunc dicitur bis in anno tenebatur aderant que omnes unà comitatus magnates Te●iti● liberi Many other Gemots and Meetings they had but in all these publick Gemots the Clergy were principal members as appears by the laws of King Edgar Cap. 5. Gemottis adsunto locii Episcopus Aldermannus ho● est Comes doceatque alter jus divinum alter jus saeculare Thus the learned Glossary sheweth out of whom it was necessary to shew the several assemblies then in use that we need not contend about the French word Parliament which came in use about the time of Hen. 3. But whatsoever their Assemblies were the Bishops were alwayes principal members thereof and though once in 25. Edward 1. there is mention of a Parliament at St. Edmunebury whereby the Clergy were excluded for denying of money which they refused to grant by reason of a prohibition from Pope Boniface in regard of many Levies latel yraised upon the state Ecclesiastical As of later times there was a Parliament once held without Lawyers in 6. Hen. 4. at Coventry as both our Histories do testifie and also the Kings Writ directed to the Sheriff whereof the words are Nolu●us autem quod in seu aliquis alius vicecomes Regni nostri praedicti aut Apprenticius aut alius homo ad legem aliqualiter sit electus Vnde Parliamentum illud laicorum dicebatur indoctorum quo jugulum Ecclesiae atroci●s petebatur as alearned Author saith Yet I hope notwithstanding the inconsiderate zeal of this Examiner our Histories shall never be blemished with such a reproach as to report the loss or defect in Parliament of either learned Clergy or Lawyers to direct and assist in whatsoever matters are proper to their faculties and the publick welfare of the Kingdome The most Accurate History of the ancient City and famous Cathedral of Canterbury being an exact Description of all the Rarities in that City Suburbs and Cathedral together with the Lives of all the Arch bishops of that See Illustrated with divers Maps and Rig●res Published by Will. Somner Author of the late Saxon Dictionary 4to And is to be sold by Richard Thrale at the Crosse-Keyes at Paul's gate entring into Cheape-side The Contents of the several Chapters CHAPTER I. COncerning Government Ecclesiastical and Civil in the state of nature from Adam till Moses which was about 2500 years the same person was both chief Magistrate and also Priest unto God CHAP. II. The government of the Church and State of Israel by Moses and Aaron and their Successors until Christ about 1500 years That there was not then two several Iurisdictions the one Ecclesiastical the other Civil CHAP. III. Concerning the Union of the Courts of Iustice in the time of the Saxon Kings after they were converted to the faith The division of the Courts being brought in by William the Conqueror as appears by his Statute CHAP. IV. Concerning the Honour and Dignity of Bishops in the time of Saxons and so continued to these times CHAP. V. Concerning Barons and the title thereof and how the Bishops became Barons being no addition of honour to them but inforced upon them by the Conqueror and since continued to this day CHAP. VI. Concerning the Legislative power and Votes of the Bishops in making laws Concerning the Statute 11. H. 7. whereby Empson and Dudley proceeded and what great treasures they brought to the King Calvin and Beza at Geneva were members of their chief Council of State consisting of 60 and so may Bishops in England be members of Parliament King David appointed Priests and Levites in all Courts of Iustice. The Clergy had many priviledges as Lord Coke sheweth upon Magna Charta 2 Instit. pag. 2 3. Ambition and Coveteousness of the Presbyterians the principal cause of all our troubles CHAP. VII In the first frame of our English Common wealth the Bishops in every Diocess were the principal Iudges The Charter of William the Conqueror for dividing the Courts The Statute of Circumspecte agatis 13. Ed. 1. and Articuli Cleri 9. Ed. 2. appointing what

Parliament assembled and by the authority of the same ordaineth establisheth and enacteth that from henceforth the same evection and making of the same Duke and all the Names of dignity to the said George or to Iohn Nevil befor henceforth void and of none effect c. And much more the Lord Cook addeth to the same purpose as also York the Herald pag. 223. The late Lord Brook who was slain at Lichfield when he was ready to batter the Cathedral Church in his book against Bishops speaking much against them and magnifying the Temporal Barons saith that though their Honours are derived from the King yet being once made Lord their Honour is vested in their blood and cannot be taken away but his Lordship was not learned in Law or Herauldry He might have taken notice what Lord Bacon saith in his Apopthegmes That blood is no better then the blood of a black Pudding that wants Fat and Suet Honour is vested in the lands Mannors and Revenues which when they are lost and gone farewell Honour and Title Edward Lord Cromwell Grandchild to him that spoyl'd the Church sold the head of his Barony Oukham in Rutland and wasting his whole estate left himself as little land in England as his Grandfather left to the Monasteries by the Feudal Law his Barony is lost The last Edward Lord Zouch who dyed 1. Caroli who was a very great Baron anciently sold the Head of his Barony Haringworth in Northampton-shire and all the Lands which he had insomuch that Henry Howard Earl of Northampton said He was a Baron sans terre Whereupon he bought again some other lands but having no Sons his Barony his extinct Henry Daubeny Earl of Bridgewater created 20. Iuly 30. H. 8. dyed without Issue Anno ... Edw. 6. and so his Name Family and Dignity extinct This Earl was reduced to that extream poverty that he had not a servant to wait on him in his last sicknesse nor means to buy Fire or Candles or to bury him but all was done for him in Charity of his Sister Cicely married to Iohn Bourchier the first of that name Earl of Bath Many more might be alleadged but these are enough to shew that when Lords have lost their Lands and Revenues then they are not fit men to fit and vote in Parliament and many there are who though no● wholly impoverished yet so decayed that they are not so fit as the Bishops to be present in Parliaments who if they might have enjoyed their ancient Lands and Mannors were indeed the most able and worthy to be Members in Parliament both in regard of their great estates and their Knowledge and Learning in all kinds far beyond the Temporal Lords Lastly Whereas Dr. Burgesse saith the Bishops are Barones Ele●mosynarii and would thence infer that they are but as Arbitrary Almsmen like the poor Knights of Windsor who may be abated or taken away at pleasure This is but a spightful inference upon the bare word Eleemosyna without the true sense of it For as the Learned Glossary sheweth Barones Eleemosynarii apud Stanfordum in jure nostro dicuntur Archiepiscopi Episcopi Abbates Priores qui praedia suae Ecclesia a Rege tenent per Baroniam Baronias etiam suas ex Eleemosyna Regum perhibentur accepisse licet ipsa praedia aliorum saepe munificentia consequuti fuerint And sometimes not only by the gift of other noble persons but also themselves did buy and purchase many Mannors and Lands conferring them on their Successours and being so bought they cannot in justice be taken away as if all had been given by the King and others as meer Alms. Lanfranck Arch-bishop of Canterbury bought and recovered 25. Mannors and left them to his Successors Harvey the first Bishop of Ely in the time of Hen. 7. bought and left many Mannors to his Successors and so likewise did many other Bishops enriching much their Bishopricks and leaving besides many testimonies of their piety by building Colledges and Hospitals And other good works to the benefit of all men They founded also almost all the Colledges in both Universities to their eternal honor so long as Learning shall flourish in this Kingdome CHAP. VI. Concerning the Legislative power and Votes of the Bishops in making Laws Concerning the Statute 11. H. 7. Whereby Empson and Dudley proceeded and what great Treasures they brought to the King Calvin and Beza at Geneva were Members of their Chief Council of State consisting of 60. and so many Bishops in England be Members in Parliament King David appointed Priests and Levites in all Courts of Iustice. The Clergy had many priviledges as Lord Cooke sheweth upon Magna Charta 2. Instit. pag. 2 3. Ambition and Covetousnesse of the Presbyterians the principal cause of all our Troubles BUt concerning the Legislative power and Votes of Bishops in making Laws to regulate the Kingdome and to preserve peace and justice among all sorts of men there is not to be forgotten an ancient Law of King Athelstan Concil pag. 402. c. 11. That worthy King in his Laws hath one De Officio Episcopi quid pertinet ad Officium ejus Episcopo jure pertinet omnem rectitudinem promovere Dei scilicet ac seculi imprimis debet omnem ordinatum Dei instruere quid ei jure sit agendum quid secularibus judicare debeat Debet enim sedulo pacem concordiam operari cum seculi judic●bus qui rectum velle diligunt in compellationum adlegationem docere ne quis alii perperam agat in jurejurando vel in ●rdalio Nec pati debet aliquam circumventionem injustae mensurae vel injusti ponderis sed convenit ut per Consilium Testimonium ejus omne legis scitum Burgi mensura omne pondus ponderis sit secundum ejus institutum valde rectum Ne quis proximum suum seducat pro quo decidat in peccatum Et semper debet Christianus providere contra ●mnia quae praedicta sunt ideo debet se magis de pluribus intromittere ut sciat quomodo grex agat quem ad Dei manum custodire suscept ne diabolus eum laniet nee malum aliquid super seminet c. Christianis omnibus necessarium est ut rectum diligant iniqua condemnent saltem sacris ordinibus evecti justum semper erigant prava deponant Hinc debent Episcopi cum secularibus judicibus interesse judiciis ne permittant si pessint ut illius culpa aliqua pravitatum germina pullulaverint Et sacerdotibus pertinet in sua diocaesi ut ad rectum sedulo quemcumque juvent nee patiantur si possint ut Christianus aliquis alii noceat non potens impotenti non summus infimo non praelatus subditis non dominus hominibus suis vel servis aut liberis molestus existat secundum Episcopi dictionem per suam mensuram convenit ut servi testamentales operentur super omnem

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

of pious memory what had become of that great Work of our Reformation in this flourishing Church of England But I know before whom I speak I do not mean to dine your Lordships with Coleworts the harsh Consequences of this point your Lordships do understands as well as I. The last robe that some persons in holy orders are to be stript of hath a kind of mixture of Freehold and favour of the proper right and the graces of the King which are certain old Charters that some few Bishops and many ancient and Cathedral Churches have purchased procured from the ancient Kings before since the conquest to inable them to live quiet in their own pr●cincts and close as they call it under a Justice or two of their own body without being abandoned upon every slight occasion to the injuries and vexations of Mechanical Tradesmen of which your Lordships best know these Countrey Incorporations do most consist Now whether these few Charters have their foundation by favour or by right I should conceive under your Lordships favour it is neither favour nor right ●o take them away without some just crime objected and proved for if they be abused in any particular Mr. Attorney General can find an ordinary remedy to repair the same by a Writ of Ad quod damnum without troubling of the two Houses of Parliament and this is all I shall speak to this point And now I come to the fourth part of this bill which is the manner of Inhibition heavy every way heavy in the penalty heavier a great deal in the incapacity the weighing of penalty will you consider I beseech you the small wyers that is poor Causes that are to induce the same and then the heavy lead that hangs upon these wyers It is thus if a natural subject of England in●ere●●ed in the Magna Charta and petition of Right as well as any other yet being a person in holy orders shall happen unfortunately to vote in Parliament to obey his Prince by way of Councel or by way of a Commissioner● be required thereunto then is he presently to loose and forfeit for his first offence all his Means and Livelyhood for one year and for the second to forfeit his Freehold in that kind for ever and ever And I do not believe that your Lordships ever saw such an heavy weight of censure hang upon such thin wyers of reasons in any Act of Parliament made heretofore This peradventure may move others most but it does not me it is not the penalty but the incapacity and as the Philosophers would call it the natural impotency imposed by this Bill on men in holy orders to serve the King or the State in this kind be they otherwise never so able never so willing not never so vertuous which makes me draw a kind of Timanthes vail over this point and leave it without any amplification at all unto your Lordships wise and inward thoughts and considerations The fifth point is the Salvo made for the two Universities to have Justices of the peace amongst them of their own heads of Houses which I confess to be done upon mature and iust consideration for otherwise the Scholers must have gone for Justice to those parties to whom they go for their Mustard and Vinegar but yet under favour the reasons and inducements cannot be stronger then may be found out for other Ecclesiastical persons as the Bishop of Durhans who was ever since the dayes of K. Iohn suffered by the Princes and Parliaments of England to exercise justice upon the parties in those parts as being in truth the Kings subjects but the Bishops Tenents and therefore not likely to have their Causes more duly weighed then when the ballance is left in the hand of their own proper Landlords The Case of the Bishop of Ely for some parts of that Isle is not much different but if a little partiality doth not herein cast some mist before mine eyes the Case of the Dean and City of Westminster wherein this Parliament is now sitting is far more considerable both in the antiquity extent of Jurisdiction and the warrants whereupon it is grounded then any one of those places before mentioned for there is a clear Statute made 27. Eliz. for the drawing all Westminster St. Clemenst and St. Martins le grand London into a Corporation to be reigled by a Dean a Steward 12 Burgesses and 12 Assistants And if some salve or plaister shall not be applied unto Westminster in this point all that government and Corporation is at an end But this I perceive since is taken into Consideration by the Honorable House of Commons themselves I come now to the last point and the second Salvo of this Bill which is for Dukes Marquisses Earls Viscounts Barons or Peers of this Kingdome which is a clause that looks with a kind of contrary glance upon persons in holy orders It seems to favour some but so that thereby and in that very Act it casts an aspersion of baseness and ignobility upon all the rest of that holy profession for if no persons in holy orders ought to intermeddle in secular affairs how come these Nobles to be excepted out of that universal negative is it because they are nobly born then surely it must be granted that the rest must be excluded as being made of a rough and base piece of clay For the second part of this reason in beginning of the Bill can never bear out this Salvo that the office of the ministery is of so great importance that it will take up the whole man and all his best endevours Surely the office of the ministry is of no greater importance in a poor man then in a noble man nor doth it take away the whole man in the one and but a piece of him in the other I cannot give you many Instances herein out of Scripture because you know that in those dayes not many mighty not many noble were called c. 1 Cor. 1. 26. but when any noble were called I do not find but they did put more of the whole man and their best endevours upon the ministery then men in holy orders are at the least in holy Scripture noted to have done I put your Lordships in mind of those noblemen of Beraea compared with those of Thessalonica in the 17. of the Acts of the Apostles So that this Salvo for the nobility must needs be under your Lordships favour a secret wound unto the rest of the ministery unlesse your Lordships by your great wisdome will be willing to change it into a Panacea commonplaister both to the one and the other and under your Lordships favour I conceive may be done upon a very forcing argument The office of the ministry is of equal importance takes up the whole man and all his best endevours in the noble born as well as in the mean born minister but it is lawful all this notwithstanding for the noble