form'd His great Knowledge in Records and that he is known not to be partial for the Bishops make him of great Authority pages 10 11 12 13 14 17 329 384 325 281 392 567 607 710 712 713 714. And farther in the Time of Queen Elizabeth in an Act of Parliament in the first Year of her Reign made for the Recognition of Her Queen of England which was an Act of State and of the whole Community and therefore most requisite it was that that Parliament should give themselves their right Stile It is said We your said the Lords Spiritual Temporal and Commons in Parliament assembled was said before to which this doth relate most loving Subjects representing the three States of your Realm of England The Nature of the Government came directly at their Times under Consideration of the Parliament which is an Assembly that cannot be mistaken in the Constitution of the Kingdom in any Question of such a Nature when they will deliberate and consider This mighty Affair required them to consider who they were and what was their Constitution Now if at any time they are to use that Stile that denotes their Power and declares the Government The Stile of the three Estates of the Realm it seems is so sacred and great and not for ordinary use but that it is used upon such occasions as the Recognition of the Sovereign Princes and in declaring Kings This Stile is most certain declarative of the true Constitution and the great Stile and Title of the Lords Spiritual Lords Temporal and Commons of England A Misnomer now would be as great a Solecism as to see the Nobles and Prelates without their Robes and proper Cognizances at the Solemnities of a Coronation By the due comparing the Statutes aforementiond wherein the Lords Spiritual and Temporal and Commons are called the States and also the Representatives of all the Estates of the Kingdom We may be enlightened into a great Mistery of State for that the Lords Spiritual and the Lords Temporal and Commons are called the three States and also the Representatives of the States give us to understand that every one of them is entrusted for the other and with the Conservancy of the whole Community and are all in their proper Ministries designed to the Common Good and each of them have Dependencies and Expectancies from the other in the due Discharge of their proper and distinct Offices And that the Lords Spiritual and the Lords Temporal are Representatives and Trustees for the Peoples Good and the Common-weal as well as their own In like manner as every Parliament man for a particular Borough is a Representative of all the Commons of England To which we will adjoyn another great Authority and that is of Sir Edward Coke 4 Inst fol. 2. who tells us that the King and three Estates viz. Lords Spiritual and Lords Temporal and Commons are the great Corporation and Body Politick of this Nation This was the Opinion of his Old Age when he was most improved in Knowledge and when he did not flatter the Prerogative Besides to clear this point we may observe that the Stile of Acts of Parliament that hath mostly obtained is this viz Be it enacted c. and by and with the Advice and Consent of the Lords Spiritual and Lords Temporal and Commons This distinct mention of the Lords Spiritual and Temporal is Cognizance of their being distinct States For observe there is no particular mention of Knights Citizens and Burgesses in Acts of Parliament because they are all of the Commonalty which is but one State They are all involved under the general Name of Commons And so would certainly the Lords both Spiritual and Temporal have been in the general Name of Lords if they had not been distinct States and so accounted The Stile of Acts of Parliament would have been by the Advice and Assent of the Lords and Commons assembled in Parliament And the ancient Stile of Parliament before the House of Commons was divided and constituted apart from the Lords House was Clerus Populus Clerus Magnates as may be seen by Eadmerus and Matth. Paris and the Writers of those Times So that the Clerus or Bishops were always a distinct State in Parliament For the letting in Light upon all that hath been said in this matter and for farther clearing it and to reconcile the Differences in the Stiles of the Parliament and that they may unite in their Evidence and not seem to thwart one another It must be remembred that that which is most express and particular is most scientifical and more exactly instructive most distinct and true and intends to inform us exactly in the very Nature of the thing and therefore cannot be derogated from nor prejudiced by what is more general or less distinct It is hence therefore evident that the Lords Spiritual and Temporal are taken for distinct States as they are For they have their distinct Interests and for several ends and purposes became parts in the Government They have their several Ministries and Advantages to the Government apart and come into that House by several ways of Designation and Appointment The Prelates care besides that which is common between them and the Temporal Lords is that of Religion and the Affairs of the Church and the whole Order Ecclesiastical by which the People are to be ministred to in their highest Concernments which are Reasons very sufficient to reckon and account them a distinct State And now we have asserted to the Prelates a Jus Paritatis in the House of Lords for that they are complete Barons as we have likewise proved them a distinct State The Baronage of England is the House of Lords Additions of Title give Precedency but no Superiority or addition of Power The Baronage is one Order and Rank and the highest in the Census of the Government the manner of the Promotion the Ends and Interests of the Government in the advancement of the Bishops though several from those that advanced the Temporal Lords to their State and Honour yet to the same degree they are promoted they are both Members of the same great Council of the same great Judicature and are therefore by their long continuance most duely styled Pares Regni And moreover the Bishops are considered as to their Order and Office Ecclesiastical and another care incumbent upon them besides that of the Baronage and the Orders that belong to the consideration of Heralds do signifie that their Office of a Bishop doth not lessen the Dignity of their Peerage What is it then that makes this present Question The Bishops have the reason and nature of the Government of their side they have used such a power when they have pleased it was never denied to them and their right hath had the most solemn Recognition that can be made The Canon could not abridge and restrain their right and their true Character qualifies them not onely to the degree of an
Peer in Parliament Of what consideration decency can be Chap. XII Their Sitting in Judgment not so much against the reason of the Canon as their assent to Bills of Attainder which was never condemned And the Nature of an Act of Attainder Chap. XIII Over-ruling a Plea of pardon doth not condemn the Criminal and therefore they may judge of such Plea Though they are not to be present at the making of a Judgment of Condemnation Quousque perveniatur in Judicio further explain'd And that which follows upon another thing is not always caus'd by it XIV Bishops one of the three Estates of all the Realms of Christian Europe And how they came to be advanc't to that dignity and trust The convenience of their not being divided in a distinct house from Lay Peers They cannot be detruded from that dignity no more than the Government can be chang'd which no Law can do Six Bishops of the twelve Peers of France and their Aristocratical power That all Governments are lawful that are lawfully establish't Chap. XV. William the Conqueror agreeable to all the Princes of that time put Bishops under Tenure by Baronies and all Baronies at that time feudal with the reason of his Policy and the inconvenience it produced Of the Curia Regis which consisted of the Baronage in which the Capitalis Justitiarius Angliae did preside Of the administration of Justice in that time And that the Baronage of England upon special Writs of Summons became a Parliament An account how all our present Courts derived out of it Of the Court of the High Steward and of the Court of Chancery and the reasons of its rise and growth and how inconvenient it is And how we recovered out of the inconveniencies of that Constitution of Parliament by representatives in the time of H. 3. And that this it being allowed can give no countenance to those that are desirous to change our present and better Constitution That in all this Change the Bishops suffered no diminuion But when the ancient reason of Baronage failed they are after to be considered under the new reason of Baronage Chap. XVI The remembrance of the old reason of Baronage became a prejudice in the Judges upon which T. Furnival Plea allowed that he held not per Baroniam An Entail of Baronies with lands after allowed The reason of Nobility changed and no man now Noble by his Acres Many men Summoned to Parliament and yet not Noble No prejudice to the immovable Right of Bishops to have Summons to Parliament and that objection answered Kings may erect new successive Nobility in Clergy-men That Bishops are of a distinct sort of Nobility and under that and other reasons they are considered as a distinct State Chap. XVII Of the three States which make the Government under the King that he is none of them The Objections against this answered And the reasons of their being distinct and the several Offices and Expectances in the Government that make them so That the several Orders of Peers make but one Baronage and in that there is a great trust and honour greater belongs to Bishops than Lay Barons in our present constitution Their Character and qualifications commend them to the highest trust and render them fittest Judges Chap. XVIII The Reason of Tryals per Pares and that the Bishops are competent upon that reason in Parliament though not so fit to be of the High Stewards Court The Law of M. Charta not Lex scripta Bishops ought to be tryed by their Peers How that Right came to be discontinued and that in Parliament they ought still to be Tryed by their Peers Chap. XIX The unreasonableness of maintaining an Opinion upon a single Objection against a matter evidently proved that Questions of this nature should be considered with candor and not opposed with meer possibilities Chap. XX. Several alterations in the Government since the Conquest that the Alteration in what concerns the Baronage the Bishops Right is to be considered in analogy to the Change That changes of Government for the better cannot again be altered but our zeal is required to defend the Government made better and they deserve ill that go about to reduce us to our old mischiefs by their Antiquity Chap. XXI The advantage of the Change in the constitution of our Parliament in the change of granting Subsidies And how the Lords are bound by a Bill of Aids Chap. XXII The beneficial Change that hath been made by the clause praemunientes in the Bishops Writs of Summons to Parliament which gives Authority for the Convocation By this we are discharged of Provincial Councils and Canons of the Church kept distinct from Laws of the State The Church kept in peace from rending Questions and Religion is conducted not by Laws but by Canons not force but perswasion which commends our Episcopal Government Chap. XXIII The danger we avoided of having our Baronage of England ambulatory and fixing of it in Families and an indefectible Succession in which the Right of the Peer-age of Bishops is established Chap. XXIV The advantages the Adversaries seek to their cause by aspersing the Bishops Remembrance of all the faults in all times committed by any of the Order that many of those faults are principally due to the Papal Vsurpation and the neglect of Kings to defend the Rights of their own Bishops and are all the Vitia Temporum the times of Popery Chap. XXV How inculpably our Bishops have been in administration of their Ecclesiastical Authority how faithful in their Temporal Trust and Asserters of the Rights of the people They have not been irreverent to Kings nor have they encroached any power in Civil matters in ordine ad spiritualia That the power that they challenge is meerly spiritual and they challenge nothing of Divine Right but the exercise of their Ministry which they cannot lay aside Mr. Selden's Arguments for Erastianism answered The Church of England doth not tye her self always to think and enjoyn as she doth at present The moderation of the Church in opinions her apprehensions of Schism just and great They are not answerable for the ejectment of the Nonconformists nor for the scandalous Lives of their Clerks nor their Chancellors nor abuse of Excommunications Why matters of Incontinency are committed to their censures They have exercised the power of the Keys against the Infractors of M. Charta and how it hath been guarded with the denunciations of the Church we have reason to expect as much from our Bishops to support the Government of Laws Chap. XXVI We have as much reason that the Protestant Bishops should be as constant to the Reformed Religion as Popish Bishops obstinate for Popery An Apology for their Vnanimity in Voting Their dependance not so great upon the Crown as to oblige them to disserve their Prince The King bestows nothing upon them but what is the Churches the great expectation the Government hath of their fidelity and performances That which advanced them must
him the Imperial Crown of England For Robert Steward first King of Scotland of that Family lived in concubinate with Elizabeth Mure and by her had three Sons John Robert and Alexander afterwards he Married Eufame Daughter to the Earl of Ross and after was Crowned King of Scotland He had by her Walter Earl of Athol and David Earl of Straherne When Eufame his Wife dyed he Married Elizabeth Mure. After that by one Act of Parliament he made them first Noble that is to say John Earl of Carrick Robert Earl of Menteith and Alexander Earl of Buchquhane And shortly after by another Parliament he limited the Crown in Tail Successively to John Robert and Alexander his Children by Elizabeth Mure in Concubinate and after to the Children of Elizabeth Ross his Legitimate Children who are to this day in their issue by this limitation by authority of an Act of Parliament in Scotland barr'd from the Crown and we hope ever will be by the continuance of the Line of our most Gracious King For note that though a subsequent Marriage by the civil Law which is the Law of Scotland in such cases doth Legitimate the Children born before Marriage of a Concubine yet it is with this exception that they shall not be Legitimated to the prejudice of Children born afterwards in Marriage and before the Marriage of the Concubine Besides the reason of the Civil Law in Legitimating the Children upon a subsequent Marriage is this viz. a presumption that they were begotten affectu maritali which presumption fails where the man proceeds to Marry another woman and abandons or neglects his Concubine But I desire these Gentlemen that are so unwilling to be safe in their Religion which I believe is most dear unto them That if any Law should exceed the declared measures of the Legislative authority though in such Case they may have leave to doubt of the lawfulness of such a Law yet if it be not against any express Law of God they will upon a little consideration determin it lawful if it be necessary to the Common-weal for that nothing can be the concerns of men united in any Polity but may be govern'd and ordered by the Laws of their Legislature for publick good for by the reason of all political societies For further satisfaction of the lawfulness of the bill of exclusion See a Book called The great and weighty Consideration considered there is a submission made of all Rights especially of the Common Rights of that community to the Government of its own Laws But all this and a hundred times as much will not satisfy some Gentlemen of the lawfulness of our Government the extent of the Legislative power of Parliaments since they have entertained a Notion that Monarchy is jure divino unalterable in its descent by any Law of man for that it is subject to none That all Kings are alike absolute that their Will is a Law to all their Subjects That Parliaments the states of the Realm in their Conventions can be no more than the Monarcks Ministers acting under and by his appointment which he may exauctorate and turn out of Office when he pleaseth For there can be say they under the Sun no obliging Authority but that of Kings to whom God hath given a plenitude of power and what is derived from them That this Divine Absoluteness may Govern and exercise Royal power immensely and that it is subject to nor to be abated or restrained by any humane inventions or contrivances of men however necessary and convenient Kings have thought them in former Ages by such methods and such offices and Officers of which number the States of the Realm may be or not be as Kings shall please as they shall by their absolute Will order or appoint Our Parliaments say they are Rebellious and an Usurpation upon the unbounded Power of Kings which belongs to every King as such jure ordinario and by Divine institution That a mixt Monarchy as ours is is an Anarchy and that we are at present without a Government at least such as we ought to have and which God hath appointed and ordained for us That we by adhering to the present Government are Rebels to God Almighty and the Kings unlimited Power and Authority under him which no humane constitution no not the Will and Pleasure of Kings themselves can limit or restrain For that jura ordinaria divina non recipiunt modum That the Legislative Power is solely in the King and that the business of a Parliament if they would think of being only what they ought to be is only to declare on the behalf of themselves and the people that send them for that purpose certainly the obedience that is due from them to such Laws as the K. shall make and that they may be laid aside wholly when he pleaseth And after all this what matter 's it with them what we say our Government is hath been or where the Legislative Authority of the Nation is placed or how used But I desire these Gentlemen to consider how they come to these Notions upon what reason they are grounded How a Government established by God and Nature for all Mankind should remain a secret to all the wise good just and peaceable men of all Ages That Kings should not before this have understood their Authority when no pretences are omitted for encrease of power and enlargement of Empire I desire them to consider that this secret was not discovered to the World before the last Age and was a forerunner of our late unnatural War and is now again revived by the republishing of Sir Robert Filmers Books since the Discovery of the Popish Plot. I wish they would consider that the reasons ought to be as clear and evident as Demonstration that will warrant them to discost from the sense of all Mankind in a matter of such weight and moment That to mistake with confidence and overweening in this matter will be an unpardonable affront to the Common sense of Mankind and the greatest Violation of the Laws of modesty I desire that they would consider and rate the mischiefs that will certainly ensue upon this opinion and whether a probable reason can therefore support it That they would throughly weigh ponder and examine the Reasons of these bold and new Dogmata For their enquiries ought to be in proportion diligent and strict as the matter is of moment and if they are not their error and mistake will be very culpable and the sin of the error aggravated to the measure of the mischief which it produceth and occasioneth Where is the Charter of Kings from God Almighty to be read or found for nothing but the declared Will of God can warrant us to destroy our Government or to give up the Rights and Liberties of our people If they are lawful I am sure it is villany to betray them since all political Societies are framed that all may assist the Common Rights of