take the rest in Order onely premising this that t is true indeed we find fewer of this See upon the Civil Stage than any other most Offices being lookt upon as below the Archiepiscopal Dignity and therefore a Nobleman upbraided Hurbert Arch Bishop 1199. when he was made Chancellour of England Chief Justice of England and high Governour of all the Dominions under King Richard the first however we shall begin with his Person and See Canterbury Hubert under Richard 1. and King John who intrusted the same Prelate with the Government of the whole Realm at his departure into Normandy Gualter Reynolds Chancellour Ann. Dom. 1310. John Stratford Chancellour under Edw. 3. And when the King Invaded France no Person thought so fit in his absence to have the Government of the Nation entrusted to him Simon Islip of the Privy Counsel to the Edw. 3. John Stafford to Hen. 5. John Morton to Hen. 6. and Edw. 4. But we need not stand upon this when in truth it hath been seldom known that any of them have been at any time omitted Nor was this proper only to the times of Propery Come to the Reformation we find Arch Bishop Cranmer of the Privy Counsel to Hen. 8. and Edw. 6. and very active in Civil matters yet a man so averse to Rome so instrumental in planting the Gospel so Laborious so Holy that a great Apocalyptical man Mr. Brightman in his Commentaries oa the Apocalypse a man no friend to the Hierarchy takes him to be that Angel pointed at by God Rev. 14. that had power over the fire Under the renown'd Queen Elizabeth John Whitgift of the Council and had the Government of the Principality of Wates given to him YORK Waler Gray Chancellour under King John had the Government of the Realm entrusted to him under Hen. 3. William de Melton Successively Treasurer and Chancellour of England 1317. William de Zouche Vicegerent to King Edw. Ann. Dom. 1346. John Kemp Ann. 1425. twice Lord Chancellour And Thomas Young Lord Precident of the North An. Dom. 1561. LONDON There was not long since to be seen in St. Pauls the Monument of William Bishop of London who obtained from the Conqueror the City Charter to which the Lord Major and his Brethren the Aldermen used in a gratefull Commemoration every year to walk on foot He was Privy Counsellor to King William the Conqueror Mauritius Chancellour under the same King Eustachius de Falconbridge one of King Rich. 1. his Justices Chancellour of the Exchequer Treasurer of England and twice Embassadour into France Henry de Wingham Chancellour under Edw. 3. Ralph Boldoc under Edw. 1. Richard Bintworth under Edw. 3. Robert Braybrook under Rich. 2. Richard Cox Dean of Westminster whom I crave leave to name here as belonging to the Diocess of the privy Counsel to Edw. 6. And Bishop Bancroft sent Embassadour to Embden to treat with the King of Denmarks Commissioners Ann. Dom. 1600. DURHAM Geoffrey Rufus Chancellour of England Ann. Dom. 1140. Richardus de Marisco Ann. Dom. 1217. Anthony Beake of the Privy Councel Ann. Dom. 1294. Richard de Bury Cancellarius Ann. Dom. 1334. and Treasurer Ann. Dom. 1336. Thomas Langley Chancellor Ann. Dom. 1406. Thomas Ruthal of the Counsel to Henry 8. and as his Monument at Westminster testifies Secretary to Hen. 7. Richard Neyle of the Privy Council A. D. 1627. And here we cannot omit that known passage of Newbrigensis who brings in K. Richard making himself merry with the Bishop boasting what a feat he had done E Vetusto Episcopo novitium Comitem ego mirus artifex feci To make a New Count of an Old Bishop a Priviledge yet continued to that Ancient See WINCHESTER Swithan Chancellour of England under K. Egbert Ann. Dom. 860. William Giffard Chancellour under the Conqueror William Rufus and K. Henry 1. Peter de la Roch. Lord Chief Justice under K. John Sendall Chancellour 1316. William Edenden Treasucr under Edw. 3. William of Wickam Founder of New Colledge in Oxon Principal Secretary of State Keeper of the Privy Seal Master of the Wards and Treasurer of the Kings Revenues in France Ann. Dom. 1360. William Wainfleet Founder of Magdalen Colledge Oxon for his great Wisdom and Integrity long Lord Chancellor of England under Hen. 6. Richard Fox Founder of C. C. C. Oxon one of the Privy Counsel to Hen. 7. as Prudent a Prince as this Nation hath known and this Bishop as wise a Privy Counsellor as he a Prince continually employed either in matters of Counsel at home or Embassies and Treaties abroad ELY William Longchamp Chancellor Ann. Dom. 1189. after Chief Justice and Protector of the Realm when K. Richard the first undertook his Journey to the Holy Land Eustacius Chancellor Ann. Dom. 1196. John Hotbam Chancellor Ann. Dom. 1317. Simon Laughan And. Dom. 1361. first Treasurer then Chancellor of England John Barnet Treasurer A. D. 1366. John Fordham Treasurer Ann. Dom. 1385. William Gray Treasurer Ann. Dom. 1469. John Alcock Chancellor Ann. Dom. 1486 And Thomas Goodrick Chancellor under Edw. 6. LINCOLN Robert Bleuet Chancellor under the Conqueror Ann. 1092. Alexander under K. Henry the I. Lord Chief Justice of England Galfridus Chancellour A. D. 1180. Hugh de Wells Chancellour Ann. Dom. 1209. Walter de Constantiis Chancellour under Hen. 6. and Dr. Williams Dean of Westminster and after Bishop of this See made Lord Keeper by the Learned K. James COVENTRY and LICHFIELD Roger de Wiseman Keeper of the Great Seal Ann. Dom. 1245. William de Langton Treasurer Ann. Dom. 1226. Roger Northbrough Clerk of the Wardrope afterwards Treasurer Ann. Dom. 1322. Geoffrey Blyth Lord President of Wales Ann. Dom. 1513. Rowland Lee his Successor in the same Office Ann. D. 1535. Richard Sampson in the same Ann. Dom. 1537. William Smith Founder of Brazen-Nose Colledge Oxon in the same under Hen. 8. SARUM Osmond Chancellor of England always of the Privy Council and seldom separated from the Court under the Conqueror Roger Chancellor 1107. and under K. Stephen Ann. Dom. 1136. John Waltham Master of the Rools Keeper of the Privy Seal and after Treasurer of England under Richard the II. Nicolas Bubwith Treasurer Ann. Dom. 1407. William Ayscoth Clerk of the Counsel Ann. Dom. 1438. BATH and WELLS Robert Burnet first Lord Treasurer then Chancellour of England and always of the Council under Edw. I. John Drokensford Keeper of the Wardrope Ann. 1309. Robert Stillington first Keeper of the Privy Seal then Chancellour Ann. Dom. 1465. Oliver King Principal Secretary of State 1492. John Clark Master of the Rolls A. D. 1523. EXETER Leofricus first one of the Privy Counsel then Chancellour of England under the Conqueror though Sir Henry Spelman reckons him of Bath at that time and possibly he might be of both William Brewster of the Privy Counsel under Henry the 3. Walter Stapledon Founder of Exon Colledge Oxon first of the Privy Counsel then Treasurer under Edw. 2. John Grandesson Privy Counsellor to Edw. 3. John Voysey Lord
yet for the publick benefit their constant Preaching was now and then dispenced with to attend on Tables Thirdly They argue from the Canons of the Primitive Church prohibiting Clergy men to judge and intermeddle in Civil Matters or any Causes Secular the Prohibitions of this sort are many and various they may be seen in Balsamon Zonarus Binias c. It would be an infinite task to give particular answers to each Canon and therefore I shall lay down some general Rules which may the better conduce to the understanding of them all which if well applyed will make an abundant solution to that so complicated an Objection And here I cannot but admire the Modesty of the Primitive Church and the Charity of the People the earnestness of Princes in Commissioning of Spiritual Persons to compose all emergent differences and the forwardness of the oppressed in flying to the Tribunals for Justice whereupon the Holy Fathers in process of time to take off their Clergy from those Affairs made sundry and severe Canons in divers Counsels and therefore 1. 'T is clear the great design was to forbid ambitious seeking after and voluntary engageing in Secular matters for Sordid ends and out of Covetous Principles and this may probably be collected because we find a dispensation given when imposed by the supreme Magistrate In the Counsel of Sardis t is granted upon the motion of Osius Si religiosi imparatoris literis vel invitati vel vocati fuerint and undertaken in obedience as causes of Piety and Charity overseeing Widdows and Orphans provided it extended not to the notorious neglect of their Religious Callings And thus Justin Martyr calls the Bishop the great Steward of all the poor Apol. 2. the Contributions of the Faithfull being laid down at his feet and by him distributed And Ignatius Ep. ad Polycarp calls the Bishop the great Trustee of the Widdows 2 'T is not a total prohibition but only a prudent restraint least animosities and jealousies should arise in the Laity by too much encroaching upon their Courts and therefore the wisdom of sundry Counsels confin'd the Clergy to such matters as were properly of Ecclesiastical Cognizance But 3. The ground and reason of these interdictions was not the unfitness and incapacity of spiritual Persons but out of respect to their eminent Callings least they should be disparaged by mean and vile employments and express mention is made of sordid Offices about Princes and Noble men as of Stewards Bailiffs c. But when by the favour of Princes their employments were honourable and their temporary diversions did bring abundant recompence to the Church we find those that had the principal hadn in enacting these Canons themselves engageing Now can it be supposed if this had been the meaning they would have been guilty of so great a contradiction and no future Counsel reprove it St. Cyprian much confirms me in this Opinion l. de Lapsis is perswaded that God sent the great Persecution under Decius onely to awaken the Christians who were growing exceeding corrupt especially the Clergy for he there complains that the Bishops themselves abandoned their holy Functions and dealt in matters of the World haunting Marts and Fairs for filthy lucre sake And much to same purpose we find in Writers of our own Country as Gildas Bede c. But to make peace between quarrelling Nations to compound differences amongst Christians and such like tending to the honour of God and the Glory of the Gospel which may be often practised without detriment to their Spiritual charges I never find these expresly forbidden or such as engaged in them as Cyprian Austin Chrysostom Gregory Bernard c. Condemned for St. Paul became all things to all men to gain a Soul Will not the example bear his Successors out if they go to the utmost verge of their Christian Liberty still keeping on this side sin to preserve Kingdoms the Churches Peace and to prevent the effusion of Christian Blood their absence some days from their private charges will be abundantly recompenced by such happy consequences CHAP. IV. The Ancient Estate of the Clergy and Priests in this and other Kingdoms WE have before intimated that the Prudent Piety of the first Christian Emperours for the better Encouragement of Religion and Learning did confer many and great Priviledges and exemptions upon their Clergy in those Primitive times Come we now to manifest that the Franchise of our Brittish Church were neither short for number or extent and that they a reall confirmed by Magna Charta without restraint the words are we have granted to God and by this our present Charter confirmed and for our Heirs for ever that the Church of England shall be free and have all her whole Rights and Liberties invitolable all the Nation being content to stand accursed if this grant were at any time infringed You may see in Ancient Authors the manner of its Publication viz. The King Prelates and Peers c. came with burning Tapers in their hands throwing them down on the ground and saying so let his light be extinguished in the other World which shall go about to break this Charter and Agreement yea more if any thing should be done against it and contrary to it it was ipso facto declared void 26. Edw. 1. c. 2. And must Magna Charta be violated only when the Clergys Priviledges are invaded Why shall it not stand firm and good for them and on their behalfs as for the Laity Did not the Clergy labour as much as any for the Procurement of it Nay were they not they who procured it from the several and respective Kings Let us desire the Enemies of the Clergy to see their own Cronicles and they shall receive satisfaction Now what the Liberties of the Church were to set them down would ask a Volume the Lord Chief Justice Cooke says expresly they had more and greater than other of the Kings Subjects some few he recites as that they were discharged from Purveyances Tolls Customs Distresses by the Sheriff in the old inheritance of the Church with others of the like nature It might fetch tears from some to look back upon the Piety and Charity of our Saxon Ancestors who in their greatest impositions ever held their Ecclesiasticks excused no part of that insupportable Tax of Danegelt under which the Kingdom so much groaned being ever paid by them Vid. Spelm. Gloss in Danegelt and it may be made appear that till after the Conquest the tenure of their Lands being at that time Frank Almoigne they were ever priviledged For King Ethelwolf in a full Convention of his States at Winchester Ann. Dom. 858. Enacted that Tithes and Church Lands throughout all his Dominions should be free from Civil Burdens and Exactions as much as Royal Tributes great and small Vid. Spelm. Concil ad Annum dictum But dureing our late intestine Wars How unequal were Quarterings and Contributions What heavy Burthens did the poor Clergy bear no
than before and all the Writers of that Age must be corrected for representing him as a perfect Enemy of the Church To clear up this we will only give you one Instance cited from an Old Record Entituled Liber Sancti Albani Where we read this Passage of Frederick the then Abbot of St. Albans that to obstruct the March of the Conquerour he caused all the Trees round to be cut and laid them cross the ways wherewith the Conquerour being stopt in his march sent in some passion for the Abbot who under his security coming to him the Conquerour demands the Reason for the cutting down the Woods the Abbot resolutely answers him that I have done but what became me and if all the Spiritual Persons through the Kingdom had used their Endeavours against thee as they might and were in duty bound to have done Thou wouldst never have been able to have entered the Land thus far The Duke then replying Is the Spiritualty of England of such Power if I live and enjoy that which I have gotten I will make their Power less Add to this that stategem of the Kentishmen in surrounding the King and forcing him to a Composition which they did under the Conduct of Stigand their Arch-Bishop which thing ever after netled him and that he was never heartily reconciled to the Church and proved afterwards as good as his word to the Abbot oppressing the Clergy all his Reign bringing them under Knights-Service and Ordering how many Souldiers each Bishop should maintain for him and his Successors the Church as beforesaid being ever free from that bondage Let no Man then say that the Conqueror who was ever look'd upon by the Bishops as their Enemy did them any Acts of Grace or Havour by erecting each Bishoprick into a Barony which thing was ever by the Bishops look'd upon as a grievance and a more glorious piece of slavery This was in deed a shrew'd shaking to the Bishops yet still they preserv'd their Votes in all Assembliâ—s and Parliamentary Summons are ever directed Archiep. Ep. c all antient Charters and Grants subscribed after the usual Form in those times Testibus Archiep. Ep. In a Treatise Entituled The Form and Mannor of keeping Parliaments whereof it seems there are two very antient Copies the M. S. in Arch Bods the other in Sr. Rober Cottons Library the first of which was perused by Mr. Selden and he allows it to be as long standing as Edw. 3d. but the Lord Chief Justice Cooke adds near 200 years more and raises it to the Conqueror's time which the Title indeed pleads for we are here told that 40 days before Summons are to be issued out to the Archbishops Bishops and other great Clarks that held by County or Barony and that the Clergy in each Shire are to have Two Proctors representing them which in some things had more Power than the Bishops for we are there informed that the K. may hold a Parliament for the Commonalty of the Realm without Bishops Earls or Barons so they had summons though they come not but on the cottrary if the Commonalty of the Clergy and Temporalty being warned either doth not or will not come in this Case whatever the King doth with his Bishops Earls and Barons is of none effect for that to all Acts of Necessity the Commonalty of Parliament must consent i. e. the Proctors of the Clergy Knights of the Shire Citizens and Burgessâ—s for their Persons represent the Commonalty of England but the Bishops Earls and Barons represent only their own Persons There is they say another M. S. in Bibl. Cotton confirming the same and citing other large Priviledges of the Clergy I know indeed Mr. Prinne hath questioned the Authority of both these books in Bar of which I return the Authority of Cooke and Selden and particularly the first who saith in his Institutes that 26 Spiritual persons ought ex debito Justitiae to have a Writ of Summons sent them every Parliament These things premised we will now desire of the Clergies greatest adversary that he would produce instances of any solemn meetings Wittena gemots or Parliaments whereunto the Clergy were not summoned any Statutes publickly enacted during all the Christian British Saxon Danish or Norman times without their assistance and advice As for the precedent of their Exclusion under Edw. 1. at the Parliament held at St. Edmondsbury which some triumph in if there be any truth in the Narrative as hath been and is still questioned we know and can prove 't was done in a pett and transport of Royal displeasure for their too obstinate adhering to the Bishop of Rome in the Scottish quarrel and for their noncompliance with their Kings demands Who yet the very next Parliament about a year after makes an Apology for this charging all upon the Exigencies of his affairs And why should this single instance so circumstantiated be urged more against the Clergy than that other is against the Lawyers who were shut out of a Parliament under Henr. IV. where we yet find the Bishops and amongst others Thomas Arundel stoutly resisting and preserving the Clergies Temporalities which these Church-robbers gaped after who so they might spare their own Purses were content to spoil their God to relieve their King Certainly if envy it self could have found the least colour of Law to deny them this privilege it had never been reserved for this last and our most unhappy age Many times have they been struck at many great blows have they received as at Clarendon under Henr. II. where their wings were indeed much clipt yet their privilege of sitting and voting in Parliament is left entire to to them for that the words are Episcopi intersint Curiae Domini Regis cum Baronibus quousque perveniatur ad diminutionem membrorum vel mortem and though they never voted of late in Capital Causes yet that they however made their Proxies I hope shall be made appear by what follows together with their forbearing to vote in Capital Causes and the reason of it shall be farther discoursed of CHAP. VII The Estate of the Bishops and Clergy from the Conquest as to their Voting in Capital Causes in Parliament till the times of King Henr. VIII VVE have before intimated the common usages and rights of the Bishops to sit and vote in Parliaments in all antient times and that as Peers and Barons of the Realm we now aver they have a Power to sit and vote in all as well Criminal as otherwise either by themselves or Proxies lawfully constituted which is a privilege of the Peerage and therefore belongs to the Bishops as such 't is very well known what Mr. Selden hath wrote in his Book of The Privileges of the Peerage of England that the Bishops was debarred of their privileges by an Act of Parliament 17 Car. I. Ann. 1641. and that he was a great notorious stickler in it but 't is as notorious that not long after we find the Commons
by their Proxies the next authority I shall make use of is a Parliament Roll it self of that year as I find it in Sir Robert Cotton's Collections intituled as followeth Placita Coronae coram Domino Rege in Parliamento suo apud Wegmonast diae Lunae proximae post Festum Exaltationis Sanctae Crucis Anno regni Regis Ric. 2. Post Conquestum 21. The Roll it self you may see in the Tower among the Records there kept It is of an Impeachment of the Earl of Arundel and Warr. c. for Treason c. the Articles were exhibited against him by several Lords as Edward Earl of Rutland Thomas Earl of Kent John Earl of Huntington c. which the said Lords were ready to prove the Crimes objected and demanded the Prisoner to be brought to the Bar which the Lord Nevil then Constable of the Tower did and the aforesaid Lords in their own Persons appeared also His Articles being read the Earl of Lancaster Lord Steward of England by the King's commandment and assent of the Lords declares the whole matter And thereupon the said Earl's answer to the Articles was demanded who pleaded two Pardons and prayeth they may be allowed but they were not whereupon Sir Walter Clopton Lord Chief Justice demands of him what he had farther to say for that if nothing more to say the Law would adjudge him guilty And the said Earl not pleading any thing else the Lords Appellants in their proper persons require that Judgment may be given against the said Earl as Convict of the Treason aforesaid Whereupon the Lord Steward of England by the assent of the King Bishops and Lords adjudged the said Earl Guilty and Convict of all the Articles aforesaid and thereby a Traitor to the King and Realm and that he should be therefore Hanged Drawn and Quartered and forfeit all his Lands in fee c. though the Punishment in regard he was of Noble Blood was changed and he was ordered to be Beheaded which was done by the Lieutenant of the Tower and this is a short account of that Trial for Blood in Parliament Where 't is plain and evident that the Bishops were there present for 't is said that the said Earl was adjudged Guilty and Convict by the assent of the King Bishops and Lords Q. E. D. Next we will produce another Instance and Precedent of the Condemnation of Thomas Arundel Archbishop of Canterbury who was accused by the Commons in full Parliament die loco praedictis where we find the Commons by their Speaker Sir John Bussy Petitioning the K. in manner following For that divers Judgments were heretofore undone for that the Clergy were not present the Commons prayed the King that the Clergy would appoint some to be their common Proctor with sufficient authority thereunto Whereupon the Clergy appoint Thomas de la Percy by their Instrument their Proctor who together with the King and the said Lords adjudged him the said Archbishop guilty of Treason and himself a Traitor The Crimes objected to him was his traiterous obtaining a Commission from the King whereby the Kings Royal Power was encroached his Subjects put to death without Royal Assent c. for all which he was found guilty as aforesaid What I observe in brief is this from this Trial. 1. That there had been divers Errors in Judgment which Judgments were in Law void for that the Bishops were not present 2. That hereupon the Commons Petitioned the King that the Bishops would appoint their Proxy and which accordingly they did Thomas de la Percy 3. He was Condemned by the said Court wherein sate Percy accordingly 4. That the said Bishops did not Vote there personally for that the Arch-bishop their Primate was Arraigned and it might not be seemly for them so to do And here we have the Case adjudged Judgments in Parliament Revers'd for that the Bishops were not Present by themselves or Proxys the Commons Petitioning the King that they would make Proxys a Judgment obtained for that the Bishops had made their Proxys Q. E. D. And if any be not satisfied they may see the Roll of Parliament as before among the Records in the Tower to which they are Referred Furthermore to make another discovery of the Inconstancy of the said Mr. Selden I find him in his Titles of Honour in the latter end of his Book Confessing that Thomas Becket Arch-bishop of Canterbury was Condemned by the Bishop of Winchester in Case of High Treason Vid. Titles of Honour And if any person would but a little reflect upon the Reason why the Bishops have not sometimes Voted in Cases of Blood but by their Proxies viz. Their respect they had to the Canons of the Primitive Church which might give them umbrage for their so doing And together with this what hath been said before of their being frequently appointed by the King and acting as Lord Chief Justices of England any person of an ordinary Capacity may guess at the Reason of their forbearing to Judge in Matters of Blood for the Reason aforesaid and their ready and chearfull compliance with their Princes Command when by the Law of this Land they were enabled so to do and which is a sufficient Supersedeas to the former Canon of the Church Another Precedent we have of the Bishops Personally sitting in Parliament held at Westminster on Monday next after the Feast of All Saints in the 3d of Hen. 5. wherein Henry Bishop of Winton was Chancellour wherein was Tryed Richard Earl of Cambridge and others for Treason for having Levyed men against the King and procured Edmund Earl of March as Heir to Rich. 2. to take upon him to be King of England and had Proclaimed him such in Wales and set one Thomas Trompington an Ideot and Scotchman to Personate Rich. 2. where the said Earl and others his adherents in that Action were Tryed and found Guilty the Lords Spiritual in Parliament being Present c. See the Records in the Tower Parl. 3. H. 5. p. 2. M. 4. Many other Precedents of a later Date and Time might be here Ex superabundanti added but I shall referr them for the matter of another Chapter they being all of them taken out of the Journals of the Lords House beginning in 32 Hen. 8. and ending 29. Eliz. 2. I might have enlarged in these which I have taken out of the Tower but I have purposely forborn to do it for that I find Mr. Selden himself in the days of 1642. granting me the Matter of Fact as clear and evident from the Ancient Records in the Tower of the Spiritual Lords Priviledges in this Matter And will now proceed to another Argument that the Bishops have Right to sit in all Cases as well Capital as Civil For that 4. they are undoubted Peers of the Realm which also I find Mr. Selden himself granting in his Priviledges of the Barronage of England p. 192. For there he saith Though some have doubted we know whom he means
sit at the Helm and are much better able to determine than my self But the consequences of that opinion seem directly to aim at the Leveling of Sovereignty and making it accountable to the other two in their esteem Coordinate Estates Now by restoring the Spiritualty the only true third Estate to its due Rights and antient Priviledges for that it is the true third Estate the Lord Chief Justice Cook saith in the Fourth of his Institutes and the Act of Parliament of the 8 of Eliz. c. 1. speaks to the same thing this may be the most ready and most natural expedient to remove that destructive and dangerous opinion out of the minds of an unlearned and fickle multitude So may the Crown be safe and the Mitre no longer trampled on Et quae Deus olim conjunxit nemo hoc sequiori saeculo seperet Faxit hoc Deus qui solus potis est CHAP. VIII Precedents of the Bishops Sitting and Voting in Capital Causes from the Reign of of King Hen. 8. till the 29th of Eliz. I shall begin with the Attainder of Cromwel Earl of Essex who was attainted in Parliament for Treason c. the Articles are every extant and may be seen the first reading of his Bill as I find it in the Journal of the Lords House was upon the 17th of June 32. Hen. 8th at which reading were present Fourteen Bishops who they were you may see in the Journal at the second reading which was the 19th of June of the said year 32. Hen. 8. were present sixteen Bishops whose Names and Sees there you may find at the third and last reading were sixteen likewise Vid. Journal ut supra the Bill it self past the Royal Assent the 24th of July following when were 14 Bishops present The next shall be the Attainder of Tho. Duke of Norf. and Henry Earl of Surry 38. H. 8. This also was an Attainder in Parliament The first reading of the Bill against these Noble Lords was on the 18th of January Anno Regis supra dicto when were present ten Bishops the second reading was the day following when were present nine Bishops The third and last reading was on the 20th of the same Moneth when were present thirteen Bishops the Bill past the Royal Assent January 27th 38. Hen. 8. the Bishops likewise then present The third instance of Hen. D. of Suffolk which indeed was an Attainder at Common Law but afterward confirm'd in Parliament A. 1 2. Phil. et Mar. at the first reading were present 12 Bishops the Bill was read 5 Jan. Anno supradicto at the 2d reading which was two days after on the 7th of January were present eleaven Bishops and on the next day the Bill had its last reading in the Lords House at which were present eleaven Bishops the Lords Spiritual were likewise present at the passing of the Bill which was on the 21 of Jan. following in each of these the Journal if consulted will satisfie any The 4th Precedent shall be in Seymore the Lord Admiral who was attainted for Treason in the 2d of Edw. 6. for that he purposed to destroy the young King and to translate the Crown unto himself for which and other Crimes objected he suffered Death on the Tower-Hill at his Attainder were Present nineteeen Bishops I might have before added the Case of the Lord Hungerfords-Attainder in Parliament who was condemned in Parliament in the 32. of Hen. the 8th at whose Tryal and Condemnation were Present no fewer than seaventeen Bishops Vid. Journal of the Lords House I will only add two more Precedents and close with them they are in the Reign of the Peaceable Queen Elizabeth in whose times if ever the Actings in Parliament were regular and orderly the first is the Case of the Earls of Northumberland and Westmoreland for their Rebellion in the North and endeavour to bring in Popery at whose Condemnation were present thirteen Bishops Vid. Journal and lastly that of Pagets in the 29th of the said Queen at which were ten Bishops Vid. Journal as before I shall only add one thing more and that is the Protestation of the Bishops 11. R. 2 where they give the reason why they refused to be put in some Parliaments their words Quia in hoe Parliamento agitur de nonnullis materiis in quibus non licet nobis juxta sacrorum Canonum instituta quomodolibet personaliter interesse but they there add a Salvo to their right in the beginning of their Protestation Quod ad Archiepiscopum Cantuar. qui pro tempore fuerit nâ—c non caeteros suos suffraganeos Confratres Co-episcopos Abbates et Priores aliosque Praelatos quoscunque Baroniam de Domino Rege tâ—nentes in Parliamento Regis ut Pares praed personaliter interesse pertinet ibidemque de regni negotiis aliis ibi tractari consuetis cum caeteris dicti regni Paribus aliis consulere ordinare statuere desinire ac caetera facere quae Parliamenti tempore ibid. intendet facien ' c. t is true indeed that as they never intended but that the Appeals Pursuites Accusations Judgements had and rendred c. upon their voluntary absenting themselves they should be good and valid in the Law as their Protestation expresly granteth yet by the same their Protestation they reserve their right of being present c. doing every thing else which any other Peer though Temporal might do And that they did Vote in the 21st of this Kings Reign by their Proctor in the Condemnation of the Arch-Bishop of Canterbury Yea and upon the Commons Petition too for that many judgments had been reversed for that they were not present as is before proved and Personally also in the Condemnation of the Earl of Arandel and Wardour c. the Duke of Lancaster being then Lord High Steward Vid. Plaoit Coron c. 21 Ric. 2. in the Records in the Tower The Roll marked with the Letters F. I. It is well known that out of respect to the constitution made in the Council held at Westminster that no Clergy-man should agitare Judicium Sanguinis This Council is mentioned in R. Hovenden in H. 2. p. 30. the Clergy have some time forborn to intermeddle in such matters and on the other side 't is as notorious that many of that Order have been Lord Chief Justices of England and that none have discharged that Office better more to the Content of the King and Subject and the Benefit of the whole Commonwealth FINIS Ad. Sec. 1. * Euseb Ecc. Hist 10. c. 7. Zom l. 1. c. 9. Exerc. 13. c. 5.