Saxons by such as he employed in that Holy work The instances whereof dispersed in several places of our English Histories and other Monuments and Records which concern this Church are handsomely summed up together by Sir Edward Cook in the fifth part of his Reports if I well remember but I am sure in Cawdries Case entituled De Jure Regis Ecclesiastico And though Parsons the Jesuite in his Answer unto that Report hath took much pains to vindicate the Popes Supremacy in this Kingdom from the first planting of the Gospel among the Saxons yet all he hath effected by it proves no more than this That the Popes by permission of some weak Princes did exercise a kind of concurrent jurisdiction here with the Kings themselves but came not to the full and entire Supremacy till they had brought all other Kings and Princes of the Western Empire nay even the Emperors themselves under their command So that when the Supremacy was recognized by the Clergy in their Convocation to K. H. 8. it was only the restoring of him to his proper and original power invaded by the Popes of these latter Ages though possibly the Title of Supream Head seemed to have somewhat in it of an Innovation At which Title when the Papists generally and Calvin in his Comment on the Prophet Amos did seem to be much scandalized it was with much wisdom changed by Q. Elizabeth into that of Supream Governour which is still in use And when that also would not down with some queasie stomacks the Queen her self by her Injunctions published in the first year of her Reign and the Clergy in their book of Articles agreed upon in Convocation about five years after did declare and signifie That there was no Authority in sacred matters contained under that Title but that only Prerogative which had been given always to all godly Princes in holy Scriptures by God himself that is That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil doers as also to exclude thereby the Bishop of Rome from having any jurisdiction in the Realm of England Artic. 37. Lay this unto the rest before and tell me if you can what hath been acted by the Kings of England in the Reformation of Religion but what is warranted unto them by the practice and example of the most godly Kings of Jewry seconded by the most godly Emperours in the Christian Church and by the usage also of their own Predecessors in this Kingdom till Papal Usurpation carried all before it And being that all the Popes pretended to in this Realm was but Usurpation it was no Wrong to take that from him which he had no Right to and to restore it at the last to the proper Owner Neither prescription on the one side nor discontinuance on the other change the case at all that noted Maxim of our Lawyers that no prescription binds the King or Nullum tempus occurrit Regi as their own words are being as good against the Pope as against the Subject This leads me to the second part of this Dispute the dispossessing of the Pope of that Supream Power so long enjoyed and exercised in this Realm by his Predecessors To which we say that though the pretensions of the Pope were antient yet they were not primitive and therefore we may answer in our Saviours words Ab initio non fuit sic it was not so from the beginning For it is evident enough in the course of story that the Pope neither claimed nor exercised any such Supremacy within this Kingdom in the first Ages of this Church nor in many after till by gaining from the King the Investiture of Bishops under Henry the First the exemption of the Clergy from the Courts of Justice under Henry the Second and the submission of King John to the See of Rome they found themselves of strength sufficient to make good their Plea And though by the like artifices seconded by some Texts of Scripture which the ignorance of those times incouraged them to abuse as they pleased they had attained the like Supremacy in France Spain and Germany and all the Churches of the West Yet his Incroachments were opposed and his Authority disputed upon all occasions especially as the light of Letters did begin to shine Insomuch as it was not only determined essentially in the Council of Constance one of the Imperial Cities of High germany that the Council was above the Pope and his Authority much curbed by the Pragmatick Sanction which thence took beginning But Gerson the learned Chancellor of Paris wrote a full Discourse entituled De auferibilitate Papae touching the total abrogating of the Papal Office which certainly he had never done in case the Papal Office had been found essential and of intrinsecal concernment to the Church of Christ According to the Position of that learned man The greatest Princes in these times did look upon the Pope and the Papal power as an Excrescence at the best in the body mystical subject and fit to be pared off as occasion served though on self ends Reasons of State and to serve their several turns by him as their needs required they did and do permit him to continue in his former greatness For Lewis the 11th King of France in a Council of his own Bishops held at Lions cited Pope Julius the 2d to appear before him and Laustrech Governour of Millaine under Francis the 1st conceived the Popes Authority to be so unnecessary yea even in Italy it self that taking a displeasure against Leo the 10th he outed him of all his jurisdiction within that Dukedom anno 1528. and so disposed of all Ecclesiastical affairs ut praefecto sacris Bigorrano Episcopo omnia sine Romani Pontificis authoritate administrarentur as Thuanus hath it that the Church there was supreamly governed by the Bishop of Bigor a Bishop of the Church of France without the intermedling of the Pope at all The like we find to have been done about six years after by Charles the Fifth Emperor and King of Spain who being no less displeased with Pope Clement the 7th Abolished the Papal power and jurisdiction out of all the Churches of his Kingdoms in Spain Which though it held but for a while till the breach was closed yet left he an example by it as my Author noteth Ecclesiasticam disciplinam citra Romani nominis autoritatem posse conservari that there was no necessity of a Pope at all And when K. Henry the 8th following these examples had banished the Popes Authority out of his Dominions Religion still remaining here as before it did the Popes Supremacy not being at the time an Article of the Churistian Faith as it hath since been made by Pope Pius the 4th that Act of his was much commended by most knowing men in that without more alteration in the face of the Church
Battels and Assaults which we shall sum up briefly in their place and time And first for Coronations which as before I said are mixt kind of actions compound of sacred and of civil William surnamed Rufus was crowned at Canterbury by Archbishop Lanfrancke the 25 of Septemb. being Sunday Anno 1087. So was King Stephen the 21 of Decemb. being Sunday too Anno 1135. On Sunday before Christmas day was Henry the second crowned at London by Archbishop Theobald Anno 1155. and on the Sunday before Septuagesima his Daughter Joane was at Palermo crowned Queen of Sicily Of Richard the first it is recorded that hoysing Sail from Barbeflet in Normandy he arrived safely here upon the Sunday before our Lady day in Harvest whence setting towards London there met him his Archbishops Bishops Earls and Barons cum copiosa militum multitudine with a great multitude of Knightly rank by whose advise and Councel he was crowned on a Sunday in September following Anno 1189. and after crowned a second time on his return from Thraldom and the Holy Land Anno 1194. on a Sunday too The Royal and magnificent form of his first Coronation they who list to see may find it most exactly represented in Rog. de Hoveden And last of all King John was first inaugurated Duke of Normandy by Walter Archbishop of Roane the Sunday after Easter day Anno 1200. and on a Sunday after crowned King of England together with Isabel his Queen by Hubert at that time Archbishop of Canterbury For Synods next Anno 1070. A Council was assembled at Winchester by the appointment of King William the first and the consent of Alexander then Pope of Rome for the degrading of Stigand Archbishop of Canterbury and this upon the Sunday next after Easter And we find mention of a Synod called by Richard Archbishop of Canterbury Anno 1175. the Sunday before holy Thursday ad quod concilium venerunt fere omnes Episcopi Abbates Cantuariensis dioeceseos where were assembled almost all the Bishops and Abbots of the whole Province For Councils of Estate there was a solemn meeting called on Trinity Sunday Anno 1143. in which assembled Maud the Empress and all the Lords which held her party where the Ambassadours from Anjou gave up their account and thereupon it was concluded that the Earl of Gloucester should be sent thither to negotiate his Sisters business So in the year 1185 when some Embassadours from the East had offered to King Henry the second the Kingdom of Hierusalem the King designed the first Sunday in Lent for his day of answer Upon which day there met at London the King the Patriarch of Hierusalem the Bishops Abbots Earls and Barons of the Realm of England as also William King of Scotland and his Brother David with the Earls and Barons of the Countrey habito inde cum deliberatione concilio c. and then and there upon mature deliberation it was concluded that though the King accepted not the Title yet he would give his people leave to put themselves into the action and take up the Cross For civil Business of another nature we find it on Record that on the fourth Sunday in Lent next following the same King Henry Knighted his Son John and sent him forthwith into Ireland Knighthood at those times being far more full of ceremony than now it is Which being but a preparation to War and military matters leads us unto such Battels as in these times were fought on Sunday Of which we find it in our Annals that in the year 1142. upon a Sunday being Candlemas day King Stephen was taken prisoner at the battel of Lincoln as also that on Holy-Cross day next after being Sunday too Robert Earl of Gloucester Commander of the adverse force was taken Prisoner at the battel of Winchester So read we that on Sunday the 25th of August Anno 1173. the King of France besieged and forced the Castle of Dole in Brittain belonging to the King of England As also that on Sunday the 26th of Septemb. Anno 1198. King Richard took the Castle of Curceles from the King of France More of the kind might be remembred were not these sufficient to shew how anciently it hath been the use of the Kings of England to create Knights and hold their Councils of estate on the Lords day as now they do Were not the others here remembred sufficient to let us know that our Progenitours did not think so superstitiously of this day as not to come upon the same unto the Crowning of their Kings or the publick Synods of the Church or if need were and their occasions so required it to fight as well on the Lords day as on any other Therefore no Lords day Sabbath hitherto in the Realm of England Not hitherto indeed But in the Age that followed next there were some overtures thereof some strange preparatives to begin one For in the very entrance of the 13th Age Fulco a French Priest and a notable Hypocrite Rog. de Hoteden as our King Richard counted him and the story proves lighted upon a new Sabbatarian fancy which one of his Associates Eustathius Abbat of Flay in Normandy was sent to scatter here in England but finding opposition to his doctrine he went back again the next year after being 1202. he comes better fortified preaching from town to town and from place to place ne quis forum rerum venalium diebus Dominicis exerceret that no man should presume to market on the Lords day Where by the way we may observe that notwithstanding all the Canons and Edicts before remembred in the fifth Chapter of this book and the third Section of this Chapter the English kept their markets on the Lords day as they had done formerly as neither being bound to those which had been made by foreign states or such as being made at home had long before been cut in peeces by the sword of the Norman Conqueror Now for the easier bringing of the people to obey their dictates they had to shew a warrant sent from God himself as they gave it out The title this Mandatum sanctum Dominicae diei quod de coelo venit in Hierusalem c. An holy mandat touching the Lords day which came down from Heaven unto Hierusalem found on S. Simeons Altar in Golgotha where Christ was Crucified for the sins of all the world which lying there three days and as many nights strook with such terrour all that saw it that falling on the ground they besought Gods mercy At last the Patriarch and Akarias the Archbishop of I know not whence ventured to take into their bands that dreadful letter which was written thus Now wipe your eyes and look a while on the Contents which I shall render with as much brevity as the thing requires Ego Dominus qui praecepi vobis ut observaretis diem sanctum Dominicum non custodistis eum c. I am the Lord which hath commanded to keep
at Toledo by Ferdinand the Catholick 1479. for swearing to the succession of his Son Don John in which the Prelates the Nobility and almost all the Towns and Cities which sent Commissioners to the Assembly are expresly named Id. lib. Thus finally do we find a meeting of the Deputies of the three Estates of Navarre at the Town of Tasalla Anno 1481. for preserving the Kingdom in obedience to King Francis Phoebus being then a Minor under Age and that the Deputies of the Clergy Id. lib. 22. Nobility Provinces and good Towns and Portugal assembled at Tomara Anno 1581. to acknowledg Philip the second for their King and to settle the Government of that Kingdom for the times to come Id. lib. 30. Now let us take a view of the Northern Kingdoms and still we find the people ranked in the self-same manner and their great Councils to consist of the Clergy the Nobility and certain Deputies sent from the Provinces and Cities as in those before In Hungary before that Realm received the Gospel we read of none but Nobiles Plebeii Bonfinius in hist Hungar. Dec. l. 1. Id. ibid. Dec. 2. l. 2. Id. Decad. 2. l. 3. the Nobility and common people who did concur to the Election of their Kings but no sooner was the Faith of Christ admitted and a Clergy instituted but instantly we find a third Estate Episcopos Sacerdotum Collegia Bishops and others of the Clergy superadded to them for the Election of the Kings and the dispatch of other businesses which concerned the publick as it continueth to this day In Danemark we shall find the same if we mark it well For though Poutanus seem to count upon five Estates making the Regal Family to be the first and subdividing the Commons into two whereof the Yeomanry makes one and the Tradesman or Citizen the other Pontan in Doriae descript Id. in histor Rerum Danic l. 7. yet in the body of the History we find only three which are the Bishops the Nobility and Civitatum delegati the Deputies or Commissioners of Towns and Cities Take which of these Accounts you will and reckon either upon Five or on three Estates yet still the Ecclesiastick State or Ordo Ecclesiasticus as himself entituleth it is declared for one and hath been so declared as their stories tell us ever since the first admittance of the Faith amongst them the Bishops together with the Peers and Deputies making up the Comitia or Conventus Ordinum In Poland the chief sway and power of Government next to the King is in the Council of Estate Secundum Regem maxima Augustissima Senatus autoritas Thuan. hist sui temp l. 56. as Thuanus hath it And that consisteth of nine Bishops whereof the Archbishops of Guisna and Leopolis make always two of fifteen Palatines for by that name they call the greater sort of the Nobility and of sixty five Chastellans which are the better sort of the Polish Gentry who with the nine great Officers of the Kingdom or which the Clergy are as capable as any other sort or degree of Subjects do compleat that Council The Common people there are in no Authority à procuratione Reipub. omnino summota not having any Vote or suffrage in the great Comitia Thuan. hist sui temp l. 56. or general Assemblies of the Kingdom as in other places For Sweden it comes near the Government and Forms of Danemark and hath the same Estates and degrees of people as amongst the Danes that is to say Proceres Nobiles the greater and the less Nobility Episcopi Ecclesiastici the Bishops and inferiour Clergy Civitates universitates the Cities and Towns corporate for so I think he means by universitates as Thuanus mustereth them Id. lib. 131. And in this Realm the Bishops and Clergy enjoy the place and priviledges of the third Estate notwithstanding the alteration of Religion to this very day the Bishops in their own persons and a certain number of the Clergy out of every Sochen a division like our Rural Deanries in the name of the rest have a necessary Vote in all their Parliaments And as for Scotland their Parliament consisted anciently of three Estates as learned Cambden doth inform us that is to say the Lords spiritual as Bishops Abbots Priors the temporal Lords as Dukes Marquesses Earls Vicounts Barons Cambden in descript Scotiae and the Commissioners of the Cities and Burroughs To which were added by King James two Delegates or Commissioners out of every County to make it more conform to the English Parliaments And in some Acts the Prelates are by name declared to be the third Estate as in the Parliament Anno 1597. Anno 1606 c. for which I do refer you to the Book at large And now at last we are come to England where we shall find that from the first reception of the Christian Faith amongst the Saxons the Ecclesiasticks have been called to all publick Councils and their advice required in the weightiest matters touching the safety of the Kingdom No sooner had King Ethelbert received the Gospel but presently we read that as well the Clergy as the Laity were called unto the Common Council which the Saxons sometimes called Mysel Synoth the Great Assembly and sometimes Wittenagemots the Council or Assembly of the Wise men of the Realm Anno 605. Coke on Lit. l. 1.2 sect H. Spelman in Concil p. 126. Ethelbertus Rex in fide roboratus Catholica c. Cantuariae convocavit eommune concilium tam Cleri quam populi c King Ethelbert as my Author hath it being confirmed in the Faith in the year 605. which was but nine years after his conversion together with Bertha his Queen their son Eadbald the most Reverend Archbishop Augustine and all the rest of the Nobility did solemnize the Feast of Christs Nativity in the City of Canterbury and did there cause to be assembled on the ninth of January the Common-council of his Kingdom as well the Clergy as the Lay Subject by whose consent and approbation he caused the Monastery by him built to be dedicated to the honour of Almighty God by the hand of Augustine And though no question other Examples of this kind may be found amongst the Saxon Heptarchs yet being the West Saxon Kingdom did in fine prevail and united all the rest into one Monarchy we shall apply our selves unto that more punctually Where we shall find besides two Charters issued out by Athelston Consilio Wlfelmi Archiepiscopi mei aliorum Episcoporum meorum Ap. eund p. 402 403. by the advice of Wlfelm his Archbishop and his other Bishops that Ina in the year 702. caused the Great Council of his Realm to be assembled consisting ex Episcopis Principibus proceribus c. of Bishops Princes Nobles Earls and of all the Wise men Elders and people of the whole Kingdom and there enacted divers Laws for the weal of his
or putting their results into execution without his consent but put him into the actual possession of that Authority which properly belonged to the Supremacy or the Supream Head in as full manner as ever the Pope of Rome or any delegated by and under him did before enjoy it After which time whatsoever the King or his Successors did in the Reformation as it had virtually the power of the Convocations so was it as effectual and good in Law as if the Clergy in their Convocation particularly and in terminis had agreed upon it Not that the King or his Successors were hereby enabled to exercise the Keys and determine Heresies much less to preach the Word and administer the Sacraments as the Papists falsly gave it out but as the Heads of the Ecclesiastical Body of this Realm to see that all the members of that Body did perform their duties to rectifie what was found amiss amongst them to preserve peace between them on emergent differences to reform such errors and corruptions as are expresly contrary to the Word of God and finally to give strength and motions to their Councils and Determinations tending to Edification and increase of Piety And though in most of their proceedings towards Reformation the Kings advised with such Bishops as they had about them or could assemble without any great trouble or inconvenience to advise withal yet was there no necessity that all or the greater part of the Bishops should be drawn together for that purpose no more than it was anciently in the Primitive Times for the godly Emperors to call together the most part of the Bishops in the Roman Empire for the establishing of the matters which concerned the Church or for the godly Kings of Judah to call together the greatest part of the Priests and Levites before they acted any thing in the Reformation of those corruptions and abuses which were crept in amongst them Which being so and then withal considering as we ought to do that there was nothing altered here in the state of Religion till either the whole Clergy in their Convocaton or the Bishops and most eminent Church-men had resolved upon it our Religion is no more to be called a Regal than a Parliament-Gospel 6. That the Clergy lost not any of their just Rights by the Act of Submission and the power of calling and confirming Councils did anciently belong to the Christian Princes If you conceive that by ascribing to the King the Supream Authority taking him for their Supream Head and by the Act of Submission which ensued upon it the Clergy did unwittingly ensnare themselves and drew a Vassallage on these of the times succeeding inconsistent with their native Rights and contrary to the usage of the Primitive Church I hope it will be no hard matter to remove that scruple It 's true the Clergy in their Convocation can do nothing now but as their doings are confirmed by the Kings Authority and I conceive it stands with reason as well as point of State that it should be so For since the two Houses of Parliament though called by the Kings Writ can conclude nothing which may bind either King or Subject in their civil Rights until it be made good by the Royal Assent so neither is it fit nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in spiritual matters until the stamp of Royal Authority be imprinted on them The Kings concurrence in this case devesteth not the Clergy of any lawful power which they ought to have but restrains them only in the exercise of some part thereof to make it more agreeable to Monarchical Government and to accommodate it to the benefit both of Prince and People It 's true the Clergy of this Realm can neither meet in Convocation nor conclude any thing therein nor put in execution any thing which they have concluded but as they are enabled by the Kings Authority But then it is as true withal that this is neither inconsistent with their native Rights nor contrary unto the usage of the Primitive Times And first it is not inconsistent with their native Rights it being a peculiar happiness of the Church of England to be always under the protection of Christian Kings by whose encouragement and example the Gospel was received in all parts of this Kingdom And if you look into Sir Henry Spelman's Collection of the Saxon Councils I believe that you will hardly find any Ecclesiastical Canons for the Government of the Church of England which were not either originally promulgated or after approved and allowed o either by the Supream Monarch of all the Saxons or by some King or other of the several Heptarchies directing in their National or Provincial Synods And they enjoyed this Prerogative without any dispute after the Norman Conquest also till by degrees the Pope in grossed it to himself as before was shewn and then conferred it upon such as were to exercise the same under his Authority which plainly manifests that the Act of Submission so much spoke of was but a changing of their dependance from the Pope to the King from an usurped to a lawful power from one to whom they had made themselves a kind of voluntary Slaves to him who justly challenged a natural dominion over them And secondly that that submission of theirs to their natural Prince is not to be considered as a new Concession but as the Recognition only of a former power In the next place I do not find it to be contrary to the usage of the Primitive times I grant indeed that when the Church was under the command of the Heathen Emperors the Clergy did Assemble in their National and Provincial Synods of their own Authority which Councils being summoned by the Metropolitans and subscribed by the Clergy were of sufficient power to bind all good Christians who lived within the Verge of their jurisdiction They could not else Assemble upon any exigence of affairs but by such Authority But it was otherwise when the Church came under the protection of Christian Princes all Emperors and Kings from Constantine the Great till the Pope carried all before him in the darker times accompting it one of the principal flowers as indeed it was which adorned their Diadems I am not willing to beat on a common place But if you please to look into the Acts of ancient Councils you will find that all the General Councils all which deserve to be so called if any of them do deserve it to have been summoned and confirmed by the Christian Emperors that the Council of Arles was called and confirmed by the Emperor Constantine that of Sardis by Constans that of Lampsacus by Valentinian that of Aquileia by Theodosius that of Thessalonica National or Provincial all by the Emperor Gratian That when the Western Empire fell into the hands of the French the Councils of Akon Mentz Meldun Wormes and Colen received both life and
Realm Apud eund p. 219. Thus do we read that Egbert who first united the seven Kingdoms of the Saxons under the name of England did cause to be convened at London his Bishops and the Peers of the highest rank pro consilio capiendo adversus Danicos Piratas Charta Whitlafii Merciorum Regis ap Ingulf to advise upon some course against the Danish Pirates who infested the Sea coasts of England Another Parliament or Council call it which you will called at Kingsbury Anno 855. in the time of Ethelwolph the Son of Egbert pro negotiis regni to treat of the affairs of the Kingdom Chart. Bertulfi Merc. Regis ap Ingulf Ingulfi Croyland hist the Acts whereof are ratified and subscribed by the Bishops Abbots and other great men of the Realm The same King Ethelwolph in a Parliament or Assembly of his States at Winchester Anno 855. Cum consilio Episcoporum principum by the advice and counsel of the Bishops and Nobility confirmed unto the Clergy the tenth part of all mens goods and ordered that the Tithe so confirmed unto them should be free ab omnibus secularibus servitutibus from all secular services and impositions In the Reign of Edred we find this Anno 948. In Festo igitur nativitatis B. Mariae cum universi Magnates regni per Regium edictum summoniti tam Archiepiscopi Episcopi ac Abbates quam caeteri totius Regni proceres optimates Londoniis convenissent ad tractandum de negotiis publicis totius Regni Id ibid. p. 49. edit Lond. viz. That in the Feast of the Nativity of the blessed Virgin the great men of the Realm that is to say Archbishops Bishops Abbots Nobles Peers were summoned by the Kings Writ to appear at London to handle and conclude about the publick affairs of the Kingdom Mention of this Assembly is made again at the foundation and endowment of the Abbie of Crowland Id. p. 500. and afterwards a confirmation of the same by Edgar Anno 966. praesentibus Archiepiscopis Espiscopi Abbatibus Optimatibus Regni in the presence of the Archbishops Bishops Id. pag. 501. 502. Abbots and Peers of the Kingdom Like convention of Estates we find to have been called by Canutus after the death of Edmund Ironside for the setling of the Crown on his own head of which thus the Author Rog. Hoveden Annal. pars prior p. 250. Cujus post mortem Rex Canutus omnes Episcopos Duces necnon principes cunctosque optimates gentis Angliae Londoniae congregari jussit Where still we find the Bishops to be called to Parliament as well as the Dukes Princes and the rest of the Nobility and to be ranked and marshalled first which clearly shews that they were always reckoned for the first Estate before the greatest and most eminent of the secular Peers And so we find it also in a Charter of King Edward the Confessor the last King of the Saxon race by which he granted certain Lands and priviledges to the Church of Westminster Anno 1066. Cum consilio decreto Archiepiscoporum Episcoporum Comitum aliorumque Optimatum Ap. H. Spelman in Concil p. 630. with the Council and decree of the Archbishops Bishops Earls and others of his Nobles And all this while the Bishops and other Prelates of the Church did hold their Lands by no other Tenure than in pura perpetua eleemosyna or Frank almoigne Cambden in Brit. as our Lawyers call it and therefore sat in Parliament in no other capacity than as spiritual persons meerly who by their extraordinary knowledg in the Word of God and in such other parts of Learning as the World then knew were thought best able to direct and advise their Princes in points of judgment In which capacity and no other the Priors of the Cathedral Churches of Canterbury Ely Winchester Coventry Bath Worcester Norwich and Durham the Deans of Exeter York Wells Salisbury and Lincoln the Official of the Archbishop of Canterbury and the Dean of the Arches the Guardian of the Spiritualties of any Bishoprick when the See was vacant Selden Titles of hon part 2. c. 5. and the Vicars general of such Bishops as were absent beyond the Seas had sometimes place and suffrage in the house of Lords in the Ages following But when the Norman Conqueror had possest the State then the case was altered the Prelates of the Church were no longer suffered to hold their Lands in Frankalmoigne as before they did or to be free from secular services and commands as before they were Although they kept their Lands yet they changed their Tenure and by the Conqueror Mat. Paris in Will 1. Auno 1.70 were ordained to hold their Lands sub militari servitute either in Capite or by Baronage or some such military hold and thereby were compâ—â—lable to aid the Kings in all times of War with Men Arms and Horses as the Lay subjects of the same Tenures were required to do Which though it were conceived to be a great Disfranchisement at the first and an heavy burden to the Prelacy yet it conduced at last to their greater honour in giving them a further Title to their place in Parliament than that which formerly they could pretend to Before they claimed a place therein ratione Officii only by reason of their Offices or spiritual Dignities but after this by reason also of those ancient Baronies which were annexed unto their Dignities Stamfords Pleas l. 3. c. 1. en respect de lour possessions l'antient Baronies annexes a lour dignities as our Lawyers have it From this time forwards we must look upon them in the House of Parliament not as Bishops only but as Peers and Barons of the Realm also and so themselves affirmed to the Temporal Lords in the Parliament holden at Northamptâ—n under Henry 2. Non sedimus hic Episcopi sed Barones nos Barones vos Barones Ap. Selden Titles of hon p. 2. c. 5. Pares hic sumus We fit not here say they as Bishops only but as Barons We are Barons and you are Barons here we sit as Peers Which last is also verified in terminis by the words of a Statute or Act of Parliament wherein the Bishops are acknowledged to be Peers of the Land Stat. 25 Edw. 3. c. 5. Now that the Bishops are a fundamental and essential part of the Parliament of England I shall endeavour to make good by two manner of proofs whereof the one shall be de jure and the other de facto And first we shall begin with the proofs de jure and therein first with that which doth occur in the Laws of King Athelstan amongst the which there is a Chapter it is Cap. 11. entituled De officio Episcopi quid pertinet ad officium ejus and therein it is thus declared Spelm. concil p. 402. Episcopo jure pertinet omnem rectitudinem promovere Dei scilicet seculi