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land_n	hold_v	lord_n	manor_n	3,946	5	10.1291	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67871	A just vindication of the questioned part of the reading of Edward Bagshaw, Esq; an apprentice of the common law. Had in the Middle Temple Hall the 24th day of February, being Munday, anno Dom. 1639. upon the statute of 25 E.3. called, Statutum pro clero, from all scandalous aspersions whatsoever. With a true narrative of the cause of silencing the reader by the then Archbishop of Canterbury: with the arguments at large of those points in his reading, for which he was questioned at the Council-Board.	Bagshaw, Edward, d. 1662.	1660 (1660)	Wing B396; ESTC R208288	31,311	44

6 R. 2 Rot. Parl. nu 5 that they had not to do with matters of the Peace The first Clergy-men that I find to be Justices of Peace by any Statutē are the Bishops of Ely and Durham for the I le of Ely and Durham and the Archbishop of Yorke for the Liberty of Hexam 27 H. 8 cap. 25. But then there is a provision by that Statute to make their Temporal Chancellers to be Justices for the excusing them as I conceive from their personal attendance at the Sessions Object But it will be objected They are made Justices of Peace by the Kings Commission and may be punished if they should refuse Answ. It is rara avis to heare of a Minister punished for refusing to be a Justice of Peace For by Law he may refuse By his Orders he may refuse as I conceive and by virtue of his Consecration For in the book of Ordination of Priests and Deacons confirmed by the Parliaments of 1 Ed. 6 and 1 Eliz. he is there charged by the Bishop To give himself wholly to his Spiritual Vocation and wholly to apply himself to that one thing and to draw all his cares and Studies that way and to that end And this not all but the Bishop doth require a promise of the Ordained Priest to that purpose for the Bishop asketh him If he will be diligent in Prayers and Reading Holy Scriptures c. laying aside the study of the World and the Flesh And the minister answers That he will endeavour himself so to do All which said together will amount to a good excuse of a Clergy-man from secular imployment As in truth it did of late to the Lord Keeper Coventry in the Case of one Mr. Samuel Johnson Clerk Son and heir of that Johnson that was the extraordinary kind Husband from whence was the Proverb of Drinking to Mr. Johnson This man was lately made High Sheriff of Rutland shire and pleading his Orders of a Clergy-man to the Lord Keeper he was forthwith discharged and another Sheriff chose in his place There is a Writ in the Register and in Fitz. Nat. brev. 175 b. named Breve quod Clerici non eligantur in officio Ballivi pro terris suis which lyeth in a stronger Case then this is As if a man holdeth divers Lands of a Lord of a Manor to be a Bailiff Bedel or Receiver if this man be once made a Clerk and afterward chosen unto such an office the Lord may Distrain in case the child should refuse yet this Writ will compel the Lord to let him alone and to dismiss him And the reason is given in the Writ it self Because the Law supposeth him to be so continually imployed in works of Piety and Hospitality that he is not at leisure to attend no secular affairs The same reason may be given for a Clerk made a Justice of Peace Object But it will be objected That my Statute is for the Clergy but I seem in this opinion to be against it Answ. I answer That in this I am for the honour and honesty of the Clergy For in those Provincial Constitutions which I mentioned before the Clergy are there enjoyned to abstain ab omnibus eis quae honestatem corum deformant And Linwood a principal Author of the Canon Law gives this instance of that deformity Deformatur haec honestas cum Clericus se immiscet in negotiis secularibus Linw. lib. 3. De vita Honestate Cler. fol. 87. So that by their Law it is a dishonest thing for Clergy-men to meddle in secular affairs The Readers Argument upon the Third Point being the Fourth Point of his Third Case upon the Third Division of his Statute WHether an Heretick may at this day be Convicted and Condemned for Heresie by his own Ordinary alone And I think he cannot It is a great Question and mainly concerns the life and liberty of the Subject and deserves a much larger debate then I can now afford it I being opposed herein by a learned Civilian sometimes Dean of the Arches in the first part of his Apology for Ecclesiastical proceedings fol. 81. who denies Fitz Herberts opinion Nat. brev. 269 D. to be Law who saith That a man cannot be convicted for Heresie but by the Archbishop and the whole Clergy of the Province in their general Council of Convocation But this Civilian with divers more of his mind doth hold That an Heretick both before the statute of 2 H. 4 c. 15 and now at this day may be both convicted and condemned to be burnt by his own proper Ordinary For the clearing this three Questions do naturally arise 1. What shall be said such an Heresie for which a man shall be condemned to the fire 2. Who shall be the Judge that shall Convict for Heresie 3. By what Law is it Common or Canon that an Heretick after conviction shall be burnt Quest 1. For the first it appears by the Canon Law Linw. cap. de Hereticis fol. 213. that there are no less then 88. sorts of Heresies which is the cause that the Canonists cannot agree about the definition of an Heretick I will name but two of their best definitions 1. The first is in the fourth book of the Institutes of the Canon Law cap. de Hereticis fol. 248. Hereticus est qui vanae gloriae principatus sui causa falsas opiniones gignit vel sequitur If this were Law how many Scholers would at this day be burnt for Hereticks 2. I come therefore to a second Definition given at home in our Provincial Constitutions cap. de Hereticis fol. 211. where Linwood having toil'd himself with about twenty Descriptions of an Heretick falls upon this as the best Omnin saith he censetur Hereticus qui non tenet id quod docet sequitur sancta Rom. Ecclesia Hence it was that by their Law a man was questioned for an Heretick for very small things viz. For eating flesh in Lent for standing out an Excommunication though it was perhaps for some extorted Fees of the Court Nay you shall find 1 H. 7. fol. 17. That a man was questioned for Heresie upon the Statute of 2 H. 4. c. 15. because he held an opinion That one might pay his Tythes where he pleased and not to his own Vicar when as by the Counsel of Lateran Tythes were only to be paid to Parsons and Vicars of the proper Parish and so he as an Heretick offended contra sanctiones Ecclesiae And I dare be bold to say That in that bloudy Roll of Martyrs which began from the first year of H. 4. to the làst year of Q. Mary there was not a man burnt for holding any thing contra Canonem Scripturae not an old Arrian which is the Socinian at this day nor an old Pelagian which is now the Arminian But for holding Opinions contra sanctiones Canonicas as saith the Writ De Haeretico comburendo founded upon that Statute of 2 H. 4. which was the

agreeable to Law according to what I had done and held in my Reading without wavering or warping at all And told the House That by the Ancient Laws of the Land the Crown of England was founded in the state of Prelacy and ever since there was a Christian King of England there was a Bishop That it was so Incorporated into Monarchy that the ruine of one would hazard the ruine of the other That it was so interwoven with the Common Law in so many Original Writs that the destruction of it would take away one of the chiefest Peers of the Common Law for learning and Pleading in Ecclesiastical matters That as the Common Law was favourable to Clergy-men and gave them more priviledges then any Humane Law they could name so it was strict in correcting and punishing them of what rank soever if they transgressed that Law And had Judges done their duties according to their Oaths and Places by granting Prohibitions to the High Commission in causes wherein they had no power to hold Plea and Writs of Habeas Corpus to such persons whom they had fined and imprisoned without cause Bishops and Presbyters might for ought I know have been long since happily agreed who clashing together like two Flints and thereby striking fire some sparks of that fire falling against both their wils upon the black Tinder of Independency inflamed such a violent and furious party of unreasonable men quite of another shape as that by the just judgment of God for these their unnatural contentions joyned with the sins of the Nation they became instrumental quite to ruine the one and almost destroy the other And I was then and am still of opinion That the Crown of England being a Monarchy bound up by such apt Laws for the benefit and peace of Prince and People and so apted for the Order and Jurisdiction of Bishops that I hold it the fittest for this Nation of any in the Christian world And I think I am able within my Sphere and Profession to maintain it against any Adversary Et cedo mihi quemvis Arbitrum And here I have just occasion to profess to all the world as in truth I do That I was so far from the very thoughts of destroying Bishops that observing at the time of my Reading and divers years before the great invasions that were made by them upon the common Law of England and the Courts of Westminster Hall and the scorn and contempt at that time cast abroad upon Professors and the very Profession of the Law I knew no other way how to hold them up in their Functions and just jurisdictions and in esteem and Honour amongst the people which once they had as by Reading upon that Law which gave them their just bounds and limits which if once they should break down I ever feared their ruine and destruction That like Deare breaking the Pale they exposed themselves to the fury of the people to be by them hunted chased and at last destroyed and the whole Clergy of England from whom they received their Orders eminently endangered And in this opinion of my fear I had the concurrence of a most Honourable person whom I much honoured Living and lamented Dead Edward Lord Mountague of Boughton scarce then to be parallelled for Piety Wisdom and Gravity in the whole Nation And how sad experience hath brought to pass what I then feared I shall say no more but silence my self in the words of that Kingly Prophet Obmutui quia tu Domine fecisti And thus have I cleared my self from the aspersions and scandals of two opposite parties whom it was impossible for me to please The one accusing me of Faction that I set bounds and limits to Episcopacy the other of Apostacy that contrary to Law I would not take it quite away And my sticking close to this opinion abhorrency of taking the Scotch Covenant tending to the utter abolition of Episcopacy was the alone ground of that load of afflictions which lay long upon my Body and Estate which had quite overwhelmed me had not God been a most gracious Father then unto me by supporting and comforting me with his Staff under that Rod of his corrections giving me patience to suffer rather then to sin and to resolve in the words of Zuinglius Mallem mille mortes obire quam contra conscientiam attestari And in this my just Vindication I acknowledge my self much beholden to that Learned and Ingenious Gentleman who lately hath Printed the Life and Death of the late King Charles wherein he hath acquitted me from such Misreports and Scandals cast upon me for my Reading And hath truly for substance related those points of Law for which I was questioned in my Reading only he hath failed in some circumstances in that relation and in the causes of my Silencing by the Archbishop which I shall now rectifie that best can do it that in case that Gentleman shall have occasion hereafter to revise his History by a second Edition he may Correct the same according to that Narrative I shall now declare wherein I shall pursue his own Method from the beginning to the end touching that Relation and so conclude It is very true as he there saith That my Reading in the Middle Temple Hall was the 24 day of February Anno Dom. 1639. in that very year the troubles were in Scotland and the Scots were preparing an Army for England masking their misdeeds against their native Prince under specious pretences of Religion which mockery of Almighty God he hath since avenged on them with a witness which they both find and feel at this day But yet my Reading was Compiled two years before and so compleated as that I could not alter it finding no cause so to do in that my Reading had no manner of reference to the pretended matters of that impious Quarrel He proceedeth and saith thus Mr. Bagshawe intended to meddle with Prohibitions but not with Tacitus to follow Truth too near the Heeles for feare of his Teeth nor too far off least he loose it and so neither to offend nor to be offended This I confess was in substance much to the sense of what I spake though not in those words and therefore I will repeat that part of my Speech which I made to the Benchers Barresters and Gentlemen of the Middle Temple at the beginning of my Reading in these very words In the choice of my Statute I was much perplexed I first pitched upon the Stat. of Articuli Cleri 9 E. 2 the five first Chapters concerning Prohibitions an excellent but an angry Law especially to such men who love not to be restrained in their Jurisdiction and therefore I left it and fell upon a more pleasing Law the Statute of 13 E. 1 called Circumspectè agatis of Consultations which gave the Clergy such Jurisdiction that no Prohibition could take from them Herein I rested long I divided that Statute gathered many Cases upon it