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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61451	An apology for the ancient right and power of the bishops to sit and vote in parliaments ... with an answer to the reasons maintained by Dr. Burgesse and many others against the votes of bishops : a determination at Cambridge of the learned and reverend Dr. Davenant, B. of Salisbury, Englished : the speech in Parliament made by Dr. Williams, L. Archbishop of York, in defence of the bishops : two speeches spoken in the House of Lords by the Lord Viscount Newarke, 1641.	Stephens, Jeremiah, 1591-1665.; Davenant, John, ca. 1572-1641.; Williams, John, 1582-1650.; Newark, David Leslie, Baron, d. 1682.	1660 (1660)	Wing S5446; ESTC R18087	87,157	146

preserve is I will not say above other Princes but above all Christian men that ever I knew or heard of a man of most upright dainty and scrupulous Conscience and afraid to look upon some actions which other Princes abroad do usually swallow up and devour I know for I have the Monuments in my own Custody what Oath or rather oaths his Majesty hath taken at his Coronation to preserve all the rights and Liberties of the Church of England And you know very well that Church-men are never sparing in their Rituals or Ceremonials to amplifie and swell out the Oaths of Princes in that kind Your Lordships then know right well that he is sworn at that time to observe punctually the laws of K. Edward The first Law whereof as you may see in Lambards Saxon Laws is to preserve entirely the peace the possessions and the rights and priviledges of the Church And truly I shall never put my Masters Conscience that I find resenting and punctillious when it is not bound up with oaths and protestations to swallow such Gudgeons as to fil it self with these doubts and scruples 2. My second Reason is that if his Majesty were free from all these Oaths and Protestations I durst not without some fair invitation from himself advise his Majesty to run shocks and oppositions against the Votes of both these great Houses of Parliament 3. And lastly if I were secretly invi●ed to move his Majesty ●o advise upon the passing of this Bill yet speaking mine own heart and sense and not binding any of my brethren in this opinion if I found the major part of this House to pass this bill without much qualification I should never have the boldnesse nor desire to sit any more in any judicial place in this most honourable House And therefore my Honourable Lords here I have fixt my Areopagus and dernier resort beign not like to make any further appeal Which makes me humbly desire your patience to speak for some longer time then I have accustomed in a Committee In which length I hope notwithstanding to use a great deal of brevity Some length in the whole and much shortnesse in every particular head which I mean so to distinguish and beat out that not only your Lordships but the Lords my brethren may enlarge themselves upon all the particulars which neither my abilities of body can perform nor doth my intention nor purpose aim at at this time I will therefore cast this whole bill into six several heads wherein I hope to comprehend all that I shall say or any man else can materially touch upon in this bill The first is the Rise or Motive of this Bill which is the duty of men in holy orders For the words are persons in holy Orders o●ght not to intermeddle c. And this duty of ministers may be taken in this place two several wayes either for their duty in point of Divinity or for their duty in point of Convenience which we commonly call policy In regard of either of these duties it may be conceived that men in holy orders ought not to intermeddle in secular affairs c. And this is the Motive Rise and Ground of this bill The second point are the persons concerned in this bill which are Arch-bishops Bishops Parsons Vicars and all other in holy orders The third point contains the things inhibited from this time forward to such persons by this Bill and they are of several sorts and natures First Freeholds and Rights of such persons as their suffrages votes and legislative power in parliament Secondly matters of princely favours as to Sit in Star-chamber to be called to the Council-board to be Justice of peace c. Thirdly matters of a mixt or concrete nature that seem to be both Freeholds and favours of former princes as the Charters of some of the Bishops and some of the ancient Cathedrals are conceived to be And these are all the matters or things inhibited from those persons in holy orders by this present bill Fourthly the manner of this Inhibition which is of a double nature first under a high and severe penalty and secondly under a Cains mark an eternal kind of disability or incapacity laid upon them from enjoying hereafter any of these Freeholds rights favours or Charters of former princes and that which is the heaviest point of all without killing of Abel or any Crime laid to their charge more then that in the beginning of the bill it is said ●oundly and in the style of Lacedemon that they ought not to intermeddle in secular affairs The fifth point is a Salvo for the two Universities but none for the Bishop of Durham nor for the Bishop of Ely not for the De● of Westminster their next Neighbour who is established in his Government by an especial Act of parliament that of the 27. of Q. Elizabeth The sixth and last point is a Salvo for Dukes Marquilses Earls Viscounts Barons or Peers of this Kingdom that either may be or are such by descent which clause I hope in God will prove not only a salvo to those honourable persons whereof if we of the Clergy were but so happy as to have any competent number of our Coat quot Thebarum portae vel divitis ostia Nili This bill surely had perisht in the womb and never come to the birth yet I hope that this clause will prove to this bill a felo de se and a murtherer of it self and intended for a Salvo for noble ministers only prove a Salvo for all other ministers that be not so happy as to be nobly born because the very poor minister for ought we find in Script●re or Common reason is no more tyed to serve God in his Vocation then these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and nobly born ministers are And therefore I hope these noble ministers will deal so nobly as to pull their brethren the poor ministers out of the thorns and briers of this bill And these are all the true heads and contents of this bill And amongst these six heads Your Lordships shall be sure to find me and I shall expect to find your Lordships in the whole tract of this Committee And now with your Lordships honourable leave and patience I will run them over almost as breifly as I have pointed pricked them down For the first the rise and motive of this bill which is the duty of men in holy orders not to intermeddle with secular affairs must arise either from a point of divinity or from point of conveniency or policy And I hope in God it will not appear to your Lordships that there is any ground either of divinity or policy to inhibit men in orders so modestly to intermeddle with secular affairs as that the measure of intermedling in such affairs shall not hinder and obstruct the duties of their calling They ought not so to intermeddle in secular affairs as to neglect their ministry no

as Lord Coke saith it may be done without the help of a Parliament as the King appointeth Judges and great Officers in all the Courts in Westminster-hall without consent of Parliaments The Learned Lord Herbert in his History of Hen. 8. relating some passages of the Kings Reformation of some abuses affirmeth that the first fatal blow the English Church received was when the Redress of her was referred to the House of Commons Complaint was made for probate of testaments and mortuaries of pluralities non-residence and priests that were farmers of Lands c. But the King lost or let go for the present a principal point of his Supremacy whereby he might have reformed what was fit to be done in these and many the like businesses without referring to the House of Commons and we find that they never left off reforming till they have utterly deformed all and wholly suppressed all Ecclesiastical Law Courts and Jurisdictions The King by his Supremacy might have reformed and prescribed Laws for probate of Wills non-residence pluralities and many more such matters the Concurrence of the Metropolitan had been sufficient to regulate such matters according to the Laws Ecclesiastical for there are Laws Ecclesiastical in this Kingdome as well as Temporal and as ancient and fundamental as any part of the Common Law and therefore fit to be duly kept and observed Linwood doth gloss upon the Constitutions made by the Archbishops of Canterbury which are accepted for good Laws by the Common Lawyers in Ecclesiastical matters and so there are also Constitutions for the province of York and the Northern parts all which are allowed for good Laws Ecclesiastical by those that are truely learned in the Laws Two SPEECHES spoken in the House of Lords by the Lord Viscount Newarke The first concerning the right of BISHOPS to sit and vote in Parliament May 21. 1641. MY LORDS I Shall take the boldness to speak a word or two upon this subject first as it is in it self then as it is in the consequence For the former I think he is a great stranger in Antiquity that is not well acquainted with that of their sitting here they have done thus and in this manner almost since the conquest and by the same power and the same right as the other Peers did and your Lordships now do and to be put from this their due so much their due by so many hundred years strengthened and confirmed and that without any offence nay pretence of any seems to me to be very severe if it be jus I dare boldly say it is summum That this hinders their Ecclesiasticall vocation an argument I hear much of hath in my apprehension more of shadow then substance in it● if this be a reason sure I am it might have been one six hundred years ago A Bishop my Lords is not so circumscribed within the circumference of his Diocesse that his sometimes absence can be termed no not in the most strict sense a neglect or hindrance of his duty no more then that of a Leiutenant from his County they both have their subordinate Ministers upon which their influences fall though the distance be remote Besides my Lords the lesser must yield to the greater good to make wholsome and good Laws for the happy and well regulating of Church and Common-wealth is certainly more advantagious to both then the want of the personal execution of their office and that but once in three years and then peradventure but a moneth or two can be prejudicial to either I will go no further to prove this which so long experience hath done so fully so demonstratively And now my Lords by your Lordships good leave I shall speak to the consequence as it reflects both on your Lordships and my Lords the Bishops Dangers and inconveniences are ever best prevented elonginqu● this precedent come near to your Lordships and such a one that mutato nomine de vobis Pretences are never wanting nay sometimes the greatest evils appear in the most fair and specious outsides witness the Shipmony the most abominable the most illegal thing that ever was and yet this was painted over with colour of the Law what Bench is secure if to alleage be to convince and which of your Lordships can say then he shall continue a member of this House when at one blow twenty six are cut off It then behoves the Neighbour to look about him cum proximus ardet Ucalegon And for the Bishops my Lords in what condition will you leave them The House of Commons represents the meanest person so did the Master his Slave but they have none to do so much for them and what justice can tie them to the observation of those laws to whose constitution they give no consent the wisdome of former times gave proxies unto this House meerly upon this ground that every one might have a hand in the making of that which he had an obligation to obey This House could not represent therefore proxies in room of persons were most justly allowed And now my Lords before I conclude I beseech your Lordships to cast your eyes upon the Church which I know is most dear and tender to your Lordships you will see her suffer in her most principal members and deprived of that honour which here and throughout all the Christian world ever since Christianity she constantly hath enjoyed for what Nation or Kingdome is there in whose great and publick Assemblies and that from her beginning she had not some of hers if I may not say as essential I am sure I may say as integral parts thereof And truly my Lords Christianity cannot alone boast of this or challenge it onely as hers even Heathenisme claims an equal share I never read of any of them Civil or Ba●barous that gave not thus much to their Religion so that it seems to me to have no other original to flow from no other spring than Nature her self But I have done and will trouble your Lordships no longer how it may stand with the honour and justice of this House to pass this Bill I most humbly submit unto your Lordships the most proper and only Judges of them both The Second SPEECH about the Lawfulness and Conveniency of their intermedling in Temporal Affairs MY LORDS I Shall not speak to the preamble of the Bill that Bishops and Clergy men ought not to intermeddle in temporal Affairs For truly My Lords I cannot bring it under any respect to be spoken of Ought is a word of Relation and must either refer to humane or divine Law To prove the lawfulnesse of their intermedling by the former would be to no more purpose then to labour to convince that by reason which is evident to sense It is by all acknowledged The unlawfulnesse by the latter the Bill by no means admits of for it excepts Universities and such persons as shall have honour descend upon them And your Lordships know that circumstance and chance alter not the

which is all I shall say of the duty of ministers in point of divinity Now I come to the second duty of men in holy orders in point of conveniency or policy and am clearly of opinion that even in this regard and reflexion they ought not to be debarred from modestly intermedling in secular affairs For if there be any such inconveniency it must needs arise from this that to exercise some secular jurisdiction must be evil in it self or evil to a person in holy orders Which is neither so nor so For the whole office of a subordinate civil Magistrate is most exactly described in Rom. 13. 3 4. and no man can add or detract from the same The civil power is a divine ordinance set up to be a Terror to the evil and an incouragement to good works This is the whole compass of the civil power And therefore I do here demand with that most learned Bishop Davenant that within a few dayes did sit by my side in the eleventh Question of his Determinations What is there of impiety what of unlawfulnesse what unbecoming either the holynesse or calling of a priest in terrifying the bad or comforting the good Subject in repressing of sin and punishing of sinners For this is the whole and intire Act of civil jurisdiction It is in its own nature repugnant to no person to no function to no sort or condition of men let them hold themselves never so holy never so seraphical it becomes them very well to repress sin and punish sinners that is to say to exercise in a moderate manner civil jurisdiction if the Soveraign shall require it And you shall find that this doctrine of debarring persons in holy orders from secular imployments is no doctrine of the Reformed but the Popish Church and first brought into this Kingdome by the Popes of Rome and Lambiths Lanfranc Anselme Stephen Langton and the test together with Otho and Othobon and to this only end that the man of Rome might withdraw all the Clergy of this Kingdome from their obligations to the King and Nobility who were most of them great Princes in those times and thereby might establish and create as in a great part he did regnum in regno a Kingdome of Sha●elings in the midst of this Kingdome of England And hence came those Canons of mighty consequence able to shoot up a priest at one shot into heaven as that he must not meddle with matters of blood that he must not exercise civil jurisdiction not be a Steward to a Noble man in his house and all the rest of this Palea and Garbage That is in plain English the Priest must no longer receive obligations from either King or Lords but wholly depend upon his holy Fathers the Pope of Rome and the Pope of Lambeth or at least wise pay him soundly for their Dis ensations and Absolutions when they presume to do the contrary In the mean time here is not one word or shew of Reason to inform an understanding man that persons in holy orders ought not to terrifie the bad and comfort the good to repress sin and chastise sinners which is the summa totalis of the civil Magistracy and consequently so fat forth at the least to intermeddle with secular affairs And this is all that I shall say touching the motive and ground of this Bill and that persons in holy orders ought not to be inhibited from intermedling in secular affairs either in point of divinity or in point of conveniency and policy The second point consists of the persons reflected upon in this Bill which are Archbishops Bishops Parsons Vicars and all others in holy orders of which point I shall say little only finding these names hudled up in an heap made me conceive at first that it might have some relation to Mr. Bagshawes reading in the middle Temple which I ever esteemed to have been very inoffensively delivered by that learned Gentleman and with little discretion questioned by a great Ecclesiastick then in place For all that he said was this That when the Temporal Lords are more in voices then the Spiritual they may passe a Bill without consent of the Bishops which is an assertion so clear in reason and so often practised upon the Records and Rolls of Parliament that no man any way vers'd in either of these can make any doubt of it nor do I Though I humbly conceive no President will be ever found that the Prelates were ever excluded otherwise then by their own folly fear or headinesse For the point of being Justices of peace the Gentleman confesseth he never medled with Arch-bishops nor Bishops nor with any Clergy man made a Justice by his Majesties Commission In the Statute made 34. Ed. 3. c. 1. He finds assignees for the keeping of the Peace one Lord and with him 3. or 4. of the most valiant men of the County the troublesome times did then so require it and if God do not bless us with the riddance of these two armies the like provision will be now as necessary He finds these men included but doth not find Church-men excluded no not in the Statute 13. Rich. 2. cap. 7. that requires Justices of peace to be made of Knights Esquires and Gentlemen of the Law of the most sufficient of each County In which words the Gentleman thinks Clerks were not included and I clearly say by his favour they are not excluded Nor do the learned Sages of the Law conceive them to be excluded by that Statute If the King shall command the Lord Keeper to fill up the Commissions of each County with the most sufficient Knights Esquires and Gentlemen of the Law shall the Lord Keeper thereupon exclude the Noble-men and the Prelates I have often in my dayes received this Command but never heard of this interpretation before this time So that I cannot conceive from what ground this general sweep-stake of Arch-bishops Bishops Parsons Vicars and all others in holy orders should proceed I have heard since the beginning of my sicknesse that it hath been alledged in this House that the Clergy in the sixth of Edw. the third did disavow that the custody of the peace did belong to them at all and I beleive that such a thing is to be found amongst the Notes of the priviledges of this House But first you must remember that it was in a great storm and when the waters were much troubled and the wild people unapt to be kept in orders by Miters and Crosiersstaves But yet if that noble Lord shall be pleased to cast his eye upon the Roll it self he shall find that this poor excuse did not serve the Prelates turns Fot they were compelled with a witnesse to defend their parts of the preservation of the peace of the Kingdome as well as the Noble men and Gentry And you shall find the ordinance to this effect set down upon that Roll. I conclude therefore with that Noble Lords favour that the sweeping

nature and essence of a thing nor can except any particular from an universal proposition by God himself delivered I will therefore take these two as granted first that they ought by our Law to intermeddle in temporal affairs Secondly that from doing so they are not inhibited by the Law of God it leaves it at least as a thing indifferent And now my Lords to apply my self to the business of the day I shall consider the conveniency and that in the several habitudes thereof but very briefly first in that which it hath to them meerly as men qua tales then as parts of the Common-wealth Thirdly from the best manner 〈◊〉 constituting Laws and lastly from the practise of all 〈◊〉 both Christian and Heathen Homo sum nihil humanum á me alienum puto was indeed the saying of the Comedian but it might well have becom'd the mouth of the greatest Philosopher We allow to sense all the works and operations of sense and shall we restrain reason Must only man be hindered from his proper actions They are most fit to do reasonable things that are most reasonable For Science commonly is accompanied with conscience So is not ignorance They seldome or never meet And why should we take that capacity from them which God and Nature have so liberally bestowed My Lords the politick body of the Common-wealth is analogical to the body natural Every Member in that contributes something to the preservation of the whole the superfluity or defect which hinders the performance of that duty your Lordships know what the philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Natures sin And truly my Lords to be part of the other body and do nothing beneficial thereunto cannot fall under a milder term The Common-wealth subsists by Laws and their Execution and they that have neither head in the making not hand in the executing of them confer not to any thing the being or well being thereof And can such be called Members unlesse most unprofitable ones onely fruges consumere nati Me thinks it springs from Nature it self or the very depths of Justice that none should be tyed by other laws then himself makes for what more natural or just then to be bound only by his own consent to be ruled by anothers will is meerly tyrannical Nature there suffers violence and man degenerates to beast The most flourishing estates were ever governed by Laws of an universal constitution witnesse this our Kingdome witnesse Senatus Populusque Romanus the most glorious Common-wealth that ever was and those many others in Greece and elsewhere of eternal memory Some things my Lords are so evident in themselves that they are difficult in their proofs Amongst them I ●●ckon this Conveniency I have spoken of I will therefore 〈◊〉 but a word or two more in this way The long experien●● that all Christendome hath had hereof for these 1300. years is certainly argumentum ad hominem Nay my Lords I will go further for the same reason runs through all Religions never was there any Nation that employed not their religious men in the greatest affairs But to come to the businesse that now lyes before your Lordships Bishops have voted here ever since Parliaments began and long before were imployed in the publike The good they have done your Lordships all well know and at this day enjoy For this I hope yee will not put them out nor for the evil they may do which yet your Lordships do not know and I am confident never shall suffer A position ought not to be destroyed by a supposition à passe ad esse non valet consequentia My Lords I have done with proving of this positively I shall now by your good favours do it negatively in answering some inconveniencies that may seem to arise For the Text No man that wars entangles himself with the affairs of this life which is the full sense of the word both in Greek and Latine it makes not at all against them except to intermeddle and intangle be tearms equivalent Besides my Lords though this was directed to a Church-man yet it is of a general nature and reaches to all Clergy and Laity as the most learned and best expositors unanimously do agree To end this Argumentum symbolicum non est argumentativum It may be said that it is inconsistent with a spiritual vocation truly my Lords Grace and Nature are in some respects incompossible but in some others most harmoniously agree it perfects nature and raiseth it to a height above the common altitude and makes it most fit for those great works of God himself to make laws to do Justice There is then no inconsistency between themselves it must arise out of Scripture I am confident it doth not formally out of any place there nor did I ever meet with any learned Writer of these or other times that so expounded any Text. But though in strict terms this be not inconsistent yet i● may peradventure hinder the duty of their other calli●g My Lords there is not any that sits here more for pr●aching than I am I know it is the ordinary means to salvation yet I likewise know there is not that full necessity of it as was in the primitive times God defend that 1600. years acquaintance should make the Gospel of Christ no better known unto us Neither my Lords doth their office meerly and wholly consist in preaching but partly in that partly in praying and administring the blessed Sacraments in a godly and exemplary life in wholsome admonitions in exhortations to virtue dehortations from vice partly in easing the burdned conscience These my Lords compleat the office of a Church man Nor are they altogether tied to time or place though I confesse they are most properly exercised within their own verge except upon good occasion nor then the omission of some can be termed the breach of them all I must add one more an essential one the very form of Episcopacy that distinguisheth it from the inferiour Ministry the orderly and good government of the Church and how many of these I am sure not the last My Lords is interrupted by there sitting here once in 3. years and then peradventure but a very short time And can there be a greater occasion than the common good of the Church and State I will tell your Lordships what the great and good Emperor Constantine did in his expedition against the Persians he had his Bishops with him whom he consulted about his military affairs as ●uscbius has it in h●s life lib. 4. c. 56. Reward and punishment are the greatest negotiators in all worldly businesses these may be said to make the Bishops swim against the stream of their consciences and may not the same be said of the Laity Have these no operations but only upon them Has the King neither ●rown honour nor offices but only for Bishops Is there nothing that answers their translations Indeed my Lords I must needs say that in charity it is a supposition not to be supposed no nor in reason that they will go against the light of their understanding The holinesse of their calling their knowledge their freedome from passions and affections to which youth is very obnoxious their vicini●y to the Gates of death which though not shut to any yet always stand wide open to old age these my Lords will surely make them steer aright But of matter of fact there is no disputation some of them have done ill crimine ab uno discant omnes is a poetical not a logical argument Some of the Judges have done so some of the Magistrates and Offi●ers and shall there be therefore neither Judge Magistrate nor officer more A personal crime goes not beyond the person that commits it nor can anothers fault be mine offence If they have contracted any fil●h or corruption through their own or the vice of the times cleanse and purge them throughly But still remember the great difference between reformation and extirpation And be pleased to think of your Triennial Bill which will save you this labour for the time to come fear of punishment will keep them in order if they should not themselves through the love of vertue I have now my Lords according 〈◊〉 my poor ability both shewed the conveniencies and answered those inconveniencies that seem to make against them I should now propose those that make for them as their falling into a condition worse than slaves not represented by any and then he dangers and inconveniencies that may happen to your Lordships but I have done this heretofore and will not offer your Lordships Cram●en bis coctam FINIS Pag. 314. ● 2. part Caus. in dors n. 4 1. Chr. 16. 14. 1. Chr. 27. 5. 1. Chr. 11. 22. Pag. 659. 〈…〉 Lambard pag. 1. Council p. 186. Lambard pag. 57. Council p. 402. Council p. 423. Concil p. 486. 4. Instit. Lib. 5. p. 197. Concil Britannica Concil p. 127. Bede ● 2. c. 5. Concil p. 206. H. Edw. Confessor c. 3. Decanus Episcopi reliquas decem partes habeat K. Athelstani pag. 406. Epist. ad Regem Tum in vita tum in favore Concil Thansam pag. 525. K. Edw. Confes. c. 3. K. Gulielm in proaem 37. H. 8. cap. 16. pag. 42. pag. 43. pag. 44. Concil in Sussex p. 309. pag. 40. pag. 45. 〈…〉 Cap. 11. Hist. H. 7. Centur Magdeb. 4. p. 371. Haeres 75. De Rom. Pontifice l. 1. cap. 5. pag. 19. 1 Chr. 19. 1 Chron. 27. 5. 1 Chron. 11. 22. 2 Sam. 6. 1 Chron. 11. 26. Proem ●ul 1. Glossar p. 315. Lambar p. 80. Concil p. 568. c. 17. pag. 110. An 1164. If so then much more at this day saith Coke 4. Instit. C. 20. Sect. 31. Lib. 2. Doc. 2. Quae fuit plenaria Conciliarum forma Novel 83 Cap. 10. Bacon Argum. 1 2. Cor. 10. 4 5 6 Act. 12. 23. Apoc. 2. 1. Argum. 2. 1 Pet. 2. 13 14. 2 Tim. 3 4. 1 Tim. 2 2. Rom. 13. 3 4. Argum. 3. Argum. 4. Argum. 5. De opere Monach●r 28. 1 Cor. 3. 13. Sect. 1. Sect. 2. Sect. 3. Sect. 4. Sect. 5. Sect. 6. Sect. 1. Sect. 2 Sect. 4. Sect. 5● Sect. 6. 1 Chron. 26. 14. 1 Chron. 27. 5 1 Chron. 11. 22. Gen. 49. 7 Object 1. Object 2. Object 4. Object 5.