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A25628 An Ansvver to this quodlibetical question, whether the bishops make a fundamental and essential part of the English Parliament collected out of some memorials in a larger treatise for the information of some, the confirmation of others, and the satisfaction of all. 1661 (1661) Wing A3454; ESTC R22861 15,455 24

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Remember what was said before touching the Writ of Summons in the said Kings time from this time till the last Parliament of King Charles there is no Kings Reign of which we have not many though not all the Acts of Parliament still in Print amongst us Nor is there any Act of Parliament in the Printed Books to the Enacting of which the Bishops Approbation and Consent is not plainly specified either in the general Proeme set before the Acts or in the body of the Acts themselves as by the Books themselves doth at large appear 7ly And to this kind of proof may be further added the Form and Manner of the Writ by which the Prelates in all times have been called to Parliament being the very Law Verbatim with that which is directed to the Temporal Barons save that the Spiritual Lords are commanded to attend the Service in fide dilectione the Temporal in fide Homagio and of late times in fide Ligeantia quibus nobis tenemini A Form or Copie of which Summons as antient as King Johns time is still reserved upon Record directed Nominatim to the Arch-Bishop of Canterbury (†) Titles of Hon. part 2. cap. 1. and then a scriptum est similiter to the residue of the Bishops Abbates Earls and Barons Then adde the Privilege of Parliament for themselves and their Servants during the time of the Sessions the Liberty to kill and take one or two of the Kings Deer as they passe by any of his Forests in comming to Parliament upon his Commandment (†) Charta de foresta cap. their injoying of the same immunities which are and have been heretofore injoyed by the Temporal Barons (†) Camden in Britania and tell me if the Bishops did not sit in Parliament by as good a Title as the Temporal Lords and therefore certainly Essential Fundamental parts of the Court of Parliament By this discourse it may appear that the Bishops Sit and Vote in Parliament by a double capacity as Bishops first in reference to their several Sees and secondly as Peers in regard of their Baronies In both respects accounted one of the three Estates and the first also of the three as from the Premises may be gathered without any great trouble But in so nice a point as this we shall not only build upon general Inferences but particular Evidences And first it is affirmed by Titus Livius in his relation of the Life and Reign of King Henry the 5th That when his Funerals were ended the 3 Estates of the Realm of England did assemble together and declare his Son King Henry the 6th being an Infant of 8 Months old to be their Soveraign Lord (†) Tit. Liv. M. S. in Bibl. Bodl. as his Heir and Successor And three Estates there could not be to perform that service unlesse the Bishops were acknowledged to be one of the number 2ly In the Parliament Roles of King Richard the third there is mention of a Bill or Parchment presented to that Prince being then Duke of Gloucester on the behalf and in the name of the 3 Estates of the Realm of England that is to wit of the Lords Spiritual and Temporal and of the Commons by name which for as much as neither the said 3 Estates nor the persous which delivered it on their behalf were then assembled in form of Parliament was afterwards in the first Parliament of that King by the same three Estates assembled in this present Parliament I speak the very words of the Act it self and by Authority of the same enrolled recorded and approved (†) An. Speed in K. Rich. 3. And at the request and by the assent of the three Estates of this Realm that is to say the Lords Spiritual and Temporal and Commons of this Land Assembled in this present Parliament and by Authority of the same it be pronounced decreed and declared that our said Soveraign Lord the King was and is the very and undoubted Heir of this Realm of England c. And 3ly So it is acknowledged in a (†) 1 Eliz. Cap. 3. Statute of 1 Eliz. cap. 3. where the Lords Spiritual and Temporal and the Commons in that Parliament Assembled being said expresly and in terminis to represent the three Estates of the Realm of England did recognize the Queens Majestie to be their true Lawful and Undoubted Soveraign Leig'd Lady and Queen And in a Statute of the 8th year of the said Queens Reign the Bishops and Clergy are declared to be the greatest Estates of the Realm and called the High Estate of Prelacy in another place It may perhaps be thought unnecessary or impertinent to adde the Testimony and Authority of a private person to that which hath been said by our Laws and Statutes But being it is such a Person as was accounted for the Oracle of Law when he served in Parliament his Judgement may be taken for a creditable and sufficient Evidence in the present Case It is the Testimony and Authority of Sir Edward Coke successively Chief Justice of either Bench who in his book concerning the Jurisdiction of Courts speaks thus of Parliaments (†) Coke of Parl. Fol. 1. This Court saith he consisteth of the Kings Majesty sitting there as in his Royal Politick Capacity and of the three Estates of the Realm viz. of the Lords Spiritual Archbishops and Bishops who sit there by Succession in respect of their Counties Baronies parcel of their Bishopricks which they hold also in their Politick Capacity And every one of these when any Parliament is to be holden ought ex debito Justitiae to have a Writ of Summons Secondly the Lords Temporal Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their dignities which they hold by Discent or Creation and likewise every one of these being of full age ought to have a Writ of Summons Ex debito Justitiae The 3d. Estate is the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Burghes All which are respectively Elected by the Shires or Counties Cities and Boroughs by force of the Kings Writ ex debito Justitiae and none of them ought to be omitted And these represent all the Commons of the whole Realm and are trusted for them So He and this is plain enough beyond all exception Adde hereunto ex abundanti that in all Christian Kingdomes of the Gothick Model there are no more nor fewer than three estates convented at the will and pleasure of the Supreme Prince for their assistance and advice in Affairs of consequence that is to say the Bishops and other Ecclesiastical persons who are alwayes one the Nobles for themselves and the Commissioners for the Commons of their several Provinces For so we find it in the Constitution of the Roman Empire and the Realms of Spain the Kingdoms of France Poland Hungary together with those of Dane mark Sweden and the Realm of Scotland And it