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
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
President of Wales under Hen. 8. Gervase Babington Vice Precident of Wales A. 1597. NORWICH Hen. 2. by a special Commission makes the Bishops of Norwich Winchester and Ely Lord Chief Justices of England in my Authors words Radalphus de Diceto Archi Justitiarios Angliae who there adds Clergymen were pitched upon by the Kings for this employment rather than others for that they were the likeliest persons not to oppress the poor nor to respect the face of the Rich. John Salmon Chancellour A. D. 1319. Robert Baldock Chancellour An. Dom. 1324. John Wakering Lord Keeper of the Privy Seal A. D. 1416. HEREFORD Thomas Cantelupe Chancellour A. D. 1275. Thomas Charlton Lord Treasurer 1329. John Gilbert in the same employment 1386. Thomas Melling of the Privy Counsel to Edw. 4. Charles Booth Chancellour of the Marches of Wales Ann. Dom. 1517. WORCESTER Galfridus Giffard Lord Chancellour of England Ann. Dom. 1267. Walter Reynold first Treasurer then Chancellour of England under King Edw. 2. John Barâ—â—s Lord Treasurer Ann. Dom. 1362. Henry Wakefield Treasurer An. Dom. 1376. Nicholas Heath Lord President of Wales and Chancellor of England under Queen Mary CHICHESTER Ralph Nevil Chancellor of England Ann. Dom. 1222. But Sir Henry Spelman reckons it 1226. who saith he was appointed to that Employment by Parliament John de Langton Chancellor under Edw. 1. and 2. John Stratford Lord Chancellor Ann. Dom. 1360. Adam Molins Clerk of the Privy Council Ann. Dom. 1451. And that very Learned Prelate and industrious Preacher Lancelot Andrews Privy Councellor of England and Scotland under a Prince who knew the worth of Learning and advanced it accordingly ROCHESTER Walter de Merton Founder of that Colledge that bears his name in Oxon Lord Chancellor of England Ann. Dom. 1274. John de Shepey Lord Treasurer Ann. Dom. 1358. OXFORD Hugh Curwyn Lord Chancellor of Ireland St. DAVIDS Adam de Houghton Lord Chancellor of England Ann. Dom. 1376. Lindwood the famous Canonist Lord Keeper of the Privy Seal Ann. Dom. 1440 and a person much employed in Embassies to the King of Spain Portugal c. I might here add several Deans and Arch-Deacons promoted to the same and like Dignities and with industrious Mr. Stow take notice that till the dissolution of Abbies and Monasteries the Prior of Christ Church in London was ever a Member of the Court of Aldermen and that the Dean of Westminster is by his Charter allowed no small interest in the Government of that Neighbouring City But I shall not nauseate the Reader any longer with the repetition of any more antient names but observe as others have done before me that in the Catalogue of Chancellors Recorded in Spelmans Glossery amounting to about 170 near a 100 of them were Clergymen more than all the other Professions put together can make up These then are the Honours which if any humane Testimony can make a thing certain by an uninterrupted Custome equal to Law which Wise Antiquity in the best of times gave them through all the Saxon Danes and Norman times without Controul and Dispute till within these 40 years or thereabout since which England hath groaned under the very great sin of Dispiseing the Embassadors of Christ and with some it hath been no small step to preferment to rail at them to murmure at and decry their advancements for secular ends of their own yea to rank the great Trustees of Souls with the vilest Peasants in the Nation as if there were no better way to shew their Love to their Redeemer and their own Christianity than by hatred to his Servants who conveyed it to them as if men had no other way to manifest their respects to the Majesty of the great God but by powring out contempt and obloquy upon those who represent his Person And thus Corah and his accomplices great complaint and grievance against Moses and Aaron was That they were too high took too much upon them Numb 16. They were advanced and honoured above the rest this was the main Eye-sore but the revengeing hand of God would not then bear it Nay have we not here in England dureing our late and unhappy troubles heard such Language as this nay have we not seen the thing reduced into practise All the Congregation is Holy and one may Preach as well as another Thus would these Sons of Confusion have brought upon us a Munster Confusion and Disorder by taking away the Distinctions of Callings The Wise God we know appointed it otherwise under the Old Testament when every one we know was not admitted to the Priesthood We cannot but think that there were 1000 in Israel who knew how to kill slay and dress a Sheep Ox or Goat as artificially as the Sons of Levi yet none ever attempted it in reference to the Altar without a severe rebuke And was Moses a more Prudent Lawgiver or Steward of Gods house than Jesus Christ the Wisdom of the Father Would it be fuffered in humane Societies in any well regulated Corporation that every man who should conceive himself fitter to discharge an Office manage a Trade Husband an Estate should presently exclude another legally possest of it and invade his propertys grant this and farewell Government and welcome Babel Let me say it once for all ' t is folly for any to expect the prosperity of the Nation whilst the Clergy of it is in Misery a Low and Despicable Condition whilst the sacred Function is deposed nay with black ingratitude revil'd to whose learned labours do we owe the Translation of our Bibles and who as before once was intimated under God were the principal Instruments of delivering us from that Egyptian Darkness our Forefathers sate in Is not this like the Deer we Read of in Plutarch who browsed on that Bush in a Calm he was glad to creep under in a Storm Certainly they are not worthy the Name of Christians or Friends of the Gospel whatever their pretences may be that despise and vilifie the Ministry than which nothing more bespeaks a vile and reprobate Heart We all know that under the Law presumptuously to rise against the Priest was punishable with no less than Death Deut. 17. for these are the Embassadors of the King of Heaven and how sacred such persons were esteemed by the Laws of all Nations all Histories do abundantly Witness 't was the shame of our Neighbour Nation of Scotland the Murder of the late learned Prelate there and that small indignities offered to persons of his Rank have been highly resented the Ammonites are a lasting testimony in the days of King David and prood Corinth was for no other reason burnt to ashes by the enraged Romans Florus CHAP. VI. The Antient Estate of our Bishops and Clergy under the times of the Britains Saxons Danes and Normans VVHat incouragement the Clergy found in the times of the Britons will appear to have been very great if we will but read Arch Bishop Usher de Primordiis Ecclesiae Britanicae through the Series
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.
THE HONOURS OF THE Lords Spiritual Asserted And THEIR PRIVILEDGES To VOTE in CAPITAL CASES IN PARLIAMENT Maintained by Reason and Precedents Collected out of the RECORDS of the TOWER And the Journals of the HOUSE of LORDS Pray for the Peace of Jerusalem they shall prosper that love thee Peace be within thy Walls and prosperity within thy Palaces Psal 122. ver 6 7. LONDON Printed by Tho. Braddyll and are to be Sold by Robert Clavel at the Peacock in St. Pauls Church-yard 1679. TO THE READER T IS not unknown to any in our English Israel that there are yet here amongst us some Remainders of the Men of 42. and that the Disease it self sticks as close to Them and particularly to some eminent Parts of the Nation where they skul and for the present where they make their Refuge for in the Countries they are more easily discovered as the Leprosie did under the Law to the very Walls of the House and it seems to be as hardly removed as that Levitical Distemper which some Naturalists and Physitians say cannot be done but only by Blood and that is the thing which their fingers itch to be at again Witness their late Rebellious Commotions in Scotland which had they taken effect there would not have been wanting these who would have justified them Nay I speak what I know and have heard did excuse them as a poor People Opprest and You know Oppression makes a Wise man Mad especially at this time of the year the Season being a little Hot. I must confess I am no stranger to the Men or their ways having been for many Years last past a strict Observer of them though I thank God I have always and do still from my Heart Abhor and Detest any Confarreation with them or any the least Approbation of their Actings or Principles for I have discovered so much of ill Nature Censoriousness Covetuousness Self-seeking and want of Charity in this sort of Men that it did always give me a great suspition that their Cause was Evil especially reflecting upon the Means which they made use of to carry on their pretended Reformation viz. The throwing down of Episcopacy a Government of Gods Church as Antient in this Nation as Christianity it self the takeing away and Abolishing the best of Liturgies either Ancient or Modern a justified taking up of Arms against their Native Soveraign the Lords Annointed to whom and to whose Ancestors they and their Fore-fathers had Sworn Allegiance the Plundering and Devesting of the Kings most faithfull Subjects of their Goods Estates and for their dutiful adherence to the best of Kings who ever raign'd in this our Isle And lastly the embrewing their Violent Rebellious and Wicked hands in His most Sacred Blood a course which the Moral Heathen would Blash to take to save his Country ready to be Lost and Ruined and yet these men in a Bad Cause to pretend Conscience and Religion which hereto fore Conquered the Heathen World not by resisting though they were able and wanted not Numbers to do it but by their Sufferings for these Men I say to pretend Conscience and Religion Clament Melicerta Perisse Frontem de rebus These are the Men I Confess against whom the following Discourse is aim'd For I very well know that it lies not in the Power or Wit of these though they gladly would and do flatter themselves perhaps in this their Folly that they may be able to Cajole any Persons of Loyal Hearts or Principles to take part with or appear against the Bishops in the present Controversie No Gentlemen believe it you smell too strong and you are too well known and I can never believe the contrary till I see you perswade them to carry in once more their Plate to Guild-Hall for the Carrying on Your Vnholy Cause or to shut up their Shops as you know who did heretofore and go with you to Releive Glocester Atqui parvas spes habet Troja si tales habet And so I Refer the Reader to the Perusal of the Book THE HONOURS AND RIGHTS OF THE CLERGY ASSERTED And PRIVILEDGES of the BISHOPS To VOTE in Capital CASES in Parliament VINDICATED c. CHAP. I. The Honour of the Priesthood asserted by the Law of Nature and Levitical Law the Immumunities thereof under Primitive Christianity The returns of Gratitude to God for the Blessings and Labours of the Ministers thereof in the Reformation of the Church in the last and present Age wherein we Live together with some close Reflections thereupon REligion a thing so Excellent that to be careless in it or neglectful of it is accounted a great disreputation and shame to any Party or Person hath ever had since there were Professors of it and that is so long as there have been men in the World a select number of Persons who have been the Ministers of it These men dureing the first times and the Administration of the Law of Nature were the First Born and they both Princes and Priests too so that the Administration of Justice and the Performance of Religious Worship we find then to have been linked together in one and the same Person Adam Seth Enoch and Noah and other the Antediluvian Patriarchs were in their Order and Succession both Kings and Priests also as any person may be satisfied if he will peruse those Writers of the Jewish Antiquities Philo and Josephus Afterwards when the Law was given by positive Precepts to the Sons of men one of the Twelve Tribes viz. that of Levi had the Priesthood annexed to it together with other great Immunities Honours and Priviledges and in the division of the Land of Canaan if Mr. Seldens Authority may sway any Rev. Hist Tithes c. 2. they of Levi had near three times the Annual Revenue of the largest among them they had their Places and Voices in their Sanhedrims and Councils yea and Cognizance of Capital Causes also as we may find largely proved by the Learned Spelman in his History of Sacriledge What sense the very Heathens themselves had of the Honours of their Priesthood it would be very tedious to relate The Priesthood was not esteemed any shame to him that bore the Scepter and wore the Crown In Egypt as Sr. John Marsham in his Cronic Canon well observes those Ancient Kings after the Flood Thoth or Mercurius Tosorthrus or Aesculapius Suphis the Builder of the greatest of the Pyramids were Kings and Divines too See him at large c. ad Sec. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nay in the first Ages of the World the Legislative and Executive Power went along with the Priesthood Melchizedeck Abraham and Jacob after the Flood as well as the Antediluvian Patriarchs were as well Executors as makers of Laws Let us peruse the Holy Records and we find David a King and a Prophet his Son Solomon the wisest of mortal men stileing himself by the name of the Preacher and valuing himself more upon that name then upon the score of his
Solis Levitis Sacerdotibus constaret That as near as might be the endeavour was it might consist only of Priests and Levites whence Josephus and Philo oftentimes under the Title of Priests understand the Sanhedrim Come we down to David whose Government was a Pattern to all his Successors his Reign was peaceable and flowrishing nor did he want States-men of the most raised abilities for his employments Yet did not this Wise this Holy Prince think it inconsistent with the Sacred Function which yet St. Austin tells us in some respects Operosius Ministerium than that of the Gospel to engage Levites in his weightiest secular Charges For we find Hathaliah and his Brethren appointed Officers on this side Jordan not only in the business of the Lord but in the Service of the King And Jerijah another in Holy Orders is made Plenipotentiary or Ruler over the Reubenites the Gadites and the half Tribe of Manassah in every matter pertaining to God and in the affairs of the King likewise 1 Chron. 26. 30. 32. Nor was he singular in it but was Imitated by good Jehosaphat who made the Priests and the Levites Judges of all the Controversies in Israel not excluding matters of Blood 2 Chron. 19. 8 10. Now run over the Catalogue of all the Kings of Israel and were any to be paralled with these I am sure that none went beyond these none whose Government did more prosper with Righteousness Justice and Tranquility And though under the rest of the Kings we have no express mention of the same practice yet all things considered we have more reason to conclude it held than the contrary for we find Jehoiada the Priest chief Counsellour to Joash 2 King 11. And if we look into after times at the Babylonian Captivity the Priests command all and possess the Scepter for some Hundred of years for the Assamonaean Race continued absolute Princes till Pompeys Conquest Joseph l. 13. c. 9. We may further add that many Civil Causes are by name reserv'd to the Levical Cognizance as the Inquisition for Murther false Witness c. Deut. 21. And yet after all the Preachers of the Gospel do not hence draw arguments that they are chiefly and solely to be instructed with these great and Important Ministeries but I do on their behalf averr and will be ready to prove and maintain That a fit allowance being made to the difference of Times and Persons the model prescribed by God himself under this Levitical Administration may safely be followed now in some things and those no Circumstantials also But leaving Moses let us come to Christ and see how matters stood under the Gospel here though we have no instances of Honours conferr'd by our Saviour upon his Apostles yet have we Prophesies that after the publication thereof Kings should become the Nursing Fathers of it and that the feet of those that brought the glad tydings of Peace should be Beautiful upon the Mountains which Mr. Calvin applyeth to the Bounty and Munificence of Princes to the Church Isa 49. But for the first 300 years What could rationally be expected from the professed Enemies of Christianity no other honours than cruel Persecutions whilst the persecuting fury lasted whilst they were burnt in usum nocturni luminis as Tacit. the Historian hath it The ordinary sentence was Toeda lucebis in illa Qua stantes ardent fixo gutture fumant Juven But no sooner was Gentilism abolish'd but we have a new and smiling face of Affairs under the happy Reign of Constantine the Churches great Patron as well as the Clergies Friend And henceforth the Primitive Piety was not wanting who thought no Honours or Powers misplaced upon their Spiritual Fathers for whom they judged nothing too dear All Histories ring of Constantines kindness to his Clergy by whom the most weighty Affairs of his Empire dureing his time was most happily transacted and that most of his Successors wrote after his Copy will appear by what follows for it were very easie to muster a little Army of Fathers engaged in Secular Employments We read Zozomen l. 6. c. 32. that Epiphanius Bishop of Cyprus a Person of singular vertue prudence and piety 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a man busied in Political matters Theodoret reports l. 2. c. 30. that one Jacobus Bishop of Nisibis or the Mygdonian Antioch was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Bishop Governour and Captain of the same City In Baronius A. 610. I find that John Patriarch of Alexandria was accustomed to sit twice a Week and Judge between those that were at variance and to reconcile them and once when none came to him he departed weeping That all that day he had done no good but Sophronius replyed That he had more cause of rejoycing than of Weeping for having brought the City to such good Order and to so great Peace that they were more like Angels than men having no differences left but were all in friendship and amity A rare Example to the Immortal Fame of an Exclesiastical Judge We all remember that Sir Thomas Moore commanded it to be scored up as a wonder That he had once been able to clear the High Court of Chancery from Suites and not one cause to remain unheard But here we have a Populous City hardly short of any in our Nation by the pains of a good Bishop without any charge to the Litigants reduced to a perfect unity within it self But wee will pass over such obscure Names whom it were endless to reckon up and Select only a few whose eminent Labours have Eternized them to posterity and begin with St. Ambrose who flourished A. C. 378. and to his Conduct and Government was the great City of Milan entrusted so that St. Austin Conf. l. 6. c. 7. Complains that he was a long time kept from access to him Secludentibus me ab ejus aure atque ore Catervis negotiorum hominum quorum infirmit atibus serviebat He had whole troops of Suiters about him to dispatch their worldly business The next shall be that great Affrican Light St. Austin who Ep. 147. hath this passage Homines quidem suas saeculares causas apud nos finire capientes dum iis necessarii fuerimus sit nos Sanctos Dei Servos appellant ut negotia terra suae peragant aliquando agamus negotia salutis eorum non de auro non de argento non de fundis pecoribus pro quibus rebus quotide submisso capite salutamur ut dissentiones hominum terminemus He saith he was every day sollicited to make up some breaches about Gold Silver Land Cattel c. And yet where have we found a more Faithfull and Assiduous Preacher and Pastor than this good father Were any more engaged in contests with Hereticks or any that left a larger Legacy of his Learned Labours to the Church I dare challenge any before or since the Churches Reformation who have done the like and who will say that the good Father had mispent
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