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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

Parliament assembled and by the authority of the same ordaineth establisheth and enacteth that from henceforth the same evection and making of the same Duke and all the Names of dignity to the said George or to Iohn Nevil befor henceforth void and of none effect c. And much more the Lord Cook addeth to the same purpose as also York the Herald pag. 223. The late Lord Brook who was slain at Lichfield when he was ready to batter the Cathedral Church in his book against Bishops speaking much against them and magnifying the Temporal Barons saith that though their Honours are derived from the King yet being once made Lord their Honour is vested in their blood and cannot be taken away but his Lordship was not learned in Law or Herauldry He might have taken notice what Lord Bacon saith in his Apopthegmes That blood is no better then the blood of a black Pudding that wants Fat and Suet Honour is vested in the lands Mannors and Revenues which when they are lost and gone farewell Honour and Title Edward Lord Cromwell Grandchild to him that spoyl'd the Church sold the head of his Barony Oukham in Rutland and wasting his whole estate left himself as little land in England as his Grandfather left to the Monasteries by the Feudal Law his Barony is lost The last Edward Lord Zouch who dyed 1. Caroli who was a very great Baron anciently sold the Head of his Barony Haringworth in Northampton-shire and all the Lands which he had insomuch that Henry Howard Earl of Northampton said He was a Baron sans terre Whereupon he bought again some other lands but having no Sons his Barony his extinct Henry Daubeny Earl of Bridgewater created 20. Iuly 30. H. 8. dyed without Issue Anno ... Edw. 6. and so his Name Family and Dignity extinct This Earl was reduced to that extream poverty that he had not a servant to wait on him in his last sicknesse nor means to buy Fire or Candles or to bury him but all was done for him in Charity of his Sister Cicely married to Iohn Bourchier the first of that name Earl of Bath Many more might be alleadged but these are enough to shew that when Lords have lost their Lands and Revenues then they are not fit men to fit and vote in Parliament and many there are who though no● wholly impoverished yet so decayed that they are not so fit as the Bishops to be present in Parliaments who if they might have enjoyed their ancient Lands and Mannors were indeed the most able and worthy to be Members in Parliament both in regard of their great estates and their Knowledge and Learning in all kinds far beyond the Temporal Lords Lastly Whereas Dr. Burgesse saith the Bishops are Barones Ele●mosynarii and would thence infer that they are but as Arbitrary Almsmen like the poor Knights of Windsor who may be abated or taken away at pleasure This is but a spightful inference upon the bare word Eleemosyna without the true sense of it For as the Learned Glossary sheweth Barones Eleemosynarii apud Stanfordum in jure nostro dicuntur Archiepiscopi Episcopi Abbates Priores qui praedia suae Ecclesia a Rege tenent per Baroniam Baronias etiam suas ex Eleemosyna Regum perhibentur accepisse licet ipsa praedia aliorum saepe munificentia consequuti fuerint And sometimes not only by the gift of other noble persons but also themselves did buy and purchase many Mannors and Lands conferring them on their Successours and being so bought they cannot in justice be taken away as if all had been given by the King and others as meer Alms. Lanfranck Arch-bishop of Canterbury bought and recovered 25. Mannors and left them to his Successors Harvey the first Bishop of Ely in the time of Hen. 7. bought and left many Mannors to his Successors and so likewise did many other Bishops enriching much their Bishopricks and leaving besides many testimonies of their piety by building Colledges and Hospitals And other good works to the benefit of all men They founded also almost all the Colledges in both Universities to their eternal honor so long as Learning shall flourish in this Kingdome CHAP. VI. Concerning the Legislative power and Votes of the Bishops in making Laws Concerning the Statute 11. H. 7. Whereby Empson and Dudley proceeded and what great Treasures they brought to the King Calvin and Beza at Geneva were Members of their Chief Council of State consisting of 60. and so many Bishops in England be Members in Parliament King David appointed Priests and Levites in all Courts of Iustice. The Clergy had many priviledges as Lord Cooke sheweth upon Magna Charta 2. Instit. pag. 2 3. Ambition and Covetousnesse of the Presbyterians the principal cause of all our Troubles BUt concerning the Legislative power and Votes of Bishops in making Laws to regulate the Kingdome and to preserve peace and justice among all sorts of men there is not to be forgotten an ancient Law of King Athelstan Concil pag. 402. c. 11. That worthy King in his Laws hath one De Officio Episcopi quid pertinet ad Officium ejus Episcopo jure pertinet omnem rectitudinem promovere Dei scilicet ac seculi imprimis debet omnem ordinatum Dei instruere quid ei jure sit agendum quid secularibus judicare debeat Debet enim sedulo pacem concordiam operari cum seculi judic●bus qui rectum velle diligunt in compellationum adlegationem docere ne quis alii perperam agat in jurejurando vel in ●rdalio Nec pati debet aliquam circumventionem injustae mensurae vel injusti ponderis sed convenit ut per Consilium Testimonium ejus omne legis scitum Burgi mensura omne pondus ponderis sit secundum ejus institutum valde rectum Ne quis proximum suum seducat pro quo decidat in peccatum Et semper debet Christianus providere contra ●mnia quae praedicta sunt ideo debet se magis de pluribus intromittere ut sciat quomodo grex agat quem ad Dei manum custodire suscept ne diabolus eum laniet nee malum aliquid super seminet c. Christianis omnibus necessarium est ut rectum diligant iniqua condemnent saltem sacris ordinibus evecti justum semper erigant prava deponant Hinc debent Episcopi cum secularibus judicibus interesse judiciis ne permittant si pessint ut illius culpa aliqua pravitatum germina pullulaverint Et sacerdotibus pertinet in sua diocaesi ut ad rectum sedulo quemcumque juvent nee patiantur si possint ut Christianus aliquis alii noceat non potens impotenti non summus infimo non praelatus subditis non dominus hominibus suis vel servis aut liberis molestus existat secundum Episcopi dictionem per suam mensuram convenit ut servi testamentales operentur super omnem

And the two Arch-bishops of Canterbury and York had place of any great Temporal Lords Dukes Earls and Marquesses or great Officers as appears by the Statute of 31. Hen. 8. c●p 10. and Lord Cooke 4. Instit. pag. 361. and to what end should they hold such priviledges and places of Honour in Parliament unlesse they had the right and power of voting in all Cases unlesse in cases of blood and all our ancient Parliaments and Statutes do fully reckon the Lords Spiritual in the first place and then the Lords Temporal and lastly the House of Commons These being the three estates in Parliament but the Kings person doth not make one of the three estates as some of late have affirmed but Lord Cook the great Oracle of our Common-Law doth otherwise account 4. Instit. cap. 1. Shewing of what persons the Parliament consisteth This Court consisteth of the Kings Majesty sitting there as in his Royal politick capacity and of the three estates of the Realm viz. First Are the Lords Spiritual Arch-bishops and Bishops being in number 26. who sit there by Succession in respect of their Counties or 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 2. The Lords Temporal Dukes Marquesses Earls Uiscounts and Barons who sit there by reason of their dignities which they hold by Descent or Creation in number at this time 106. and likewise every one of these being of full age ought to have a Writ of Summons ex debito justitiae 3. The third estate is the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Burroughs All which are respectively elected by the Shires or Counties Cities and Burroughs 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 trusted for them and are in number at this day 493. In the beginning Romulus ordained a hundred Senators for the good Government of the Common-wealth afterwards they grew to 300. and so many were of the House of Commons in Fortescues time cap 18 fol. 40. as Lord Coke alledgeth him How the number of the Commons is increased to 500. or more let them inquire that please perhaps the number of Burgesses of Corporation and some Towns which the Kings have lately allowed to come unto the Parliaments may be a reason of their great increase Lord Coke saith that anciently when the Parliaments were holden at Westminster the Commons ●ate in the Chapter-House of the Abbot of Westminster and the Common Chronicles do mention that heretofore in the time of H. 8. The Commons sate in the Black Friers where there were many large Chambers and Rooms But since the distinction of Cottages and free-Chappells 1. Ed 6. c. 14. The Commons sit in the ancient and beautiful Chappel of St. Stephens Abbey founded by King Stephen so that they now sit in the Temple of God The learned Montague against Selden cap. 1. pag. 290 saith that Sedet in Templo Dei may be understood either Materiraliter as the great Turk doth whose palace is that which sometimes was the chief patriarchal Church built by Iustinian the Emperor the Church of sancta Sophia or spiritualiter taking it for contra Ecclesiam Dei by persecuting Christians in quantum Christians for that they profess the name of Christ Jesus who are the living Temples of the Holy Ghost c. The Bishops presence and voting in the Parliaments may well seem necessary in these times when the Parliament doth undertake to determine Controversies of Religion of the greatest difficulty as of predestination absolute Reprobation universal Grace Free-will and final perseverance Sir Iohn Eliott and Iohn Pym zealous men in Religion would not yield to the King 40 Caroli Tunnage and Poundage till they had first setled Religion touching the points of Ariminianisme they accounting that Arminius was an upstart Heretick very dangerous to the truth as Rushworth relateth in his Collections p. 659. Now if Parliaments will undertake to dispute and determine such great and difficult points of Religion as of Predestination absolute Reprobation universal Grace Free-will and final perseverance It is fit that the learned Bishops should have power to vote in such difficult matters of so great Concernment as well as any Members of the House of Lords or Commons for it is well known that many of the Bishops are men of excellent Learning judgement and abilities as being long trained up in the Universities and some of them publick professors reading Lectures in Diuinity and Heads of Colledges that they might be well informed concerning these points or any other better then Sir Iohn Eliott or Iohn Pym or any other Member of the House of Commons whosoever he be or of the House of Lords whereof very few are learned or expert in the difficult points of Gods Decrees And whosoever is wise and sober will be willing to refer these matters to the Convocation who are a part of the Parliament and have the same priviledges as other Parliament men have as Lord Cook sheweth 4. Instit. cap. 74. pap 322. c. And their proper office and duty is to debate of matters of Religion of Heresies Schismes and other like matters as Lord Cook sheweth very fully The Bishops being the principal men that Reformed our Religion made the 39 Articles both the lesser and greater Catechism Common Prayer Book and the Book of Ordination the Homilies and whatsoever else hath been setled in Religion so that they are most necessary and fit to be present in all Parliaments Dr. Burgesse having written an examination of the reasons asserted by Bishop Hall and Archbishop Williams of York And this Author having written against his examination of the reasons the Doctor made a further Reply Wherein he saith pag. 5. that if it can be made good that in the * Wetten-Gem of the Saxons the Bishops exercised a legislative power in voting of laws as our Bi●hops have done in Parliaments the Examiner must provide him another Advocate for my part I must yeild the cause I hope it appears clearly by that is here alledged out of good Authority that the Bishop had a legislative power in voting and therefore by his own confession he must yeild the cause and contend no farther about it There is one reason further to be considered why the Bishops might well be of great Authority in all Parliaments and publick Assemblies and that is by reason of their Learning and Knowledge in languages and matters of Law and policy which they got by travail into forraign parts for most of them in their youth were bred in the English Colledge at Rome which was built and endowed by the Kings of England Ina and many others after him for the education of Learned Scholars sent