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 noâ— 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 Eleâ—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 judicâ—bus qui rectum velle diligunt in compellationum adlegationem docere ne quis alii perperam agat in jurejurando vel in â—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 â—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
AN APOLOGY FOR The Ancient Right and Power OF THE BISHOPS To SIT and VOTE IN PARLIAMENTS As the first and principal of the three Estates of the KINGDOME As Lord Coke sheweth 3. Institut C. 1. and other both learned LAVVYERS and ANTIQUARIES as Camden Spelman Selden and many others 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. London Printed by W. Godbid for Richard Thrale at the Crosse-Keyes at St. Paul's gate entring into Cheape-side 1660. To the READER DOctor Williams Lord Arch-bishop of York made an accurate Speech in Parliament to defend the rights of the Bishops and the learned Bishop Hall made an abstract of his reasons against which Doctor Burgesse published an Examination wherein there is little material if once the principal doubt be cleared whether Bishops had anciently Votes in Parliament and were Barons or that which is equal or superiour unto Barons being accounted Thanes in the times of the Saxons before the Conquest which I hope is so fully cleared in this following discourse as there will be little question remaining Though Parliaments began as our Histories shew long after the Conquest in this manner as now they are held yet they had Assemblies Gemots of the Estates and principal nobility whereof the Bishops and Clergy were alwayes an eminent party according to the Laws and Custome of those times and equivalent in authority to our Parliament They had several Gemots as the first was Wittena-gemott idem apud Anglo-saxones fuit quod apud nos hodie Parliamentum parumque a Folkmotto differebat nisi quod hoc annuum esset è certis plerumque causis illud ex arduis contingentibus legum condendarum gratia ad arbitrium principis indictum In Folckmotto semel quotannis sub initio Calendarum Maii tanquamin aâ—nuo Parliamento convenere Regni principes tam Episcopi quà m Magistratus liberique homines Iurantur laici omnes coram Episcopis in mutuum faedus in fidelitatem in jura Regni conservanda Consulitur de communi salute de pace de bello de utilitate publica promovenda c. Sciregemott si pluries opus non esset bis solummodo in anno indicebatur Aderat provinciae Comes aderat Episcopus aderant Magnates omnes Comitatenses Episcopus jura divina enuntiabat vindicabat Comes secularia alter alteri auxilio De causis hîc cognitum est tam criminalibus quam civilibus sed jurisdictiones postea separabat Gulielmus primus videtur hoc idem fuisse quod olim Turnum dicemus Vicecomitis non minus quam hodie nunc dicitur bis in anno tenebatur aderant que omnes unà comitatus magnates Teâ—itiâ— liberi Many other Gemots and Meetings they had but in all these publick Gemots the Clergy were principal members as appears by the laws of King Edgar Cap. 5. Gemottis adsunto locii Episcopus Aldermannus hoâ— est Comes doceatque alter jus divinum alter jus saeculare Thus the learned Glossary sheweth out of whom it was necessary to shew the several assemblies then in use that we need not contend about the French word Parliament which came in use about the time of Hen. 3. But whatsoever their Assemblies were the Bishops were alwayes principal members thereof and though once in 25. Edward 1. there is mention of a Parliament at St. Edmunebury whereby the Clergy were excluded for denying of money which they refused to grant by reason of a prohibition from Pope Boniface in regard of many Levies latel yraised upon the state Ecclesiastical As of later times there was a Parliament once held without Lawyers in 6. Hen. 4. at Coventry as both our Histories do testifie and also the Kings Writ directed to the Sheriff whereof the words are Noluâ—us autem quod in seu aliquis alius vicecomes Regni nostri praedicti aut Apprenticius aut alius homo ad legem aliqualiter sit electus Vnde Parliamentum illud laicorum dicebatur indoctorum quo jugulum Ecclesiae atrociâ—s petebatur as alearned Author saith Yet I hope notwithstanding the inconsiderate zeal of this Examiner our Histories shall never be blemished with such a reproach as to report the loss or defect in Parliament of either learned Clergy or Lawyers to direct and assist in whatsoever matters are proper to their faculties and the publick welfare of the Kingdome The most Accurate History of the ancient City and famous Cathedral of Canterbury being an exact Description of all the Rarities in that City Suburbs and Cathedral together with the Lives of all the Arch bishops of that See Illustrated with divers Maps and Rigâ—res Published by Will. Somner Author of the late Saxon Dictionary 4to And is to be sold by Richard Thrale at the Crosse-Keyes at Paul's gate entring into Cheape-side The Contents of the several Chapters CHAPTER I. COncerning Government Ecclesiastical and Civil in the state of nature from Adam till Moses which was about 2500 years the same person was both chief Magistrate and also Priest unto God CHAP. II. The government of the Church and State of Israel by Moses and Aaron and their Successors until Christ about 1500 years That there was not then two several Iurisdictions the one Ecclesiastical the other Civil CHAP. III. Concerning the Union of the Courts of Iustice in the time of the Saxon Kings after they were converted to the faith The division of the Courts being brought in by William the Conqueror as appears by his Statute CHAP. IV. Concerning the Honour and Dignity of Bishops in the time of Saxons and so continued to these times CHAP. V. Concerning Barons and the title thereof and how the Bishops became Barons being no addition of honour to them but inforced upon them by the Conqueror and since continued to this day 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 may Bishops in England be members of Parliament King David appointed Priests and Levites in all Courts of Iustice. The Clergy had many priviledges as Lord Coke sheweth upon Magna Charta 2 Instit. pag. 2 3. Ambition and Coveteousness of the Presbyterians the principal cause of all our troubles CHAP. VII In the first frame of our English Common wealth the Bishops in every Diocess were the principal Iudges The Charter of William the Conqueror for dividing the Courts The Statute of Circumspecte agatis 13. Ed. 1. and Articuli Cleri 9. Ed. 2. appointing what
the Judges But Ministers have no remedy to help themselves there being none of the Clergy upon the Bench in any authority CHAP. II. Of the Government of the Church and State of Israel by Moses and Aaron and their Successors until Christ about 1500 years That there were not two several Iurisdictions one Ecclesiastical the other Civil WHen God delivered his chosen people out of Aegypt and conducted them through the Wildernesse towards the promised Land of Canaan He began first to publish his Law And by Moses delivered them many Laws in Five Books Whatsoever Lawes he gave either moral ceremonial or Judicial they are all contained in the Five books of Moses and no man could better understand them then the Priests and Levites For God made his Covenant with Levy of Life and Peace The Law of Truth was in his mouth The Priests Lips should preserve knowledge and they should seek the Law at his Mouth Mal. 2. 5 6 7. and so Ezekiel 44. 23. They shall teach my people the difference between the Holy and prophane and cause them to discern between the unclean and the clean and in Controversie they shall stand in judgement and they shall judge according to my Iudgements and they shall keep my Lawes and my Statutes in all mine Assemblies They being the principal Judges and Lawyers in that Common-wealth of Gods own Constitution And whereas it is now granted on all hands that there were three Courts of Justice in that Kingdome 1. The great Council of the 70. Elders 2. The Court of Judgement which was in in every good Town where there were many families 3. The Court of three or some few more The Priests and Levites were principal men both Judges and Officers in all Courts Scophtim Scoterim as 1. Chron. 23. 4. both to give sentence and judgement and also to execute the same So the Divines do affirm in their late Annotations upon 1. Chron. 26. 29 30. 2. Chron. 19. 8. 11. They did study the Judicial and politick Laws and had power to see the Law of God and Injunctions of the King to be observed and to order divine and humane affairs And they held also other honourable offices for we read that Zechariah a Levite was a wise Counsellour and Benjah a Priest Son of Iehojadah was one of Davids twelve Captains being the third Captain of the Host for the third month and in his course consisting of 24000. was his Son Amizabad Benjah also was one of Davids principal worthies having the name of the three mighties He was also Captain of the guard to David and after the Death of Ioab he was made Lord General of the Army by King Salomon in Ioabs room 1. K. 2. 35. It is recored 1 Chron. 26. 30. That of the Family of the Hebronists Levites there were a thousand and seven hundred Officers on this side Iordan westward in all businesses of the Lord and in the service of the King and two thousand and seven hundred chief Fathers and men of valour whom King David made Rulers over the Reâ—bonists the Gaditeâ—s and the half Tribe of Manasses for every matter pertaining to God and affairs of the King v. 31. 32. Whereby it manifestly appears that the same Judges and Officers being Priests and Levites most of them did hear and determine all sorts of causes pertaining to God and affairs of the King both Ecclesiastical and Temporal so that there was not several Courts the one Ecclesiastical and the other Civil as in these times some do affirm too peremptorily according to the Common practise and usage of these days as Godwin in his Moses and Aaron lib. 5. Beza Iunius and divers others with the Kirkmen of Scotland lately Rutherford Gillespie Baily and others So also the Papists generally who that they may establish the Popes Supremacy above Kings and their Common-laws do affirm that Regimen Ecclesiasticum est distinctum a politico as Bellarmine de Romano pontifice lib. 1. cap. 5. so our zealous party for the like ends and reasons would maintain a Government in the Clergy seperate from and independent upon the Civill Magistrate and such as ought to be directed and ruled only by the word of God and his Spirit ruling as they suppose in their classical Assemblies where they think the Throne of Christ is only to be advanced and all his holy Ordinances put in execution Whereas the King is Custos utriusqne tabulae and the Supremacy in causes Ecclesiastical as well as Temporal is acknowledged by our Statutes and annexed to the Crown For Execution thereof an Act was made 1. Eliz. cap. 1. But if the Statute had not been made to annexe the Supremacy to the Crown yet as the Lord Cook saith 4. Instit. p. 331. King Iames hath and Queen Elizabeth had before him as great and ample Supremacy and Jurisdiction Ecclesiastical ase ver King of England had before them and that had justly and rightly pertained to them by divers other Acts and by the ancient Law of England if the said clause of annexation in the said Statute 1. Eliz. had never been inserted But Iohn Pym in his Speech in Parliament 4. Caroli as Rushworth hath it in his late Collections saith that the high Commission was derived from the Parliament As if the Parliament gave the King the Supremacy as a gift of their own and that it was not vested in the Crown but as they gave it so they may take it away when they please and suppresse the Court of high Commission as they have done The duty of the Court was to reform and correct all Heresies Schismes Abuses Offences Contempts and Enormities But now upon Suppression of the Court all Heresies and Schismes in the world are broke out and such abominable abuses offences and enormities as never were known in this Kingdome with allowance and toleration This follow 's upon the new light and doctrine of Iohn Pym and all the rest of the Presbyterians who have stirred up all these troubles and of late they called the House of Commons the Supream power of the Nation in all Addresses and Petitions made unto them It was a great Error of Calvin and Beza and many others that follow them to affirm that there was one Court Ecclesiastical and another Civil in Israel Calvin upon Ieremiah 19. 1. pag. 152. saith Scimus duos fuisse ordines publicos vel duplex regimen ut loquuntur sacerdotes erant praefecti Ecclesiae nempe quoad legem ita ut spiritualis esset eorum gubernatio erant seniores populi qui prae erant rebus politicis utriusque vero quaedam inter se communio Calvin understood only the plain Hebrew not the Rabbins and Talmud nor the Jewish Antiquities Therefore in several places he is mistaken as upon Numb 11. 17. Where God appointed first the 70. Elders to be joyned as Assistants to Moses He doth interpret the Text I will take off the Spirit that is upon thee and put
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. câ—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 â—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 Biâ—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
thither out of England there being then no Universities neither Paris nor Padua nor Oxon nor Cambridge Only Rome was the principal place for Learning in these Western parts and therefore our Saxon Kings built the Colledge there for English Scholars and purchased Lands in Italy for the maintenance thereof and also gave the Peter-pence for their better allowance and encouragement which as Mr. Fuller accounteth in his late History was the sum of seven thousand and Five hundred pounds The Peter-pence was given not as a Tribute to the Pope as our Common-Chronicles do grant it and Polydor Virgilius and Baronius but as a stipend to maintain the English Colledge As Spelman sheweth clearly upon the word Denarius St. Petri which Doctor Burgesse might have observed better and not have yeilded it to the Tribute paid to the Pope as he doth grant it pag. 18. of his Reply King Henry the eighth and those about him had forgotten the true use of them and therefore in the Tempest of his Indignation swept them away among other superstitious things in a Statute but it might have been justly continued for the first intention and purpose to educate learned men beyond Seas to learn the Civil and Common Law and forraign languages also matters of State who upon their return home after some seven or eight years would deserve best to be preferred to publick places in Church or State The Kings of England well knowing the necessity of such learned men did anciently and of late send some choice Scholars out of either Universities to forraign Countries as Cambden observeth speaking of Sir Thomas Smith Anno 1577. Annis maturior selectus ut in Italiam Regiis impensis mitteretur ad nostra enim tempora nonnulli adolescentes optimae spei ex utraque Academia ad uberiorem ingenii cultum Regum sumptibus in exteris Regionibus alebantur So was Cardinal Pool in his younger years sent abroad by Henry the eighth Sir William Paget Sir Thomas Smith Sir William Peters and Sir Iohn Mason these two having been fellows of All-Souls Colledge in Oxon but being further bred abroad in forraign Countries they gained great experience and wisdome and were made either principal Officers or Secretaries of State at their return home and were principal men about the King for Counsel and disputes of businesse and guided the Kings Counsels in affairs of most importance Education in our own Universities at home is not sufficient to enable men for all publick places and offices under a King It is well known that learned young men of the best sort in the Universities being sent abroad to travail when they come home are commonly men of far better abilities then such as have only stayed at home as of late years Sir Edwin Sandys Sir Isaac Wake Sir Iohn Digby Sir Clement Edmond and Dr. Bryan Duppa now Bishop of Salisbury both these having been fellows of All-Souls Colledge and Docter Duppa specially chosen to be the Princes Tutor having been bred a Civilian in his Colledge and eminent besides for all polite Literature and proctor of the University and afterwards travailing into France and Spain upon his return home it was not long before King Charles took special notice and made choice of him for the instruction of his three Sons who are now the most accomplished Princes in Christendome notwithstanding the late disturbance and Rebellion of these present times and are likely to prove the most renowned when the present troubles shall be composed Education goes beyond nature as Aristotle sheweth 1. Ethic. Good instruction and learned Education doth add those perfections which cannot be obtained with ordinary helps and by such men as know only their own native Country and Climat The opposition that some men make against the Votes and presence of the Bishops in Parliaments and other places of Office and imployment under the King doth arise from that false principle that jurisdiction Ecclesiastical and civil ought to be distinct and separate both for persons and their imployments Which is already here confuted it being one grand error of Calvin and Beza with divers others that follow them too closely in all opinions as if they had been men free from error Our Bishops in ancient times were most part Lawyers learned in the Civil and Canon Laws and thereby also knowing much in the Canon Law and therefore they were the chiefest Judges of the Land in all Courts of Justice as Spelman sheweth in his learned Glossary for 200 years after the Conquest reckoning the Catalogue of the great Lord cheif Justices being most part men of the Church pag. 409. 410 c. and so pag. 131. Fungebantur antique cancellariatus dignitate viri tantum Ecclesiastici Episcopi qui praeterea Curam gerebant Regiae capâ—llae repositaque illic Monumenta Rotulos Recorda vocant sacra custodia tuebantur c. And so also Lord Cook sheweth 1. Instit. lib. 3. pag. 304. B. In ancient time the Lord Chancellour and Treasurer were most part men of the Church yet were they expert and learned in the Laws of the Realm as for example in the time of the Conquerour Egelricus Episcopus Cicestrousis viz. Antiquissimus in legibus sapientissimus Nigellus Episcopus Eliensis Hen. 1. The saurarius in temporibus suis incomparabilem habuit Scacarii scientiam de eadem scripsit optime Henricus Cant. Episcopus H. Dunelm Episcopus Willielmus Episcopus Eliensis G. Roffensis Episcopus Martinus de Pateshall Clericus Decanus divi Pauli London constitutus fuit capitalis Iusticiarius de Banco c. Willielmus de Raleash Clericus Iusticiarius Domini Regiâ— Iohannes Episcopus Caliolensis temp H. 3. Robertus Passelew Episcopus Cicestrensis temp H. 3. Robertus de Lexinton Clericus constitutus sapitalis Iusticiarius de Banco Iohannes Briton Episcopus Hereford Henricus de Stanton Clericus constitutus fuit capitalis Iustic ad placita With many others So also Selden affirmeth in his Notes upon Fleta Sir Iohn Eliott in his Speech in Parliament confesseth that there are among our Bishops whose profession I honour saith he such as are fit to be made example for all ages who shine in vertue and are firm for our Religion c. as Rushworth relateth in his Collections pag. 661. If Bishops be so eminent that they shine in vertue certainly they are fit men to be present in Parliaments for Parliaments ought to consist of such men as shine in vertue as are firm for Religion A Learned Knight and Courtier writing an answer to Sir Anth. Welden his Pamphlet entituled the Court and Character of King Iames pag. 178. where he speaketh of the preferment of Doctor Williams to be Lord Keeper of the great Seal sheweth That former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-men they best knowing a case of Conscience And anciently the civil Law was always judged by the Ministers of the Church and
confidebant orationibus quam armorum defenâ—ionibus The Prince and People did rely more upon the prayers of the Church for their deliverance and help then upon any arms that they could raise though the necessity of those times was very urgent burdensome and desperate But there is no such Piety Mercy or favour now shewed to the Churcâ— or any part of the Clergy But their Estates Lands and Revenues are the first that are seised on sequestred sold and disposed to raise money for the maintenance of War and paiment of Souldiers Gothes and Vandals Scots and Redâ—hanks as errand Philistines as ever came out of Gath and Askelon And all particular ministers of every Parish though they loose not all their Tythes yet they are taxed in a greater proportion then any Lay men and many Shires petitioned the Parliament to take away Tithes and it was debated also in the Rump-Parliament to take away Tythes and the Lands of both Universities to maintain Soldiers and their Charges which are so excessive and outragious Hanc libertatem teâ—uit Anglorum Ecclesia usque ad tempus VVillielmi junioris c. VVilliam Rufus was the first that inforced this payment on the Barons and the Clergy Concessum est ei non lege statutum neque firmatum sed habuit necessitatis causa ex unaquâ—que hyda quatuor solidos Ecclesia non excepta quorum dum fiereâ— collectio proclamabat Ecclesia libertatem suam reposcens sed nihil prâ—fecit Thus the Religious and Learned Spelman being the greatest Patron and Defender of the Church and the rights and priviledges thereof that this age hath afforded Glossar pag. 200. on the word Dangeldum Dr. Burgesse the Examiner might have observed what Cambden and Spelman have written of the distinction and difference of Barons both Authors having written long before he had taken the boldnesse to talk so poorly of the Baronies of Bishops to whom William the Conquerour did not add much to endear them but imposed many burdens upon them He restrained them in many things using the power of a Conquerour and clipped the Wings of their Temporal power and confined them within the Limits of their Ecclesiastical Jurisdiction He procured Stigand Archbishop of Canterbury Agelrieus Bishop of East-Angles and certain other Bishops and Abbots to be depâ—ived by authority from Rome and detained them in prison that strangers might enjoy their places As Sir Iohn Hayward sheweth in his History of the three Norman Kings pag. 87. before time they had part in fines and Mulcts and power of coyning money as appears by the Laws of King Athelstan De Monolariis pag. 399. and many other places But these were soon after reserved to the Crown as principal prerogatives And till the Council of Clarendon under Hen. 2. the Clergy and Bishops enjoyed many more freedoms and priviledges which were abated oftentimes and much diminished about which there was great contention when Thomas Becket opposed the King which the learned Glâ—ssary sheweth pag. 82. Episcopi autem Barones dici videantur propter nominis dignitatem non quod vassallagium pendebant aut seculare servitium Hoc enim nostratibus jugum injecit omnium primus Willielmus senior Anno 1070 ut in eodem tradit Matth Paris Auxit magnopere Willielmus junior ut in Historiola Ducum Normaniae in lib. Edwardi Confess C. 11. Sed post varias colluctationes aeterno robore domum confirmavit Hen. 2. Anno Dom. 1164. in magno Concilio Clarendoniae habito Praesidente eidem ex ipsius mandato sacellano suo Iohanne de Oxonia praesentibusque Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Regni in hunc tenorem Archiepiscopi Episcopi Vniversae personae Regni qui de Rege tenent in capite habeant possessiones suas de Rege sicut Baroniam inde respondeant Iusticiariis ministris Regis sicut Caeteri Barones debeant interesse judiciis curiae Regis cum Baronibus quousque perveniatur ad diminutionem Membrorum vel ad mortem So that the Bishops besides that they are called by the Kings Writ to Parliament and thereby have the same right that other Lords have yet since the Conquest they may be accounted also among the Feudal Barons Qui nomen dignitatemque suam ratione fundi obtinuerint transferri autem olim aliquando videatur dignitas cum ipso fundo ut Episcopi suas sortâ—untur Baronias sola fundorum investiâ—ra Nam ut inquit Stamfordus lib 3. cap 62. Ne ont lieu en Parliament ejus in respect de leur possessions S. L' ancient Barones annexees a leur dignites Whereas therefore Dr. Burgesse saith pag. 45. albeit the Bishops are usually said to hold of the King per Bâ—roniam yet this happily may be meant rather of the honour affixed to their places which works it up into a dignity then of the Land pertaining to them This is but fustian nonsence and gross ignorance for like Feudal Barons suas sortiuntur Baronias sola fundorum investitura In like manner I take it as the Earls of Arundel both formerly and of late being possessed of the Castle of Arundel Honour and Signory without other consideration or creation to be an Earl became Earls of Arundel and the name State and Honour of the Earl of Arundel peaceably enjoyed as appeareth by a definitive judgement given in Parliament as Cambden relateth out of the Parliament Rolls of Hen. 6. out of which Cambden copied out what he saith Further Dr. Burgesse saith That the Bishops ought not to have the same legislative power as the Temporal Barons because these are for their Sons and Heirs and the others for their Successors only This Objection is frivolous because the Bishops being men of great Integrity and Learning are as careful for the preservation of the publick wherein standeth the Safety of themselves and their Successors as any Temporal Lords â—an be and perhaps the more because Temporal Lords do often fall into great want and poverty selling sometimes the very head of their Baronies and so oftentimes become very obnoxious and some of them growing poor have been degraded of their Titles and Honour Whereof Lord Cook giveth an instance 4. Instit. pag. 355. How Nevil both Father and Son Dukes of Bedford were degraded by the King and Parliament 17. Edw. 4. And for so much as it is openly known that George Nevil Duke of Bedford hath not nor by Inheritance may have any livelyhood to support the said Name Estate and Dignity or any name of estate as oftentimes it is seen that when any Lord is called to high estate and have not Livelyhood convenient to support the same dignity it induceth great poverty and indigence and causeth oftentimes great Extortion Imbrolery and maintenance to be had to the great trouble of all such Countries where such estate shall happen to be inhabited wherefore the King by the advice of his Lords Spiritual and Temporal and the Commons in this present
servnm cui praest Et Rectum est ut non sit aliqua mensurabilis virga longior quam alia sed per Episcopi mensuram omnes institutae sint ex aequatae per suam diocaesim Et omne pondus constet secundum dictionem ejus si aliquid controversiarum intersit discernat Episcopus And much more is there added It is manifest hereby that by the ancient Laws of this Kingdome what trust care and charge is reposed in the Bishops not only to direct matters Ecclesiastical but also to assist rule and guide Temporal Affairs to preserve peace Justice and upright dealing just and true administration of several offices and duties whereby Religion is much advanced and adorned when men are honest and upright in their Actions Contracts Bargains and civil dealings among themselves So that they may not clash or oppose Religion For all publick Statutes Acts and Constitutions for the most part do in some degree more or lesse trench upon Religion and the furtherance or hinderance thereof So that they can hardly be duly and rightly enacted and framed without the advice counsel and assistance of Bishops and the Clergy Whereas Dr. Burgesse replieth that the Bishops were present but did not Vote It is a very simple and frivolous answer For the manner was not then in the time of the Saxons to vote to and fro as they do now but at the conclusion and end of every Council Publick-meeting or Assembly when their Acts or Constitutions were written all the Lords present did subscribe their names and testified thereby their Votes and Consents and approbation of all that was done Whereas the Custome is now in most businesses to vote and declare themselves by word of mouth which is more uncertain and many may be absent especially some dayes or out of the way at the time of voting but by staying till the end of a Session or Parliament and then subscribing their names it was a more certain way to testifie who were present and consented to all laws that are made and posterity may know whom to thank if the Statutes be good or whom to blame if they be unjust or unreasonable As that Act 11. H. 7. c. 3. which gave power to Empson and Dudley those two infamous Committee-men to proceed upon information without Indictment by their discretion and not secundum Legem Consuetudinem Angliae as all proceedings ought to be By virtue of this Statute which Cook hath printed 4. Instit. pag. 40. 41. Empson and Dudley did commit upon the Subject unsufferable pressures and oppressions A good Caveat to Parliaments to leave all causes to be measured by the golden and streight metwand of the law and not to the uncertain and crooked cord of Discretion And much more to admonish Parliaments Cook doth there add in very earnest manner but our late long Parliament hath highly offended against all his severe admonitions and have far exceeded any ill doings of Empson and Dudley For as Lord Chancellor Bacon saith of them They kept the half face of Justice in putting up indictments against many men but they would not suffer any man to traverse them and they had Jurors ready that would find any thing for fact or valuation But now in the proceedings against the Clergy especially there is not the half face of Justice observed nor the outside But only voting upon any information and upon the Votes of Committees or Sub-committees and such like not of either House men are cast out by Sequestration of their Livings and Freeholds especially the Clergy are oppressed beyond example of any former age All which unjust and horrible proceedings would not have been suffered if the Bishops had been permitted to enjoy their ancients rights places and power in Parliament they would have protested against it and declared their dissent and found means to have hindered such detestable doings far beyond the wickednesse of Empson and Dudley Empson and Dudley did not cast men out of their Houses Lands and Estates as is now done by voting Only they did tamper and trouble men till they could get some mony or fines upon the breach of some obsolete Statutes which they called mitigations saith Bacon But now mens freeholds and Estates are taken away upon pretences only and bare informations without Jurors for Trial or witnesses upon Oath or any legal proceeding Empson and Dudley though they offended highly against Law for which they were severely punished yet there came some good to the publick by their doing for they filled the Kings Exchequer with great sums of money some millions of pounds as Lord Cook sheweth 4. Instit. pag. 198. And Lord Herbert in his History pag. 9. Greater sums doubtlesse then any King of this Realm before had in his Coffers and such as may be thought effectively quadruple to so much in our age But our Long Parliament and Committee-men have spent many more millions of money then can be imagined more then ever David left for the building of the Temple viz twenty and three Millions of our money and a thousand pound A matter but for the testimony of Scripture exceeding all beliefe saith Sir Walter Rawleigh 2. Book Cap. 17. Sect. 9. But our long Parliaments have spent more to pull down Temples and have raised such a rabble of Sectaries as are ready to pull down and destroy all the Churches in the Land and to make spoyl of all the materials and Revenues of them Empson and Dudley brought so much money to the Kings Coffers that King Hen. 8. was exceedingly enriched insomuch as Bacon saith of him upon the death of Hen. 7â— That there was the fairest morning of a Kingdome that ever was seen in this land or any other but by his prodigal expâ—nces and Sacrilegious doings there followed the foulest evening of a Kingdome that ere was known Bancroft in his Survey cap. 6. saith that at Geneva they had a cheif Council of threescore which is as a Parliament in their Government and that Calvin and Beza were Members of that Council and had vote and voice among them and why may not a Bishop among us be present in our great Council as well as Calvin and Beza at Geneva who carried all matters there under their Gowâ—s as Dr. Williams Arch-bishop of York saith in his Speech in Parliament which gave occasion to Dr. Burgesse to write against him and impudently to call him the pragmatical Arch-prelate of York being an eminent person of extraordinary parts both of Nature and Art and by reason of his great Honour being Lord Keeper of the great Seal and his education in former times was by many degrees far above Dr. Burgesse who never had any honourable place and was but a little time in the Universitie never fellow of any Colledge as is well known and how poorly and pitifully he had performed his Exercises in Oxon. when he took his degree is very well remembred and particularly mentioned by the Learned Dr. Heylin pag. 182.
God as they pronounced or prescribed Thus the reverend and Learned Bishop Bilson in his perpetual Government cap. 4. Besides in every City there were private and peculiar Rulers 21. in number as Iosephus saith and also to every Magistracy in those Cities there was allotted two of the Tribe of Levi for assistance as Iosephus witnesseth and if those could not determine the busâ—nesse then they did appeal to the great Council And so Grotius sheweth most accurately upon Mat. 5. 21. Now God appointed these offices and dignities and power of Judicature to the Priests and Levites besides their attendance upon Gods service and the Course of every Priest and Levite was but one Week in half a year to attend at the Temple as Iosephus and Scaliger and Selianus doth shew with other accurate Chronologers so that beside their attendance upon Gods Service they had time and leisure enough to be helpful in the Government of the Kingdome Yea sometimes the principal Judges were chosen out of the Tribe of Levi as at the beginning of their Common-wealth Moses himself of that Tribe the greatest prophet prince that ever was among them So after in succeeding times Ely the high Priest was made Judge in his time So also Samuel a Levite was cheif Judge in Israel as 1 Sam. 7. 15. who judged Israel all the dayes of his life And he went from year to year in circuit to Bethell and Gilgal and Mispeh and judged Israel in all those places much alike as our judges do go their Circuits every year throughout the Land p. 17. And his return was to Ramah for there was his House and there he judged Israel and there he built an Altar to the Lord. And his three Sons after him Samuel made them being Levites Iudges over Israel though they did not walk in their Fathers ways but turned aside after lucre and took bribes and perverted judgement After the Captivity of Babylon for some 500 years till the coming of Christ the Priesthood had the greatest stroke in the Government As Ezra the Priest and brother to Iesus the high priest that returned from the Captivity whose memory is honourable among the righteous as learned Montague sheweth against Selden pag. 377. He had Commission from the Persian Emperor Artaxerxes to govern and order the Controversie Ezra 7. 12 25. and gave him authority to set Magistrates and judges which might judge the people and power to execute the laws of God and the King pag. 26. and to inflict punishments unto death or banishment or to confiscation of goods or imprisonment So that Ezra had great authority and full power given him and his worthy Acts are there recorded So afterwards under the Maehabees who were priests the Common-wealth was governed and it pleased God to make that Family victorious as any other almost that ever governed that Common-wealth as Sir Walter Raleigh sheweth lib. 2. cap. 15. If thus it were anciently among the chosen people of God why then should any in these dayes be so much displeased that a Bishop or a Clergy man should have any part in the Government of the Common-wealth or assistance of Government for the better Ordering and Directing of judgment or to be Counsellor to a Prince as Zechariah the Levite was a wise Counsellor 1 Chron. 26. 14. Benajah a Priest son of Iehojadah was one of David's twelve Captaines being the third Captain of the host for a moneth and in his Course consisting of 2400 was his son Amizabad Benajah also was of David's principal Worthies having the name among the three Mighties He was also Captain of the guard to David and after the death of Ioab he was made Lord General of the Host by King Solomon in Ioabs room 1 Kings 22. 35. So and much rather may a Clergy men now be an Officer in great place or a Justice of Peace in the Country who handles Matters of Equity and good Conscience for preserving of publick peace order and quietness among neighbours wherein happen many businesses that depend much upon the Conscience of a Justice and the Equitable rules of Scripture whereof Clergy men are the most competent interpreters As also many Causes happen touching the Estates and persons of the Clergy who have little reason to be subject onely to secular Judges without some of their own tribe on the bench to see fair carriage and indifferent dealing But for matters of Religion concerning God and his Worship and difficult points of Divinity the Clergy then were and so ought now to be the principal men to be imployed as may clearly appear by the doings of K. David about removing of the Ark to the place that he had provided for it upon which text King Iames hath written a very pious and excellent Meditation Pag. 81. upon the 1 Chron. 15. some of those words are fit to be here recited When the Ark of God whereunto they sought not in the dayes of Saul had continued long at Kiriah-jearim David out of his Zeal and Piety was moved to prepare a Tent for it in the City of David and when he began to remove it he called a great assembly of principal Men but did not make that use of the Priests and Levites as he ought to have done and therefore the Action prospered not but there happened a terrible judgment upon Uzzah which hindered the progresse of the good work and David was afraid of God that day saying How shall I bring the Ark of God home to me so the Ark rested in the House of Obed-Edom But afterwards upon better advice David perceived his Errour and confesseth it Cap. 15. 12 13. Speaking to the Chief of the Priests and Levites Sanctify your selves both ye and your brethren that you may bring up the Ark of the Lord God For because you did it not at the first the Lord God made a breach upon us for we sought him not after the due order This was a great and a godly work that was then intended and therefore King David called a great Assembly about it 1. Of the Elders of Israel 2. Of the Captaines of thousands and hundreds whose Names and Praises are recorded 3. The Priests and Levites Who did it not at the first But now upon better advice King David assembled at first the Children of Aaron and the Levites v. 4. So that men of all Estates were now present in this godly work This is to be marked well of Princes and of all those of any high Calling or Degree that have to do in Gods Cause David doth nothing in matters pertaining to God without the presence and especiall Concurrence of Gods Ministers appointed to be spiritual rulers in Gods Church And at the first meant to convay the same Ark to Ierusalem finding their absence and want of their Counsel hurtful therefore he saith to them Ye are the Chief Fathers of the Levites because ye did it not at the first Thus saith King Iames of blessed memory but
the present practise and Law confirmed by the continual practise of many hundred years The Law being thus made by the Conquerour to separate the Ecclesiastical Court from the Temporal there followed after in succeeding times Statutes to direct and appoint what causes shall belong to the Bishops Jurisdiction As the Statute called Circumspecte agatis made 13. Edw. 1. and Articuli Cleri 9. Edw. 2. which besides others Coke doth expound in the 2. Instit. at large pag. 489. 599. So that the Ecclesiastical Laws and Courts being thus setled by ancient Statutes and Magna Charta and besides long use and Custome the Laws are Fundamental and necessary as well as any part of the Common-law and cannot be wholly taken away without great injustice confusion and great disorder in the Kingdome and Church as it happen'd most pitifully in these troublesome times But Parliaments are obliged to maintain the Fundamental Laws of the Land as they have often professed solemnly in many of their Declarations Protestations and Remonstrances But in conclusion they have overthrown all Ecclesiastical Courts and Laws though never so ancient and Fundamental and now they would pretend to set up new laws and orders which they call Presbyterian Government by Lay Elders in every Parish a fond and foolish project contrary to the Laws of God and Man such as they have heard to be at Geneva and some other places beyond Sea where there are no Lords Knights Esquires or Gentlemen as with us in England But their new States are popular without degrees of Honour and distinction of Gentry They do as their Neighbours at Strasborough and the Switzers of whom Bodin saith lib. 6. c. 4. Argentinenses Caesa prostrata nobilitate cum imperium populare invasissent legem communibus suffragiis tulerant ne quis summos in Civitate Magistratus adipisceretur nisi a cerdonibus aut coriariis aut id genus sordidis opificibus stirpem traxisset idenim veteribus Grâ—cis usit atum erat ut in iis civitatibus quae popularia imperia stabilire ac tueri vellent cives omnes quantum quidem fieri posset opibus honoribus imperiis ac vitae conditione exaequarent ac si quis prudentia justitia fortitudine aut ulla virtute caeteris praeluceret ac emineret hunc ostracismo exterminabant aut ne virtutitam aperte bellum indicere viderentur accusationibus calumniis opprimebant atque id unum efficere conabantur ut singuli Cives non magis sui similes essent quam omnes omnium They either banished or put to death all their Nobility and so made themselves a popular state and further made a law that no man should bear any publick office among them but such as would derive their Discent and Pedegree from some base Trade a Cobler or Carrior or such like Among such people Presbyterian Government may be better allowed then in a Kingdome flourishing with all degrees of Honour Dukes Marquesses Earls Barons Knights c. But where only Tradesmen are chapmen Pedâ—ars and Artificers as they are at Geneva there any government in the Church may better be tolerated then in a Monarchy The Glossary sheweth to that purpose that Tradesmen are base fellows in Herauldry and among base fellows any base government may serve the turn Burgenses Mercatores sunt sordidum hominum genus as Tully said Burgenses dum cauponandis mercibus rei Mechanicae navarent generosae turbae militiam omnino admiranti despectui erant adeo ut cum illis nec connubia jungerent nec Martis aleam experirentur and so also the Civil law saith patritii cum Plebeis conjugia ne contrahunto And in our law it is reputed a disparagement for a Ward in Chivalry which in old time was as much as to say a Gentleman to be married to the Daughter of one that dwelt in a Burrough as Lambard sheweth in his perambulation of Kent pag. 504. So the old Statute of Merton Anno Dom. 1235. cap. 7. De Dominis qui maritaverint illos quos habent in custodia sua Villanis aliis sicut Burgensibus ubi disparagentur c. Lord Coke sheweth what causes belong to the Court Christian viz. Probate of Wills and Testaments Legacies Reparation of Churches and Church-yards Tyths Oblations Mortuaries and such like duties Matrimonial causes degrees of Affinity or Consanguinity Divorces and what else belongeth thereunto And divers other particulars as appears in divers statutes and the Books of the Civil Lawyers as punishment of Adultery Fornication and Incontinency Incest with many other the like as Heresies Schismes Errors Abuses Offences Contempts and enormities as Lord Coke saith 4. Instit. pag. 325. and so also the excellently learned Lawyer Dr. Cosin Dean of the Arches in his Apology for Ecclesiastical Courts and their proceedings against Simony Usury Defamation Sacriledge Disapidations c. But now the Presbyterians neglect and cast off most of these particulars that there is no punishment for those gross offences and sins which are not fit to be mentioned among Christians saith the Apostle There is of late an infinite number of bastards gotten and the Justices of peace only take care for keeping the Bastard But there is no punishment or correction for the scandal to Religion and the vulgar people go together like Dogs and Bitches without licence or publication of banes in any parish The Holy Communion is cast aside and neglected in most parishes most shamefully The Common-people in most parishes will rather be without the Sacrament then give one penny to buy Bread and Wine for it that they are become Atheists in most places and many Sectaries professe publickly that they will not have Churches or Stone-houses nor Ministers or Magistrates And yet the Parliament pretended to reform all according to the word of God in all things to advance the Throne of Christ and the Tribunal of Christ with all his holy ordinances in full force and power as the Language is of the Presbyterian Ministers CHAP. VIII Some Observations out of the Civil Law in the Empire concerning the separation of Courts and some also out of the ancient Statutes as Selden hath related them Lord Cooks Defence of the Bishops being in Parliament and of the Convocation and High Commission and other Ecclesiastical Courts AS the Courts Ecclesiastical and Temporal were separated in our Kingdome so anciently there was some such division in the Empire yet the Emperour gave great power and authority to the Ecclesiastical Judges according to that which Iustinian saith of spiritual Causes in the Novell 123. si pro Criminal si Ecclesiasticum negotium sit â—ullam Communionem habento Civiles Magistratus cum ea disceptatione sed religiosissimi Episcopi finem imponunto If it be an Ecclesiastical Suit let the Civil Magistrates have nothing to do there with that plea but let the Bishops end it Whereby it appears that prohibitions from the Temporal Courts were not then allowable which certainly came not into use till after
the Councel of Clarendon under Hen. 2. Wherein the Clergy were inforced to appear in the Temporal Courts one Canon thereof being Clerici accusati de quacunque re summoniti a Iusticiario Regis veniant in Curiam responsuri ibidem de hoc unde videbitur Curiae Regis quid ibi sit respondendum in Curia Eeclesiastica unde videbitur quod ibi sit respondendum It a quod Regis Iusticiarius mittet in Curiam sanctae Ecclesia ad videndum quomodo res ibi tractabitur si Clericus vel confessus vel convictus fuerit non debet eum de caetero Ecclesia tueri But touching this and the rest of the Constitutions in that Council Math. Paris doth sharply inveigh against them Hanc Recognitionem five Recordationem de Consuetudinibus libertatibus iniquis dignitatibus Deo detestabilibus Archiepiscopi Episcopi clerus cum Comitibus Baronibus proceribus juraverunt And as he addeth His itaque gestis potestas laica in res personas Ecclesiasticas omnia pro libitu Ecclesiastico jure contempto tacentibus aut vix murmur antibus Episcopis potius quam resistentibus usurpabat And this appeareth also by that which Selden relateth in his notes upon Eadner pag. 268. that long after in Edward the seconds time the Clergy had so many oppositions and hinderances in their proceedings from the Temporal Courts that they exhibited a petition in Parliament wherein they recite the grant and constitution of Will 2. allowing them their own Courts by themselves and specify their complaints particularly which he calleth Gravamina Ecclesiae Anglicanae and saith they are those mentioned in the proem of Artiâ—uli Cleri And in this age we have great cause to complain of Prohibitions but thereof I will say no more now as for the Temporal Courts the Conquerour appointed them to follow his Court royal which Custome continued for many years till under King Iohn at the instant request of the nobility it was granted Ut Communia placita non sequerentur Curiam i. e. Regis sed in loco certo tenerentur That the Court of Justice for Common Pleas should not follow the Kings Court Royal but be held in a place certain as now commonly they are in Westminster-Hall Whereas before the Kings appointed one Grand Lord Chief Justice of all England who for his authority and power was a greater officer both of State and Justice then any in these last ages and ever since that the greatness of that office was abated by King Edw. 1. most of those great Justices were Bishops as Sir Henry Spelman sheweth in his Caralogue of them Glossar pag. 401. Dignitate omnes Reges proceres potestate omnes superabat Magistratus De potestate valde inter alia claret quod quatuor summorum judicum hodiernorum muneribus solus aliquando fungeretur scilicet Capitalis Iustitiarii Banci Regis id est plâ—citorum Coronae seu criminalium Capitalis Iusticiarii Banci Communis id est placitorum Civilium Capitalis Baronis Scacarii hoc est Curiae ad sâ—crum patrimonium fiscum pertinentis c. Most of these great Justices were Bishops as appears by the Catalogue of them they being the principal men for Knowledge and Learning in those dayes and had no doubt power of voting in all Parliaments Councils and assemblies of State And so in these later times Lord Coke sheweth their abilities and rights 4. Instit. pag. 321. The King is well apprised of all his Judges which he hath within his realm as well spiritual as temporal as Arch-bishops Bishops and their officers Deanes and other Ministers who have spiritual jurisdiction It is declared by the King the Lords Spiritual and Temporal and the Commons in full Parliament That the spiritualty now being called the English Church always hath been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it hath been alwayes thought and is also at this hour sufficient and meet of it self without the intermedling of any exterior person or persons to declare and determine of such doubts and to administer all such offices and duties as to their rooms spiritual doth appertain The Adversaries have made divers objections against our Arch-bishops and Bishops Ever since saith Coke But these pretences being in truth but meer Cavils tending to the scandal of the Clergy being one of the greatest States of the realm as it is said in the Statute of 8. Eliz. cap. 1. are fully answered by the said Statute and Provision made by authority of that Parliament for the establishing of the Arch-bishops and Bishops both in praesenti in futuro in their Bishopricks By the Statute also of 39 Eliz. cap. 8. the Arch-bishops and Bishops are adjudged lawful as by the said Act appeareth And by these two Statutes these and all other objections against our Bishops one hath answered which we have thought good to remember seeing we are to treat of their jurisdiction Ut obstruatur os iniquae loquentium saith Lord Coke Yet the fury and rage of these times have stirred up more anger which in the issue will turn to the Confusion and Dishonour of them that began these wars and broyles against the Church and Bishops and fundamental Laws and Statutes which have so fully asserted their rights and authority Thus the Lord Coke premiseth being to treat of the Ecclesiastical Courts and all the jurisdiction belonging to the Clergy and established by the fundamental Laws of the Land against both Papists and Puritans and first he beginneth with the Court of Convocation and of the high Commission in Causes Ecclesiastical which is absolutely necessary for the suppression of all manner of Errots Heresies Schismes abuses offences Contempts and enormities But upon suppression of this Court by the late long Parliament there hath broken forth such an infinite number of heresies schismes sectaries and a rascal rabble of factions as is prodigious to relate and intolerable to be suffered For as it is in the Common Law if there were not Assises and Sessions to punish Malefactors Theeves Cuâ—purses Offenders and Rogues of all sorts the Land would be so Oppressed with the Multitudes of them no man could enjoy his house or goods freehold or life therefore in London they have every moneth a publick sessions to punish Condemn and Execute all sorts of Malefactors And Corporations in principal Cities have the like authority by Commission and Patent from the King But for the high Commission to punish Offenders against Religion and the Church Lord Coke saith pag. 331. That the Kings Majesty hath and Queen Elizabeth had before him as great and ample Supremacy and jurisdiction Ecclesiastical as ever King of England had before them and that had justly and rightly pertained to them by divers other Acts and by the ancient Laws of England if the said clause of annexation in the said Statute of 1. Eliz. had never been inserted That it was a gâ—osse Error
Commanders joyned as the Count of Bucquoy the Count of Tilly the Count of Papenheim the Count of Maradas Besides other great Captains of note having an Army of 40. thousand men and fought the great Battle neer Prague and prevailed powerfully Next day the City of Prague was surrendered the Palsgrave fled away and of 30. Committee-men in Prague which directed all businesse twenty seven were apprehended and the next year after they had been tryed and condemned by the Common-law of the land for rebellion and raising armies and Committees they were put to death upon one stage the same day Not long after ten thousand protestant Ministers and Churches were suppressed and the Ministers banished out of the Kingdome and the provinces annexed of Moravia Silesia Lusatia and other Countties of the Emperor The Covenanters who had seised on the Lands and Revenues of the Bishops and Deans aud other societies by way of Sequestration first which word they used in one article of their Covenant were forced to yield up those lands and to restore them to the former owners and so also in many other parts of Germany Lands and Houses of the Clergy which were taken away an hundred years before were restored to the right owners And for the Godly Covenant they renounced it aâ—d would have been glad to have enjoyed the favours which the Emperors formerly permitted them out of his Clemency But since they raised such a bloody War he would not suffer them longer to enjoy his former favours So that the Bohemians and most parts of Germany who enjoyed peace and great happinesse in all respects lost all by striving to overthrow the Bishops and the Ecclesiastical Laws and to take their Lands This miserable event might well have forewarned us in England not to offend in the same kind as they did to overthrow Bishops and all the preferments of the Church to bring in Preâ—byterian purity and lay elders and to impose a godly Covenant wich was indeed a wicked combination and Conspiracy far worse then the Covenant of the low Countries or that of France against Hen. 3. Hen. 4. which had almost confounded all France and was at length the destruction of those two great Kings who were both miserably murdered and put to death as our King Charles was in most abominable manner and in many respects more horribly then those two Kings for they were stabbed on a suddain by two villaines and without the consent of the people and severe punishments were inflicted upon them speedily But King Charles in a deliberate manner by men that pretended Justice and upright dealing who called an high Court of Justice never heard of before no Judges of the Land consenting or approving and so openly in the face of the sun and of all the world with an high hand and professed malice and outragious fiery zeal that the Emperor Maximilian did justly say that the Kings of England were Kings of Devils And though the Presbyterians would excuse themselves that they never intended the Kings destruction yet that is a frivolous and foolish excuse for as Sir Walter Raleigh saith truely Our law doth Construe all levying of war without the Kings Commission and all force raised to be intended for the Death and Destruction of the King not attending â—he sequel and so it is judged upon good reason for every unlawful and ill action is supposed to be accompanied with an ill intent Lord Coke 3. Instit. pag. 12. speaking fully of all kinds and degrees of treason saith Preparation by some overt Act to depose the King or take the King by force and strong hand and to imprison him until he hath yeilded to certain demands this is a sufficient overt Act to prove the compassing and imagination of the death of the King for this upon the matter is to make the King a subject and to despoile him of his kingly office of royal government And so it was resolved by all the Judges of England Hill 1. Iac. Regis in the Case of the Lord Cobham Lord Gray and Watson and Clark seminary Priests and so it had been resolved by the Justices Hill 43. Eliz. in the Case of the Earls of Essex and Southampton who intended to go to the Court where the Queen was and to have taken her into their power and to have removed divers of her Councel and for that end did assemble a multitude of people this being raised to the end aforesaid was a sufficient overt Act for compassing the death of the Queen and so by woful experience in former times it hath fallen out in the Cases of King E. 2. H. 6. E. 5. that were taken and imprisoned by their subjects The Presbyterians did offend in this kind notoriously and therefore committed Treason manifesty for they imprisoned the King in divers places and at length in a remote place in the Ifle of Wight and what followed after is well known And all this done by them that were for the most part Presbyterians out of their design to compell the King to yeild to their projects to overthrow the Bishops and to take their Lands and Revenues which they account to be the flesh and bones of the whore of Babylon which they must devour and make the old whore naked bare and desolate The excellently learned Grotius who did perfectly understand and discover the practices of the Presbyterians as appears in many places of his works hath one remarkable passage in his treatise de Anti-Christo pag. 65. which shall here follow Iam vero fi illi qui dicuntur Dii intelligendi sunt Reges liber flagitiosissimus Boneherii de abdicatione Hen. 3. Galliarum Regis non argumentis tantum sed verbis desumptus est non ex Mariana aut Santarillo se ex Iunio Bruto quis is sit sat scio sed quia latere voluit lateat ex viris doctis quidem at factionis ejusdem Dictis facta congruunt haec est illa mica salis de qua infra aget Borborita quae facta est in mare salsum faetens apud Reges omnia circumsata corrumpens Circumferamus oculos per omnem historiam quod unquam saeculum tot vidit subditorum in principes bella sub Religionis titulo horum Concitores ubique reperiuntur ministri Evangelii ut quidem se vocant quod genus hominum in quae pericula etiam nuper optimos Civitatis Amstelodamensis Magistratus conjecerit nihil hic narrari opus est sapientibus dictum sat est Laudanda omnino est Regis Christianissimi prudentia virtus qui suos paris sententiae subditos tam solennia insanire vetuit Videat si cui libet de Presbyteriornm in Reges audacia librum Iacobi Britanniarum Regis cui nomen Donum Regium videbit eum ut erat magni judicii ea praedixisse quae nunc cum dolore horrore conspicimus Peter Moulin who was well versed in the Controversies of the times and suffered much in the late wars
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 inviâ—ed to move his Majesty â—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 oâ—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 â—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 Deâ— 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 Scriptâ—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
of all the Clergy out of Temporal offices is a motion of the first impression and was never heard of in the English Common-wealth before this Bill I come in the third place to the main part of this cause the things to be severed from all men in holy orders which are as I told you of three kinds First matters of Freehold as the Bishops votes in parliament and Legislative power Secondly matters of favour as to be a Judge in Star-chamber to be a privy Counsellour to be a Justice of peace or a Commissioner in any Temporal affairs Thirdly and mixt matters of Freehold and Favour too as the Charters of some Bishops and many of the ancient Cathedrals of this Kingdome who allow them a Justice or two within themselves or their Close as they call it and exempt those grave and learned men from the rudenesse and insolency of Tapsters Brewers Inn-keepers Tailours and Shoomakers which do integrate and make up the bodies of our Country Cities and Incorporations And now is the Axe laid to the very root of the Ecclesiastical tree and without your Lordships justice and favour all the branches are to be lopt off quite with those later clauses and the Stock and root it self to be quite grâ—bb'd and digged up by that first point of abolishing all Vote and Legislative power in all Clergy men leaving them to be no longer any part of the people of Rome but meer Slaves and Bondmen to all intents and purposes And the priests of England one degree inferiour to the priests of Ieroboam being to be accounted worse then the Tayle of the people Now I hope no English man will doubt but this Vote and Representation in Parliament is not only a freehold but the greatest freehold that any Subject in England or in all the Christian world can brag of at this day that we live under a King and are to be governed by his Laws that is not by his arbitrary Edicts or Rescripts but by such Laws confirmed by him and assented to by us either in our proper persons or in our Assignees and Representations This is the very Soul and Genius of Magna Charta and without this one spirit that great Statute is little lesse then Littera occidens a dead and uselesse peice of paper You heard it most truly opened unto you by a wise and judicious Peer of this House that legem patere quam ipse tuleris was a Motto wherein Alexander Severus had not more interest then every true born English man No forty shillings man in England but doth in person or Representation enjoy his freedome and liberty The prelates of this Kingdome as a Looking-glass and Representation of the Clergy have been in possession hereof these thousand years and upwards The princes of the Norman race for their own ends and to strengthen themselves with men and money erected the Bishopricks soon after the Conquest into Baronies and left them to sit in that House with their double capacities about them the later invented for the profit of the prince not excluding the former remaining always from the beginning for the profit and concernment of the poor Clergy Which appears not only by the Saxon Laws set forth by Mr. Lambard and Sir Henry Spelman but also by the Bishops Writs and Summons to parliament in use to this very day We have many preceedents upon the Rolls that in Vacancy of Episcopal Seas the Guardian of the Spirituals though but a simple priest hath been called to sit in this Honourable House by reason of that former Representation and such an officer I was my self over that Sea whereof I am Bishop some 25 years agoe and might then have been summoned by Writ unto this Honourable House at that very time by reason of the Spiritualty of that Diocesse which then as a simple priest I did by virtue of the aforesaid office represent And therefore most noble Lords look upon the Ark of God representative that in this time floates in great danger in this deluge of waters If there be any Cham or unclean Creature therein out with him and let every man bear his own Burthen but save the Ark for God and Christ Jesus his sake who hath built it in this Kingdome for saving of people and your Lordships are too wise to conceive that the Word and Sacraments the means of our Salvation will be ever effectually received from those ministers whose persons shall be so vilified and dejected as to be made no parcels or fragments of this Commonwealth No saith Gregory the last trick the Devil had in this world was this that whâ—â— he could not bring the word and Sacraments into disgrace by errors and Heretical opinions he invented this project and much applanded his wit therein by casting slight and contempt upon the preachers and ministers And my Noble Lords you are too wise to beleive what the Common people talk that we have a vote in the election of Knights and Burgesses and consequently some Figure and Representation in the Noble House of Commons They of the Ministry have no vote in these elections they have no Representation in that Honourable House and these contrary assertions are so slight and groundlesse as I will not offer to give them any answer And therefore right Honourable Lords have a special care of the Church of England your Mother in this point and as God hath made you the most noble of all the peers of the Christian World so do not you give way that our Nobility shall be taught henceforth as the Romans were in the time of the first and second Punick wars by their Slaves and Bond-men only and that the Church of God in this Island may come to be served by the most ignoble Ministers that ever have been seen in the Christian Church since the passion of our Saviour And so much for the first thing which this Bill intends to sever from persons in holy orders viz. votes representations in parliament The next thing to be severed from them by this Bill is of a much baser mettal and alloy sittings in Star Chamber sittings at Councel-Table sitting in Commissions of the peace and other Commissions of secular affairs which are such favours and graces of Christian princes as the Church may have a being and subsistence without them The Fortunes of our Greece do not depend upon these Spangles and the Soveraign prince hath imparted and withdrawn these kind of favours without the envy or regret of any wise Ecclesiastical persons But my Noble Lords this is the Case Our King hath by the Statute restored unto him the Head-ship of the Church of England and by the Word of God he is Custos utriusque Tabulae And will your Lordships allow this Ecclesiastical Head no Ecclesiastical Sences at all No Ecclesiastical person to be consulted withal not in any Circumstances of time and place If Cranmâ—r had been thus dealt withal in the minority of our young Iosias King Edward the sixth
born mininster to intermeddle with secular affairs and therefore it is likewise lawful for the mean born so to do And so in my Conscience I speak it in the presence of God and great noble men it is most lawful for them to intermeddle with secular affairs so as they be not intangled as the Apostle calls it with this intermedling as to slight and neglect the office of their calling which no minister noble or ignoble can do without grievously sinning against God and his own Conscience It is lawful for persons in holy orders to intermeddle it is without question or else they could not make provision of meat and drink as Beza interprets the place It is not lawful for them to be thus intangled and bound up with secular affairs which I humbly beseech your Lordships to consider not as a distinction invented by me but clearly expressed by the Apostle himself And thus my noble Lords I shall without any further molestation and with humble thanks for this great patience leave this great Cause of the Church to your Lordships wise and gracious consideration Here is my Mars-Hill and further I shall never appeal for justice Some assurance I have from the late solemn vote and protestation of both Houses for the maintaining and defending the power and priviledges of Parliament that if this Bill were now to be framed in the one House it would never be offered without much qualification as I perswade my self it will not be approved in the other Parliaments are indeed omnipotent but no more omnipotent then God himself who for all that cannot do every thing God cannot but perform his promise A Parliament under favour cannot unswear what it hath already vowed This is an old Maxime which I have learned of the Sages of the Law a parliament cannot be felo de se It cannot destroy or undo it self An Act of parliament as that in the 11. and another in the 21 Rich. 2. made to be unrepealable in any subsequent parliament was ipso facto void in the constitution why Because it took away the power and priviledges that is not the plumes and feathers the remote accidents but the very specifical forme essence and being of a parliament So if an Act should be made to take away the Votes of all the Commons or of all the Lords it were absolutely a void Act. I will conclude with the first Epistle to the Corinthians Cap 12. Vers. 15. If the Foot shall say because I am not the hand I am not of the Body is it therfore not of the body Vers. 20. But now are they many Members yet but one Body Vers. 2â— And the Eye cannot say unto the Hand I have no need of thee nor again the Head unto the Feet I have no need of you Some Annotations upon the Arch-Bishops SPEECH WHereas the Arch-bishop saith Sect. 3. That the Bishops sate in parliaments and all publick Assemblies of State a thousand years it is certainly true as appears fully by the Subscriptions of their names to all constitutions Laws and Ordinances made in the several great Councels of the Kingdome in the times of the Saxon Kings the manner being then to give their assent not by verbal voting but by subscribing their names as fully appears in Sir Henry Spelmans Edition of the Councells at the end of all such Assemblies and Councells as were then held And whereas the Arch-bishop saith that the princes of the Norman race erected the Bishopricks into Baronies it is very true as Cambden sheweth in his Britannia pag. 170. And so the great Abbots also heretofore by right and custome were peers of the Kingdome and did sit in parliaments to order decree and determine But the Conquerour ordained both Bishops and Abbots to be under military Service erecting every Bishop and Abbey at his Will and pleasure and appointing how many Soldiers he would require of them to be furnished for him and his Successors in times of Hostility and War So that the Tenure and Title of Barons being imposed on them it was no addition of honour to them they being superiour to Thanes or Barons though as Cambdon saith out of Mathew Paris That which was then complained of by the Cleagy and accounted as a burden in the age ensuing was accounted as the greatest honour And so it hath continued as a Title of Honour â—o the Bishops Whereas the Archbishop saith That the Word and Sacraments the means of our Salvation will not be effectually received from those Ministers whose persons shall be so vilified and dejected as to be made no parcels or fragments of the Common-wealth This doth certainly prove too true Religion it self is vilified and the Word of God and his Sacraments neglected almost in every parish because the persons that should perform the duties and offices are become contemptible for want of that Honour and Respect which they enjoyed legally heretofore Therefore God anciently in the Kingdome of Israel did greatly honour the Tribe of Levi when he made the priests Levites the principal officers Judges in every Court to whom the people were to be obedient upon pain of Death Deut. 17. 12. The Administration of law and Justice throughout the Kingdome depended oâ— them principally For God made his Covenant with Levi of Life and Peace The Law of Truth was in his Mouth The Priests Lips should preserve knowledge and they should seek the Law at his Mouth Mal. 2. 5 6 7. and so Ezekiel 44. 23. They shall teach my people the difference between the holy and prophane and cause them to discern between the unclean and the clean and in Controversie they shall stand in iudgement and they shall iudge according to my Iudgement and they shall keep my Laws and my Statntes in all my Assemblies They beiâ—g the principal Judges and Lawyers in that Common-wealth of Gods own Constitution And whereas it is now granted on all hands that there was three Courts of Justice in that Kingdome 1. The great Councel of 70 Elders 2. The Court of Judgement consisting of 23. 3. The Court of some three or some few more The Priests and Levites were principal men both Judges and Officers in all Courts both Scophtim Schoterim as 1. Chron. 19. 8 11. both to give Sentence and Judgement and also to execute the same So the Divines do affirm also in their late Annotations upon 1 Chron. 26 29 30. 2. Chron. 19. 8 11. They did study the Judicial and â—olitick Laws and had power to see the Law of God and injunctions of the King to be observed and to order divine and humane affairs And they held also other Honourable offices for we read that Zechariah a Levite was a wise Councellour and Benajah a priest son of Iehojadah was one of Davids twelve Captains being the third Captain of the Host for the third moneth and in his course consisting of 2400 was his son Amizabad Benajah was also one of David's principal worthies
having the name among the three mighties He was also Captain of the Guard to David and after the Death of Ioab he was made Lord General of the Host by King Solomon in Ioabs room 1. King 2. 35. And this is fully to be proved by excellent learned men As Sigonius Bertram Casaubon Moulin especially by the learned Hugo Grotius upon Mal. 5. 21. Where he doth accurately shew out of the Text Iosephus Philo and other Monuments of the Jews that there was no distinction of Courts the one Ecclesiastical the other Civil as Calvin and Beza and some others that follow them would have it but the Judges and Courts were united and the Priests and Levites the principal Judges and Officers in every Court to whom the people were to be obedient upon pain of Death Deut. 17. 12. They being appointed to hear every cause between blood and blood between plea and plea and between Stroke and Stroke being matters of Controversie within thy Gates And as our Laws call them Pleas of the Crown and Common pleas or whatsoever else did arise among them pertaining to God and the King 1 Chron 26. 30. 32. for which purpose God did scatter them in every Tribe and turned the curse of Iacob into a singular blessing to be divided in Iacob and scattered in Israel Appointing 1700 to be on the West-side Iordan and 2700 on the East-side The ancient frame of our Kingdome for 500. years beforre the Conquest was thus disposed and governed As Spelman sheweth fully in his learned Glossary and Councels and happy had it been if things had continued so still But now the Law being otherwise setled and the Courts divided it is not safe or easie to make alteration Only without change of Law or Courts the Benches may continue as they are though some more Judges be added in most Courts and some Eclesiastical persons among them as in the Saxon times Comes praesidebat foro Comitatus non solus sed adjunctus Episcopo hic ut jus divinum ille ut hnmanum diceret alterque alteri anxilio esset Consilio Praesertim Episcopus Comiti nam in hunc illi annimadvertere saepe licuit errantem cohibere Idem igitur utrique territorium jurisdictionis terminus Glossarium in Comes pag. 111. The Bishop and Earl of the County were joint Magistrates in every Shire and did assist each other in all Causes and Courts and so Mr. Selden in his History cap. 14. Sect. 1. By this means there was great union and harmony between all judges and officers whereas now there is great contention for jurisdiction and intollerable clashing in all Courts by Injunctions prohibitions Consultations and crosse orders to the great Vexation of the Clients and Subjects And by multiplying several Courts the number of Lawyers is greatly increased as Lord Cook sheweth 4. Instit. p. 76. Where he gives divers reasons of the increase of Suits in Law and in the same Book reckoneth up no lesse then 74. Courts of Law and justice of all sorts in the Kingdome besides the Ecclesiastical Courts Which are not many for the number and had little businesse to do when they were in greatest power For commonly two or three proctors were enough to dispatch the businesse of any Bishops Court without Advocates But in the Courts of Common Law there is a farâ— greater number of Lawyers in these times whereas there was but an 140. Lawyers and Attorneys appointed by that Martial and Legislative King Edw. 2. When he distinguished the Courts and appointed the number of Lawyers and Attorneys for the whole Kingdome whereof the Writ is referred unto by Lord Cook 4. Instit. pag. 76. But the writ it self is put down by Spelman in his Glossary pag. 44. 58. Sed hodie forte in uno Comitatu tot solummodo Atlornati reperiantur But the Division and Separation of the Ecclesiastical Courts from the Temporal seems to have proceeded first from Pope Nicholas the first as is mentioned in Gratian. Com. Cum ad verum 96. Distinct. about two hundred years before the Conquest which was imitated among us by William the Conquerour whose Statute for that purpose is recited and illustrated by Spelman in his Glossary and lately also published by Mr. Selden and Lord Cook 4. Instit. c. 52. So that as the Pope hath been the Authour of much evill in the World oftentimes so in this particular when he came to the height of his greatnesse having de facto the Supremacy in all Ecclesiastical matters he made the Clergy subject only to himself and his Deputies and Legates and such officers as he sent among us But at length Hen. 8. Contested with the Pope and recovered the Supremacy of his Crown though it cost much blood and opposition in his time But he having recovered it and it being approved by Parliament it is fully setled upon the King and vested in his Crown And as Lord Cook saith 4. Instit. pag. 331. His Majesty hath and Queen Elizabeth before him had as great and ample Supremacy and Iurisdiction Ecclesiastical as ever King of England had before them and that had justly and rightly pertained to them by divers other Acts and by the ancient Laws of England if the Clause of annexation in the said Statute of 1 Eliz. had never been inserted Wherefore the Speech of Iohn Pym as in Rushworths Collections 4. Caroli That the Supremacy was given by parliament to the Crown and as he seemeth to understand it may be taken away by parliament is a dangerous opinion not to be endured Lord Cook saith 4. Instit. pag. 325. The Act 1. Eliz is an Act of Restitution not a gift meerly given which was not formerly due and belonging to the jurisdiction of the Crown If therefore the King hath his Supremacy vested in his Crown so firmly and is Custos ntriusque Tabulae by the Word of God as the Arch-bishop sheweth Then this Ecclesiastical Head must be allowed to have some Ecclesiastical Sences to be consulted withal excellently learned and principal persons of the Clergy And as he addeth truly If Cranmer the Arch-bishop had been thus dealt withal and suppressed in the minority of our young Iosias Ed. 6. What had become of the great work of our Reformation and also if Ridley Latimer Hooper and the rest of the protestant Bishops Martyrs afterwards had been set aside and neglected the Reformation could not have been effected Therefore unlesse the King have good choice of Ecclesiastical persons excellently Learned Bishops both in the ancient Councels Fathers Histories and Controversies and in Canon and Civil Laws requisite to determine of great difficulties that will continually happen in the Church whereof the Conusance belongeth to the Spiritualty as Lord Cook sheweth out of the Statute 25. H. 8. cap. 21. and commendeth them for their Knowledge Integrity and Sufficiency and if so then much more at this day I saith Coke When all kind of Learning is eminently advanced to an higher
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 itâ— 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 elonginquâ— 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 Baâ—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
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 â—â—ckon this Conveniency I have spoken of I will therefore 〈◊〉 but a word or two more in this way The long experienâ—â— 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 iâ— may peradventure hinder the duty of their other calliâ—g My Lords there is not any that sits here more for prâ—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 â—uscbius has it in hâ—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 â—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 viciniâ—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 Offiâ—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 filâ—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 Cramâ—en bis coctam FINIS Pag. 314. â— 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 â— 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 â—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 Monachâ—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. 5â— 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.
the Union of Courts in England continued till the time of William the Conquerour as the learned Antiquâ—ry Spelman sheweth in his Glossary in Cotes pag. 3. Munâ—s comitis judiciarium fuit vim injuriam prohibere latrocinia compescere pacem regiam non solum legum tramite sed armis etiam promovere jura regia vectigalia curare colligere fisco inferre Praesidebat autem foro comitatus non solus sed adjunctus Episcopo hic ut jus divinum ille ut humanum dicâ—ret alter que alteri auxiliâ— esset consilio presertim Episcopus comiti 〈◊〉 in hunc illi animadvertere saepe licuit erranteâ—â— cohibere Idem igitur â—trique territorium jurisdictionis terminus Hereby it appears that the Bishop and Earl of the Counâ—y were joint governours but the Bishop was principal for he had power to restrain the Earl if he did do amisse the Bishop being learned but the Laity in those days altogether destitute of Learning and Knowledge So that it is certain that the Bishop and the Earl or Aldermen sate both together in the same Court together with their Assistants and Surrogates and so 〈◊〉 assist each other with Counsel and authority and in the forenoon they heard Church causes and in the Afternoon temporal business This manner did preserve amity between the Clergy and the Laity that they did not clash for jurisdiction by sending prohibitions Injunctions and cross orders as in our times which do occasion great vexation to the people and prolonging of Suits and doth multiply charges extreamly It is therefore certain that the Bishops and principal Clergy were always of great authority in our Kingdome especially for making of Laws and Constitutions of all kinds and executing of them which is manifest by all the Laws themselves of the Svxon Kings for about 500. years before the Conquest Wherein they first testifie that the Laws were made by the consent suffrage and approbation of the Bishops First Ethelbert the first Christian King of the Saxons made Laws which are entituled thus Haec sunt Decreta seu Iudicia quâ— Ethelbeâ—â—us Ren conslituâ— Tempore Augustini As Sir Henry Spelman hath recorded them in his Comments pag. 127. All the Laws then made are not recited by Spelman but they are extant in the old Book called Textus Roffensis Written by Ernulph a Bishop of Rochester Beda de his scribit lib. 2. cap. 5. Mortem sepulturam Ethelberti referens Inter â—aetera iniquit bona quae genti suae cansulendo conferebat etiam decreta illi Iudiciorum juxta exempla Romanorum cum Consilio sapientum constituit Quae conscripta Anglorum sermone hactenus habentur observantur ab ea In quibus primitus posuit qualiter id emendare deberet qui aliquid rerum Episcopi vel reliquorum ordinem auferret volens scilicet tuitionemâ—â—is quorum doctrinam successerat praestare Sequuntur multa ad vitae probitatem morum Correctionem pertinentia saith Spelman in his Notes Which Laws were casually omitted by my absence from the Presse at that instant but shall be added if ever a second edition be made But certainly Augustin was the principal Bishop that did make these Laws though other names are not put down but his only being the principal Yet in other Councils following divers Bishops are mentioned as in the Laws made by King Ina. Anno 693. Ego Ina Dei gratia West-Saxonum Rex exhortatione doctrina Cennedes patris mei Heddes Episcopi mei Erkenwaldes Episcopi mei omnium Aldermanorum meorum seniorum sapientum Regni mei Constitui c. So in the beginning of King Aethelstan Ego Adelstanus Rex Consilio Wulfelmi Archiepiscopi mei aliorum Episcoporum meorum mando praepositis meis omnibus Likewise in the lawes of King Edmund Edmundus Rex congregavit magnam Synodum Dei ordinis seculi apud London Civitatem in Sancto Paschae solennis â—ui interfuit Odo Wulstanus Archiepiscopi alii plures Episcopi c. The same appears by the Subscriptions to the laws made by the Bishops and principal Clergy and Abbots of their several times which are so frequent to be observed in all ancient Charters and laws in the first Tome of our English Councils that I will forbear many particulars only one for example sake being the Custome then to testifie their approbations not by voting but by subscribing their names to approve and grant the laws made in Parliament and not to refer all to a Register or Clerk to take notice of what is granted and by what persons present The Subscriptions to a Charter of King Edgar to The Monastery of Glasten Ego Edgar Rex totius Britanniae praefatam libertatem cum sigillo sanctae Crucis confirmavi Ego Elfgina ejusdem Regis Mater cum gaudio consensi Ego Edward clito Patris mei donum cum Triumpho sanctae crucis impressi Ego Kinedrius Rex Albaniae adquievi Ego Mascusius Archipirata confortavi Ego Dunstanus Dorobernensis Ecclesiae Archiepiscopus cum Trophaeo sanctae Crucis cum suffrâ—ganeis praesulibus Regis donum corroboravi Ego Oswald Eboracensis Ecclesiae primas consentioni subscripsi Ego Ethelnoldo Wintoniensis Ecclesiae Minister Glasten Monachus signum sanctae crucis impressi Ego Britchtelm Fontarensis Episcopns consentiens corroboravi Ego Ellslam Episcopus confirmavi Ego Oswald Episcopus adquievi Ego Elfnolde Episcopus concessi Ego Winsige Episcopus cum signo sanctae Crucis conclusi Ego Segegar abbas vexillum sanctae crucis impressi Ego Escui abbas confirmavi Ego Ordgar abbas corroboravi Ego Ethelgar abbas concessi Ego Kinword abas Concessi Ego Fideman abbas consolidavi Ego Elphets Abbas subscripsi Ego Adulf Herefordensis Ecclesiae Catascopus corroboravi Ego Elphene Dux Dominae meae sanctae Mariae Glasteniensis Ecclesiae libertatem omni devotione cum sigillo sanctae crucis confirmavi Ego Oslâ—ck dux consensi Ego Ethelwine dux hoc donum triumphale hagiae crucis propriae manus depictione impressi Ego Osnald minister confirmavi Ego Elfwurde minister corroboravi Ego Elthesie minister consensi Ego Elâ—kie minister consensi Thus first the King Queen and Prince do subscribe then the Bishops afterward the Abbots and lastly the Noble-men howsoever they were then called The Bishops in all other Christian Kingdomes as in the Empire of Germany France Spain Portugal Poland Hungary and all others as Denmark and Sweden since the Change of Religion there have place and power in all their Parliaments and publick Assembies The Bishops Electors of Germany Ments Triers and Colen have place and precedency of the Temporal Electors the Duke of Bavaria Saxony and Brandenburgh as our Bishops had place sitting on the right hand of the King in the House of Lords and the Temporal Lords on the left hand And also out of the House the Bishops had precedency of all Barons