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

Divine Institution But in this our Church Christian princes have further allowed the Clergy authority by virtue whereof they inflict civil punishments on Hereticks Schismaticks and other despisers of the Church As also many sage and grave Divines are in divers places endowed with the publick power of Justices of peace Concerning this jurisdiction let us inquire whether it may lawfully be granted to Churchmen which that it may lawfully be done these following reasons have induced me to beleive It is first to be considered that both these jurisdictions tend to the same end of promoting justice and brideling Vice but with this difference That that power which is meerly Spiritual makes use only of Spiritual means whereas the weapons of Civil authority be coactive and external as Imprisonment Fines and corporal punishments Here therefore would I know why it should be esteemed a wicked and unlawful Act not suiting to the holy function of a priest to correct Hereticks Schismaticks and other like and notorious disturbers of the Christian Common-wealths peace as well with civil and bodily Chastisements as those of the Spirit where power is given so to do to resist and pull down Vices c. To resist and pul down Vices by either way is a good and plausible action and of it self misbeseeming no person though never so holy The blessed Angels of heaven deem it a thing in no wise contrary to their Sanctity in the name and command of God to smite the prophane with corporal punishments why then should the Angels of the Church think it not lawful to adjudge the same Delinquents to any deserved punishments when by the Decree of their Soveraign Gods Vicegerent here upon earth it is so determined For the execution of Civil authority is not of it self repugnant to any person how holy soever nor disagreeing to the office of priesthood Again the high and absolute power of the giver perswades me that Church-men do by good right exercise this Jurisdiction For the King being by Gods appointment the Fountain of all Civil authority may without offence derive some rivolets thereof to what persons he shall think fit whether Lay or Ecclesiastical I said but some rivolets because though no Temporal office by Gods Laws are forbidden the Clergy Wisdome and Equity permit not Kings so far to burthen with State affairs as wholly to divert them from their spiritual function This power therefore is so to be intrusted to them as it may be an ornament or furtherance to the Church-Government no hinderance or obstacle thereunto But it is not for every vulgar judgement or envious piece to determine how far this Jurisdiction is to be granted to the Clergy so that it may help and not trouble them in their Ministry But what Aristotle the Life of Philosophers said concerning the mean in virtues that it is to be ordered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the wise man shall think fit may be applied to this Temporal Jurisdiction that it is so far to be communicated to Churchmen as a judicious and wise prince shall think convenient Seeing then that it hath pleased christian Kings to arm the Clergy with some civil jurisdiction and ordain that to the greater improvement of Christianity and casting down of wickednesse they should exercise both Ecclesiastical and civil jurisdiction it is most apparently lawful and pious and plainly necessary by the aid of both Jurisdictions as with a two-edged sword to preserve piety and the peace of the Church and cut off its opposers Thirdly because to many it seems unfitting the Successours of the Apostles should exercise an authority which the Apostles themselves had nothing to do with Let us observe the difference of times and thence gather that this civil Jurisdiction is as expedient and necessary to the Divines of our time as it was altogether unnecessary and unprofitable to the Apostles Civil Jurisdiction is by the cheif Magistrate to be conferred on those that are subordinate and according to his Laws to be administred As long therefore as the Rulers of the earth waged war against the truth of the Gospel neither could they assign nor the Apostles without scandal to Christ and the downfall of Religion have received any temporal power from their hands But since Kings and their Laws began to subject themselves to Christ civil Authority by them given to the Ministers of Christ might have been a great furtherance to the advancement of the Gospel and more happy Government of the Church Furthermore the Apostles and Fathers of the primitive Church were from heaven endowed with an extraordinary and miraculous power which did more avail to the confirmation of Christians in faith and obedience then any civil authority But now the government of the Church is in the hands of ordinary ministers who being disarmed of that divine and miraculous power are conveniently guarded with this Temporal and ordinary Jurisdiction Lastly When the Christian Church was in her infancy piety was more deeply rooted in the breasts of the Disciples and if they would have resisted the Discipline of the Church their rebellious minds were soon quelled by the cruelty of persecution and hourly imminent danger of violent death But now the Christian world wholly possessed and carried away with pride and Luxury hath so clean layed aside all respects of piety and modesty that all the spiritual power of the Clergy and Church-discipline if not seconded by civil jurisdiction breeds rather scorn and contempt then amendment in the malicious remorse of this present age Think then what rash and incompetent Judges they are who from the Apostles and their days conclude temporal Authority not requisite to our ordinary ministers A fourth argument may be drawn from Gods own institution and the most ancient practise of the Church God himself did annex civil jurisdiction to the office of Priesthood it is therefore no strange thing nor against the divine Law that a Clergy-man should bear sway in temporal affairs As appears fully in the former Treatise here before cap. 1. and 2. Where it is shewed that in all Courts of Iustic● in Israel the priests and Levites were the principal Iudges both in the great Councel sitting in the Temple at Ierusalem and in the second Court of Iudgement residing in principal Cities Eli Samuel the Macchabees together with all the High-priests in the Old Testament did exercise this kind of authority But why it continued not for some hun-hundred years after the Gospel is made evident by reasons above alleadged But since Constantine the great submitted his Imperial Scepter to Christ you shall in all ages find the godly Bishops and Fathers of the Church administring Civil Jurisdiction by Religious Emperours to them imparted which if time would serve might be clearly testified out of Ecclesiastical Histories and Councels and out of the Emperours own laws but these are so sufficiently known to the learned that the citation thereof would prove an unnecessary

And the two Arch-bishops of Canterbury and York had place of any great Temporal Lords Dukes Earls and Marquesses or great Officers as appears by the Statute of 31. Hen. 8. c●p 10. and Lord Cooke 4. Instit. pag. 361. and to what end should they hold such priviledges and places of Honour in Parliament unlesse they had the right and power of voting in all Cases unlesse in cases of blood and all our ancient Parliaments and Statutes do fully reckon the Lords Spiritual in the first place and then the Lords Temporal and lastly the House of Commons These being the three estates in Parliament but the Kings person doth not make one of the three estates as some of late have affirmed but Lord Cook the great Oracle of our Common-Law doth otherwise account 4. Instit. cap. 1. Shewing of what persons the Parliament consisteth This Court consisteth of the Kings Majesty sitting there as in his Royal politick capacity and of the three estates of the Realm viz. First Are the Lords Spiritual Arch-bishops and Bishops being in number 26. who sit there by Succession in respect of their Counties or Baronies parcel of their Bishopricks which they hold also in their politick Capacity And every one of these when any Parliament is to be holden ought ex debito justitiae to have a Writ of Summons 2. The Lords Temporal Dukes Marquesses Earls Uiscounts and Barons who sit there by reason of their dignities which they hold by Descent or Creation in number at this time 106. and likewise every one of these being of full age ought to have a Writ of Summons ex debito justitiae 3. The third estate is the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Burroughs All which are respectively elected by the Shires or Counties Cities and Burroughs by force of the Kings Writ ex debito justitiae And none of them ought to be omitted and these represent all the Commons of the whole Realm and trusted for them and are in number at this day 493. In the beginning Romulus ordained a hundred Senators for the good Government of the Common-wealth afterwards they grew to 300. and so many were of the House of Commons in Fortescues time cap 18 fol. 40. as Lord Coke alledgeth him How the number of the Commons is increased to 500. or more let them inquire that please perhaps the number of Burgesses of Corporation and some Towns which the Kings have lately allowed to come unto the Parliaments may be a reason of their great increase Lord Coke saith that anciently when the Parliaments were holden at Westminster the Commons ●ate in the Chapter-House of the Abbot of Westminster and the Common Chronicles do mention that heretofore in the time of H. 8. The Commons sate in the Black Friers where there were many large Chambers and Rooms But since the distinction of Cottages and free-Chappells 1. Ed 6. c. 14. The Commons sit in the ancient and beautiful Chappel of St. Stephens Abbey founded by King Stephen so that they now sit in the Temple of God The learned Montague against Selden cap. 1. pag. 290 saith that Sedet in Templo Dei may be understood either Materiraliter as the great Turk doth whose palace is that which sometimes was the chief patriarchal Church built by Iustinian the Emperor the Church of sancta Sophia or spiritualiter taking it for contra Ecclesiam Dei by persecuting Christians in quantum Christians for that they profess the name of Christ Jesus who are the living Temples of the Holy Ghost c. The Bishops presence and voting in the Parliaments may well seem necessary in these times when the Parliament doth undertake to determine Controversies of Religion of the greatest difficulty as of predestination absolute Reprobation universal Grace Free-will and final perseverance Sir Iohn Eliott and Iohn Pym zealous men in Religion would not yield to the King 40 Caroli Tunnage and Poundage till they had first setled Religion touching the points of Ariminianisme they accounting that Arminius was an upstart Heretick very dangerous to the truth as Rushworth relateth in his Collections p. 659. Now if Parliaments will undertake to dispute and determine such great and difficult points of Religion as of Predestination absolute Reprobation universal Grace Free-will and final perseverance It is fit that the learned Bishops should have power to vote in such difficult matters of so great Concernment as well as any Members of the House of Lords or Commons for it is well known that many of the Bishops are men of excellent Learning judgement and abilities as being long trained up in the Universities and some of them publick professors reading Lectures in Diuinity and Heads of Colledges that they might be well informed concerning these points or any other better then Sir Iohn Eliott or Iohn Pym or any other Member of the House of Commons whosoever he be or of the House of Lords whereof very few are learned or expert in the difficult points of Gods Decrees And whosoever is wise and sober will be willing to refer these matters to the Convocation who are a part of the Parliament and have the same priviledges as other Parliament men have as Lord Cook sheweth 4. Instit. cap. 74. pap 322. c. And their proper office and duty is to debate of matters of Religion of Heresies Schismes and other like matters as Lord Cook sheweth very fully The Bishops being the principal men that Reformed our Religion made the 39 Articles both the lesser and greater Catechism Common Prayer Book and the Book of Ordination the Homilies and whatsoever else hath been setled in Religion so that they are most necessary and fit to be present in all Parliaments Dr. Burgesse having written an examination of the reasons asserted by Bishop Hall and Archbishop Williams of York And this Author having written against his examination of the reasons the Doctor made a further Reply Wherein he saith pag. 5. that if it can be made good that in the * Wetten-Gem of the Saxons the Bishops exercised a legislative power in voting of laws as our Bi●hops have done in Parliaments the Examiner must provide him another Advocate for my part I must yeild the cause I hope it appears clearly by that is here alledged out of good Authority that the Bishop had a legislative power in voting and therefore by his own confession he must yeild the cause and contend no farther about it There is one reason further to be considered why the Bishops might well be of great Authority in all Parliaments and publick Assemblies and that is by reason of their Learning and Knowledge in languages and matters of Law and policy which they got by travail into forraign parts for most of them in their youth were bred in the English Colledge at Rome which was built and endowed by the Kings of England Ina and many others after him for the education of Learned Scholars sent

confidebant orationibus quam armorum defen●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 Churc● 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 Red●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 te●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 unaqu●que hyda quatuor solidos Ecclesia non excepta quorum dum fiere● collectio proclamabat Ecclesia libertatem suam reposcens sed nihil pr●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 dep●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 Gl●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 sort●untur Baronias sola fundorum investi●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 B●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 ●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