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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

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 a●nuo Parliamento convenere Regni principes tam Episcopi quàm 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 Te●iti● 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 ho● 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 Nolu●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 atroci●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 Rig●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

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 cap●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 Regi● 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

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

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