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A45195
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The honours of the Lords spiritual asserted, and their priviledges to vote in capital cases in Parliament maintained by reason and precedents collected out of the records of the Tower, and the journals of the House of Lords.
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Hunt, Thomas, 1627?-1688.
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1679
(1679)
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Wing H3755; ESTC R24392
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40,120
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57
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take the rest in Order onely premising this that t is true indeed we find fewer of this See upon the Civil Stage than any other most Offices being lookt upon as below the Archiepiscopal Dignity and therefore a Nobleman upbraided Hurbert Arch Bishop 1199. when he was made Chancellour of England Chief Justice of England and high Governour of all the Dominions under King Richard the first however we shall begin with his Person and See Canterbury Hubert under Richard 1. and King John who intrusted the same Prelate with the Government of the whole Realm at his departure into Normandy Gualter Reynolds Chancellour Ann. Dom. 1310. John Stratford Chancellour under Edw. 3. And when the King Invaded France no Person thought so fit in his absence to have the Government of the Nation entrusted to him Simon Islip of the Privy Counsel to the Edw. 3. John Stafford to Hen. 5. John Morton to Hen. 6. and Edw. 4. But we need not stand upon this when in truth it hath been seldom known that any of them have been at any time omitted Nor was this proper only to the times of Propery Come to the Reformation we find Arch Bishop Cranmer of the Privy Counsel to Hen. 8. and Edw. 6. and very active in Civil matters yet a man so averse to Rome so instrumental in planting the Gospel so Laborious so Holy that a great Apocalyptical man Mr. Brightman in his Commentaries oa the Apocalypse a man no friend to the Hierarchy takes him to be that Angel pointed at by God Rev. 14. that had power over the fire Under the renown'd Queen Elizabeth John Whitgift of the Council and had the Government of the Principality of Wates given to him YORK Waler Gray Chancellour under King John had the Government of the Realm entrusted to him under Hen. 3. William de Melton Successively Treasurer and Chancellour of England 1317. William de Zouche Vicegerent to King Edw. Ann. Dom. 1346. John Kemp Ann. 1425. twice Lord Chancellour And Thomas Young Lord Precident of the North An. Dom. 1561. LONDON There was not long since to be seen in St. Pauls the Monument of William Bishop of London who obtained from the Conqueror the City Charter to which the Lord Major and his Brethren the Aldermen used in a gratefull Commemoration every year to walk on foot He was Privy Counsellor to King William the Conqueror Mauritius Chancellour under the same King Eustachius de Falconbridge one of King Rich. 1. his Justices Chancellour of the Exchequer Treasurer of England and twice Embassadour into France Henry de Wingham Chancellour under Edw. 3. Ralph Boldoc under Edw. 1. Richard Bintworth under Edw. 3. Robert Braybrook under Rich. 2. Richard Cox Dean of Westminster whom I crave leave to name here as belonging to the Diocess of the privy Counsel to Edw. 6. And Bishop Bancroft sent Embassadour to Embden to treat with the King of Denmarks Commissioners Ann. Dom. 1600. DURHAM Geoffrey Rufus Chancellour of England Ann. Dom. 1140. Richardus de Marisco Ann. Dom. 1217. Anthony Beake of the Privy Councel Ann. Dom. 1294. Richard de Bury Cancellarius Ann. Dom. 1334. and Treasurer Ann. Dom. 1336. Thomas Langley Chancellor Ann. Dom. 1406. Thomas Ruthal of the Counsel to Henry 8. and as his Monument at Westminster testifies Secretary to Hen. 7. Richard Neyle of the Privy Council A. D. 1627. And here we cannot omit that known passage of Newbrigensis who brings in K. Richard making himself merry with the Bishop boasting what a feat he had done E Vetusto Episcopo novitium Comitem ego mirus artifex feci To make a New Count of an Old Bishop a Priviledge yet continued to that Ancient See WINCHESTER Swithan Chancellour of England under K. Egbert Ann. Dom. 860. William Giffard Chancellour under the Conqueror William Rufus and K. Henry 1. Peter de la Roch. Lord Chief Justice under K. John Sendall Chancellour 1316. William Edenden Treasucr under Edw. 3. William of Wickam Founder of New Colledge in Oxon Principal Secretary of State Keeper of the Privy Seal Master of the Wards and Treasurer of the Kings Revenues in France Ann. Dom. 1360. William Wainfleet Founder of Magdalen Colledge Oxon for his great Wisdom and Integrity long Lord Chancellor of England under Hen. 6. Richard Fox Founder of C. C. C. Oxon one of the Privy Counsel to Hen. 7. as Prudent a Prince as this Nation hath known and this Bishop as wise a Privy Counsellor as he a Prince continually employed either in matters of Counsel at home or Embassies and Treaties abroad ELY William Longchamp Chancellor Ann. Dom. 1189. after Chief Justice and Protector of the Realm when K. Richard the first undertook his Journey to the Holy Land Eustacius Chancellor Ann. Dom. 1196. John Hotbam Chancellor Ann. Dom. 1317. Simon Laughan And. Dom. 1361. first Treasurer then Chancellor of England John Barnet Treasurer A. D. 1366. John Fordham Treasurer Ann. Dom. 1385. William Gray Treasurer Ann. Dom. 1469. John Alcock Chancellor Ann. Dom. 1486 And Thomas Goodrick Chancellor under Edw. 6. LINCOLN Robert Bleuet Chancellor under the Conqueror Ann. 1092. Alexander under K. Henry the I. Lord Chief Justice of England Galfridus Chancellour A. D. 1180. Hugh de Wells Chancellour Ann. Dom. 1209. Walter de Constantiis Chancellour under Hen. 6. and Dr. Williams Dean of Westminster and after Bishop of this See made Lord Keeper by the Learned K. James COVENTRY and LICHFIELD Roger de Wiseman Keeper of the Great Seal Ann. Dom. 1245. William de Langton Treasurer Ann. Dom. 1226. Roger Northbrough Clerk of the Wardrope afterwards Treasurer Ann. Dom. 1322. Geoffrey Blyth Lord President of Wales Ann. Dom. 1513. Rowland Lee his Successor in the same Office Ann. D. 1535. Richard Sampson in the same Ann. Dom. 1537. William Smith Founder of Brazen-Nose Colledge Oxon in the same under Hen. 8. SARUM Osmond Chancellor of England always of the Privy Council and seldom separated from the Court under the Conqueror Roger Chancellor 1107. and under K. Stephen Ann. Dom. 1136. John Waltham Master of the Rools Keeper of the Privy Seal and after Treasurer of England under Richard the II. Nicolas Bubwith Treasurer Ann. Dom. 1407. William Ayscoth Clerk of the Counsel Ann. Dom. 1438. BATH and WELLS Robert Burnet first Lord Treasurer then Chancellour of England and always of the Council under Edw. I. John Drokensford Keeper of the Wardrope Ann. 1309. Robert Stillington first Keeper of the Privy Seal then Chancellour Ann. Dom. 1465. Oliver King Principal Secretary of State 1492. John Clark Master of the Rolls A. D. 1523. EXETER Leofricus first one of the Privy Counsel then Chancellour of England under the Conqueror though Sir Henry Spelman reckons him of Bath at that time and possibly he might be of both William Brewster of the Privy Counsel under Henry the 3. Walter Stapledon Founder of Exon Colledge Oxon first of the Privy Counsel then Treasurer under Edw. 2. John Grandesson Privy Counsellor to Edw. 3. John Voysey Lord
by their Proxies the next authority I shall make use of is a Parliament Roll it self of that year as I find it in Sir Robert Cotton's Collections intituled as followeth Placita Coronae coram Domino Rege in Parliamento suo apud Wegmonast diae Lunae proximae post Festum Exaltationis Sanctae Crucis Anno regni Regis Ric. 2. Post Conquestum 21. The Roll it self you may see in the Tower among the Records there kept It is of an Impeachment of the Earl of Arundel and Warr. c. for Treason c. the Articles were exhibited against him by several Lords as Edward Earl of Rutland Thomas Earl of Kent John Earl of Huntington c. which the said Lords were ready to prove the Crimes objected and demanded the Prisoner to be brought to the Bar which the Lord Nevil then Constable of the Tower did and the aforesaid Lords in their own Persons appeared also His Articles being read the Earl of Lancaster Lord Steward of England by the King's commandment and assent of the Lords declares the whole matter And thereupon the said Earl's answer to the Articles was demanded who pleaded two Pardons and prayeth they may be allowed but they were not whereupon Sir Walter Clopton Lord Chief Justice demands of him what he had farther to say for that if nothing more to say the Law would adjudge him guilty And the said Earl not pleading any thing else the Lords Appellants in their proper persons require that Judgment may be given against the said Earl as Convict of the Treason aforesaid Whereupon the Lord Steward of England by the assent of the King Bishops and Lords adjudged the said Earl Guilty and Convict of all the Articles aforesaid and thereby a Traitor to the King and Realm and that he should be therefore Hanged Drawn and Quartered and forfeit all his Lands in fee c. though the Punishment in regard he was of Noble Blood was changed and he was ordered to be Beheaded which was done by the Lieutenant of the Tower and this is a short account of that Trial for Blood in Parliament Where 't is plain and evident that the Bishops were there present for 't is said that the said Earl was adjudged Guilty and Convict by the assent of the King Bishops and Lords Q. E. D. Next we will produce another Instance and Precedent of the Condemnation of Thomas Arundel Archbishop of Canterbury who was accused by the Commons in full Parliament die loco praedictis where we find the Commons by their Speaker Sir John Bussy Petitioning the K. in manner following For that divers Judgments were heretofore undone for that the Clergy were not present the Commons prayed the King that the Clergy would appoint some to be their common Proctor with sufficient authority thereunto Whereupon the Clergy appoint Thomas de la Percy by their Instrument their Proctor who together with the King and the said Lords adjudged him the said Archbishop guilty of Treason and himself a Traitor The Crimes objected to him was his traiterous obtaining a Commission from the King whereby the Kings Royal Power was encroached his Subjects put to death without Royal Assent c. for all which he was found guilty as aforesaid What I observe in brief is this from this Trial. 1. That there had been divers Errors in Judgment which Judgments were in Law void for that the Bishops were not present 2. That hereupon the Commons Petitioned the King that the Bishops would appoint their Proxy and which accordingly they did Thomas de la Percy 3. He was Condemned by the said Court wherein sate Percy accordingly 4. That the said Bishops did not Vote there personally for that the Arch-bishop their Primate was Arraigned and it might not be seemly for them so to do And here we have the Case adjudged Judgments in Parliament Revers'd for that the Bishops were not Present by themselves or Proxys the Commons Petitioning the King that they would make Proxys a Judgment obtained for that the Bishops had made their Proxys Q. E. D. And if any be not satisfied they may see the Roll of Parliament as before among the Records in the Tower to which they are Referred Furthermore to make another discovery of the Inconstancy of the said Mr. Selden I find him in his Titles of Honour in the latter end of his Book Confessing that Thomas Becket Arch-bishop of Canterbury was Condemned by the Bishop of Winchester in Case of High Treason Vid. Titles of Honour And if any person would but a little reflect upon the Reason why the Bishops have not sometimes Voted in Cases of Blood but by their Proxies viz. Their respect they had to the Canons of the Primitive Church which might give them umbrage for their so doing And together with this what hath been said before of their being frequently appointed by the King and acting as Lord Chief Justices of England any person of an ordinary Capacity may guess at the Reason of their forbearing to Judge in Matters of Blood for the Reason aforesaid and their ready and chearfull compliance with their Princes Command when by the Law of this Land they were enabled so to do and which is a sufficient Supersedeas to the former Canon of the Church Another Precedent we have of the Bishops Personally sitting in Parliament held at Westminster on Monday next after the Feast of All Saints in the 3d of Hen. 5. wherein Henry Bishop of Winton was Chancellour wherein was Tryed Richard Earl of Cambridge and others for Treason for having Levyed men against the King and procured Edmund Earl of March as Heir to Rich. 2. to take upon him to be King of England and had Proclaimed him such in Wales and set one Thomas Trompington an Ideot and Scotchman to Personate Rich. 2. where the said Earl and others his adherents in that Action were Tryed and found Guilty the Lords Spiritual in Parliament being Present c. See the Records in the Tower Parl. 3. H. 5. p. 2. M. 4. Many other Precedents of a later Date and Time might be here Ex superabundanti added but I shall referr them for the matter of another Chapter they being all of them taken out of the Journals of the Lords House beginning in 32 Hen. 8. and ending 29. Eliz. 2. I might have enlarged in these which I have taken out of the Tower but I have purposely forborn to do it for that I find Mr. Selden himself in the days of 1642. granting me the Matter of Fact as clear and evident from the Ancient Records in the Tower of the Spiritual Lords Priviledges in this Matter And will now proceed to another Argument that the Bishops have Right to sit in all Cases as well Capital as Civil For that 4. they are undoubted Peers of the Realm which also I find Mr. Selden himself granting in his Priviledges of the Barronage of England p. 192. For there he saith Though some have doubted we know whom he means