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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
nay a small and inconsiderable part of that House voting the Temporal Lords useless and dangerous and that how they were enabled by being assisted by the help of Cromwell the late Usurper and the Army to accomplish what they had begun and the bad consequence of all we have seen with our eyes and Bishops God be thanked restored to their undoubted Rights and Privileges and that for as much as they were equally Barons nay the Bishops had usually the first in Summons they have also equal privileges to make their Proxies in Parliament as the Temporal Barons had we confess as before for that they were Spiritual persons they were not by the Council of Clarendon to sit in Capital Causes and loss of limb but then we must know that long before this they both had and exercised this Power as may be made appear out of John Crampton's Chron. c. 24. where amongst the Laws of Athelstane we read Episcopo jure pertinet omnem rectitudinem promovere Dei viz. saeculi debent Episcopi cum saeculi judicibus interesse judiciis and the ordering of all the Measures and Weights is there made of Episcopal cognizance the Standard being still left in the Bishops hands and out of Sir Henry Spelman's Glossary voce Comes Comes praesidebat foro comitatus non solus sed junctus Episcopo ut alter alteri auxilio esset consilio praesertim Episcopus Comiti nam in hunc illi animadvertere saepe licuit errantem cohibere so much confidence did the Antients repose in the Clergy that the guidance and overseeing of most temporal affairs was entrusted to them nay they had a check upon the Laity And thus lovingly with all sweetness and candor for 4 or 500 years during all the Saxons times and till that unhappy division by the Conquerour who defaced this beautiful and regular composure did the Church and State-Officers sit together in the morning determining Ecclesiastical affairs and in the afternoon Civil There were then no jars or clashings of jurisdictions heard of no prohihitions issuing out of one Court to obstruct the course of Justice in another thereby hampering the poor Client that he knew not which way to turn himself and I am perswaded there is no better expedient to prevent lasting vexatious suits and to relieve the oppressed than again to reconcile these two jurisdictions that according to the primitive usage as well Spiritual as Temporal Judges may be appointed in all Courts that Moses and Aaron may not interfere and quarrel but walk hand in hand Though I know this design does not rellish with many of the Long Robe yet 't is feared that attempting some such thing purchased the late Archbishop Laud no few enemies and was one especial cause of hastening his ruine yet we find Mr. Selden a Lawyer too lib. 2. de Synedriis proving that for the first 4000 years and better the Civil and Ecclesiastical Courts continued united and the first distinction proceeded from Pope Nicholas Gratian. Distinct 96. c. cum ad verum and that the Clergy do not meddle personally to vote in loss of life or limb proceeds from the Canons of the antient Church which forbad their presence in cases of blood but I hope that no sober man will hence argue that they being Barons of this Realm they must lose their Priviledges which belong to the Spiritual Lords as well as to the Temporal viz. To make Proxies though in Capital Causes when by the antient Canons of the Church they are forbid to be present which they have done and still have right to doe comes next to be discoursed of And first I shall make use of Mr. Selden's authority though no friend to the Bishops for reasons he best knew of who expressly saith in his Book of the Priviledges of the Barons of England Printed 1642. that omnes Praelati Magnates c. has this Priviledge Introduct Though he says there they had lost it by the Parliament 17 Car. 1. 1641. I hope now they are restored to it again that they had before he gives you sundry instances Cap. 1. these are his words § 2. That the course of Elder time was not that Barons onely made Proxies but other men as Bishops and Parliamentary Abbots and Priors who gave their Letters usually to Parsons Prebendaries and Canonists In the Parliament of Carlisle under Edw. 1. the Bishop of Exeter sent to the Parliament Henry de Pynkney Parson of Houghton as his Proxy The Bishop of Bath and Wells sent William of Cherlton a Canon of his Church and in like sort other of the Spiritualty of that time in the beginning of the 17th year of King Richard the Second the Bishop of Norwich made Richard Corqueaux being then Deane of the Arches Thomas Hederset being Archdeacon of Sudbury and John Thorp Parson of Epingham his Proxies by the name of Procuratores sive Nuntii and in the same time the Bishop of Durham ' s Proxies were John Burton Canon of Bewdley and Master of the Rolls and John of Wendlingborough Canon of London and other like in the same time By which also that of the preamble of the Statute of Praemunire is understood where it is said that the advice of the Lords Spiritual that was present and of the Procurators of them that were absent was demanded The like under Henry the 4th and 5th are found in the Rolls and under Henr. 5. the Archbishop of York gives the Proxies to the Bishop of Durham and to two other Clerks of his Province Nay farther that the Bishops used to give their Proxies in Cases of Attainder the said Mr. Selden expresly saith in the place forecited and also what sort of persons they used to make their Proxies he there likewise tells you adding withal this unhandsom reflexion That the Lords Spiritual had so much mistaken of late the Laws of the Kingdom and the Original of their own Honours by endeavouring to enlarge the Kingdom of Antichrist that they had now he means A. D. 42 lost both Priviledge and Vote in Parliament All sharp Reply to which I shall purposely forbear And secondly proceed to shew you express Precedents wherein they have Voted either Personally or by Proxies in Capital Causes and here I will produce Mr. Selden himself the Bishops adversary become their advocate who saith expressly p. 125. lib. cit That though in the Case of Appeal of Treason in a Parliament of the 11 of Richard the Second commenced by Thomas Duke of Gloucester and others against Alexander Archbishop of York Robert de Vere c. they absented themselves I mean the whole Spiritualty in that Parliament and would make no Proxy in their room for that time yet afterwards they agreed to do it in Cases of Judgments of Death Rot Parl. 2. Henr. 4. Rot. Parl. 2. Henr. 5. But he there saith that the first use of such Proxies was 21 Ric. 2. so that we have him confessing the Bishops sitting in cases of blood