than before and all the Writers of that Age must be corrected for representing him as a perfect Enemy of the Church To clear up this we will only give you one Instance cited from an Old Record Entituled Liber Sancti Albani Where we read this Passage of Frederick the then Abbot of St. Albans that to obstruct the March of the Conquerour he caused all the Trees round to be cut and laid them cross the ways wherewith the Conquerour being stopt in his march sent in some passion for the Abbot who under his security coming to him the Conquerour demands the Reason for the cutting down the Woods the Abbot resolutely answers him that I have done but what became me and if all the Spiritual Persons through the Kingdom had used their Endeavours against thee as they might and were in duty bound to have done Thou wouldst never have been able to have entered the Land thus far The Duke then replying Is the Spiritualty of England of such Power if I live and enjoy that which I have gotten I will make their Power less Add to this that stategem of the Kentishmen in surrounding the King and forcing him to a Composition which they did under the Conduct of Stigand their Arch-Bishop which thing ever after netled him and that he was never heartily reconciled to the Church and proved afterwards as good as his word to the Abbot oppressing the Clergy all his Reign bringing them under Knights-Service and Ordering how many Souldiers each Bishop should maintain for him and his Successors the Church as beforesaid being ever free from that bondage Let no Man then say that the Conqueror who was ever look'd upon by the Bishops as their Enemy did them any Acts of Grace or Havour by erecting each Bishoprick into a Barony which thing was ever by the Bishops look'd upon as a grievance and a more glorious piece of slavery This was in deed a shrew'd shaking to the Bishops yet still they preserv'd their Votes in all Assembliâ—s and Parliamentary Summons are ever directed Archiep. Ep. c all antient Charters and Grants subscribed after the usual Form in those times Testibus Archiep. Ep. In a Treatise Entituled The Form and Mannor of keeping Parliaments whereof it seems there are two very antient Copies the M. S. in Arch Bods the other in Sr. Rober Cottons Library the first of which was perused by Mr. Selden and he allows it to be as long standing as Edw. 3d. but the Lord Chief Justice Cooke adds near 200 years more and raises it to the Conqueror's time which the Title indeed pleads for we are here told that 40 days before Summons are to be issued out to the Archbishops Bishops and other great Clarks that held by County or Barony and that the Clergy in each Shire are to have Two Proctors representing them which in some things had more Power than the Bishops for we are there informed that the K. may hold a Parliament for the Commonalty of the Realm without Bishops Earls or Barons so they had summons though they come not but on the cottrary if the Commonalty of the Clergy and Temporalty being warned either doth not or will not come in this Case whatever the King doth with his Bishops Earls and Barons is of none effect for that to all Acts of Necessity the Commonalty of Parliament must consent i. e. the Proctors of the Clergy Knights of the Shire Citizens and Burgessâ—s for their Persons represent the Commonalty of England but the Bishops Earls and Barons represent only their own Persons There is they say another M. S. in Bibl. Cotton confirming the same and citing other large Priviledges of the Clergy I know indeed Mr. Prinne hath questioned the Authority of both these books in Bar of which I return the Authority of Cooke and Selden and particularly the first who saith in his Institutes that 26 Spiritual persons ought ex debito Justitiae to have a Writ of Summons sent them every Parliament These things premised we will now desire of the Clergies greatest adversary that he would produce instances of any solemn meetings Wittena gemots or Parliaments whereunto the Clergy were not summoned any Statutes publickly enacted during all the Christian British Saxon Danish or Norman times without their assistance and advice As for the precedent of their Exclusion under Edw. 1. at the Parliament held at St. Edmondsbury which some triumph in if there be any truth in the Narrative as hath been and is still questioned we know and can prove 't was done in a pett and transport of Royal displeasure for their too obstinate adhering to the Bishop of Rome in the Scottish quarrel and for their noncompliance with their Kings demands Who yet the very next Parliament about a year after makes an Apology for this charging all upon the Exigencies of his affairs And why should this single instance so circumstantiated be urged more against the Clergy than that other is against the Lawyers who were shut out of a Parliament under Henr. IV. where we yet find the Bishops and amongst others Thomas Arundel stoutly resisting and preserving the Clergies Temporalities which these Church-robbers gaped after who so they might spare their own Purses were content to spoil their God to relieve their King Certainly if envy it self could have found the least colour of Law to deny them this privilege it had never been reserved for this last and our most unhappy age Many times have they been struck at many great blows have they received as at Clarendon under Henr. II. where their wings were indeed much clipt yet their privilege of sitting and voting in Parliament is left entire to to them for that the words are Episcopi intersint Curiae Domini Regis cum Baronibus quousque perveniatur ad diminutionem membrorum vel mortem and though they never voted of late in Capital Causes yet that they however made their Proxies I hope shall be made appear by what follows together with their forbearing to vote in Capital Causes and the reason of it shall be farther discoursed of CHAP. VII The Estate of the Bishops and Clergy from the Conquest as to their Voting in Capital Causes in Parliament till the times of King Henr. VIII VVE have before intimated the common usages and rights of the Bishops to sit and vote in Parliaments in all antient times and that as Peers and Barons of the Realm we now aver they have a Power to sit and vote in all as well Criminal as otherwise either by themselves or Proxies lawfully constituted which is a privilege of the Peerage and therefore belongs to the Bishops as such 't is very well known what Mr. Selden hath wrote in his Book of The Privileges of the Peerage of England that the Bishops was debarred of their privileges by an Act of Parliament 17 Car. I. Ann. 1641. and that he was a great notorious stickler in it but 't is as notorious that not long after we find the Commons
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
redress being found to their bitterest complaints from the Lay Judges who in some places made sport at their Miseries and Oppressions as if nothing had been too hard or insupportable for their shoulders now those days through Mercy are over and must be forgotten to receive almost in all places the same hard measure from their pretended well-wishers This strikes to the very heart When no regard is had of all their past sufferings First-fruits Tenths no small standing revenue of the Crown amounting as some compute to near 40000 l. per annum which they joyfully discharge but they must still be left to the arbitrary disproportionate Impositions of every Domineering insolent Officer The consideration hereof hath convinced many formerly of a different perswasion that 't is not only usefull but expedient yea necessary for the Church to have some of his own Ordering Power to protect them and to hear and redress their just grievances But what further concerns the Clergys Priviledges and just Rights being so learnedly handled by the Immortal Spelman and the general ones so fully Collected by Rebuffus de Stud. Priv. and others I shall not here any further enlarge upon them The grand concern at present and which we principally design is how far they were Priviledged as to publick Assemblies and State Consultations And that the Holy Constantine and many other famous Kings and Emperours have made use of their advice both at Home and Abroad employed them in Embassies and other important Transactions hath been already demonstrated And here in the first place if such an argument could hope to sway with us Christians it would soon be proved that those who attended the Worship of the Heathen gods were admitted in Greece the then most knowing and civilized part of the World into their Pan-Aetolium and Amphyctionian Counsels Amongst the Athenian Areopagites and Roman Senators and that the Old Gauls divided their states in Druidas who had omnium rerum immunitatem Equites Plebem as the Egyptians before did into Priests Soldiers and Tradesmen But leaving Gentilisme we will hasten to Christendome And here once for all desire our Reader to consider that by the fundamental Constitutions of the most and best settled Nations in Europe there are three States generally settled whereof the Clergy is ever one Now to make this good though we might produce variety of instances yet we shall content our selves with the single Testimony of Calvin alone knowing that it will go farther with some than a Jury of others This we find expresly asserted in his Institutions l. 4. c. 20. Sect. 31. In singulis regnis tres sunt ordines c. which how to make up without the Spiritualty will be hard and beyond my skill In our Neighbour Nation of France the practise is notoriously known the ancient stile of the Royal Edicts always running as 't is Recorded of Pepin Ann. 744. Per Consilium Sacerdotum Optimatum ordinavimus Per Consilium Sacerdotum optimatum ordinavit Carolamanus Thuanus passim It might farther be noted that six Prelates are here Pairee of that great and famous Kingdom three of them being stiled Dukes and three Counts See Seldens Titles of Honours and yet the whole number of the Pairee exceeds not Twelve As likewise the Arch Bishop of Paris hath a peculiar indulgence in being present in every Court of that Royal City without exception Chappinus Look we into Hungary where Thwroczius informs us that by the Fundamental Constitutions of King Stephen the Bishops in Concilio Regis primi adsistunt Poland comes behind none in its Reverence and Respect for their Clergy where the Arch Bishop of Gnesna is Primas Regni Princeps primus Stanis Kristanowick in discrip Polon whose jurisdiction is not limited to the Spirituality alone but hath the chief place in the Rank of the Senators assigned him and is of the greatest Authority in all publick Consultations And when at any time there happens an Interregnum as it frequently doth in those Elective Kingdoms it belongs to him to summon a Dyet to give Audience to Forreign Embassadours and to appoint a time and place for the Election of a New King Our Author farther enlargeth this to have proceeded from the Piety of the Popish Kings towards the Church that the Sons of it should for ever hold the highest places in their Conventions with many other Priviledges which to this day they enjoy in his own words and he no Clergyman neither but a Lawyer Maxime illius Regni commodo emolumento adjumento addo ornamento Cromerus another Historian of that Country adds that there is ever a Royal standing Council assigned the King of which there is to be two Arch Bishops and seven Bishops And how considerable a number in all the German Dyets the Ecclesiasticks are Panvinius is a Witness beyond exception who reckons thirty four Bishops that have their Votes there besides Abbots Priors c. who pass for Religious Persons and in the Septemvirate we find no less than three Clergy-men Mentz Arch Chancellour of Germany Coln of France and Triers of Italy I shall wholly out of this Collection omit Spain and Italy as being such known vassals to the Pope where the Clergy Rule the Roast But one word dashes all this with some They are Papists a doughty argument to condemn any thing though backed by never so strong reasons And let us examine how matters stand with others Andreas Bureus in his Description of Sueden acknowledges that the Ecclesiasticks were heretofore the Prime men in the Senate till the Covetousness of Gustavus the first despoiled them of their Revenues Yet since the Reformation they still to this day retain their suffrages in all Publick Dyets of the Kingdom And when the New Crowned King makes choice of his Counsellors the Arch Bishop of Upsal is still the first who is allowed a greater proportion of Attendants when he comes to the King than any Noble man in the Nation no fewer than Forty Horse being permitted him whereas the retinue of the other Noble men must not exceed Thirty And in the great Assembly at Lincopen Ann. 1600. we find both Bishops and other Ecclesiasticks And as to Denmark Pontanus recites Seven Bishops as the Ecclesiastical Nobility and these have their Votes in all Grand Meetings Jonas ab Elvervelt distributes the States of Holstein into three Orders 1. King and Princes 2. Prelates 3. The Families of the Nobles And he makes the Bishops of Lubeck and Slewick the two Prime Peers in all their Dyets In Scotland it is known that anciently the Bishops and Prelates were Essential Members of the Parliament and had their Seats as ours here in England on the Right hand of the King And in a Parliament held at Edenborough Ann. 1597. a Vote passed for restoring the Clergy to their Original Priviledges as the Third Estate in that Kingdom the Learned Prince King James Condemning that Act of Annexing their Temporalities to the Crown as Vile and Pernitious Basil
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
sit at the Helm and are much better able to determine than my self But the consequences of that opinion seem directly to aim at the Leveling of Sovereignty and making it accountable to the other two in their esteem Coordinate Estates Now by restoring the Spiritualty the only true third Estate to its due Rights and antient Priviledges for that it is the true third Estate the Lord Chief Justice Cook saith in the Fourth of his Institutes and the Act of Parliament of the 8 of Eliz. c. 1. speaks to the same thing this may be the most ready and most natural expedient to remove that destructive and dangerous opinion out of the minds of an unlearned and fickle multitude So may the Crown be safe and the Mitre no longer trampled on Et quae Deus olim conjunxit nemo hoc sequiori saeculo seperet Faxit hoc Deus qui solus potis est CHAP. VIII Precedents of the Bishops Sitting and Voting in Capital Causes from the Reign of of King Hen. 8. till the 29th of Eliz. I shall begin with the Attainder of Cromwel Earl of Essex who was attainted in Parliament for Treason c. the Articles are every extant and may be seen the first reading of his Bill as I find it in the Journal of the Lords House was upon the 17th of June 32. Hen. 8th at which reading were present Fourteen Bishops who they were you may see in the Journal at the second reading which was the 19th of June of the said year 32. Hen. 8. were present sixteen Bishops whose Names and Sees there you may find at the third and last reading were sixteen likewise Vid. Journal ut supra the Bill it self past the Royal Assent the 24th of July following when were 14 Bishops present The next shall be the Attainder of Tho. Duke of Norf. and Henry Earl of Surry 38. H. 8. This also was an Attainder in Parliament The first reading of the Bill against these Noble Lords was on the 18th of January Anno Regis supra dicto when were present ten Bishops the second reading was the day following when were present nine Bishops The third and last reading was on the 20th of the same Moneth when were present thirteen Bishops the Bill past the Royal Assent January 27th 38. Hen. 8. the Bishops likewise then present The third instance of Hen. D. of Suffolk which indeed was an Attainder at Common Law but afterward confirm'd in Parliament A. 1 2. Phil. et Mar. at the first reading were present 12 Bishops the Bill was read 5 Jan. Anno supradicto at the 2d reading which was two days after on the 7th of January were present eleaven Bishops and on the next day the Bill had its last reading in the Lords House at which were present eleaven Bishops the Lords Spiritual were likewise present at the passing of the Bill which was on the 21 of Jan. following in each of these the Journal if consulted will satisfie any The 4th Precedent shall be in Seymore the Lord Admiral who was attainted for Treason in the 2d of Edw. 6. for that he purposed to destroy the young King and to translate the Crown unto himself for which and other Crimes objected he suffered Death on the Tower-Hill at his Attainder were Present nineteeen Bishops I might have before added the Case of the Lord Hungerfords-Attainder in Parliament who was condemned in Parliament in the 32. of Hen. the 8th at whose Tryal and Condemnation were Present no fewer than seaventeen Bishops Vid. Journal of the Lords House I will only add two more Precedents and close with them they are in the Reign of the Peaceable Queen Elizabeth in whose times if ever the Actings in Parliament were regular and orderly the first is the Case of the Earls of Northumberland and Westmoreland for their Rebellion in the North and endeavour to bring in Popery at whose Condemnation were present thirteen Bishops Vid. Journal and lastly that of Pagets in the 29th of the said Queen at which were ten Bishops Vid. Journal as before I shall only add one thing more and that is the Protestation of the Bishops 11. R. 2 where they give the reason why they refused to be put in some Parliaments their words Quia in hoe Parliamento agitur de nonnullis materiis in quibus non licet nobis juxta sacrorum Canonum instituta quomodolibet personaliter interesse but they there add a Salvo to their right in the beginning of their Protestation Quod ad Archiepiscopum Cantuar. qui pro tempore fuerit nâ—c non caeteros suos suffraganeos Confratres Co-episcopos Abbates et Priores aliosque Praelatos quoscunque Baroniam de Domino Rege tâ—nentes in Parliamento Regis ut Pares praed personaliter interesse pertinet ibidemque de regni negotiis aliis ibi tractari consuetis cum caeteris dicti regni Paribus aliis consulere ordinare statuere desinire ac caetera facere quae Parliamenti tempore ibid. intendet facien ' c. t is true indeed that as they never intended but that the Appeals Pursuites Accusations Judgements had and rendred c. upon their voluntary absenting themselves they should be good and valid in the Law as their Protestation expresly granteth yet by the same their Protestation they reserve their right of being present c. doing every thing else which any other Peer though Temporal might do And that they did Vote in the 21st of this Kings Reign by their Proctor in the Condemnation of the Arch-Bishop of Canterbury Yea and upon the Commons Petition too for that many judgments had been reversed for that they were not present as is before proved and Personally also in the Condemnation of the Earl of Arandel and Wardour c. the Duke of Lancaster being then Lord High Steward Vid. Plaoit Coron c. 21 Ric. 2. in the Records in the Tower The Roll marked with the Letters F. I. It is well known that out of respect to the constitution made in the Council held at Westminster that no Clergy-man should agitare Judicium Sanguinis This Council is mentioned in R. Hovenden in H. 2. p. 30. the Clergy have some time forborn to intermeddle in such matters and on the other side 't is as notorious that many of that Order have been Lord Chief Justices of England and that none have discharged that Office better more to the Content of the King and Subject and the Benefit of the whole Commonwealth FINIS Ad. Sec. 1. * Euseb Ecc. Hist 10. c. 7. Zom l. 1. c. 9. Exerc. 13. c. 5.