That the bishops in England may and ought to vote in cases of blood written in the late times upon occasion of the Earl of Straffords case / by [a] learned pen ; with some answers to the objections of the then Bishop of Lincoln, against bishops voting in Parliament.

THE Bishop of Lincoln's ARGUMENTS, That Bishops ought not to Vote in Parliament, With the Answers thereunto.

Arg. I. BEcause it is a very great hindrance to the Exercise of their Ministerial Function.

Answer, 1. It is not so much hindrance, as their convene∣ing in General Councils, Synods, Convocations, Assemblies, Classes, and the like in all the Churches Reformed or other∣wise.

2. It is propter majus bonum Ecclesiae.

3. The Apostles unnecessarily put themselves to more hin∣drances, to work for their livelyhood, Acts 20.24. 1 Thes. 2.9. 2 Thes. 3.8.

Arg. II. Because they do vow and undertake at their Ordination, when they enter into Holy Orders, that they will give themselves whol∣ly to that Vocation.

Answer, 1. This Vow and undertaking in Ministers Or∣dination is quite mistaken; the words are in the Bishops ex∣hortation, not in the Ministers Answer.

2. The Bishop hopes they will give themselves wholly to that, and not to any other Trade or Vocation.

3. Wholly, in a Moral, and not in a Mathematical sense that will admit of no Latitude.

Arg. III. Because Councils and Canons in several Ages do forbid them to meddle in Secular Affairs.

Answer. 1. Councils and Canons against Bishops Votes in Parliament were never in use in this Kingdom, and therefore

they are abolished by the Statute of 25 Henry the 8th.

2. So are they by the same Statute, because the Lords have declared, That the Bishops Vote here by the Laws and Sta∣tute of this Realm; And all Canons that Cross with these are there abolished.

3. So are they by the same Statute, as thwarting the Kings Prerogative, to call Bishops by Summons to Vote in Parliament.

4. So are they by the Vote in the House of Commons, 21 Maij. 1641, Because they are not Confirmed by Act of Par∣liament.

5. This Argument was deserted by Mr. Perpoint, and con∣fest to be but an Argumentum ad hominem.

Arg. IIII. Because the twenty four Bishops have a dependancy up∣on the Arch-Bishops, and because of their Oath of Canonical obedience to them.

Answer. 1. They have no dependancy upon the Arch-Bi∣shops, but in points of Appeal and Visitation only, and owe them no Obedience but in these two points; None at all in Parliament, where they are Pares, they are equals, and as Bracton tels us, Par in Parem non habet imperium. What hath Ca∣nonical Obedience to do with a Vote in Parliament, declared in this Bill to be no Ecclesiastical but a Secular Affair?

2. This Argument reacheth not the two Arch-Bishops, dis∣charged in the Rubrick from this Oath, and therefore is no Rea∣son for the passing of this Bill.

Arg. V. Because they are but for their Lives, and therefore are not fit to have Legislative Power over the Honours, Inheritances, Persons and Liberties of others.

Ans. 1. Bishops are not for their Lives only, but for their Successors also, in their Land and Honour: As the Earls and Barons also are for their Successors in their Lands and Honours, and holding their Lands in Fee-Simple, may with as good rea∣son Vote in the Honour, Inheritance, Persons and Liberties of others, as others may and do in theirs.

2. Many Peers have been Created for their Lives only, and the Earl of Surrey for the Life of his Father, who yet Voted in this House.

3. The Knights Citizens and Burgesses are chosen for one Parliament only, and yet use their Legislative Power, nor will their being Elected difference their Case; for the Lords use that Power in a greater eminency, who are not Elected.

4. A Burgess that hath a free-hold but for term of Life only, may Vote and assent to a Law in Parliament.

5. No such exception ever heard of in the Diets of Germa∣ny, the Corteses of Spain, or the three Estates in France, where the Prelates Vote in all these points with the Nobility and the Commons.

Arg. VI. Because of Bishops dependancy and expectancy of Tran∣slations to places of greater profit.

Answ. 1. This Argument supposeth all Kings and all Bi∣shops to be very faulty, if they take the time of their Votes in Parliament from these dependancies and expectancies.

2. This may be said of all the Kings great Officers, of all the Noble Members of both Houses, who may be conceived as well as Bishops to have their Expectancies, and consequently to be deprived by this Reason of Voting in Parliament.

3. This Argument reacheth not at the two Arch-Bishops, and so falls short of the Votes which are to be taken away by this Bill.

Arg. VII. That several Bishops have of late much encroached up∣on the Consciences and properties of the Subjects, and they and their Successors will be much encouraged still to encroach, and the Subjects will be much discouraged from Complaining against such encroachments, if 26 of that Order be to be Judges upon these Complaints. The same Reason extends to their Legislative Power in any Bill, to pass for the regulation of their Power, upon any emergent inconveniency by it.

Answ. 1. This Argument fights not against Bishops Votes in Parliament, but against their Votes in Convocation, where (if any where) they have encroached upon the Consciences and Properties of the Subject. Nor yet at the Votes of such Bi∣shops there as are not guilty of this Offence. Nor need the Subject to be discouraged in Complaining against the like Grie∣vance, though 26 of that Order continue Judges; for they shall not Vote as Judges in their own Cause, when they are Legal∣ly Charged: And if they should Vote, what were that to the purpose, when the Lay-Peers are still four to one? The Bishops (Assisted with a double Number of Mitred Abbots and Priors) could not hinder the Laws made against the Court of Rome, the Alien Cardinals and Prelates, the Provisors, the Suiters to the Popes Consistory under Edw. 3d, Rich. 2d, and Hen. 4th, Much more may those emergent exhorbitances of the Ecclesiastical

Jurisdiction be soon curbed and redressed in this inequality of Votes between the Temporal and Spiritual Lords. So as this Argument doth not so much hurt the Votes, as it quails the Cou∣rage of the Bishops, who may justly fear, by this and by the next Argument, that the taking away of their Votes is but a kind of forerunner to the abolishing of their Jurisdiction.

Arg. VIII. Because the whole Number of them is interessed to maintain the Jurisdiction of Bishops, which hath been found so grievous to the three Kingdoms, that Scotland hath utterly abo∣lished it, and Multitudes in England and Ireland have Petitioned against it.

Answ. 1. This Argument is not against the Vote of Bishops, but against Episcopacy it self, which must be removed because Scotland hath done so, and some in England and Ireland would have it so, and yet peradventure ten times as great a Number as these desire the contrary.

2. There will be found Peers enough in the Upper-House, to reform any thing that is amiss in the Ecclesiastical Jurisdi∣ction, although the twenty six Prelates should be so wicked as to oppose it; as there were found Peers enough in that Noble House to curb the Court of Rome, and the Revenues of the Cardinals under Edw. 3d, to meet with the Provisors under Ric. 2d, to put all the Clergy into a Praemunire under Hen. 8, and to Reform the Religion 1^o Elizabeth, notwithstanding the Opposition of all the Bishops.

Arg. IX. Because the Bishops being Lords of Parliament, it set∣teth too great a distance betwe•••• them and the rest of their Brethren in the Ministry which occasioneth pride in them, discontent in others, and disquiet in the Church.

Answ. This is an Argument from Moral Philosophy which affords no Demonstrations. All are not proud that vote in Parliament, nor discontented that are not so imployed. This Argument fights only against their title of being Lords, which is not the Question at this time.

FINIS.