Angliæ notitia, or The present state of England together with divers reflections upon the antient state thereof.

Of the Three States of England.

ALl the Subjects of Eng∣land are divided into Clergy and Laity; The Laity sub-divided into Nobility and Commonalty. These are called Ordines Regni, or the Three States, and first of the Clergy.

As Heaven is more honoura∣ble than Earth, the Soul than the Body; so is the Spiritual Function more excellent than the Civil, and the Sacerdotal Dignity higher than the Secu∣lar: and therefore in England the Clergy caeteris paribus, hath

ever had (according to the pra∣ctice of all other Civilized Na∣tions since the World began) the preference and precedence of the Laity, and hath in all times been reputed the First of the Three States.

The Clergy so called, because they are Gods 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or Portion: For although all Christians may be stiled Gods Portion as well as Gods Servants; yet amongst Christians those Persons whom God hath set apart and separa∣ted from common use to his Service, to be as it were his Domestick Servants; are more peculiarly the Lords Portion: and therefore from the first Age of Christianity, the Persons so set apart, have been called Cle∣rici, Clerks.

As in the State, so in the Church, the Laws and Consti∣tutions of England would not that there should be a parity and equality of all persons. Quippe in Ecclesia nihil magis inaequale quam aequalitas. And therefore in conformity to the first Times and Places of Establisht Christi∣anity, so soon as the Christian Faith was by Authority recei∣ved in England, one of the Clergy was in every City or∣dained a Bishop; who hath (to avoid Confusion, which usually springs from equality) a pre-e∣minence over the rest of the Clergy within certain Pre∣cincts.

Afterwards the Bishops be∣ing necessitated to meet about Publick Affairs of the Church,

as Consecrations, Consultations for remedy of general disor∣ders, for Audiences Judicial, when the actions of any Bishop should be called in question; or Appeals from Bishops, &c. It seemed requisite to our An∣cestors (according to other Christian Churches (ever since the first Nicene Council) to have amongst a certain number of Bishops, one to be chiefest in Authority over the rest; f••om thence named Archiepis∣copus, Arch or Chief Bishop.

For easing the Bishop of some part of his burthen, as the number of Christians wax∣ed great, or the Diocess was large, there were ordained in the Primitive Times Chorepis∣copi, Suffragan, or Subsidiary Bishops. Accordingly in the

English Church of a long time there have been such ordained by the name of Bishops Suf∣fragans or Titular Bishops; who have the Name, Title, Stile, and Dignity of Bishops, and (as other Bishops) are con∣secrated by the Archbishop of the Province; each one to ex∣ecute such Power, Jurisdicti∣on, and Authority, and re∣ceive such Profits as is limited in his Commission by the Bi∣shop or Diocesan, whose Suf∣fragan he is.

For a Supply of able and fit Persons to assist Bishops, or to be made Bishops, it seemed good to Reverend Antiquity, that in every Diocess a certain number of the more prudent and pious Pastors should be placed in a Collegiate manner at

every Cathedral or Episcopal See; where they might not on∣ly be ready to assist the Bishop in certain weighty Cases; but also fit themselves (by gaining experience and loosing by little and little their former familia∣rity with the inferiour Coun∣trey Clergy) for Government and Authority in the Church.

Accordingly in every Cathe∣dral Church in England, there are a certain number of Preben∣daries or Canons, and over them a Dean, in Latine Deca∣nus, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; because anti∣ently set over ten Canons at the least: who is sometime sti∣led Alter Episcopi Oculus, the other being the Archdeacon, who (though a Presbyter him∣self) is so named for his Charge over the Deacons; who are to

be guided and directed by him under the Bishop.

Next is the Rural Dean, who was antiently called Ar∣cbipresbyter, and had the guid∣ance and direction of the Pres∣byters.

In the last place are the Pa∣stors of every Parish, who are called Rectors, unless the Pre∣dial Tythes be impropriated, and then they are called Vicars, quasi vice fungentes Rectorum.

In England are 2 Archbi∣shops, 24 Bishops, no Suffragan Bishops at present; 26 Deans of Cathedrals and Collegiate Churches, 60 Archdeacons, 544 Prebendaries, many Ru∣ral Deans, and about 9700 Rectors and Vicars, besides Curates, who for certain Sti∣pends assist such Rectors and

Vicars that have the care of more Churches than one.

These (if it be considered of what great Learning and Abili∣ties they are; what great Au∣thority and Sway they usually bear over the Laity, to incline, ••ead, and draw them; what great Priviledges and Immuni∣ties they do or ought to enjoy, and how much means they pos∣sess) may well be reputed, as in all times they have been in all other States, the first Member of the Three Estates of Eng∣land.

It hath been provided, not without singular wisdom, that as the ordinary course of common affairs is disposed of by general Laws; so likewise mens rarer incident Necessities and Utilities

should be with special equity considered. Hence is it that so many Priviledges, Immuni∣ties, Exemptions, and Dispen∣sations have been to the Cler∣gy of England granted in all times: Our Ancestors thinking it very reasonable that as Soul∣diers were wont by the Roman Emperours to be endowed with certain Priviledges for their warding and fighting to pre∣serve the State from external Enemies, so the Clergy ought to have certain Immunities and Priviledges for their watching and spiritual Warfare to pre∣serve the State from internal Enemies the World, the Flesh, and the Devil; Ut serventur immunes Clerici, quo Castris suis sedulo commorantes, & vigi∣les excubias ducentes summo caell

••mperatori illaesos populos reprae∣••entent, Legibus effectum est, ••t quam plurima iis Privile∣••ia concessa sint tum ad eorum personas tum bona ac res spectan∣••ia.

Of Priviledges some belong to Archbishops, some to Bishops, as they are so, and some belong to them, and to the inferiour Clergy, as they are Ecclesia∣stiques or Churchmen.

Before the coming of the Savons into England, the Chri∣stian Britains had 3 Archbi∣shops, viz. of London, York, and Caerleon, an antient great City of South-Wales upon the River Uske. Afterward the Archiepiscopal See of London was by the Saxons placed at

Canterbury, for the sake of St. Austin the Monk, who first preached the Gospel there to the Heathen Saxons, and was there buried. The other of Caerleon was translated to St. Davids in Pembroke-Shire, and afterward subjected wholly to the See of Canterbury; since which all England and Wales reckon but 2 Archbishops, Can∣terbury and York.

The Archbishop of Canter∣bury antiently had Primacy as well over all Ireland as Eng∣land, and the Irish Bishops re∣ceived their Consecrations from him; for Ireland had no other Archbishop until the year 1152, and therefore in the time of the 2 first Norman Kings, it was declared that

Canterbury was the Metropolitan Church of England, Scotland, and Ireland, and the Isles ad∣jacent. He was therefore some∣times stiled a Patriarch (and Pa∣triarcha was a Chief Bishop o∣ver several Kingdoms or Pro∣vinces (as an Archbishop is o∣ver several Dioceses) and had several Archbishops under him; was sometimes called, Alterius Orbis Papa & Orbis Britannici Pontifex; and matters done and recorded in Ecclesiastical affairs, ran thus, Anno Pon∣tificatus Nostri primo secundo, &c. He was Legatus Natus, that is, a perpetual Legantine Power was annext to that Archbishoprick near 1000 years ago; whereby no other Legat, Nuncio, or Ambassa∣dour from the Bishop of Rome,

could here exercise any Legan∣tine Power, without special Licence from the King. He was so highly respected abroad, that in General Councils he was pla∣ced before all other Archbi∣shops at the Popes right Foot. He was at home so highly ho∣noured by the Kings of Eng∣land, that (according to the Practice of Gods own People the Jews, where Aaron was next in Dignity to Moses, and ac∣cording to the practice of most other Christian States; where the next in Dignity and Au∣thority to the Sovereign, is usually the chiefest Person of the Clergy) he was accounted the Second Person in the King∣dome, and named and ranked even before the Princes of the Blood. He enjoyed some spe∣cial

marks of Royalty, as to be Patron of a Bishoprick (as he was of Rochester:) to Coyn Moneys, and to have the Ward∣ships of all those who held Lands of him Jure Hominii (as it is called) although they held in Capite other Lands of the King; a Princely Preroga∣tive, even against the Kings written Prerogative.

In an antient Charter grant∣ed by William the Conquerour to Lanfranc Archbishop of Canterbury, he is to hold his Lands with the same freedom in Dominico suo (as the words are) as the King holdeth his in Dominico suo, except only in 2 or 3 Cases, and those of no great importance.

It is an Antient Priviledge of the See of Canterbury, that

wheresoever any Mannors or Advowsons do belong unto that See, that place forthwith becomes exempt from the Or∣dinary, and is reputed a Pecu∣liar, and of the Diocess of Can∣terbury.

The Archbishop of Canter∣bury by the favour of our Kings is judged fit to enjoy still divers considerable Pre-eminencies. He is Primat and Metropolitan over all England, and hath a super-eminency and some Pow∣er even over the Archbishop of York; hath power to summon him to a National Synod, and Archiepis. Eboracensis venire debet cum Episcopis suis ad nu∣tum ejus, ut ejus Canonicis dis∣positionibus obediens existat.

The Archbishop of Canterbu∣ry is at this day Primus par Reg∣ni,

the first Peer of England, and next to the Royal Family to pre∣cede not only all Dukes, but all the Great Officers of the Crown.

He is stiled by the King in his Writs directed to him, Dei Gratiâ Archiepisc. Cant. and writes himself Divina Provi∣dentia, whereas other Bishops write Divinâ Permissione; and he is said to be inthroned, when he is invested in the Archbi∣shoprick.

To Crown the King belongs to him, and it hath been resol∣ved that wheresoever the Court shall happen to be, the King and Queen are Speciales Domestici Parochiani Domini Ar. Cant. and had antiently the Holy Offerings made at the Al∣tar by the King and Queen, wheresoever the Court should

happen to be, if his Grace was there present. Also the Power of appointing the Lent Preach∣ers, as thought by our Ance∣stors much more fit for a Pre∣late or Spiritual Person to do, (as in all other Christian Courts) then for any Lay Lord, as hath been used in England since one Cromwell was by Hen. 8. made Vicar Gene∣ral, and placed above the Archbishop of Canterbury.

The Bishop of London is ac∣counted his Provincial Dean, the Bishop of Winchester his Chancellour, and the Bishop of Rochester his Chaplain.

In writing and speaking to him is given the Title of Grace, (as it is to all Dukes) and Most Reverend Father in God.

He hath the Power of all Probate of Testaments, and granting Letters of Admini∣stration, where the Party dy∣ing had Bona Notabilia, that is five pounds worth or above, out of the Diocess wherein he died; or ten pounds worth within the Diocess of London; or if the party dying be a Bi∣shop, though he hath no Goods out of the Diocess where he died. Also to make Wills for all such as die intestate within his Province, and to admini∣ster their Goods to the Kindred or to Pious Uses, according to his discretion; which most transcendent Trust and Power is so antiently in England be∣longing to Bishops, that the best Antiquary cannot find the first Original thereof.

By Stat. 25 H. 8. he hath the Honour and Power to grant Licences and Dispensations in all Cases heretofore sued for in the Court of Rome, not repug∣nant to the Law of God or the Kings Prerogative. As to al∣low a Clerk to hold a Benefice in Commendam or Trust; To allow a Son (contrary to the Canons) to succeed his Father immediately in a Benefice; To allow a Clerk rightly qualified to hold two Benefices with Cure of Souls; To abolish ir∣regularity gotten without a mans own default, as by defect of body or birth, or by acci∣dental killing of a man, &c. To abolish the guilt of Simony; To allow a Beneficed Clerk for some certain Causes to be Non-Resident for some time; To al∣low

a Lay-man to hold a Pre∣bend, &c. whilst by study he is preparing himself for the Service of the Church; To grant Dispensations to sick, to Old People, to Women with Child, to eat flesh on dayes whereon it was forbidden; To constitute Publick Notaries, whose single Testimony is as good as the Testimonies of any two other Persons. He hath the Power to grant Literns Tuitorias, whereby any one that brings his Appeal, may prosecute the same without any molestation; To bestow one Dignity or Prebend in any Ca∣thedral Church within his Pro∣vince upon every Creation there of a new Bishop; who is also to provide a sufficient Benefice for one of the Chap∣lains

of the Archbishop, or to maintain him till it be ef∣fected.

By the Stat. Primo Eliz. it is provided that the Queen by the Advice of the Archbishop might ordain and publish such Rites and Ceremonies as may be for Gods glory, for edifying the Church, and due reverence of the Sacraments.

He hath the Prerogative to Consecrate a Bishop (though it must be done in the presence and with the assistance of two other Bishops (as every Bishop gives Ordination but with the assistance of Presbyters) to as∣sign Co-adjutors to infirm Bi∣shops; to confirm the Electi∣ons of Bishops within his Pro∣vince; to call Provincial Synods according to the Kings Writ al∣wayes

directed to him; to be Moderator in the Synods or Convocations; to give his Suffrage there last of all; to visit the whole Province; to appoint a Guardian of the Spi∣ritualties, during the Vacancy of any Bishoprick within his Province; whereby all the E∣piscopal Rights of that Diocess belong to him, all Ecclesiasti∣cal Jurisdiction, as Visitation, Institutions, &c.

The Archbishop may retain and qualifie 8 Chaplains, which is 2 more than any Duke by Statute is allowed to do.

The Archbishop of Canter∣bury hath moreover the Power to hold divers Courts of Judi∣cature for deciding of Differen∣ces in Ecclesiastical Affairs, as his Court of Arches, his Court

of Audience, his Prerogative Court, and his Court of Pecu∣liars; of all which shall be handled particularly, and a∣part in the Second Part of the Present State of England.

These and other Preroga∣tives and Priviledges, the Wis∣dom of our first Reformers thought fit to be retained and added to the Chief Person (under the King) of the Church of England.

The next Person in the Church of England is the Archbishop of York; who was antiently also of very high re∣pute in this Nation, and had under his Province not only divers Bishopricks in the North of England, but all the Bi∣shopricks of Scotland for a long

time; until the year 1470, when Pope Sixtus the 4th cre∣ated the Bishop of St. Andrews Archbishop and Metropolitan of all Scotland.

He was also Legatus Natus and had the Legantine Office and Authority annext to that Archbishoprick.

He hath still the place and precedence of all Dukes not of the Royal Blood, and of all Great Officers of State, ex∣cept only the Lord Chancel∣lour; hath the Title of Grace and Most Reverend Father; hath the Honour to Crown the Queen, and to be her perpetual Chaplain.

He is stiled Metropolitan of England, and hath under his Province the Bishopricks of York, Durham, Carlile, Chester,

and that of the Isle of Man.

Hath the Rights of a Count Palatine over a certain Territory near York erected by King Rich. 2. into a County Palatine. May qualifie also 8 Chaplains, and hath within his Province divers other Prerogatives and Privi∣ledges which the Archbishop of Canterbury hath within his own Province.

The next in place amongst the Clergy of England are the Bishops, so called from the Saxon word Biscop, and that from the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Spe∣culator, Explorator vel Superin∣tendens, an Officer amongst the Heathen so called, quia praeerat pani & victui quotidia∣no: Episcopus enim apud Chri∣stionos praeest pani & victui spirituali.

All the Bishops of England are Barons and Peers of the Realm. They are Barons by a threefold manner (which can∣not be said of the Lay Lords) they are Feodal in regard of their Lands and Baronies an∣next to their Bishopricks. They are Barons by Writ, be∣ing summoned by the Kings Writ to Parliament, and they are created Barons by Patent, which at their Consecration is al∣wayes exhibited to the Arch∣bishop. They have the Pre∣cedence of all Temporal Ba∣rons under Vicounts. In the Parliament have place in the Upper House in a double capaci∣ty, not only as Barons, but as Bishops; for before they were Barons, they had in all times place in the Great Council of

the Kingdome: and there ever placed on the Kings right hand, not only to give their Advice as the Judges do, but ad tra∣ctandum, ordinandum, statuen∣dum, definiendum, &c. They have the Title of Lords and Right Reverend Fathers.

All Bishops in England have one or two transcendent Privi∣ledges, which seem almost Re∣gal; as, In their own Courts to judge and pass Sentence alone by themselves, without any Collegue or Assessor; which is not done in other of the Kings Courts: for the Bishops Courts (though held by the Kings Authority Virtute Magistratus sui) are not accounted to be properly the Kings Courts, and therefore the Bishops send forth Writs in their own Names,

Teste the Bishop, and not in the Kings Name; as all the Kings Courts properly so called do.

Moreover Bishops have this other transcendent Priviledge, To depute their Authority to another (as the King doth) ei∣ther to their Bishops Suffragans, to their Chancellours, to their Commissaries or other Officers; which none of the Kings Judges may do.

All Bishops have one Privi∣ledge above and beyond all Lay Lords, viz. That in whatsoever Christian Princes Dominions they come, their Episcopal Dignity and Degree is acknowledged; and they may, quatenus Bishops, confer Orders, &c. whereas no Lay Baron, Vicount, Marquiss, nor

Duke, is in Law acknowledge∣ed such out of the Dominions of the Prince who conferred those Honours.

The Laws and Customs of England are so tender of the Honour, Credit, Reputation, and Person of Bishops our Spi∣ritual Fathers, that none might (without special Licence from the King first obtained) be endited of any Crime before any Temporal Judge.

Upon severe Penalty by our Laws no man may raise re∣ports, whereby Scandal may arise to the Person of any Bishop, or Debate and Discord between them and the Com∣mons of England.

In Civil Trials, where a Bi∣shop is Plaintiff or Defendant, the Bishop may as well as any

Lay Lord, challenge the Array, 〈◊〉〈◊〉 one Knight at least be not ••eturned of the Jury, and it ••hall be allowed unto him as 〈◊〉〈◊〉 Priviledge due to his Peerage.

In Criminal Trials for life, all ••ishops by Magna Charta and ••tat. 25 Edw. 3. are to be try∣••d by their Peers, who are Ba∣••ns, and none under; not∣••ithstanding the late conceit of ••ome Lawyers, that because Bishops may not be on the Cri∣minal Trial of a Peer, there∣••ore are not to be tried by ••eers; for so neither may Bi∣shops be tried by a Common ••ury, Because they may not ••e on the Trial of such men. Moreover, Noble-women may ••ot be on the Trial of Peers, ••nd yet they are to be tried by Peers of the Realm. And

there is no Legal Precedent 〈◊〉〈◊〉 England of a Bishop remaining a Bishop, that ever was tried for his life, but by Peers of th•• Realm. Antiently indeed Bi∣shops were so ecempted, as no•• at all to be tried by Tempor•••• Judges, till after deprivatio•• and degradation, and then be∣ing thereby rendred no Peers but common Persons, the•• might be tried by Common Juries.

Since the Reformation, th•• English Protestant Bishop•• have been so constantly loya•• and true to the Crown (〈◊〉〈◊〉 which they are so much m••∣ligned by Non-Conformists and so free from all Capita•• Crimes, that there is yet 〈◊〉〈◊〉 Precedent in England for thei•• manner of Trial for Life. A••

〈◊〉〈◊〉 that Common Assertion, ••hat no Lords of Parliament 〈◊〉〈◊〉 to be tried by their Peers, 〈◊〉〈◊〉 such as sit there Ratione ••obilitatis, and that all Lay ••ords have place in Parliament 〈◊〉〈◊〉 that reason; it is not on∣•••• false but frivolous in the ••••dgement of very many judi∣••••ous men. And indeed how ••••urd and unreasonable must it ••••eds be (let all men judge) ••••at an Archbishop of Canter∣••••ry, who is by all acknow∣••••dged to be Primus Par Reg∣••••, should be tried by a Com∣••on Jury of Freeholders, ••••en as the meanest Lay Ba∣••••, though created but ye∣••••••rday, may not be tried by a∣•••• under Barons?

In Parliament Bishops as Ba∣••••as may be present and vote at

the Trial and Arraignment 〈◊〉〈◊〉 a Peer of the Realm, only b••∣fore Sentence of Death or lo•••• of Member be pronounced that they may have no hand 〈◊〉〈◊〉 blood, no hand in destroying but only in saving; they hav•• by Canon Law the Priviled•••• and Injunction to absent them∣selves, and by Common La•• to make Proxies to vote for them.

Primo Eliz. cap. 2. It is ex∣presly declared that all Lords 〈◊〉〈◊〉 Parliament (without any ex∣ception of Lords Spiritual 〈◊〉〈◊〉 should be tried in that particu∣lar by their Peers.

The Bishops of England en∣joy at this day many other Pri∣viledges as freedom from Ar∣rests, Outlawries, Distress p•••• Equitaturam or in a Journey

Liberty to hunt in any of the Kings Forrests or Parks, to kill one or two Deer going from or coming to the King upon his Order.

The Persons of Bishops may not be seised upon Contempt (as the Persons of Lay Lords) but their Temporalities only may be seised.

Every Bishop may by Sta∣tute Law qualifie as many Chaplains as a Duke, viz. six.

The Laws of England attri∣buteth so very much to the Word of a Bishop, that not only in the Trial of Bastardy the Bishops Certificate shall suffice, but also in Trial of Heresie, which toucheth a mans Life, upon the Bishops bare Certificate that any hath been

convicted before him of Here∣sie, the Secular Power puts him to death without any trial by his Peers.

The Persons the Spiritual Governours of the Church of England, are of such high and tender respect in the eye of the Law, that it is thought fit to exact the same respect from a Clergyman to his Bishop or Ordinary, as from a Child to his Father; and therefore made the Offences of Parricide and Episcopicide equal, viz. both Petty Treason.

Next to the two Archbi∣shops of England, the Bishop of London amongst all the Bishops hath the pre-eminence. Epis∣copus Londinensis (saith an an∣cient Record) speciali quadam

Dignitate caeteris anteponendus quia Ecclesiae Cantuariensis De∣canus est Provincialis. Being Bishop over the Imperial and Capital City of England, it is by a Statute of later times ex∣presly provided that he should have the preference and prece∣dence of all the Bishops of England; whereby he is be∣come (as heretofore the Lord Prior of the Order of St. John of Jerusalem) Primus Baro Regni, as the Lord Abergaven∣ny is Primus Baronum Laico∣rum.

Next amongst those of the Episcopal Colledge is the Bishop of Durham, within the Pro∣vince of York, who hath been a Count Palatine 6 or 700 years; wherefore the Common Seal

of the Bishoprick hath been of a long time an Armed Knight, holding in one hand a naked Sword, and in the other a Church.

In the fifth place by vertue of the fore-mentioned Statute, is the Bishop of Winchester, re∣puted antiently Earl of South∣ampton, and so stiled in the Statutes of the Honourable Or∣der of the Garter by Hen. 8. though soon after that Earl∣dome was otherwise disposed of.

After these afore-named all the other Bishops take place according to the Seniority of their Consecration, unless any Bishop happen to be made Lord Chancellour, Treasurer,

Privy Seal, or Secretary of State; which antiently was very usual, as reputed for their Piety, Learning, Single Life, Diligence, &c. far more fit for the Advantage and Service of the King and Kingdome, than any Laymen; and in such case a Bishop being Lord Chancel∣lour, had place next to the Archbishop of Canterbury and above the Archbishop of York; and being Secretary of State, had place next to the Bishop of Winchester.

All the Bishops of England now living take place as they are ranked in this following Ca∣talogue:

Dr. Gilbert Sheldon Lord Archbishop of Canterbury con∣secrated

Bishop of London 1660, and translated to Can∣terbury 1663.

Dr. Richard Stern Lord Archbishop of York, consecra∣ted Bishop of Carlile 1660, and translated to York 1664.

Dr. Humphrey Henchman Lord Bishop of London, conse∣crated Bishop of Salisbury 1660, and translated to Lon∣don 1663.

Dr. John Cosens consecra∣ted Bishop of Durham 1660.

Dr. George Morley consecra∣ted Bishop of Worcester 1660, and translated to Winchester 1662.

Dr. William Piers Bishop of Bath and Wells, consecrated 1632.

Dr. Robert Skinner conse∣crated Bishop of Bristol 1636,

then translated to Oxford 1640, and lastly to Worcester 1663.

Dr. Henry King Lord Bi∣shop of Chichester, consecrated 1641.

Dr. William Lucy Lord Bi∣shop of St. Davids, consecra∣ted 1660.

Dr. Benjamin Laney Lord Bishop of Ely, consecrated 1660 Bishop of Peterborough, thence translated to Lincoln 1663, lastly to Ely 1667.

Dr. Gilbert Ironside Bishop of Bristol, consecrated 1660.

Dr. Edward Reynolds conse∣crated 1660 Bishop of Norwich, he is also Abbot of St. Bennet de Hulmo, the sole Abbot now remaing in England.

Dr. William Nicolson con∣secrated Bishop of Glocester 1660.

Dr. John Hacket consecrated Bishop of Coventry and Lichfield 1661.

Dr. Seth Ward consecrated Bishop of Exeter 1661, tran∣slated to Salisbury 1667.

Dr. Herbert Crofts consecra∣ted Bishop of Hereford 1661.

Dr. Henshaw consecrated Bi∣shop of Peterborough 1663.

Dr. Rainbow consecrated Bi∣shop of Carlile 1664.

Dr. Blandford consecrated Bishop of Oxford 1665.

Dr. Dolben Bishop of Roche∣ster, consecrated 1666.

Dr. Davis Bishop of Lan∣daff, consecrated 1667.

Dr. Fuller consecrated Bi∣shop of Lincoln 1667.

Dr. Glemham consecrated Bi∣shop of St. Asaph 1667.

Dr. Price consecrated Bishop of Bangor 1667.

Dr. Sparrow consecrated Bi∣shop of Exeter 1667.

Dr. Wilkins consecrated Bi∣shop of Chester 1668.

These are all Barons and Peers of the Realm, these have place in the Upper House of Parliament, and in the Upper House of Convocation, and these are the Lords Spiritual; next follow the Commons Spi∣ritual, consisting of Suffragan Bishops, Deans, Archdeacons, Prebends, Rectors, and Vicars, to whom also belong divers considerable Priviledges.

All Suffragan Bishops, all Deans, Archdeacons, Preben∣daries, Rectors, and Vicars, have Priviledges, some by them∣selves, others by proxy or by

representative, to sit and vote in the Lower House of Convo∣cation.

No Subsidies or other Taxe to the King may legally be laid upon them, without their own consent first had in Convoca∣tion.

The Clergy (as appears by the words of the Writ, as also by Modus Tenendi Parliam▪ and by 21 Rich. 2. cap. 12.) hath per Procuratores Cleri, Place and Suffrage in the Lower House of Parliament, as was antient∣ly practised in England, and of later years in Ireland (though now not used in either) and as the Bishops still have and use in the Higher House of Parlia∣ment.

No Clergyman may be com∣pelled to undergo any Personal

Functions or Services of the Commonwealth, or to serve in War. If any man by reason of his Land, be subject to be e∣lected to any Temporal Office, if he take Orders he is free, and there is a Writ purposely to free him.

All Clergymen are free from the Kings Purveyors, the Kings Carriages, the Kings Posts, &c. for which they may demand a Protection from the King cum clausula nolumus.

If a Clergyman acknow∣ledge a Statute, his Body shall not be taken by vertue of any Process thereupon; for the Writ runs, Si Laicus sit, &c.

Clergymen are not obliged to appear at Sherives Tourns, or Views of Frank Pledge, there to take their Oath of Allege∣ance,

the Antient Laws presu∣ming that those whose princi∣pal care and Office should be to teach the People Loyalty and Allegeance to their King, could not themselves want Loyalty.

By Magna Charta no Clergy∣man is to be fined or amerced ac∣cording to his spiritual means, but according to his temporal estate, and according to the Crime committed.

The Goods of Clergymen are discharged by the Common Law of England from Tolls and Customes (si non exerceant Marchandizas de eisdem) of Avirage, Pontage, Muriage, Paviage; for which they have the Kings Writ to discharge them.

The Glebe Lands and Spiri∣tual Revenues of Clergymen

being held in pura & perpetua Eleemosyna (i. e.) in Frankal∣moine, are exempted from ar∣raying and mustering of Men or Horses for the War, as ap∣pears in a Statute still in force, viz. 8 Hen. 4. Num. 12. in the unprinted Rolls of that Parliament.

The Clergy being by their Function prohibited to wear a Sword or any Armes (their Coat alone being their defence) cannot serve in Person in War. They serve their Countrey o∣therwise, and for that Service have alwayes been thought worthy of their Spiritual Pro∣fits and Revenues, and of the Kings Protection.

The Clergy paying to the King the First years profits of all Spiritual Benefices, called

First Fruits, and yearly the Tenth of all the said Benefices, are with great reason thought fit to be exempted from all o∣ther Taxes; though to give the Laity good example, they often lay Subsidies or other Great Taxes upon them∣selves.

It was an Antient Maxime in England, Nullus pro deci∣mis debet onerari de aliqua repa∣ratione Pontis seu aliquibus one∣ribus temporalibus.

These and other Immuni∣ties of the Clergy the Great Aquinas thought agreeable to Natural Equity or the Law of Nature, thence it was that King Pharaoh 47 Gen. when all the Lands of his Subjects were mortgaged to him for Bread, yet spared the Lands

of the Priests. So Ezra 7. 24. and so in our Antient Laws we find, De Danigeldo libera & quieta erat omnis Ecclesia in An∣glia & etiam omnis Terra quae in proprio Dominio Ecclesiae erat u∣bicunque jacebat nihil prorsus in tali redditione persolvens; and the reason thereof is added, Quia magis in Ecclesiae confide∣bant Orationibus quam in Armo∣rum defensionibus.

Many more Priviledges, Im∣munities, Liberties, and Fran∣chises there are rightly belong∣ing to the Clergy of England, so many, that to set down all, saith Sir Edward Coke upon Magna Charta, would take up a whole Book.

The Priviledges of the Cler∣gy and Franchises of the Church, were (with the Li∣ties

of the People) granted, confirmed, and sealed by the King in full Parliament, Anno 1253. in such a solemn manner, as no Story can parallel it: The King stood up with his Hand upon his Breast, all the Lords Spiritual and Temporal stood with burning Tapers in their hands; the Archbishop pro∣nounced as followeth, By the Authority of God Omnipotent, of the Son, and of the Holy Ghost, &c. We excommunicate, anathematize, and sequester from Our Holy Mother the Church, all those which henceforth knowing∣ly and maliciously deprive and spoil Churches of their right, and all those that shall by any art or wit rashly violate, dimi∣nish, or alter secretly or openly, in Deed, Word, or Counsel, those

Ecclesiastical Liberties, &c. granted by Our Lord the King to the Archbishops, Bishops, Pre∣lates, &c. For everlasting memory whereof We have here∣unto put Our Seals. After which all throwing down their Tapers extinguisht and smoak∣ing, they all said, So let all that shall go against this Curse be extinct and stink in Hell.

Since which all Kings of Eng∣land at their Coronations have by Solemn Oaths promised to preserve the same, and they have been confiremed by above 30 Successive Parliaments, commanded to be read once a year in Churches; and if any Act should be made to the con∣trary, it is to be held for null and void, by the Statute of 42 Edw. 3.

Antiently men were very tender and fearful to do any thing that might make them incur the said dreadful censure; but of later times, especially since our Reformation, many men pretending to more Chri∣stianity, and to more know∣ledge, have made little consci∣ence of infringing and violating any Rights, Priviledges, or Franchises of the Church or Churchmen; whilst the Li∣berties of the People (though very little violated) have been exacted, even to Sedition and Rebellion.

To the end that men of the best rank and abilities should in all times be encouraged to embrace the most painful and severe Profession of a Clergy∣man,

and that the People ••hould the more willingly be ••uided and conducted by them. Our most Christian Ancestors, ••ccording to the Pattern of Gods antient People the Jews, ••nd of all other Christian Com∣monwealths, judged it expe∣••ient to allot large Revenues, ••nd a most plentiful mainte∣••ance to the English Clergy; ••aving observed with Solomon ••hat a Wiseman for his pover∣••y is too oft contemned and ••espised, and that there is no∣••hing more contemptible and ••diculous than a poor Clergy∣man.

The first Kings of England ••ad all the Lands of England 〈◊〉〈◊〉 Demesne. The second sole Monarch amongst the Saxon Kings Ethelwolphus, by the ad∣vice

of his Nobles, gave fo•• ever to God and the Church both the Tythe of all Good and the Tenth part of all the Lands of England, free from all Secular Service, Taxations or Impositions whatsoever; the Charter of which Donation 〈◊〉〈◊〉 to be seen in Ingulphus and o∣ther Authors; which Chart•• thus ends, Qui augere voluer•• nostram donationem (as many Pious Kings and Nobles sin•• have done) augeat Omnipoten•• Deus dies ejus prosperos, si qu•••• vero mutare vel minuere praesump•• serit noscat se ad tribunal Christ rationem redditurum.

Beside the Tenth of Land▪ and the Husbandmans profits Merchants also and Shop-keepers paid to their Spiritua•• Pastors the Tenth of thei••

Gain, Servants in divers Pla∣••es the Tenth of their Wages, 〈◊〉〈◊〉 as Soldiers in the Kings Ar∣mies do now a part of their Pay) and in some places Ale∣••ellers the Tenth Flagon. Al∣••o Handicrafts-men and Day-••abourers paid the Tenth of ••heir Wages upon their Oaths, 〈◊〉〈◊〉 required.

Per Assisas Forestae and other ••ecords, it doth appear that ••ythes have been paid even ••f Venison in divers parts of England, men making consci∣••nce in those dayes, as amongst ••he antient Jews, to pay Tythes ••f all they poss••ssed.

Besides all those, in some pla∣••es were paid to the Pastor, Ob∣••entions, Oblations, Pensions, Mortuaries, &c. so that the En∣••lish Clergy were the best provi∣ded

for of any Clergy in the whole World, except only the Nation of the Jews, amongst whom the Tribe of Levi be∣ing not the 40th part of the 12 Tribes, as appears in the Book of Numbers; yet had as Mr. Selden confesseth, and that by Gods own appointment three times the Annual Reve∣nue of the greatest of the 12 Tribes: insomuch that the poorest Priest in the 24 Cour∣ses might be reputed a wealthy person.

And as amongst the Jews the 24 Chief Priests, for the bet∣ter maintenance of their Au∣thority and Dignity, had means far exceeding those of the Inferiour Clergy, and the High Priest had a Maintenance as far exceeding any of the said

24 Priests. So in England the Bishops by the great Piety and Bounty of several English Kings, had in Lands and Re∣venues Temporal and Spiritu∣al, a Maintenance far more ••mple than those of the In∣feriour Clergy, and the 2 Archbishops more ample than ••he Bishops.

William the Conquerour at his coming into England, found ••he Bishopricks then in being 〈◊〉〈◊〉 richly endowed with Lands, ••hat he erected them all into Baronies, and every Barony ••hen consisted of 13 Knights Fees at the least.

Besides the••e belonged to Bishops several Perquisits and Duties for the Visitations of ••heir Diocesses, for Ordina∣sions, Institutions, Census

Cathedraticus subsidium Chari∣tativum, which upon reasona∣ble Causes they might require•• of the Clergy under them; also other Duties, called, De∣cimarum quarta, Mortuariorum & Oblationum pensitatio Ju•• Hospitii, Processio, Litania, Viatici vel Commeatus collatio▪ which upon a Journey to Rom•• they might demand. Tenth•• and First Fruits was antiently paid (as is believed) to the se∣veral Diocesans, and was con∣tinued to the Bishop of Nor∣wich till Henry 8. deprived him thereof, and deprived the Pope of all the rest. Moreover all Cathedral Churches were by divers Kings and Nobles rich∣ly furnisht with Lands for th•• plentiful maintenance of a Dean and a certain number of

Prebends; insomuch that to∣gether with the Lands given to Monasteries, a third part of the Lands of England belonged to the Church and Church-men; whereby did accrue much be∣nefit to this Nation, great Hospitality was kept, many Hospitals, Colledges, Churches, Bridges built, and other Pub∣lick, Pious, and Charitable Works. All Leases held of them by the Laity, were not ••aly much more easie than o∣ther Tenures, but so unque∣stionable, that there was little work for the Lawyers; so much peaceableness, that 140 sworn Attourneys was thought sufficient to serve the whole Kingdome.

At present the Revenues of the English Clergy is general∣ly

very small and insufficient above a third part of the best Benefices of England being an∣tiently by the Popes Grant ap∣propriated to Monasteries, to∣wards their maintenance, were upon the dissolution of Mona∣steries made Lay Fees; be∣sides what hath been taken by secret and indirect means, tho∣row corrupt Compositions an•• Compacts and Customs in ma∣ny other Parishes; also man•• large Estates wholly exemp•••• from paying Tythes, as Land belonging to the Cistertia•• Monks, to the Knights Tem∣plars and Hospitallers. Tho•• Benefices that are free from these things, yet (besides Fi•••• Fruits and Tenths to the King and Procurations to the Bishop are taxed towards the Charg••

of their respective Parishes, and towards the publique charges of the Nation above and beyond the proportion of the Laity.

The Bishopricks of England have been also since the later end of Hen. 8. to the coming in of King James, most mise∣rably robbed and spoiled of the greatest part of their Lands and Revenues; so that at this day a mean Gentleman of 200 l. land yearly, will not change his worldly estate and condition with divers Bishops: an At∣tourney, a Shop-Keeper, a common Artisan; will hardly change theirs with ordinary Pa∣stors of the Church.

Some few Bishopricks do yet retain a competency, amongst which the Bishoprick of Dur∣ham is accounted one of the

Chief, the yearly Revenues whereof before the late trou∣bles was above 6000 l. of which by the late Act for abo∣lishing Tenures in Capite, was lost above 2000 l. yearly. Out of it an yearly Pension of 880 l is paid to the Crown ever since the Raign of Queen Eli∣zabeth, who promised in lieu thereof so much in Impropri∣ations; which was never per∣formed. Above 340 l. yearly paid to several Officers of the County Palatine of Durham, The Assises and Sessions duly kept in the Bishops House, at the sole Charges of the Bi∣shop. The several expences for keeping in repair certain Banks of Rivers in that Bi∣shoprick, and of several Hou∣ses belonging to the Bishoprick.

Moreover the yearly Tenths, the Publick Taxes, the Char∣ges of going to, and waiting at Parliament, being deducted, there will remain communibus annis to the Bishop to keep Hospitality▪ (which must be great) and to provide for those of his Family but about 1500 l. yearly. The like might be said of some other Principal Bishopricks.

The great diminution of the Revenues of the Clergy and the little care of augmenting or defending the Patrimony of the Church, is the great re∣proach and shame of the En∣glish Reformation, and will one day prove the ruin of Church and State.

Judicious Mr. Hooker (who in the Preface of his Works

fore-told our late troubles 40 years before they came to pass) observing in his time how the Church was every day robbed of her Dues, and that it was then an opinion rife [That to give to the Church smelt of Ju∣daisme and Popery, and to take from the Church what our Ance∣stors had given, was Reformati∣on.] declared that what Moses saith in the 90th Psalme, was likely to be verified of Religi∣on and Gods Service amongst us. The time thereof may be Threescore years and ten, if it continue till Fourscore it will be but small joy to those that shall then behold the Condition of the English Church; and the best read Historian cannot pro∣duce one example of a happy State, where the Clergy hath

been exposed to the peoples Contempt; which must needs happen where their Benefices their Maintenance is scandalous and their Persons despicable.

It is the last Trick saith St. Gregory, that the Devil hath in this World, when he cannot bring the Word and Sacraments in disgrace by Errours and He∣resies, he invented this Project, to bring the Clergy into con∣tempt and low esteem, as it is now in England; where they are accounted by many as the dross and refuse of the Nation: Men think it a stain to their blood, to place their Sons in that Function, and Women a∣shamed to marry with any of them; whereas antiently in England (as among the Jews, the Tribe of Levi was counted

Noble, above all other Tribes except that of the Royal Tribe of Judah) the Function of the Clergy was of so high account and esteem, that not only the best Gentry and Nobility, but divers of the Sons and Brothers of divers of our English Kings since the Conquest and before, disdained not to enter into Ho∣ly Orders, and to be Clergy∣men, as at this day is practised in most other Monarchies of Christendome. Ethelwolph Son and Successor to Egbert, first sole King of England, was in Holy Orders and Bishop of Winche∣ster at his Fathers death. Odo Bishop of Bayeux in Normandy, was Brother to William the Conquerour. Henry de Blois Brother to King Stephen was Bishop of Winchester. Geofry

Plantagenet Son to Henry 2 was Bishop of Lincoln. Henry de Beaufort Brother to Henry the 4th, was Bishop also of Winchester. And of later Times that most prudent Henry 7 had designed his second Son to be a Clergyman, to omit many others of Noble Blood. Which Policy is still observed even amongst the few Families of the Romish Religion in Eng∣land, wherein are to be found at this day some Brothers or Sons of Dukes, Marquisses, Earls, and Barons in Holy Or∣ders, and all the rest of the Stock of Baronets, Knights, or Gentry; and for this cause find respect not only amongst those of their own Opinions; but even of the more sober, moderate, and best civilized

Protestants. Whilst this Policy lasted in England, the Clergy were judged the fittest Persons to execute most of the Chief Offices and Places of the King∣dom (according to the Divine Policy amongst Gods peculiar People, where the Priests and Levites were the Principal Of∣ficers and Judges in every Court; to whom the People were to be obedient on pain of death) and the Laity did with much reverence and respect submit to them. And as then Os Sacerdotis, Oraculum erat plebis (according to that of Malachi 2. 7.) So Os Episcopi Oraculum erat Regis & Regni & Rex amplectabatur universum Clerum lata fronte & ex eo semper sibi eligebat primos a Consiliis, primos ad officia Regni

obeunda. Primi igitur sedebant in omni Regni Comitiis & Tri∣bunalibus Episcopi, in Regali quidem Palatio cum Regni Mag∣natibus, in Comitatu una cum Comite, in Turno cum Vice∣comite, & in Hundredo cum Domino Hundredi, sic ut in pro∣movenda Justitia usquequaque gladius gladium adjuvaret & ni∣hil inconsulto Sacerdote vel E∣piscopo ageretur. And because the Weal of the Kingdom and the Service of the King de∣pended so much upon them, and their presence for that end so oft required at London, it was judged expedient that every Bishoprick should have a Palace or House belonging to it in or about London; and it is known at this day where stood the Houses of every one, ex∣cept

that of St. Asaph, which also might probably have had one, but more obscure than some other; that Bishoprick having been, as still, very mean.

Great was the Authority of the Clergy in those dayes, and their Memory should be precious in these dayes, if we consider that they were the Authors of so great benefits and advanta∣ges to this Kingdom, that there are few things of any importance for promoting of the welfare of this Church and State, wherein the Bishops and Prelats; under God, have not been the Principal Instruments. The Excellent Laws made by King Ina, King Athelstan, King Edmund, and St. Edward from whom we have our Com∣mon

Laws, and our Priviledges mentioned in Magna Charta, were all made by the perswasi∣ons and advice of Bishops and Archbishops named in our Hi∣stories. The Union of the 2 Houses of York and Lancaster; (whereby a long and bloody War was ended) was by the most wise Advice and Counsel of Bishop Morton, then a Privy Councellour. The Union of England and Scotland, that in∣expressible advantage to both Nations, was brought to pass by the long fore-sight of Re∣verend. Bishop Fox a Privy Councellour, in advising Hen∣ry the 7th, to match his Eldest Daughter to Scotland, and his Younger to France. Most of the Great Publick Works now remaining in England, acknow∣ledge

their antient and present being either to the sole Cost and Charges, or to the liberal Contributions, or at least to the powerful Perswasions of Bishops; as most of the best endowed Colledges in both our Vniver∣sities, very many Hospitals, Churches, Palaces, Castles, have been founded and built by Bishops; even that famous chargeable and difficult Stru∣cture of London-Bridge stands obliged to the liberal Contri∣butions of an Archbishop; and it was a Bishop of London, at whose earnest request William the Conquerour granted to the City of London so large Privi∣ledges, that in a grateful re∣membrance thereof, the Lord Mayor and Aldermen to this day, upon some solemn dayes

of their resort to St. Pauls Church, do go in Procession to the Grave Stone where that Bi∣shop lies interred.

But above all, The Con∣verting England to the Christi∣an Religion, the Reforming that Religion when corrupted, and since that, the maintenance of the Doctrine thereof against all Romish Writers, and of the Discipline thereof (none of the least good Offices) against all the Practices and Power of the Puritan and Presbyterian Fa∣ctions, and all those other Se∣ctaries lineally descended from them; all this and more is ow∣ing (if not solely, yet principal∣ly) to Bishops and Prelats: by the late want of whom to sit at the Stern, how soon was this goodly Vessel split upon

the Rocks of Anarchy and Confusion.

Even since the late Restau∣ration of Bishops, to set down the many considerable Publick Benefits flowing from them and other Dignified Clergy, would tire the Reader.

What Sums of Money have been by them expended in repairing Cathedral Churches, Episcopal Houses, in founding and building Hospitals, in Cha∣rity to poor Widdows of Cler∣gymen utterly ruined by the late Rebels, for redeeming of poor Christian Slaves at Algier, what publick and private Sums for supplying the Kings Neces∣sities at his Restauration, what Expences in Hospitality, &c. above and beyond the Charity and Bounty of others, who

have ten times their Wealth and Riches.

As they have then been be∣neficial to this Kingdome a∣bove and beyond other ranks of men, so they have had the highest respect, reverence, and esteem.

In all Ages amongst all Nations, amongst Turks, as well as Jews and Christians, it was judged fit that the Princi∣pal Domestique Servants of the King of Heaven and Earth ei∣ther should be of the Chiefest and Noblest upon Earth, or at least should be so esteemed.

Such Reverence our Ance∣stors bare to that Function, that (as Selden observes) to fall down and kiss the Feet, was a Ceremony usual towards o∣ther Bishops and Principal Pre∣lates

besides the Bishop of Rome. Divers of our Saxon and Norman Kings and Nobles so respected them, that they constrained them in Publick Grants, yet to be seen to sign before the highest of the Lay Nobles, and sometimes before the Kings own Sons and Bro∣thers, and to rank them be∣fore, &c.

In the year 1200. three Kings, viz. of England, Scot∣land, and of South-Wales, to express their pious and cour∣teous respect to Hugh Bishop of Lincoln, disdained not with their own Royal Shoulders to bear his dead Corps to the Grave.

And yet it hath been obser∣ved even by Strangers, that the Iniquity of the present times

in England is such, that the English Orthodox Clergy are not only hated by the Romanists on the one side, and maligned by the Presbyterian on the other side (as the English Liturgy hath also been for a long time by both of them (a sure evi∣dence of the excellency there∣of) and as our Saviour was cru∣cified between two Theeves) but also that of all the Christi∣an Clergy of Europe (whether Romish, Lutheran, or Calvini∣an) none are so little respected, beloved, obeyed, or rewarded, as the present Pious Learned Loyal Orthodox Clergy of England, even by those who have alwayes professed them∣selves of that Communion.

O Deus in quae tempora reser∣vasti nos!

Notes

• Clergy their Dignity.
• Name.
• Degrees.
• Bishop.
• Archbi∣shop.
• Suffra∣gan Bi∣shop.
• Dean.
• Archdea∣con.
• Privi∣ledges of the Cler∣gy.
• Archbi∣shop.
• Canter∣bury.
• York.
• don.
• Revenues of the Clergy.