An apology for the ancient right and power of the bishops to sit and vote in parliaments ... with an answer to the reasons maintained by Dr. Burgesse and many others against the votes of bishops : a determination at Cambridge of the learned and reverend Dr. Davenant, B. of Salisbury, Englished : the speech in Parliament made by Dr. Williams, L. Archbishop of York, in defence of the bishops : two speeches spoken in the House of Lords by the Lord Viscount Newarke, 1641.

AN APOLOGIE FOR The BISHOPS To Sit and Vote in PARLIAMENTS.

CHAP. I.

Concerning Government Ecclesiastical and Civil in the State of Nature, from Adam till Moses, which was about 2500 years. The same person was both cheif Magistrate and also Priest unto God.

GOD had a Priesthood alwayes from the Beginning of the World, to perform the duties of his Worship, and the ••••ites thereof. Adam was a Priest unto God, to offer Sacrifice, and to execute such duties as God required in his Service: But Adam was also a King or Chief Ruler, over all his Children and Posterity. So after Adam, Seth, and the tighteous Patriarchs, Enoch and others, were Priests unto God, as well as Princes, and

Magistrates, and they taught Noah how to call upon God, and how to serve him.

So Noah was also a Prince, and also a Preacher of righ∣teousnesse, as the Apostle saith of him, so that it was not incompatible, or inconsistent for the same man to be a Magistrate, Prince, or Governour, and also a Priest. Melchisedech, after the Flood, was the first that was called a King and a Priest: and so Christ is a King and a Priest after his order. So that under the Law of Nature, Kings were invested with a power Ecclesiasticall; both of Order and Jurisdiction: Therefore these things are not in∣compatible by Nature; and thus it continued for the space of 2500. years from Adam till Moses.

Princes and Priests were formerly the same, both Fun∣ctions residing in the same person: Majorum haec erat con∣suetudo (saith Servius) ut Rex esset etiam Sacerdos, vel Pontifex: unde hodie quoque Imperatores••Pontifices-dicimus.] They that had the managing of affairs of State, had also the executing of Divine offices, and so received divine and holy duties, and oblations: which use obtained in the Families of the old Patriarchs.] Thus the Learned Montague against Selden. cap. 3. p. 537.

Ante Legem datam ad primogenitos pertinebat-offerre sacrificia, —Levitae successerant loco eorum. And again to the same purpose: Cultus divinus ante legem datam pertinebat ad Primogenitos Israel. And again: Sacerdotium fuit annexum primogenitur •• usque ad legem datam per Mosem. As Lyra says, reporting the received judgements of the best Interpreters. Lyra in Numb. 3. 12. & 8. 16. in Gen. 14. Veteribus ordina∣rium & perpetuum fuit, ut qui Reges essent, iidem etiam sacer∣dotio fungerentur, as Bertram says, cap. ••. De politia Iudaica.

The Priviledges which in the Law of Nature followed the Birth-right, were these three. First, the Government or Principality. Secondly, the Priesthood. Thirdly, a Portion answerable to maintain these dignities.

The same light may appear, though much darkned in the ancient Government of the Heathen; for Heathen Kings are witnessed in old times, to have been Priests of such Gods as they served, which ancient combining of these two

offices, in one person, came from the ancien•• practise in the time of the Law of Nature, and from the light of Nature was received among the Heathens.

Abraham was a Priest in his own Family, and in several places of his Peregrination, he built Altars, and places, where he did call upon God, and perform all duties of Gods Worship then requisite. Abraham did offer Sacrifice, as appears Gen. 15, 9. & 22, 7. 2, 7, 8. Abraham was a Pro∣phet, Gen. 20. 7. and received many promises from God▪ especially concerning Christ to descend of him; and God gave him the Sacrament of Circumcision, and established his Covenant with him. God saith of him, Gen 18. 19. I know him, that he will command his Children, and his Houshold after him, and they shall keep the way of the Lord, to do justice and judgement, &c.—

And as Abraham did, so likewise did Isaac, and Iacob, af∣ter him, who built Altars unto God, which was as much then as to build a Church in these dayes, and to provide a Mini∣ster to preach, and pray, and administer the Sacraments, and perform all other duties of a Pastor.

Hence it appears fully, that in the time of Nature, there was not two several jurisdictions, one Ecclesiastical, the other Civil, as is now among us. But the same persons, discharged both Offices, and all Duties belonging to them.

And further it appears, that the priests being the first∣born, and chief men, had such honourable respect and maintenance, that they were not reckoned among the lowest of the people, and made the off-scowring of all things as now they are.

If the Clergy may not enjoy any temporal office, or dignity, they will be crushed down, and oppressed in all publick occasions, as they find it manifestly in these trouble∣some times, when the neighbours of every parish do impose all Taxes, Burdens, and Charges upon Ministers, more then they formerly used to do, or in reason can be allowed. But the Clergy have no means to help themselves, having none of their own tribe in authority, power, or place of judi∣cature as formerly they had, whereby they could help them∣selves, and restrain the Lay-men from imposing Burdens,

and charges upon them in excessive manner. It is easie to shew particular instances, and one of many shall be men∣tioned.

When all the Judges of the Land, about 20. years agoe, had given their opinions and directions in writing, upon particular doubts to Justices of peace, incident to their offices; one doubt was, how much, and in what proportion a Minister should be charged for Levies to the poor. The Justices in the Country, and the Neighbours of the parish, would taxe the Glebes severally from the Tithes, and so augment the Levy to a great proportion, both for Glebe and Tythes: But the Judges appointed in their answer, that Glebe and Tithes should be both taxed together, at a tenth part of the Levy, in regard Tythes are abated much by small rares, and much Land is discharged of Tythes in kind. But now in these troubles, the Committee-men, and such like, im∣pose Taxes, upon the Glebes severally, and Tythes also, imposing a sixth, or seventh part of the Taxe upon the Tithes, which is contrary to the resolution of the Judges. But Ministers have no remedy to help themselves, there being none of the Clergy upon the Bench in any authority.

CHAP. II.

Of the Government of the Church and State of Israel, by Moses and Aaron, and their Successors until Christ, about 1500 years. That there were not two several Iurisdictions, one Ecclesiastical, the other Civil.

WHen God delivered his chosen people out of Aegypt, and conducted them through the Wildernesse, to∣wards the promised Land of Canaan, He began first to pub∣lish his Law: And by Moses, delivered them many Laws, in Five Books.

Whatsoever Lawes he gave, either moral, ceremonial or Judicial, they are all contained in the Five books of Moses, and no man could better understand them then the Priests and Levites. For God made his Covenant with Levy, of Life and Peace: The Law of Truth was in his mouth: The Priests Lips should preserve knowledge, and they should seek the Law at his Mouth. Mal. 2. 5, 6, 7. and so Ezekiel 44. 23. They shall teach my people the difference between the Holy and prophane, and cause them to discern between the unclean, and the clean: and in Controversie they shall stand in judgement; and they shall judge according to my Iudgements, and they shall keep my Lawes, and my Statutes, in all mine Assemblies. They being the principal Judges and Lawyers in that Common-wealth, of Gods own Constitution. And whereas it is now gran∣ted on all hands, that there were three Courts of Justice in that Kingdome. 1. The great Council of the 70. El∣ders. 2. The Court of Judgement, which was in in every good Town where there were many families. 3. The Court of three, or some few more. The Priests and Levites, were principal men, both Judges and Officers in all Courts, Scophtim & Scoterim, as 1. Chron. 23. 4. both to give sentence and judgement, and also to execute the same: So the Divines do affirm in their late Annotations upon 1. Chron. 26. 29▪ 30. & 2. Chron. 19. 8. 11. They did study the Judicial and politick Laws, and had power to see the Law of God, and Injunctions of the King to be observed, and to order divine and humane affairs. And they held also o∣ther honourable offices, for we read that Zechariah a Levite, was a wise Counsellour,* 1.1 and Benjah a Priest, Son of Ie∣hojadah, was one of Davids twelve Captains, being the third Captain of the Host for the third month,* 1.2 and in his course consisting of 24000. was his Son Amizabad: Benjah also was one of Davids principal worthies,* 1.3 having the name of the three mighties: He was also Captain of the guard to David, and after the Death of Ioab, he was made Lord Ge∣neral of the Army, by King Salomon, in Ioabs room. 1. K. 2. 35.

It is recored 1 Chron. 26. 30. That of the Family of the Hebronists (Levites) there were a thousand and seven hundred Officers, on this side Iordan westward, in all businesses of the Lord, and in the service of the King; and two thousand and seven hundred chief Fathers, and men of valour, whom King David made Rulers, over the Re••bonists, the Gadite••s, and the half Tribe of Manasses, for every matter pertaining to God and affairs of the King. v. 31. 32. Whereby it manifest∣ly appears, that the same Judges, and Officers, being Priests and Levites, most of them did hear and determine all sorts of causes, pertaining to God and affairs of the King, both Ecclesiastical and Temporal; so that there was not several Courts, the one Ecclesiastical, and the other Civil, as in these times, some do affirm too peremptorily, according to the Common practise, and usage of these days, as Godwin in his Moses and Aaron lib. 5. Beza, Iunius, and divers others, with the Kirkmen of Scotland lately, Ruther∣ford, Gillespie, Baily, and others. So also the Papists ge∣nerally, who that they may establish the Popes Supremacy, above Kings and their Common-laws, do affirm, that Re∣gimen Ecclesiasticum est distinctum a politico. as Bellarmine de Romano pontifice lib. 1. cap. 5. so our zealous party for the like ends and reasons, would maintain a Government in the Clergy, seperate from, and independent upon the Civill Magistrate, and such as ought to be directed and ruled only by the word of God, and his Spirit, ruling (as they sup∣pose) in their classical Assemblies; where they think the Throne of Christ is only to be advanced, and all his holy Ordinances put in execution.

Whereas the King is Custos utriusqne tabulae, and the Su∣premacy in causes Ecclesiastical, as well as Temporal, is acknowledged by our Statutes, and annexed to the Crown. For Execution thereof, an Act was made 1. Eliz. cap. 1.

But if the Statute had not been made to annexe the Su∣premacy to the Crown, yet as the Lord Cook saith, 4. Instit. p. 331. King Iames hath, and Queen Elizabeth had before him, as great and ample Supremacy and Jurisdiction Ec∣clesiastical, ase ver King of England had before them, and that had justly and rightly pertained to them by divers o∣ther

Acts, and by the ancient Law of England, if the said clause of annexation in the said Statute 1. Eliz. had never been inserted.

But Iohn Pym in his Speech in Parliament 4. Caroli, as Rushworth hath it in his late Collections, saith, that the high Commission was derived from the Parliament.]* 1.4 As if the Parliament gave the King the Supremacy as a gift of their own, and that it was not vested in the Crown; but as they gave it, so they may take it away when they please, and suppresse the Court of high Commission, as they have done; The duty of the Court was, to reform and correct all Heresies, Schismes, Abuses, Offences, Contempts, and Enor∣mities. But now upon Suppression of the Court, all Heresies and Schismes in the world are broke out, and such abomi∣nable abuses, offences, and enormities, as never were known in this Kingdome, with allowance and toleration.

This follow's upon the new light and doctrine of Iohn Pym, and all the rest of the Presbyterians who have stirred up all these troubles, and of late they called the House of Commons, the Supream power of the Nation in all Addres∣ses and Petitions made unto them.

It was a great Error of Calvin and Beza, and many others that follow them, to affirm that there was one Court Eccle∣siastical, and another Civil in Israel. Calvin upon Ieremiah 19. 1. pag. 152. saith, Scimus duos fuisse ordines publicos, vel duplex regimen ut loquuntur; sacerdotes erant praefecti Ecclesiae, nempe quoad legem, ita ut spiritualis esset eorum gubernatio; erant seniores populi, qui prae erant rebus politicis, utriusque vero quae∣dam inter se communio. Calvin understood only the plain He∣brew, not the Rabbins, and Talmud, nor the Jewish Anti∣quities: Therefore in several places he is mistaken, as upon Numb. 11. 17. Where God appointed first the 70. Elders to be joyned as Assistants to Moses, He doth interpret the Text, I will take off the Spirit that is upon thee, and put it on him, as if the gifts of the Spirit which Moses had were diminished in him, and imparted to the 70. which is untruly said by Calvin; for as Salomon Iarchis saith, Moses in that hour wa•• like the Lamp, that was burning on the candlestick in the Sanctua∣ry from which all the other lamps were lighted, yet the light thereof

was not lessened any whit.] Deus ex Mosis Spiritu tollens, quod aliis distribuit, ignominiae notam qua dignus er at, •• fligit, mi∣nime dubium est, quin diminutio notetur: This is spoken very harshly and untruly by Calvin, as learned Authors have shew∣ed his Error herein.

So upon Deut. 17. 8. 9. 10. Where the Priests and Levites were appointed Judges in great matters, between blood and blood, between Plea and Plea, and between stroke and stroke, being matters of Controversie within thy gates:] Calvin doth so interpret, as if the Priests and Levites were only to expound the Law to the Temporal Judges, but not to sit as Judges upon the bench themselves with especial authority, as the other Elders and Judges did. Wherein he was much mistaken. For the Priests and Levites were principal Judges in all matters, and causes whatsoever, not only Ecclesiasti∣cal but Temporal; not only for explaining of the Law, but executing the same.

The Learned Casaubon in his Exercitations upon Baronius 13. Sect. 5. shewed that the Priests and Levites were the prin∣cipal judges in the genreal Council. Hujus Conciliiea fuit insti∣tutio, ut si fieri posset. e solis Sacerdotibus & Levitis constaret, qui non erant e Tribu Iuda sed Levi: itaque & in Bibliis ali∣quando, & apud Iosephum appellatione sacerdotum intelligitur ipsum Synedrium: Si•• e numero sacerdotum aut Levitarum non reperirentur qui definitum Iudicum illorum numerum imple∣••ent, tum demum aliis Iudaeis aditus in Synedrium▪ patuit, nul∣la Tribus habit a ratione. Hoc Maimonides declarat, &c.

Bancroft in his Survey cap. 25. doth fully shew the error of Calvin and Beza, in dividing the Courts, and doth accu∣rately con••ute them, to whom I refer.

And further of late, the excellently learned Grotius hath also accurately cleer'd the point. Quod quidam arbitrantur duos fu∣isse senatus summos Iudeorum, alterum qui civilibus, alterum qui Ecclesiasticis negotiis praeesset, de eo quid ••obis videatur, alibi erit dicendi Locus. in Mal. 2. which he doth perform upon Mal. 5. very exactly. Cum pingue haberent otium, non tantum omniale∣gis, sed & medicinae aliarumque artium diligenter ediscebant, ut & Egyptii sacerdotes; ideoque primis saeculis ex illis ut eruditioribus senatus 70. virûm legi maxime solebat. Grotius in Deut. 17. and so

in Mal. 5. Cum sacerdotes opimo fruentes otio omnibus sapien∣entiae partibus prae er caeteros, operam darent, aequum erat ex ho∣rum numero, aliquam-multos allegi in ordinem illum, cui jam suprema etiam judicia credita fuisse diximus, quanquam nemi∣nem fuisse qui originis dignitate eum locum sibi posset vindicare, scripsit Ma••monides, &c.—Florentibus Hebraeorum re∣bus, fieri aliter non poterat, quin in sacerdotum classe plurimi r••perirentur digni eo loco; His addebantur alii qui in alii•• tribu∣bus doctrina & sanctimonia eminebant. Quamobrem Moses Deut. 19. 17. De falsi testimonii cognitione agens, & senatum hunc describens, sacerdotes & judices nominat; alibi etiam de ex∣ploranda diligentia judicum inferiorum in cognoscendo homicida, ipsi sacerdotes, tanquam ejus senatus, pars praecipua, nominantur. &c.

Hoc ipso in loco (Deut. 17. 8, 9,) non distinguuntur ca••∣sarum genera, neque vero causae ullae nominantur, quae proprie vi∣deri possent sacerdotales, sed si quid controversi incidisset, de ho∣micidio, de lite, de vulnere, juben•••••• adire sacerdotes—&c. —neque vero alia fuerant judicia sacerdotis, alia senatus, id enim omnes Hebraeorum Magistri constanter negant. And much more he addeth out of Iosephus—and doth also accurate∣ly expound the Texts, 2. Chron. 17. Concerning Iehosophats reformation and placing of Iudges in Ierusalem, as also the Text in the prophet Ier. 26. where some priests do accuse the prophet, and the Princes do absolve and free him.— So in his Book De imperio summarum potestatum. cap. 11. Sect. 15. He doth accurately handle this Question. Ubi explican∣tur Iudeorum tum minora judicia tum magnum, & ostenditur apud Iudaeos eosdem fuisse qui de sacris & profanis jus dicebant, quae sint negotia Dei quae Regis.

So Bertram a learned Lawyer, De politia Iudaica. cap. 9.

So Sigonius de Repub. Hebr aeorum. lib. 6. c. 7.

So Scuetetus in his Exercitations. lib. 1. cap. 54.

So Schickardus de jure regio Hebraeorum. c. 1. pag. 9. 10.

So Selden in his Uxor Hebraica. cap. 15. Quod vero à non∣nullis, iisque alioquin doctissimis obtenditur, Presbyterium fuisse singulare quoddam forum, apud Iudaeos, quod de Religione & re∣bus saeris solùm cog nosceret qualé apud nos dicitur Ecclesiasticum, •• doctrina Talmudica, atque ab ipsa veritate est longe alienissimum,

pro diversitate jurisdictionum amplitudinis idem ipsnm ubique in ea Republica seu Ecclesia forum, de rebus sacris ac Religione judi∣cabat, quod de profanis, seu quae, non sacrae. And since this, Sel∣den hath more fully proved it in his books De Synedriis Iu∣daeorum, to which I refer; and further the learned Dr. Hamond hath most accurately proved and illustrated it, in his Anno∣tations on the New Testament, as on Luke 3. and Acts 4. and other places, that there needs no further proof; Selden in his Preface to the first Book De Synedriis pag. 9. terms it, Duplex seu Bifurcatum in Christianismo regnum seu imperium, Politicum seu Magistraticum, ut appellitari amat, & Ecclesiasti∣cum, ab illo prorsus sic distinctum, quasi Binos quis fingeret soles.—&c.

CHAP. III.

Concerning the Union of the Courts of Iustice in the time of the Saxon Kings, after they were converted to the Faith; The Division of the Courts being brought in by William the Conquerour, as appears by his Statute.

THe union of Courts continued from the beginning of the World for four thousand years, as Selden affi••meth, lib. 2. De Synedriis, in the preface, p. 2. How that course came to be changed, will appear by what followeth here. The distin∣ction of Courts seems to have proceeded first from Pope Nicholas the first, as is mentioned in Gratian. Can. Cum ad verum. 96. Dist. About 200. years before the Conquest. Which was imitated among us, by William the Conquerour, Whose Statute to that purpose is recited and illustrated by Spelman in his Glossary and Councils, and by Selden in his History cap. 14. and in his notes upon Eadnez. pag. 167. and also published by Lord Cook 4. Instit. cap. 52.

But the Union of Courts in England continued till the

time of William the Conquerour, as the learned Antiqu••ry Spelman sheweth in his Glossary, in Cotes pag. 3. Mun••s comitis judiciarium fuit, vim & injuriam prohibere, latrocinia compescere, pacem regiam non solum legum tramite, sed armis e∣tiam promovere, jura regia, & vectigalia curare colligere, fisco in∣ferre. Praesidebat autem foro comitatus, non solus sed adjunctus E∣piscopo; hic ut jus divinum, ille ut humanum dic••ret; alter que al∣teri auxili•• esset, & consilio; presertim Episcopus comiti; 〈◊〉〈◊〉 in hunc illi animadvertere saepe licuit, & errante•••• cohibere. Idem igitur ••trique territorium, & jurisdictionis terminus.

Hereby it appears that the Bishop and Earl of the Coun••y were joint governours,—but the Bishop was princi∣pal, for he had power to restrain the Earl if he did do amisse; the Bishop being learned, but the Laity in those days alto∣gether destitute of Learning and Knowledge. So that it is certain that the Bishop and the Earl (or Aldermen) sate both together in the same Court▪ together with their Assi∣stants and Surrogates, and so 〈◊〉〈◊〉 assist each other with Coun∣sel and authority: and in the forenoon they heard Church causes, and in the Afternoon temporal business. This man∣ner did preserve amity between the Clergy and the Laity, that they did not clash for jurisdiction by sending prohibiti∣ons, Injunctions and cross orders, as in our times, which do occasion great vexation to the people, and prolonging of Suits, and doth multiply charges extreamly. It is therefore certain, that the Bishops and principal Clergy were always of great authority in our Kingdome, especially for making of Laws and Constitutions of all kinds, and executing of them, which is manifest by all the Laws themselves of the Svxon Kings; for about 500. years before the Conquest. Wherein they first testifie that the Laws were made by the consent,* 1.5 suffrage, and approbation of the Bishops.

First Ethelbert the first Christian King of the Saxons made Laws which are entituled thus,

Haec sunt Decreta seu Iudicia qu•• Ethelbe••••us Ren conslitu••, Tempore Augustini.

As Sir Henry Spelman hath recorded them in his Comments

pag. 127. All the Laws then made, are not recited by Spel∣man: but they are extant in the old Book called Textus Rof∣fensis. Written by Ernulph a Bishop of Rochester.

Beda de his scribit. lib. 2. cap. 5. Mortem & sepulturam E∣thelberti referens: Inter ••aetera (iniquit) bona quae genti suae cansulendo conferebat, etiam decreta illi Iudiciorum juxta ex∣empla Romanorum, cum Consilio sapientum constituit: Quae con∣scripta Anglorum sermone hactenus habentur, & observantur ab ea: In quibus primitus posuit, qualiter id emendare deberet, qui aliquid rerum & Episcopi vel reliquorum ordinem auferret: vo∣lens scilicet tuitionem••••is quorum doctrinam successerat, praestare.] Sequuntur multa ad vitae probitatem, & morum Correctionem per∣tinentia; saith Spelman in his Notes. Which Laws were ca∣sually omitted by my absence from the Presse at that instant, but shall be added if ever a second edition be made.

But certainly Augustin was the principal Bishop that did make these Laws, though other names are not put down, but his only, being the principal. Yet in other Councils following, divers Bishops are mentioned, as in the Laws made by King Ina. Anno 693.

Ego Ina Dei gratia West-Saxonum Rex exhortatione & doctrina Cennedes patris mei,* 1.6 & Heddes Episcopi mei,* 1.7 & Erken∣waldes Episcopi mei, & omnium Aldermanorum meorum, & seniorum, & sapientum Regni mei—Constitui, &c.—

So in the beginning of King Aethelstan.* 1.8 Ego Adelstanus Rex Consilio Wulfelmi Archiepiscopi mei, & aliorum Episcopo∣rum meorum,* 1.9 mando praepositis meis omnibus.

Likewise in the lawes of King Edmund.

Edmundus Rex congregavit magnam Synodum Dei ordinis & seculi,* 1.10 apud London Civitatem, in Sancto Paschae solennis, ••ui interfuit Odo, & Wulstanus Archiepiscopi & alii plures Episco∣pi,—&c.

The same appears by the Subscriptions to the laws, made by the Bishops and principal Clergy, and Abbots of their several times, which are so frequent to be observed in all ancient Charters and laws, in the first Tome of our En∣glish Councils, that I will forbear many particulars, only

one for example sake, being the Custome then to testifie their approbations not by voting, but by subscribing their names, to approve and grant the laws made in Parliament▪ and not to refer all to a Register or Clerk, to take notice of what is granted, and by what persons present.

The Subscriptions to a Charter of King Edgar, to The Monastery of Glasten.

• ...
  • Ego Edgar Rex totius Britanniae praefatam libertatem cum sigillo sanctae Crucis confirmavi.* 1.11
  • Ego Elfgina ejusdem Regis Mater cum gaudio consensi.
  • Ego Edward clito Patris mei donum cum Triumpho sanctae crucis impressi.
  • Ego Kinedrius Rex Albaniae adquievi.
  • Ego Mascusius Archipirata confortavi.
• ...
  • Ego Dunstanus Dorobernensis Ecclesiae Archiepiscopus cum Tro∣phaeo sanctae Crucis, & cum suffr••ganeis praesulibus Regis do∣num corroboravi.
  • Ego Oswald Eboracensis Ecclesiae primas, consentioni subscripsi.
  • Ego Ethelnoldo Wintoniensis Ecclesiae Minister & Glasten Mona∣chus signum sanctae crucis impressi.
  • Ego Britchtelm Fontarensis Episcopns consentiens corroboravi.
  • Ego Ellslam Episcopus confirmavi.
  • Ego Oswald Episcopus adquievi.
  • Ego Elfnolde Episcopus concessi.
  • Ego Winsige Episcopus, cum signo sanctae Crucis conclusi.
• ...
  • Ego Segegar abbas vexillum sanctae crucis impressi.
  • Ego Escui abbas confirmavi.
  • Ego Ordgar abbas corroboravi.
  • Ego Ethelgar abbas concessi.
  • Ego Kinword abas Concessi.
  • Ego Fideman abbas consolidavi.
  • Ego Elphets Abbas subscripsi.
  • Ego Adulf Herefordensis Ecclesiae Catascopus corroboravi.
• ...
  • Ego Elphene Dux Dominae meae sanctae Mariae Glasteniensis Eccle∣siae

• ...
  • libertatem omni devotione cum sigillo sanctae crucis confir∣mavi.
  • Ego Osl••ck dux consensi.
  • Ego Ethelwine dux hoc donum triumphale hagiae crucis propriae manus depictione impressi.
  • Ego Osnald minister confirmavi.
  • Ego Elfwurde minister corroboravi.
  • Ego Elthesie minister consensi.
  • Ego El••kie minister consensi.

Thus first the King, Queen▪ and Prince do subscribe; then the Bishops; afterward the Abbots; and lastly, the Noble-men; howsoever they were then called.

The Bishops in all other Christian Kingdomes, as in the Empire of Germany, France, Spain, Portugal, Poland, Hungary, and all others, as Denmark and Sweden▪ since the Change of Religion there, have place and power in all their Parliaments and publick Assembies. The Bishops E∣lectors of Germany, Ments, Triers, and Colen, have place and precedency of the Temporal Electors, the Duke of Ba∣varia, Saxony, and Brandenburgh, as our Bishops had place, sitting on the right hand of the King in the House of Lords, and the Temporal Lords on the left hand. And also out of the House the Bishops had precedency of all Barons. And the two Arch-bishops of Canterbury and York, had place of any great Temporal Lords, Dukes, Earls and Marquesses, or great Officers, as appears by the Statute of 31. Hen. 8. c••p. 10. and Lord Cooke, 4. Instit. pag. 361. and to what end should they hold such priviledges and places of Honour in Parliament, unlesse they had the right and power of▪ vo∣ting in all Cases (unlesse in cases of blood:) and all our an∣cient Parliaments and Statutes, do fully reckon the Lords Spiritual in the first place, and then the Lords Temporal, and lastly the House of Commons. These being the three estates in Parliament: but the Kings person doth not make one of the three estates (as some of late have affirmed) but Lord Cook the great Oracle of our Common-Law, doth o∣therwise account 4. Instit. cap. 1. Shewing of what persons the Parliament consisteth.

This Court consisteth of the Kings Majesty, sitting there, as in his Royal politick capacity, and of the three estates of the Realm, viz.

First, Are the Lords Spiritual, Arch-bishops and Bishops, being in number 26. who sit there by Succession, in respect of their Counties or Ba∣ronies, parcel of their Bishopricks, which they hold also in their politick Capacity. And every one of these, when any Parliament is to be hol∣den, ought ex debito justitiae to have a Writ of Summons.

2. The Lords Temporal, Dukes, Marques∣ses, Earls, Uiscounts, and Barons, who sit there by reason of their dignities, which they hold by Descent, or Creation, in number at this time 106. and likewise every one of these, being of full age, ought to have a Writ of Summons, ex debito justitiae.

3. The third estate is the Commons of the Realm, whereof there be Knights of Shires or Counties, Citizens of Cities, and Burges∣ses of Burroughs; All which are respectively elected by the Shires, or Counties, Cities and Burroughs, by force of the Kings Writ, ex debito justitiae. And none of them ought to be omitted, and these represent all the Commons of the whole Realm, and trusted for them, and are in number at this day, 493.

In the beginning, Romulus ordained a hundred Senators for the good Government of the Com∣mon-wealth, afterwards they grew to 300. and so many were of the House of Commons in For∣tescues time. cap 18 fol. 40. as Lord Coke alled∣geth him.

How the number of the Commons is increased to 500. or more, let them inquire that please, perhaps the num∣ber of Burgesses of Corporation, and some Towns which the Kings have lately allowed to come unto the Parlia∣ments, may be a reason of their great increase.

Lord Coke saith,* 1.12 that anciently when the Parliaments were holden at Westminster, the Commons ••ate in the Chap∣ter-House of the Abbot of Westminster, and the Common Chronicles do mention, that heretofore in the time of H. 8. The Commons sate in the Black Friers where there were many large Chambers and Rooms: But since the distinction of Cottages and free-Chappells. 1. Ed, 6. c. 14. The Com∣mons sit in the ancient and beautiful Chappel of St. Stephens Abbey, founded by King Stephen, so that they now sit in the Temple of God.

The learned Montague against Selden cap. 1. pag. 290 saith, that Sedet in Templo Dei, may be understood either Materi∣raliter as the great Turk doth, whose palace is that which sometimes was the chief patriarchal Church, built by Iusti∣nian the Emperor, the Church of sancta Sophia; or spiritualiter, taking it for contra Ecclesiam Dei, by persecuting Christians in quantum Christians, (for that they profess the name of Christ Jesus) who are the living Temples of the Holy Ghost,—&c.—

The Bishops presence and voting in the Parliaments, may well seem necessary in these times, when the Parlia∣ment doth undertake to determine Controversies of Reli∣gion of the greatest difficulty, as of predestination, absolute Reprobation, universal Grace, Free-will, and final perseve∣rance.

Sir Iohn Eliott, and Iohn Pym, zealous men in Religion, would not yield to the King (40 Caroli) Tunnage and Poundage till they had first setled Religion, touching the points of Ariminianisme; they accounting that Arminius was an upstart Heretick, very dangerous to the truth; as Rush∣worth relateth in his Collections. p. 659.

Now if Parliaments will undertake to dispute and de∣termine such great and difficult points of Religion, as of Predestination, absolute Reprobation, universal Grace, Free-will,

and final perseverance; It is fit that the learned Bishops should have power to vote in such difficult matters, of so great Concernment, as well as any Members of the House of Lords or Commons: for it is well known that many of the Bishops are men of excellent Learning, judgement and abilities, as being long trained up in the Universities, and some of them publick professors, reading Lectures in Di∣uinity and Heads of Colledges, that they might be well informed concerning these points, or any other better then Sir Iohn Eliott, or Iohn Pym, or any other Member of the House of Commons, whosoever he be, or of the House of Lords, whereof very few are learned or expert in the diffi∣cult points of Gods Decrees. And whosoever is wise and sober, will be willing to refer these matters to the Convo∣cation, who are a part of the Parliament, and have the same priviledges as other Parliament men have, as Lord Cook sheweth, 4. Instit. cap. 74. pap. 322. &c.—And their proper office and duty is to debate of matters of Religion, of Heresies, Schismes, and other like matters as Lord Cook sheweth very fully. The Bishops being the principal men, that Reformed our Religion, made the 39 Articles, both the lesser and greater Catechism, Common Prayer Book, and the Book of Ordination, the Homilies, and whatsoever else hath been setled in Religion, so that they are most necessary and fit to be present in all Parliaments.

Dr. Burgesse having written an examination of the reasons, asserted by Bishop Hall, and Archbishop Williams of York. And this Author having written against his examination of the reasons, the Doctor made a further Reply. Wherein he saith pag. 5. that if it can be made good, that in the * Wetten-Gem▪ of the Saxons, the Bishops exercised a legislative power in voting of laws, as our Bi••hops have done in Par∣liaments; the Examiner must provide him another Advo∣cate; for my part I must yeild the cause.

I hope it appears clearly, by that is here alledged out of good Authority,—that the Bishop had a legislative pow∣er in voting, and therefore by his own confession he must yeild the cause, and contend no farther about it.

There is one reason further to be considered, why the Bishops might well be of great Authority in all Parlia∣ments and publick Assemblies, and that is by reason of their Learning and Knowledge in languages, and matters of Law and policy, which they got by travail into forraign parts; for most of them in their youth, were bred in the English Colledge at Rome, which was built and endowed by the Kings of England. Ina, and many others after him, for the education of Learned Scholars, sent thither out of England, there being then no Universities, neither Paris, nor Pa∣dua, nor Oxon, nor Cambridge. Only Rome was the princi∣pal place for Learning in these Western parts: and there∣fore our Saxon Kings built the Colledge there for English Scholars, and purchased Lands in Italy for the mainte∣nance thereof; and also gave the Peter-pence for their better allowance and encouragement, which as Mr. Fuller accounteth in his late History,* 1.13 was the sum of seven thousand and Five hundred pounds.

The Peter-pence was given, not as a Tribute to the Pope, as our Common-Chronicles do grant it, and Poly∣dor Virgilius, and Baronius, but as a stipend to maintain the English Colledge. As Spelman sheweth clearly, upon the word Denarius St. Petri,* 1.14 which Doctor Burgesse might have observed better, and not have yeilded it to the Tribute paid to the Pope, as he doth grant it. pag. 18. of his Re∣ply. King Henry the eighth, and those about him had for∣gotten the true use of them, and therefore in the Tempest of his Indignation, swept them away among other super∣stitious things in a Statute, but it might have been justly continued for the first intention and purpose, to educate learned men beyond Seas, to learn the Civil and Common Law and forraign languages, also matters of State, who upon their return home after some seven or eight years, would deserve best to be preferred to publick places in Church or State: The Kings of England well knowing the necessi∣ty of such learned men, did anciently, and of late, send some choice Scholars, out of either Universities to for∣raign Countries, (as Cambden observeth, speaking of Sir Thomas Smith, Anno 1577.) Annis maturior selectus ut in

Italiam Regiis impensis mitteretur, ad nostra enim tempora non∣nulli adolescentes optimae spei, ex utraque Academia, ad uberi∣orem ingenii cultum Regum sumptibus, in exteris Regionibus alebantur.

So was Cardinal Pool in his younger years, sent abroad by Henry the eighth, Sir William Paget, Sir Thomas Smith, Sir William Peters, and Sir Iohn Mason, these two having been fellows of All-Souls Colledge in Oxon, but being further bred abroad in forraign Countries, they gained great ex∣perience and wisdome, and were made either principal Officers or Secretaries of State at their return home, and were principal men about the King for Counsel and disputes of businesse, and guided the Kings Counsels in affairs of most importance. Education in our own Univer∣sities at home, is not sufficient to enable men for all pub∣lick places and offices under a King. It is well known, that learned young men of the best sort in the Universi∣ties, being sent abroad to travail, when they come home are commonly men of far better abilities then such as have only stayed at home, as of late years Sir Edwin Sandys, Sir Isaac Wake, Sir Iohn Digby, Sir Clement Edmond; and Dr. Bryan Duppa, now Bishop of Salisbury, both these having been fellows of All-Souls Colledge, and Docter Duppa spe∣cially chosen to be the Princes Tutor, having been bred a Civilian in his Colledge, and eminent besides for all polite Literature, and proctor of the University, and afterwards travailing into France and Spain, upon his return home, it was not long before King Charles took special notice, and made choice of him for the instruction of his three Sons, who are now the most accomplished Princes in Christendome, notwithstanding the late disturbance and Rebellion of these present times, and are likely to prove the most renowned, when the present troubles shall be composed. Education goes beyond nature, as Aristotle sheweth, 1. Ethic. Good instruction, and learned Edu∣cation, doth add those perfections which cannot be obtained with ordinary helps, and by such men as know only their own native Country and Climat.

The opposition that some men make against the Votes and presence of the Bishops in Parliaments, and other pla∣ces of Office and imployment under the King, doth arise from that false principle; that jurisdiction Ecclesiasti∣cal and civil, ought to be distinct and separate both for persons and their imployments. Which is already here con∣futed, it being one grand error of Calvin and Beza, with divers others that follow them too closely in all opinions, as if they had been men free from error.

Our Bishops in ancient times were most part Lawyers; learned in the Civil and Canon Laws, and thereby also know∣ing much in the Canon Law, and therefore they were the chiefest Judges of the Land in all Courts of Justice, as Spelman sheweth in his learned Glossary for 200 years af∣ter the Conquest, reckoning the Catalogue of the great Lord cheif Justices, being most part men of the Church, pag. 409. 410, &c.— and so pag. 131. Fungebantur antique cancellariatus dignitate viri tantum Ecclesiastici & Episcopi, qui praeterea Curam gerebant Regiae cap••llae, repositaque illic Monumenta, (Rotulos & Recorda vocant) sacra custodia tu∣ebantur,—&c.—

And so also Lord Cook sheweth, 1. Instit. lib. 3. pag. 304. B. In ancient time the Lord Chancellour and Treasurer, were most part men of the Church, yet were they expert and learned in the Laws of the Realm, as for example in the time of the Conquerour. Egelricus Episcopus Cicestrou∣sis, viz. Antiquissimus & in legibus sapientissimus. Nigellus Episcopus Eliensis Hen. 1. The saurarius in temporibus suis incom∣parabilem habuit Scacarii scientiam, & de eadem scripsit optime. Henricus Cant. Episcopus▪ H. Dunelm. Episcopus. Willielmus Episcopus Eliensis. G. Roffensis Episcopus. Martinus de Pateshall Clericus Decanus divi Pauli London, constitutus fuit capitalis Iusticiarius de Banco,—&c.—Willielmus de Ra∣leash Clericus Iusticiarius Domini Regi••. Iohannes Episcopus Caliolensis, temp. H. 3. Robertus Passelew Episcopus Cicestren∣sis, temp. H. 3. Robertus de Lexinton, Clericus constitutus sapitalis Iusticiarius de Banco. Iohannes Briton Episcopus Here∣ford. Henricus de Stanton, Clericus constitutus fuit capitalis Iustic, ad placita, With many others.

So also Selden affirmeth, in his Notes upon Fleta.—

Sir Iohn Eliott in his Speech in Parliament, confesseth that there are among our Bishops (whose profession I honour (saith he) such as are fit to be made example for all ages, who shine in vertue, and are firm for our Religion, &c.—as Rushworth relateth in his Collections pag. 661. If Bishops be so eminent that they shine in vertue, certainly they are fit men to be present in Parliaments: for Parliaments ought to consist of such men, as shine in vertue, as are firm for Religion.

A Learned Knight and Courtier, writing an answer to Sir Anth. Welden his Pamphlet, entituled the Court and Character of King Iames pag. 178. where he speaketh of the preferment of Doctor Williams to be Lord Keeper of the great Seal, sheweth, That former ages held it more consonant to reason, to trust the Conscience of the Clergy with the case of the Lay-men, they best knowing a case of Con∣science. And anciently the civil Law was always judged by the Ministers of the Church, and the Chancery, and Courts of Equity, in charge of a Divine Minister. So ran that Channel, till Sir Francis Bacons Father had it from a Bishop; and now a Bishop had it again from Bacon. And had King Iames lived to have effected his desires, the Cler∣gy had fixed firm footing in Courts of Judicature out of the road of Common Law, and this was the true cause of Williams Invitation thither.

To prevent many Complaints and Mischiefs, there can be no better way then to follow the Example of Gods own chosen people of Israel, where the chief fathers of the priests and Levites were Judges in all Courts, both high and low, sitting together with some chief men of the other Tribes of the Laity, as they are now called. And though our Law be otherwise of late years, and the jurisdiction of Courts divided, yet it was not so anciently, and the King may put some of the Clergy in some places and Courts (at least of Equity) as King Iames did design, if he had lived longer, and that without any prejudice to the Law or Courts of Justice.

CHAP. IV.

Concerning the Honour and Dignity of the Bishops, in the time of the Saxons, and so continued to these times.

FOr the Dignity, Order, and Estimation of the Clergy, they were from the beginning reckoned and accounted equal with the best, as appears by the Laws of divers Kings▪ as first, of the first Christian King Ethelbert; who in his Laws, doth provide in the first place for their rights and pri∣viledges, and what Satisfaction shall be made, for any wrong done to the Church, or Bishops, or Clergy.

Quicunque res Dei vel Ecclesiae abstulerit, duodecima componat solutione.* 1.15 Episcopi res,* 1.16 undecima solutione. Sacerdotis res, nona solutione. Diaconi res, sexta solutione. Clerici res, trina solutione. Pax Ecclesiae Violata, duplici emendetur solutione. Volens scilicet tuitionem eis, quos & quorum doctrinam suscepe∣rat praestare, saith Bede.

These being the first Laws of our first Christian King of the Saxons, they ought to be reverenced for their Antiqui∣ty, piety, and Christian Justice, in rendering to every man his own due, though some men talk not only of ta∣king away superfluities, but of cutting up both root and branches. O Tempora! O Mores!

And afterwards about the time of King VVithred, there were laws made.

Quomodo damna & injuriae,* 1.17 sacris ordinibus illata sunt com∣pensanda.

And often elsewhere in the Councils many Laws do or∣dain, what satisfaction shall be given to the Church and

Bishops for several offences committed:* 1.18 for then the Bishops had a great part in all fines, and shared in forfei∣tures and penalties with the King.

Furthermore for point of Honour and Dignity, it ap∣pears by the Laws of King Athelstan, that every Arch∣bishop was equal to a Duke of a Province. Every Bishop to an Earl and so esteemed in their valuations. Vide K. Athelstani Regis apud Lambardum p. 71. & Concil Britannica pag. 405. cap. 13. de Weregeldis. 1. capitum aestimationibus.

The Title of Baron was not then known or used among the Saxons, but they called the Nobility Thanes. Vid. K. Inae pag. 187. Sect. 9. and the Bishops were equal or rather superiour to the Thanus Major, and the priest to the Thanus minor. The Bishop and Earl are valued at eight thousand Theynses.

Messe-Theynes,* 1.19 and Worald-Theynes; id est, Presbyteri & secularis Thani jusjur andum in Anglorum lege reputatur aeque sacrum, cùm Sacerdos Thani rectitudine dignus est.

The Priest was then accounted equal to a Knight, or Lord of the Town, and was commonly styled by the name of Sir, as a Knight was, though now it be derided and out of use.

Out of these Laws, and some others, doth the learned Antiquary, who is so well versed in the Antiquities and Monuments of our Laws and Kingdome, fully set down the ancient dignity and order of the Clergy.

—Magno sane in honore fuit Universus clerus, cum apud Populum,* 1.20 & Proceres; tum apud ipsos Reges Angliae Saxonicos; nec precaria hoc quidem concessione, sed ipsis confirmatum legibus. Sacerdos ad altare Celebrans minori Thano (i. e. Villae Domino at{que} militi) aequiparabatur, in censu capitis pariter aestimatus pari∣ter{que} alias honorandus, quia Thani rectitudine dignus est. Inquit Lex, Abbas sine C••nobiarcha inter Thanos majores (quos Ba∣rones Regis appellarunt posteri) primicerius fuit: Episcopus si∣militer inter Comites ipsos majores, qui integro fruebantur co∣mitatu, juribusque Comitivis: Archiepiscopus Duci & satra∣trapae amplissimae Provinciae pluribus gaudenti comitatibus praefici∣ebatur: Vt & caeteri omnes Ecclesiastici comparibus suis omni∣bus

secularibus: Amplectebantur Reges universum clerum lae∣ta fronte, & ex eo semper sibi legebant primos a consisiis, pri∣mos ad officia Reipublicae obeunda. Quippe sub his seculis apud ip∣sos solum erat literarum clavis & scientiae, (dum militiae prorsus indulgerent laici) factumque est interea, ut os sacerdotis ora∣culum esset plebis, & Episcopi oraculum Regis, & Reipu••. Primi igi••ur sedebant in omnibus Regni comitiis & tribunalibus Episcopi in Regali quidem palatio, cum Regni magnatibus, in comitatu una cum comite, & Iusticiaerio comitatus, in Turno Vicecomitis cum Vice••omite; & in Hundredo cum Domino Hun∣dredi: sic ut in promovenda justitia, usquequaque gladius gla∣dium adjuvaret; & nihil inconsulto sacerdote, (qui velut sabur∣ra in navi fuit) ageretur. Mutavit priscam hanc consuetudinem Gulielmus primus,* 1.21—&c.—

After the Conquest William the first divided the Ecclesi∣astical Courts from the secular, not with a purpose to di∣minish the Ecclesiastical authority.* 1.22—Imo jurej••rando con∣firmavit leges sanctae matris Ecclesiae, quoniam per cam, Rex & Regnum solidum habent subsistendi firmamentum.

Yet the Bishops and Clergy do not now expect, or desire to enjoy their ancient splendor, amplitude, and dignities, seeing the greatnesse of their Revenue which should up∣hold the dignity is long since taken away.

So that well might Bishop Latimer in his Sermon before King Edward say, We of the Clergy have had too much, but that is taken away, and now we have too little. For there was no lesse in the whole taken away from them, then many hun∣dred thousands sterling, too incredible to be here briefly expressed. I will only mention one, for example the Arch-bishoprick of York, from which was taken 72. man∣nors and Lordships at one instant, by one of the last statutes of Hen. 8.* 1.23 and the like happened to Canterbury, London, Lin∣coln, and all the rest, which me thinks should be enough to satisfie, that men should not go about to strip them of these poor pittances that are left unto them, being but small fragments, in comparison of their ancient patrimony, which the liberality and piety of the primitive times ha•• conferred on them, when Charity and Piety was fervent, and abounded with good works of all kinds; insomuch that

they thought no honour or respect too much to be given to the Clergy, especially to the reverend Fathers and Bishops of the prime order.

From what hath been said, it is manifest that the Bishops were equal to the greatest persons and estates of the King∣dome, and had their votes and suffrages, for making laws and Constitutions for the first 500. years before the Con∣quest. Whereby it appears, that it is a very rash and igno∣rant assertion of the Examiner Dr. Burgesse.

That Bishops at first were but casually mounted to that height of extent and power,* 1.24 by William the Conquerour, the more to en∣dear and oblige them.

And that it is onely of Grace that Bishops were first allowed place in Parliament.* 1.25 And that they crept in by favour to serve a Conquerours turn,* 1.26 and can derive no higher for sitting (as now they do) in the House of Peers, then an Act of Parlia∣ment if so high.

Whereby it is manifest by all the Laws of the Saxon Kings, both in the edition of Lambard and of the English Councels by Sir Henry Spelman, that the Bishops were the principal men in all ages for ordaining of Laws and Con∣sul••ations, in all the great Assemblies of the Kingdome then in use.

And when matters in question, were only Ecclesiasti∣call concerning the Church and Religion, the Clergy sate by themselves, but when there was any thing to be gi∣ven and confirmed to the Church, then the Kings and Nobles did afford their presence and assistance, as appears by divers Councils.

Vide Concil. Glocestriensiae, pag. 230.

CHAP. V.

Concerning Barons and the Title thereof, and how the Bishops became Barons, being no addition of Honour to them, but inforced upon them by the Conquerour, and since continued to this day.

AS for the Title and Original of Barons, and the old signification of the Word; Selden in his Titles of Ho∣nor. 2. part. cap. 7. Especially Sir Henry Spelman in his lear∣ned Glossary—upon the word Baro hath so accurately shewed divers particulars, that I need not here repeat them. But touching the Title and Name, as it is now commonly used, I will say something as it is now understood, it came among us since the Conquest, as the Glossary sheweth pag. 81. Ad Anglos pervenisse videtur vocabulum Baro, vel cum ipsis Normanis, vel cum Edwardus Confessor, auras mo∣resque imbibisset Normannicos—Huntingtoniensis aevi sui vocabulum usurpans, Histor. lib. 5. Adolwaldum, (qui oc∣cisus est, An. Dom. 903) Baronem Regis Edwardi senioris vocat; sed Author antiquior Florentius Wigorniensis, eundem Ministrum Regis appellat, quo etiam vocabulo scriptores ipsi Saxonici passim usi sunt. So in the Saxon Councils, and Charters, divers great men who were no lesse then Thanes, do style and subscribe themselves Ministros Regis, as in the Charter of Edgar p. 486.

Ego Oswald minister confirmavi. Ego Elfwurde minister corroboravi.

And the like frequently occure: These being the same in degree and substance as Barons are now, whereof the Learned Glossary maketh three sorts. Hodiernos itaque no∣stros Barones è triplici fonte triplices faciamus.

• 1. Feodales, seu praescriptitios qui a priscis feodalibus Baronibus oriundi, suam hodie praescriptione tuentur dignitatem.
• 2. Evocatos, seu rescriptitios, qui brevi Regio ad Parliamen∣tum evocantur.
• 3. Diplomaticos, qui Regio Diplomate hoc fastigium ascendunt. Feodalium originem inter eos collocavero, quibus Willielmus senior Angliam totam dispertitus est de se tenendam, quorum∣que nomina in Domesdei paginis recognovit.

Rescriptitios ab aevo Regum Iohannis & Henrici tertii caput extulisse censeo.

Diplomaticos initium sumpsisse perhibent sub Richardo secun∣do, qui anno Regni sui 8. (1. Christi 1387▪) Iohannem Beau∣champ de Hall in Baronem de Kinderminster suo evexit di∣plomate.

Now the Bishops may be reckoned both as Feudal Barons in regard of their estates and Baronies annexed to their Bishopricks: and also they are Evocati summoned by Writ as Barons, and principal persons by the Kings to come un∣to Parliaments, and also they are created by Patent, which is presented to the Arch-bishop at their consecration.

But all the Feudal Barons were not summoned to Parlia∣ments: Quorum ingens erat multitudo, quae plus minus 30000. nullo tecto convocari poterat.

William the Conquerour brought in Tenures, inforcing all men of estates to hold by one Tenure or other; and having made 30 thousand to hold by Barony, yet he never called so many to a Parliament; seeing no Houses could hold so many: and as not all the Feudal Barons were cal∣led, so not all the Abbots or Priors, though they had great estates, but a convenient number, sometimes more and sometimes lesse, as in 49. Hen. 3. Which is the first Parli∣ament upon Record, there were called to Parliament of the Clergy, 102. besides five Deans, saith Spelman, Glossary pag. 4. Anno. 1. Edw. 2. there were 36. Abbots. Anno. 4. Edw. 3. about 33. and all other times more or lesse. Yet not so few, as the Examiner relateth out of Sir Edward Cook (pag. 33.) who though he were a great Master of law, yet in matters of Antiquity must yeild to the Author of the Glossary, whom in private he would call his Tutor, as well he might.

Cambden, writing of the Degrees of States in England, pag. 170. speaking of the Bishops—by right and custome it appertained to them, as to Peers of the Kingdome, to be with the rest of the Peers personally present at all Par∣liaments whatsoever, there to consult, to handle, to or∣dain, decree, and determine in regard of the Baronies, which they hold of the King.

For William the first (a thing which the Church-men of that time complained of, but these in the age ensuing coun∣ted their greatest honour) ordained Bishopricks and Abbeys, which held Baronies in pure and perpetual almes, and un∣til that time were free from all secular service, to be under Military or Knights Service, enrolling every Bishoprick and Abbey at his will and pleasure, and appointed how ma∣ny Soldiers he would have every of them to find for him and his Successours, in the time of Hostility and War. Thus William the Conquerour being very rigorous, imposed upon the Bishops and Abbots that held their estates by Barony, great impositions to maintain arms, horses, and furniture for War, enrolling them as he thought them able: but it seems the lesser Abbeys, that did not hold by that Tenure of Barony, and Parish priests, were not taxed as now they are.

But under the Saxons, when the grievous imposition of Dangelt was imposed and raised from ten thousand pounds yearly to thirty thousand pounds, and in the year 1012. to forty eight thousand pounds, which was a great sum for that age, when mony did not abound as it doth now, yet the Church was then free.

De hoc Dangeldo libera & quieta erat omnis Ecclesia, qui•• magis in Ecclesiae confidebant orationibus, quam armorum defen∣••ionibus.

The Prince and People did rely more upon the prayers of the Church, for their deliverance and help, then upon any arms that they could raise, though the necessity of those times was very urgent burdensome and desperate. But there is no such Piety, Mercy, or favour now shewed to the Churc•• or any part of the Clergy: But their Estates,

Lands, and Revenues are the first that are seised on, se∣questred, sold, and disposed, to raise money for the main∣tenance of War and paiment of Souldiers, Gothes and Van∣dals, Scots and Red••hanks, as errand Philistines as ever came out of Gath and Askelon. And all particular ministers of every Parish though they loose not all their Tythes, yet they are taxed in a greater proportion then any Lay men, and many Shires petitioned the Parliament to take away Tithes, and it was debated also in the Rump-Parliament, to take away Tythes, and the Lands of both Universities, to maintain Soldiers and their Charges which are so excessive and outragious.

Hanc libertatem te••uit Anglorum Ecclesia usque ad tempus VVillielmi junioris—&c.—

VVilliam Rufus was the first that inforced this payment on the Barons and the Clergy. Concessum est ei, non lege statutum, neque firmatum, sed habuit necessitatis causa ex unaqu••que hyda; quatuor solidos Ecclesia non excepta, quorum dum fiere•• collectio, proclamabat Ecclesia libertatem suam reposcens, sed nihil pr••∣fecit.—

Thus the Religious and Learned Spelman, being the great∣est Patron and Defender of the Church, and the rights and priviledges thereof that this age hath afforded. Glossar. pag. 200. on the word Dangeldum.

Dr. Burgesse the Examiner might have observed what Cambden and Spelman have written of the distinction and dif∣ference of Barons, both Authors having written long before he had taken the boldnesse to talk so poorly of the Baronies of Bishops, to whom William the Conquerour, did not add much to endear them, but imposed many bur∣dens upon them. He restrained them in many things, using the power of a Conquerour, and clipped the Wings of their Temporal power and confined them within the Limits of their Ecclesiastical Jurisdiction; He procured Stigand Arch∣bishop of Canterbury, Agelrieus Bishop of East-Angles, and certain other Bishops and Abbots to be dep••ived by au∣thority from Rome, and detained them in prison, that stran∣gers might enjoy their places. As Sir Iohn Hayward sheweth in his History of the three Norman Kings pag. 87. before

time they had part in fines and Mulcts, and power of coyn∣ing money, as appears by the Laws of King Athelstan, De Monolariis, pag. 399. and many other places. But these were soon after reserved to the Crown as principal prero∣gatives. And till the Council* 1.27 of Clarendon, under Hen. 2. the Clergy and Bishops enjoyed many more freedoms and priviledges, which were abated oftentimes and much di∣minished, about which there was great contention, when Thomas Becket opposed the King; which the learned Gl••ssary sheweth, pag. 82.

Episcopi autem Barones dici videantur propter nominis dignita∣tem, non quod vassallagium pendebant aut seculare servitium: Hoc enim nostratibus jugum injecit omnium primus Willielmus se∣nior Anno 1070 ut in eodem tradit Matth▪ Paris. Auxit mag∣nopere Willielmus junior ut in Historiola Ducum Normaniae & in lib. Edwardi Confess. C. 11. Sed post varias colluctationes, aeterno robore domum confirmavit Hen. 2. Anno Dom. 1164. in magno Concilio Clarendoniae habito. Praesidente eidem ex ipsius mandato sacellano suo Iohanne de Oxonia, praesentibusque Ar∣chiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus, & Baronibus▪ Regni in hunc tenorem.

Archiepiscopi, Episcopi & Vniversae personae Regni, qui de Rege tenent in capite, habeant possessiones suas de Rege sicut Ba∣roniam, & inde respondeant Iusticiariis & ministris Regis & sicut Caeteri Barones debeant interesse judiciis curiae Regis cum Baronibus quous{que} perveniatur ad diminutionem Membrorum, vel ad mortem.

So that the Bishops, besides that they are called by the Kings Writ to Parliament, and thereby have the same right that other Lords have; yet since the Conquest they may be accounted also among the Feudal Barons.—Qui nomen dignitatemque suam ratione fundi obtinuerint, transferri autem olim aliquando videatur dignitas cum ipso fundo, ut Episcopi su∣as sort••untur Baronias sola fundorum investi••ra. Nam ut in∣quit Stamfordus, lib, 3. cap 62.

Ne ont lieu en Parliament—ejus in respect de leur pos∣sessions. S. L' ancient Barones annexees a leur dignites.

Whereas therefore Dr. Burgesse saith pag. 45. [albeit the Bi∣shops are usually said to hold of the King per B••roniam, yet this happily may be meant rather of the honour affixed to their places, which works it up into a dignity, then of the Land pertaining to them.] This is but fustian nonsence, and gross ignorance; for like Feudal Barons, suas sortiuntur Ba∣ronias sola fundorum investitura.] In like manner I take it, as the Earls of Arundel, both formerly and of late, being possessed of the Castle of Arundel, Honour and Signory, without other consideration or creation to be an Earl, became Earls of Arundel, and the name, State, and Ho∣nour of the Earl of Arundel peaceably enjoyed, as ap∣peareth by a definitive judgement given in Parliament, as Cambden relateth out of the Parliament Rolls of Hen. 6.* 1.28 out of which Cambden copied out what he saith.

Further Dr. Burgesse saith, That the Bishops ought not to have the same legislative power as the Temporal Barons, because these are for their Sons and Heirs, and the others for their Suc∣cessors only.

This Objection is frivolous, because the Bishops being men of great Integrity and Learning, are as careful for the preservation of the publick, wherein standeth the Safety of themselves and their Successors, as any Temporal Lords ••an be; and perhaps the more, because Temporal Lords do often fall into great want and poverty, selling sometimes the very head of their Baronies, and so oftentimes become very obnoxious; and some of them growing poor have been degraded of their Titles and Honour; Whereof Lord Cook giveth an instance 4. Instit. pag. 355. How Nevil (both Father and Son) Dukes of Bedford, were degraded by the King and Parliament, 17. Edw. 4. And for so much as it is openly known, that George Nevil Duke of Bedford, hath not, nor by Inheritance may have, any livelyhood to support the said Name, Estate and Dignity, or any name of estate, as oftentimes it is seen, that when any Lord is called to high estate, and have not Livelyhood convenient to sup∣port the same dignity, it induceth great poverty and indi∣gence, and causeth oftentimes great Extortion, Imbrole∣ry, and maintenance to be had, to the great trouble of all

such Countries where such estate shall happen to be inhabi∣ted; wherefore the King by the advice of his Lords Spiri∣tual and Temporal, and the Commons in this present Par∣liament assembled, and by the authority of the same, or∣daineth, establisheth, and enacteth, that from henceforth the same evection, and making of the same Duke, and all the Names of dignity to the said George or to Iohn Nevil, befor henceforth void and of none effect,—&c.—

And much more the Lord Cook addeth to the same pur∣pose, as also York the Herald, pag. 223.

The late Lord Brook, who was slain at Lichfield when he was ready to batter the Cathedral Church, in his book a∣gainst Bishops, speaking much against them, and magni∣fying the Temporal Barons, saith, that though their Honours are derived from the King, yet being once made Lord their Honour is vested in their blood and cannot be taken away; but his Lordship was not learned in Law or Herauldry: He might have taken notice what Lord Bacon saith in his Apop∣thegmes; That blood is no better then the blood of a black Pudding that wants Fat and Suet: Honour is vested in the lands, Mannors, and Revenues, which when they are lost and gone, farewell Honour and Title.

Edward Lord Cromwell (Grandchild to him that spoyl'd the Church) sold the head of his Barony, Oukham in Rut∣land, and wasting his whole estate left himself as little land in England, as his Grandfather left to the Monasteries; by the Feudal Law his Barony is lost.

The last Edward Lord Zouch who dyed 1. Caroli, who was a very great Baron anciently, sold the Head of his Ba∣rony Haringworth in Northampton-shire,* 1.29 and all the Lands which he had, insomuch that Henry Howard Earl of North∣ampton said, He was a Baron sans terre. Whereupon he bought again some other lands, but having no Sons his Ba∣rony his extinct.

Henry Daubeny Earl of Bridgewater, created 20. Iuly 30. H. 8. dyed without Issue, Anno ... Edw. 6. and so his Name, Family and Dignity extinct. This Earl was reduced to that extream poverty, that he had not a servant to wait on him in his last sicknesse, nor means to buy Fire or

Candles, or to bury him; but all was done for him in Cha∣rity of his Sister Cicely married to Iohn Bourchier, the first of that name Earl of Bath.

Many more might be alleadged, but these are enough to shew, that when Lords have lost their Lands and Revenues, then they are not fit men to fit and vote in Parliament, and many there are who though no•• wholly impoverished, yet so decayed, that they are not so fit as the Bishops to be pre∣sent in Parliaments, who if they might have enjoyed their ancient Lands and Mannors, were indeed the most able and worthy to be Members in Parliament, both in regard of their great estates, and their Knowledge and Learning in all kinds, far beyond the Temporal Lords.

Lastly,* 1.30 Whereas Dr. Burgesse saith, the Bishops are Barones Ele••mosynarii, and would thence infer that they are but as Arbitrary Almsmen, like the poor Knights of Windsor, who may be abated or taken away at pleasure.

This is but a spightful inference upon the bare word E∣leemosyna, without the true sense of it; For as the Lear∣ned Glossary sheweth,—Barones Eleemosynarii apud Stanfordum, & in jure nostro dicuntur, Archiepiscopi, Epis∣copi, Abbates & Priores, qui praedia suae Ecclesia a Rege te∣nent per Baroniam: Baronias etiam suas, ex Eleemosyna Regum perhibentur accepisse, licet ipsa praedia aliorum saepe munifi∣centia consequuti fuerint;

And sometimes, not only by the gift of other noble per∣sons, but also themselves did buy and purchase many Man∣nors and Lands, conferring them on their Successours, and being so bought, they cannot in justice be taken away, as if all had been given by the King and others, as meer Alms.

Lanfranck Arch-bishop of Canterbury, bought and reco∣vered 25. Mannors, and left them to his Successors. Harvey the first Bishop of Ely in the time of Hen. 7. bought and left many Mannors to his Successors, and so likewise did many other Bishops,* 1.31 enriching much their Bishopricks, and leaving besides many testimonies of their piety, by building Colledges and Hospitals▪ And other good works to the benefit of all men: They founded also, almost all

the Colledges in both Universities, to their eternal honor, so long as Learning shall flourish in this Kingdome.

CHAP. VI.

Concerning the Legislative power and Votes of the Bishops in making Laws. Concerning the Statute 11. H. 7. Whereby Empson and Dudley proceeded, and what great Treasures they brought to the King. Calvin and Beza at Geneva were Members of their Chief Coun∣cil of State, consisting of 60. and so many Bishops in England be Members in Parliament.

King David appointed Priests and Levites in all Courts of Iustice. The Clergy had many priviledges; as Lord Cooke sheweth upon Magna Charta. 2. Instit. pag. 2, 3. Ambition and Covetousnesse of the Pres∣byterians, the principal cause of all our Troubles.

BUt concerning the Legislative power, and Votes of Bishops, in making Laws to regulate the Kingdome, and to preserve peace and justice among all sorts of men, there is not to be forgotten an ancient Law of King Athel∣stan, Concil. pag. 402. c. 11. That worthy King in his Laws hath one.

De Officio Episcopi, & quid pertinet ad Officium ejus.

Episcopo jure pertinet omnem rectitudinem promovere,* 1.32 Dei sci∣licet ac seculi, imprimis debet omnem ordinatum Dei instruere, quid ei jure sit agendum, & quid secularibus judicare debeat. Debet enim sedulo pacem & concordiam operari cum seculi judi∣c••bus,

qui rectum velle diligunt, & in compellationum adlega∣tionem docere, ne quis alii perperam agat in jurejurando, vel in ••rdalio.

Nec pati debet aliquam circumventionem injustae mensurae, vel injusti ponderis▪ sed convenit ut per Consilium & Testimonium ejus omne legis scitum, & Burgi mensura, & omne pondus, pon∣deris sit secundum ejus institutum valde rectum.

Ne quis proximum suum seducat pro quo decidat in peccatum. Et semper debet Christianus providere contra ••mnia quae praedicta sunt, & ideo debet se magis de pluribus intromittere, ut sciat quo∣modo grex agat▪ quem ad Dei manum custodire suscept, ne dia∣bolus eum laniet, nee malum aliquid super seminet, &c.—

Christianis omnibus necessarium est, ut rectum diligant, & iniqua condemnent, & saltem sacris ordinibus evecti, justum semper erigant, & prava deponant; Hinc debent Episcopi cum secularibus judicibus interesse judiciis, ne permittant si pessint, ut illius culpa, aliqua pravitatum germina pullulaverint.

Et sacerdotibus pertinet in sua diocaesi, ut ad rectum sedulo quemcumque juvent, nee patiantur si possint, ut Christianus a∣liquis alii noceat, non potens impotenti, non summus infimo, non praelatus subditis, non dominus hominibus suis vel servis aut li∣beris molestus existat, & secundum Episcopi dictionem, & per suam mensuram convenit, ut servi testamentales, operentur su∣per omnem servnm cui praest.

Et Rectum est, ut non sit aliqua mensurabilis virga lon∣gior quam alia, sed per Episcopi mensuram omnes institutae sint, & ex aequatae per suam diocaesim. Et omne pondus constet secun∣dum dictionem ejus; & si aliquid controversiarum intersit, dis∣cernat Episcopus. And much more is there added—

It is manifest hereby, that by the ancient Laws of this Kingdome, what trust, care, and charge is reposed in the Bishops; not only to direct matters Ecclesiastical; but also to assist, rule, and guide Temporal Affairs; to preserve peace, Justice, and upright dealing, just and true admini∣stration of several offices and duties, whereby Religion is much advanced and adorned; when men are honest and up∣right in their Actions, Contracts, Bargains and civil deal∣ings among themselves. So that they may not clash or oppose Religion: For all publick Statutes, Acts, and Con∣stitutions,

for the most part do in some degree, more or lesse, trench upon Religion, and the furtherance or hin∣derance thereof: So that they can hardly be duly and right∣ly enacted and framed, without the advice, counsel, and assistance of Bishops and the Clergy.

Whereas Dr. Burgesse replieth that the Bishops were pre∣sent but did not Vote; It is a very simple and frivolous an∣swer. For the manner was not then in the time of the Saxons, to vote to and fro as they do now: but at the con∣clusion and end of every Council, Publick-meeting or As∣sembly, when their Acts or Constitutions were written; all the Lords present did subscribe their names, and testi∣fied thereby their Votes and Consents, and approbation of all that was done. Whereas the Custome is now, in most businesses, to vote and declare themselves by word of mouth, which is more uncertain; and many may be absent, especially some dayes, or out of the way at the time of vo∣ting: but by staying till the end of a Session or Parliament, and then subscribing their names, it was a more certain way to testifie who were present, and consented to all laws, that are made: and posterity may know whom to thank, if the Statutes be good, or whom to blame, if they be unjust or unreasonable.

As that Act 11. H. 7. c. 3. which gave power to Empson and Dudley, those two infamous Committee-men, to pro∣ceed upon information without Indictment by their dis∣cretion, and not secundum Legem & Consuetudinem Angliae, as all proceedings ought to be. By virtue of this Statute (which Cook hath printed, 4. Instit. pag. 40. 41.) Empson and Dudley did commit upon the Subject unsufferable pres∣sures and oppressions. A good Caveat to Parliaments, to leave all causes to be measured by the golden and streight metwand of the law, and not to the uncertain and crooked cord of Discretion. And much more, to admonish Par∣liaments, Cook doth there add in very earnest manner: but our late long Parliament hath highly offended against all his severe admonitions, and have far exceeded any ill doings of Empson and Dudley.* 1.33 For as Lord Chancellor Bacon saith of them, They kept the half face of Justice in putting up in∣dictments

against many men, but they would not suffer any man to traverse them; and they had Jurors ready that would find any thing for fact or valuation: But now in the pro∣ceedings against the Clergy especially, there is not the half face of Justice observed, nor the outside: But only voting upon any information: and upon the Votes of Com∣mittees, or Sub-committees, and such like (not of either House) men are cast out, by Sequestration, of their Livings and Freeholds, especially the Clergy are oppressed beyond example of any former age.

All which unjust and horrible proceedings would not have been suffered, if the Bishops had been permitted to en∣joy their ancients rights, places, and power in Parliament; they would have protested against it, and declared their dissent, and found means to have hindered such detestable do∣ings, far beyond the wickednesse of Empson and Dud∣ley.

Empson and Dudley did not cast men out of their Houses, Lands, and Estates as is now done by voting: Only they did tamper and trouble men till they could get some mony or fines upon the breach of some obsolete Statutes, which they called mitigations, saith Bacon: But now mens free∣holds and Estates are taken away upon pretences only, and bare informations, without Jurors for Trial or witnesses up∣on Oath, or any legal proceeding.

Empson and Dudley though they offended highly against Law, for which they were severely punished; yet there came some good to the publick by their doing, for they filled the Kings Exchequer with great sums of money, some millions of pounds, as Lord Cook sheweth, 4. Instit. pag. 198. And Lord Herbert in his History pag. 9. Greater sums doubtlesse then any King of this Realm before had in his Coffers, and such as may be thought effectively quadruple to so much in our age.

But our Long Parliament and Committee-men have spent many more millions of money, then can be imagi∣ned, more then ever David left for the building of the Temple, viz, twenty and three Millions of our money, and a thousand pound: A matter, but for the testimony of

Scripture, exceeding all beliefe, saith Sir Walter Rawleigh, 2. Book Cap. 17. Sect. 9. But our long Parliaments have spent more to pull down Temples; and have raised such a rabble of Sectaries, as are ready to pull down and destroy all the Churches in the Land, and to make spoyl of all the materials and Revenues of them.

Empson and Dudley brought so much money to the Kings Coffers, that King Hen. 8. was exceedingly enriched, in∣somuch as Bacon saith of him, upon the death of Hen. 7••. That there was the fairest morning of a Kingdome, that e∣ver was seen in this land or any other: but by his prodigal exp••nces, and Sacrilegious doings, there followed the foulest evening of a Kingdome that ere was known.

Bancroft in his Survey, cap. 6. saith, that at Geneva they had a cheif Council of threescore, (which is as a Parlia∣ment in their Government) and that Calvin and Beza were Members of that Council, and had vote and voice among them: and why may not a Bishop among us be present in our great Council as well as Calvin and Beza at Geneva, who carried all matters there under their Gow••s, as Dr. Williams Arch-bishop of York saith in his Speech in Parliament, which gave occasion to Dr. Burgesse to write against him, and impudently to call him the pragmatical Arch-prelate of York: being an eminent person of extraordinary parts, both of Nature and Art, and by reason of his great Honour, be∣ing Lord Keeper of the great Seal, and his education in former times, was by many degrees far above Dr. Burgesse, who never had any honourable place, and was but a little time in the Universitie, never fellow of any Colledge, as is well known, and how poorly and pitifully he had per∣formed his Exercises in Oxon. when he took his degree, is very well remembred, and particularly mentioned by the Learned Dr. Heylin pag. 182. So Dr. Burgesse termeth the Learned Dr. Davenant Bishop of Salisbury, only a specula∣tive Divine: He being an eminent and principal Divine, Head of Queens Colledge in Cambridge and publick Professor, and chosen by King Iames to be sent to the Synod of Dort, and by his Learned works publickly famous and renowned. Such malapert language against such Honourable and emi∣nent

Bishops, from an inferiour Doctor, is not to be endu∣red, without sharp censures.

Now though some Canons may seem to forbid the Bishops and Clergy to intermeddle with secular affairs, yet that is not absolutely forbidden, but in a qualified sense, as in the famous Council of Cl••veshoe, under Cuthbert Arch∣bishop of Canterbury, Anno 747. Can. 1. Negotiis seculari∣bus, plusquàm Dei servitiis, quod absit, subditus existit. To attend secular affairs more then spiritual, and to be wholly imployed and conversant, in Temporal matters, without due regard to the better part: But it will not hinder sacred studies, nor the diligent preaching of the Gospel, that some principal men at convenient times, have a charge and over-sight of Temporal affairs, and the carriage of publick businesse; And concerning this see more in Bishop Dave∣nants Determinations at Cambridge, Quest. 11. Civilis juris∣dictio jure conceditur personis Ecclesiasticis.

Thus much might serve for Reply to the Examiner Dr. Burgesse, especially upon the fifth reason, which I hold to be the only thing material in the whole Discourse; for the rest will appear to be needlesse if this be clear'd. But if he would look back to former times, he shall find that our Kingdome and Government, followed the ancient manner of Gods own people of Israel, whose Ceremonies and Rituals, though they be now abolished, yet the general rules of Justice, Equity, Government and Order, do still remain. And as God made the priesthood then honourable in the Kingdome of Israel, and committed a great part of the Government unto them; so doubtlesse now under the Gospel, the priesthood ought to be Honourable, and to have a principal part in the ruling and governing of the Kingdome: To be a Priest in Israel, was to be a cheif man, Levit, 21. 4. and therefore in all their Courts of Justice the priests and Levites were cheif men in authority for deciding all causes, both in the great Court of Sanedrim at Ierusalem, (which was a Continuation of the 70. Elders, appointed by God himself Numb. 11. and was answerable in authority to our Parliaments, it being the highest Court of Judica∣ture in that Kingdome) and so in the second Court of Judge∣ment

as our Saviour calleth it, Mat. 5. 22. where there were 23 Judges, whereof 7. were of the Laity, (as we now call them) Elders of the Cities, and every good City consisted of _____ _____ Families; unto which 7. of the El∣ders, there were added 14 Priests and Levites, as Iosephus sheweth lib. 4. cap. 8. where though he seem to say, that the number of the Judges was seven; yet if his next words following be well observed, he sheweth the addition of two priests and Levites, to each of the other Magistrates of the people [〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉] Nam 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 intellig it singulos magistra∣tum gerentes, quibus singulis bini erant additi adsessores periti juris, quos Iosephus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 vocat: Septem ergo municipes loci erant judices, praeterea adsessores quatuordecim, qui ex Le∣vitis maxime sumebantur; his supernumer arii accessisse viden∣tur unus & alter.] So Grotius in Mat. 5. 21. and so also the English Translation doth render the place. [In every City or Township, let there be seven Governours such as are approved in vertue, and famous for their Justice; and let each of these Magistrates have two Ministers of the Tribe of Levi.

In this Court of Judgement all manner of causes were heard of Life and Death, whatsoever matters of Contro∣versie within their gates, Ecclesiastical or Temporal; Yet excepting some weighty businesses concerning a whole Tribe, or the high priest, or a false Prophet, which belon∣ged only to the great Council at Ierusalem. Whether also they might appeal, in any doubtful cause, which was too difficult for the inferiour Courts.

Iudices in portis cujusque Civitatis jus super causis majoribus reddebant, & in homicidas lege agere solebant, de quibus agitur, Deutr. 16, 18. & 21, 22. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 autem paena erat gladius, quia de homicidis inibi cognoscebatur, ut & Moses nos docet & Christus.] Grotius in Mat. 5. 21.

When King David was old, and neet his Death, he ap∣pointed Salomon to be King after him, and caused a Parlia∣ment of all Israel to be assembled, wherein he gathered to∣gether all the Princes of Israel, with the Priests and Levites, 1 Chr, 24 1. 2. In this great Parliament the priests and Le∣vites

were not omitted, not in any Court of Justice in that Kingdome: For as it is p. 4. There were six thousand of them appointed Officers and Judges throughout the land of Israel, which is the thing that now many of our Com∣mon people do much dislike, not well induring a few Justi∣ces of Peace to be of the Clergy, whereas we have the example of David, guided and directed by the Spirit of God, as the Text saith, 1 Chron. 28, 12, 13, 19. So dis∣posing and ordering the Levites, that he appointed some for the outward businesse over Israel, for Officers and Jud∣ges; a thousand and seven hundred were Officers of Israel, on this side Iordan, in all businesses of the Lord, and in the service of the King. This Text is very plain to prove that the same man, may be employed in Ecclesiastical matters of the Church, as also in the Kings Service. So pag. 32. David appointed two thousand and seven hundred cheif Fa∣thers, to be Rulers over the Reubenites, Gadites, and the half Tribe of Manasses, who were beyond Iordan, for eve∣ry matter pertaining to God, and affairs of the King; and c. 26. 14. Zecharias a Levite, is commended for a wise Coun∣sellour. But that now any of the Clergy should be Coun∣cellours, Judges, or Officers, unto Princes, is accoun∣ted by some an unlawful thing, or at least not very com∣mendable: Whereas we see by this very law and direction of King David, that the Levites might attend businesse, belonging to the worship and service of God, and instru∣ction of the people, as also of the publick service and af∣fairs of King and State: So the Divines in their late An∣notations on the Bible, do acknowledge that the Levites did study the Judicial and politick Laws, and had power to see the law of God, and injunctions of the King to be ob∣served, and to order divine and humane affairs, 1 Chron. 26. 29, 30. 2 Chron. 19. 8, 11. So the Learned Grotius, Sicut lex erat uan, praeptrix divini omnis humanique juris, ita apud Hebraeos, penes eosdem erat juris utriusque interpreta∣tio. Upon Mal. 2. 4. and so other Commentaries do affirm, as Lavater in cap. 23. Per Civitates & Provincias judicia Ecclesiastica, & civilia exercu••runt— and so Peter Martyr, in 2. Reg. cap. 11.

Neither will it hinder the study of Divinity, or care of preaching the Gospel, if some fit men be imployed some∣times in the Government of the publick (as to be Justices of the peace) for the well ordering of the publick; and preservation of Peace and Justice will more advance the Gospel, and abundantly countervail some intermission of preaching, which cannot possibly be so continually atten∣ded, but that there will be some hinderances, not only by sicknesse and private businesses of ones Family and Estate, but also by publick meetings, Convocations, Synods, and such general assemblies.

Besides the Common-wealth and Church is a mixt Go∣vernment and consisteth of all manner of persons, of in∣finitely several conditions, Trades, and Courses of Life; and seeing the Clergy are mingled among them, and infi∣nitely entangled, especially of late days being made sub∣ject, (which they were not formerly) to all temporal laws, Suits, Arrests, Executions, Imprisonments, Impositions, Taxes, Charges, and Subsidies, it is but reasonable that the Clergy should have some of their own Tribe in place of Ju∣dicature and Office, to see the inferiour Members defen∣ded, and fair carriage shewed to them: Aristotle saith, lib. 3. Polit. cap. 1. Civis nulla re alia magis definitur, quam parti∣cipatione judicii ac Magistratus. Whosoever are Citizens in a Kingdome, meaning properly Citizens, and of the better sort, (not Labourers, Porters, Scavengers) they ought to have voice and suffrage, and to be capable of Magistracy and Office, if they be worthy and fit for it by any excel∣lent parts of Learning, Knowledge, and Wisdome: where∣in the Clergy have some opportunity to excel others, and often go beyond the ordinary sort of men, that are not bred up in Learning, Arts, and Sciences.

Sir Francis Bacon observeth out of the ancient Roman Law, that there belongs to every Subject, certain common rights and priviledges which cannot be taken away from any of them, 1. Ius Civitatis. 2. Ius Connubii. 3. Ius Suffra∣gii, 4. Ius Petitionis & Ius Honorum. These four ordina∣ry rights and freedomes, are by the Customes and original principles of humane Societies, due to all Citizens of qua∣lity.

Such as ever the Clergy have been esteemed, ••nd still ought to be, if men will professe themselves to be true Christians indeed; and to honour the Messengers and Am∣bassadours o•• our Saviour Christ, whom he hath appointed to instruct and govern his Church and people. The Pope deprived his Clergy of the two former rights, by account∣ing them separate and exempt from the Common Laws of all Kingdomes, and forbidding marriage to them: And now our zealous professors would deprive out Clergy of the two la••ter priviledges, the right of voice and suffrage in all prin∣cipal businesses, and the right of Honour and Office, where∣of they would make them uncapable, and render them base, and equal only to the inferiour multitude, and scum of the Common-people.

Lord Coke 2. Instit. cap. 2. pag. 3. Upon Magna Charta. Concessimus Deo, quod Ecclesia Anglicana libera sit, & habeat omnia sua jura integra, & libertates suas illaesas. True it is, that Ecclesiastical persons have more and greater Liberties, then any other of the Kings Subjects; wherein to set down all, would take up a whole Volume of it self, and to set no examples, agreeth ill with the office of an expositor: therefore some few examples shall be here expressed. There he putteth down many particulars which are very conside∣rable, and I refer the Reader to him. But in the end he concludeth, that all the liberties of the Clergy are lost or not enjoyed. But why should the Clergy be deprived of so ma∣ny liberties, rights, and priviledges, being so fully setled upon them, by the fundamental Laws of the Land. We may thank such unworthy fellows, as to please the vulgar people, will be content to see the Clergy stripped of all their rights and liberties, from the first to the last, as it hap∣pens in these troublesome times. But the true reason is, because that Dr. Burgesse, and such as he is could not ob∣tain the principal dignities and preferments of the Church, that so they might with the preferments, have had the be∣nefit of the priviledges and liberties.

Ambition and Covetousnesse hath always been the bane of the Church: Whereof there are many examples in all ages; as in the beginning of the Jewish Churches. Corah

being•• Levite of the Cohathites, which was the cheif Fa∣mily of the Levites, as is observed on Numb. 3. 38. he took offence (as S. Iarchis noteth on Numb. 16.) and envied at the preferment of Elizaphan, the Son of Uzziel, whom Moses had made Prince over the Sons of Cohath. Numb. 3. 30. When he was of the youngest Brother Uzziel: and Ko∣rah himself was of Izkar, elder then he: See Numb. 3. 29. 30. But by the Sequel it appeareth that he lift up himself not only against Elizaphan, but against Moses and Aaron, and sought the priesthood also, pag. 10. as Ainsworth obser∣veth on Numb. 16.

So in the Christian Church, Arrius the infamous Here∣tick was displeased, because he could not obtain the Bi∣shoprick of Alexandria, and thought himself as worthy as A∣lexander: and being discontented at his loss of so rich a bisho∣prick,* 1.34 raised that Heresie which plagued the Church 300. years. So A••rius offended because he could not obtain a Bish∣oprick, took exception against the Dignity of Bishops, As Epiphanius sheweth;* 1.35 and many more such examples are ob∣vious in the Ecclesiastical Histories.

And so at this instant of our Troubles, the Presbyterian Divines were offended because they could not obtain the cheifest dignities of the Church. Mr. Stephen Marshal a prin∣cipal Presbyterian, did once petition the King for a Dean̄∣ry, and at another time for a Bishoprick: Which because he could not obtain as the King told him at Holdenpy, where he attended upon the Commissioners, therefore he would overthrow all.

Doctor Twist was an earnest Suiter for the Deanry of Sa∣lisbury; which because he could not obtain, nor a Prebend in Windsor, which he once desired but failed of it, Mr. Hales of Eaton Colledge being preferred before him, therefore he was angry and discontented that he must rest and sit down upon his living at Newberry.

Doctor Burgesse, was one of the same shape, he never had a fellowship, or any like place of Continuance in any Colledge, but left the University after he was Master of Arts: yet he got two livings, St. Magnus in London, and Watford, neer St. Albans; and then endeavoured to be made the Kings

Chaplain, which once he obtained, but was shortly put out, by means of the Archbishop: So that he being offen∣ded, did only watch for a time, when he might fish in troubled waters; when the late troubles began, he became the cheif Leader of the rascal rabble out of London, to cry out for Justice against the Earl of Strafford, and against the Bishops, and at length he i••vaded the Deanty of Pauls, being allowed a Stipend of 400. l. yearly. And since he hath invaded the House of the Bishop of Wells, and much of the Lands: But had he been made Dean of Pauls, or Bishop of Bath and Wells by King Charles, he would ne∣ver have opposed the Bishops.

The like is known concerning Mr. Henry Burton, The original of his discontent is well known: He lost his place at Court, which for a little time he enjoyed under Prince Charles, and so losing his hopes of further prefer∣ment, he was inraged with envy and revenge against the Bishops, and all Church Government, and at length de∣graded and punished according to his demerits. Thus Am∣bition and Covetousnesse, was the true motive of all the Presbyterian fury and rage against the Bishops and Ecclesi∣astical laws and Courts.

But to return to our former purpose and discourse, why it is fit and reasonable, that some principal men of the Clergy should be in power and some places of Judicature, to preserve the inferiour Clergy from oppression and con∣tempt, whereunto they are now ob••oxious. Whereas if the Clergy might now enjoy those ancient priviledges, which are mentioned in Scripture, as Gen. 47. of King Pharaoh, who in the time of Famine and great extremity, spared the Priests Lands, and allowed them their portion, so that they sold not their Lands: Then men might better talk of applying their studies, and medling with no common or worldly businesse. Artaxerxes the Persian King (Ezra 7. 24.) commanded that for all the Priests and Levites, and Ministers of the House of God, it should not be lawful to impose Toll, Tribute, or Custome upon them: Whereas now the Cler∣gy being made subject to the most sort of payments, char∣ges, and impositions, in a greater proportion commonly

then other men, it is but requisite that some principal men of the Clergy should have voyce and suffrage in making the Laws, that are enacted for their Government and Tax∣ations.

Besides the course of Laws and Government is now much altered from what it was in former times, when Holy Fa∣thers spake of wholly applying themselves to prayers and sacred studies, and diligent preaching of the Gospel, as if they were to do nothing else, not so much as to provide bread and necessaries for their Families, for then they lived most part single in Colledges, and Monasteries, and So∣cieties under the Bishops, where all necessary provisions were made by Stewards and Officers, appointed for the purpose; so that their cares in all those respects, were lesse∣ned and abated much; that they might apply their studies only, and forsake all worldly businesse, which now they cannot foregoe, being secular and parochial Ministers, married men, and thereby charged with Children and Fa∣milies, and also made obnoxious to all Laws, Suits, and Impositions, without any exemptions or priviledges. So that it is but a Monastical, and in part a Popish fancy, to talk so much of applying their studies, and only preaching in the Gospel; for by many a writ and warrant from seve∣ral Courts of justice, and Constables, they shall be hin∣dred and commanded to attend secular and litigious pro∣ceedings, and answer to all Bills of Complaint, Declara∣tions and vexations, that shall hinder their preaching and studies, more then a voluntary imployment at fit seasons, in some publick office.

Further it is but a Popish opinion, that Regimen Ecclesi∣asticum est distinctum a politico.* 1.36 Which Bellarmine maintains (taking it for granted on both sides) only to advance the Papacy above Kings and Princes, and to exempt the Cler∣gy from secular authority. Calvin affirmeth as much, 4. Instit cap. 11. Sect. 1. Ecclesia Dei sua quadam spirituali politia indiget, quae tamen a civili prorsus distincta est, &c.— But under Correction, I take it to be a great Errour, though now it is the Common Idol of every mans fancy: because that in our Kingdome since the Conquest, but not formerly

as hath been already declared, cap. 2. the Courts of justice are divided, the Temporal from the Ecclesiastical, and so in most other Kingdomes: Which yet I do not think to be the ancient manner, not to be the best course, though things being setled as now they are, at this present, it is not safe to change much; for in a Kingdome, the Courts of justice which have been long setled, cannot easily be al∣tered without danger and ill consequences. But yet with∣out any alteration of Laws or Courts, the Courts may be furnished with judges of all sorts, some Ecclesiastical per∣sons, as well as any others, for it is against humane nature, and Society to debat the Clergy, and shut them out of all publick places of Trust and judicature: The Issue and event whereof can be no lesse then the disgrace and reproach of the Clergy, and to make them as the filth of the World, and offscouring of all things.

Whereas it is well known, that many Doctors of Divi∣nity, are as fit to be justices of peace as any Knights, or Esquires; The Doctors being learned in many kinds, but very few of the Gentlemen eminent for Learning: or if they be, they are such as will be glad to have the Society and Company of Learned Doctors, who are oftentimes skilful in Civil and Common Law, and other parts of good Learning, which do enable them for publick imploy∣ments.

There is a Discourse about Puritans, lately published by a Lawyer, one Mr. Parker, wherein the excepts against Cal∣vin, and I think not amisse, in that he doth according to the Popish grounds maintain, that Spiritual jurisdiction differs from Temporal, because it proposeth not the same ends, but several, which by several means may be better compassed.

But saith Parker, The Spiritual Magistrate (as I conceive) can purpose no other end, then which the secular ought to aim at; for either the Prince ought to have no care at all of the honour of God or of the good of men, and that which is the prime end of both, true Religion; or else his ends must be the same which the Prelate aims at, viz. to vindicate Religion by removing or cor∣recting scandalous Offendors: Secondly to preserve the innocent

from contagion by the separation of open Offenders: Thirdly, To prevent further obduration, or to procure the amendment of such as have transgressed, by wholsome Chastisement. Thus he, and I think not much amisse; the scope and end of both is the same, and as he saith in his Discourse;

Clergy men being as well Citizens of the Common-wealth, as Sons of the Church, and their cases importing as well perturbance of the State, as Annoyance to the Church, there can be but one head which ought to have command over both, and in both. It is manifest also that many cases are partly Temporal and partly Spi∣ritual, that scarce any is so Temporal, but that it relates in some order to Spiritual things: Or any so Spiritual, but that it hath some relation to Temporal things, so that the true Subject of Ec∣clesiastical and civil Iustice cannot rightly be divided.

I demand then why should the Courts be divided? which was done first among us by William the Conquerour: And why should there not be judges partly Spiritual, as well as Temporal in all Courts? As it was anciently among our Ancestors the Saxons; or at least why should not the Su∣pream Court of justice, which is to give Law to all other inferiour Courts, be well tempered and mingled with all sorts of men, Ecclesiastical and Civil, the most learned, wise and choicest that can be found in the whole Kingdom: Why not Priests and Levites admitted into the number, as well as in the Sanedrim of the Iews, which was equal to our Parliament, and was first instituted by God himself? And I take it there can be no just exception, but that our Christian Kingdomes may most safely follow the general Rules of Policy and Government, which God ordained a∣mong his own chosen people, without any imputation of judaism.

Now among them some cheif Fathers of the Priests and Levites, were not only judges and elders in their own Cities, which were allowed them, to the Number of forty eight in the whole, but sate with the Elders of other Cities, and were Iudges and Officers over Israel. Yea many things by Gods law, were wholly and cheifly reserved to the Knowledge and Sentence o•• the Priests, As Leprosie, Iealousie, Inquisition for Murder, Falsewitnesse, and such

like, (which now among us, for most part belong to the Common-law) in which cases the People and Elders were to consult the Priests and take direction from them.

And so Bertram in his Treatise De Politia Iudaica cap. 9. doth make it manifest.— Prorsus est extra Controversiam judices manicipales cujusque Civi••atis ut vocantur, seniores fuisse Chiliarchos, Centuriones, quinquag••narios, & decuriones tot quot esse po••erant in quaque Civitate, ita ut ex illis Levitae quidam in praefectos assumerentur, si modo in ea aliquot erant Levitae; sin minus, ex proxima urbe Levitis assignata advocab•• n∣tur.

And again in his Cap. 10. David in Civili politia, dicitur ex Levitis destinasse judices & prafectis sexies mille, Ex Leviti•• judices & praefecti assumpti sunt, hac ratione, ut primum essent ex Levitis quidam, qui Adsessores essent Iudi∣cum, Ordinariorum, & Municipalium, qui seniores dice∣bantur: Qui & aliquando de plano, (ut vulgo loquuntur) judicar••nt, de rebus levi••ribus, quales erant pecuniariae; vel soli, vel assumpto uno aliquo ex loci vel Vrbis se••ioribus: De∣inde ut essent etiam quidam alii qui judicatas res exequerentur. Vel certe quod verisimilius est, qui assessores erant judicum or∣dinariorum, qui ut ipsi de rebus pecuiariis cognoscerent, & judi∣carent. ipsamque rem judicatam exequerentur,—&c.—

Ex eadem familia adhibiti sunt ad regendam & ad Civilem politiam gubernandam: Ita tamen ut nulla esset, utriusque po∣litiae confusio & permixtio, Et cap 11. Ad utrumque judicium (tam civile, quam Ecclesiasticum adhibiti sunt Levitae in praefectos, eodem videlicet modo, quo eos ad id muneris desig naverat David, —&c.

Thus and much more to this purpose, Bertram doth of∣ten throughout his Book, deliver his judgement, that the priests and Levites were Judges in the civil Courts of Justice, and not only in the Ecclesiastical.

To this Sigonius agreeth, lib. 6. Repub. Hebrae••rum cap. 7. speaking of the Sanedrim.

Inivêre hoc Concisium Rex cum principibus populi, ac septu••aginta senioribus populi, & Pontifex cum principibus sacerdotum & scribis, id est, legis doctoribus, ut per spicere liqueat ex E∣vangeliis, ubi agitur de judicio Christi: Voco autem principes

populi, duodecim princ••pes tribuum, qui Reg•• assidebant, Quare Ioseph. ab Arimath. Senator sive decurio nobilis idem Concilii particeps fuit; siquidem scriptum ••st, ipsum cum caeteris assen∣sum damnationi Christi non praebuisse. Principes autem sacer∣dotum dico illos, qui vicenis quaternis sacer dotum classibus seu vicibus, singuli singulis praeerant. Scribas vero ipsos legis Docto∣res, quos Prophetas Iosephus vocavit. It is manifest hereby, and by the reasons alledged already in cap. 2. that is a gross error of Doctor Burgesse, who affirmeth that in Numb. 11. There is no foot-step appears that the Priests were any of the 70. Elders appointed by Moses.* 1.37

Now seeing David appointed no lesse then six thousand Le∣vites for the outward businesses, it could not be, but that many of them were employed in their secular and civil affairs; whereas now there is not one hundred of the Clergy imploy∣ed throughout our whole Kingdome, there being not above two or three Justices of peace in a whole Shire. But their presence and assistance at publick meetings of Justices, as at the Assises and Quarter-sessions, and other occasions, is very necessary to the rest of the inferiour Clergy, who wil otherwise be crushed and trampled on, in many busines∣ses, debates and contentions that do happen continually, from the perverse and obstinate party of the Laity: For, Laici semper sunt infesti Clericis, is a true saying in the Com∣mon Law.

The Priests, the Sons of Levi (saith God) shall come neer, or forth (out of the Cities where they were placed in every Tribe) and by their word shall all stri••e and plague be tryed. Remembring alwayes that doubtful and weigh∣ty matters were reserved to the great Council of Priests and Judges that sate in the place, which the Lord did chuse for the Ark to rest in, as, Deut. 17. 8. 9.—&c. If there come a matter too hard for thee in judgement between blood and blood, cause and cause, plague and plague of matters in question, within thy gates, thou shalt arise and go up to the place, which the Lord thy God shall chuse, and shalt repair unto the Priests and Levites.—

This Council or Senate of the Elders residing at Ierusa∣••em,* 1.38 in Iehosophats time, (who no doubt did not infringe,

but rather observe the Tenour of the Law) consisted of Le∣vites and of Priests, and of the heads of the Families of Israel. And had Amazias the high priest cheif over them in all matters of the Lord, as Zebediah, a Ruler of the House of Iudah, cheif for all the Kings affairs, and was a Continuance of the 70. Elders, which God adjoyned unto Moses, and bare the burden of the people with him: And this Court cannot be better resembled among us, then to our Parliament; for there was but one Council of that na∣ture in the whole Land of Iury, and that consisting of some of the cheifest of every Tribe; and they not only debated and concluded the highest affairs of that Realm, as War, peace, appeals from all inferiour Courts, punishments of whole Cities and Tribes, and such like, but also ruled and rectified all cases omitted, or doubted in Moses Law; and were obeyed throughout the Land, ••pon pain of loosing goods or life, or being for ever excluded from the peo∣ple of God, as they pronounced or prescribed. Thus the reverend and Learned Bishop Bilson in his perpetual Govern∣ment. cap. 4.

Besides in every City there were private and peculiar Rulers, (21. in number as Iosephus saith) and also to every Magistracy in those Cities, there was allotted two of the Tribe of Levi for assistance, as Iosephus witnesseth▪ and if those could not determine the bus••nesse, then they did ap∣peal to the great Council. And so Grotius sheweth most accurately, upon Mat. 5. 21. Now God appointed these offices and dignities and power of Judicature to the Priests and Levites, besides their attendance upon Gods ser∣vice; and the Course of every Priest and Levite, was but one Week in half a year, to attend at the Temple, as Io∣sephus and Scaliger, and Selianus doth shew, with other ac∣curate Chronologers; so that beside their attendance upon Gods Service, they had time and leisure enough to be helpful in the Government of the Kingdome. Yea some∣times the principal Judges were chosen out of the Tribe of Levi, as at the beginning of their Common-wealth, Moses himself of that Tribe the greatest prophet & prince that ever was among them. So after in succeeding times, Ely the high

Priest, was made Judge in his time: So also Samuel a Le∣vite was cheif Judge in Israel, as 1, Sam. 7. 15. who judged Israel all the dayes of his life: And he went from year to year in circuit to Bethell, and Gilgal, and Mispeh, and judged Israel in all those places, much alike as our judges do go their Circuits every year throughout the Land. p. 17. And his re∣turn was to Ramah, for there was his House and there he judged Israel, and there he built an Altar to the Lord. And his three Sons after him, Samuel made them (being Levites) Iudges over Israel, though they did not walk in their Fathers ways, but turned aside after lucre, and took bribes and perverted judge∣ment.

After the Captivity of Babylon, for some 500, years till the coming of Christ, the Priesthood had the greatest stroke in the Government: As Ezra the Priest and brother to Iesus the high priest that returned from the Captivity, whose memory is honourable among the righteous, as learned Montague sheweth against Selden. pag. 377. He had Commission from the Persian Emperor Artaxerxes, to go∣vern and order the Controversie, Ezra. 7. 12, 25. and gave him authority to set Magistrates and judges, which might judge the people, and power to execute the laws of God and the King. pag. 26. and to inflict punishments unto death, or banishment, or to confiscation of goods or imprison∣ment. So that Ezra had great authority and full power gi∣ven him, and his worthy Acts are there recorded.

So afterwards under the Maehabees, who were priests, the Common-wealth was governed, and it pleased God to make that Family victorious as any other almost that ever governed that Common-wealth, as Sir Walter Raleigh shew∣eth. lib. 2. cap. 15.

If thus it were anciently among the chosen people of God, why then should any in these dayes be so much dis∣pleased, that a Bishop or a Clergy man, should have any part in the Government of the Common-wealth, or assistance of Government, for the better Ordering and Directing of judgment, or to be Counsellor to a Prince; as Zechariah the Levite was a wise Counsellor, 1 Chron. 26. 14. Benajah a Priest, son of Iehojadah, was one of David's

twelve Captaines:* 1.39 being the third Captain of the host for a moneth, and in his Course consisting of 2400, was his son Amizabad:* 1.40 Benajah also was of David's principal Worthies, having the name among the three Mighties. He was also Captain of the guard to David, and after the death of Ioab, he was made Lord General of the Host, by King Solomon, in Ioabs room. 1 Kings 22. 35.

So, and much rather may a Clergy men now be an Officer, in great place, or a Justice of Peace in the Coun∣try, who handles Matters of Equity and good Conscience, for preserving of publick peace, order and quietness a∣mong neighbours, wherein happen many businesses that depend much upon the Conscience of a Justice, and the Equitable rules of Scripture, whereof Clergy men are the most competent interpreters: As also many Causes happen touching the Estates and persons of the Clergy, who have little reason to be subject onely to secular Judges, without some of their own tribe on the bench to see fair carriage and indifferent dealing.

But for matters of Religion, concerning God and his Worship, and difficult points of Divinity, the Clergy then were, and so ought now to be the principal men to be imployed; as may clearly appear by the doings of K. David, about removing of the Ark to the place that he had provided for it: upon which text, King Iames hath written a very pious and excellent Meditation, Pag. 81. upon the 1 Chron. 15. some of those words are fit to be here recited.

When the Ark of God, (whereunto they sought not in the dayes of Saul) had continued long at Kiriah-jearim,* 1.41 David out of his Zeal and Piety was moved to prepare a Tent for it, in the City of David; and when he began to remove it, he called a great assembly of principal Men, but did not make that use of the Priests and Levites as he ought to have done, and therefore the Action prospered not; but there happened a terrible judgment upon Uzzah, which hindered the progresse of the good work, and David was afraid of God that day, saying: How shall I bring the Ark of God home to me? so the Ark rested in the

House of Obed-Edom. But afterwards upon better advice, David perceived his Errour, and confesseth it. Cap. 15. 12, 13. Speaking to the Chief of the Priests and Levites: Sanctify your selves, both ye, and your brethren, that you may bring up the Ark of the Lord God. For because you did it not at the first, the Lord God made a breach upon us, for we sought him not after the due order.

This was a great and a godly work that was then in∣tended, and therefore King David called a great Assem∣bly about it. 1. Of the Elders of Israel. 2. Of the Cap∣taines of thousands, and hundreds, whose Names and Praises are recorded.* 1.42 3. The Priests and Levites, Who did it not at the first. But now upon better advice, King David assembled at first the Children of Aaron and the Le∣vites. v. 4. So that men of all Estates, were now pre∣sent in this godly work: This is to be marked well of Princes, and of all those of any high Calling or Degree that have to do in Gods Cause: David doth nothing in matters pertaining to God without the presence and es∣peciall Concurrence of Gods Ministers, appointed to be spiritual rulers in Gods Church: And at the first meant to convay the same Ark to Ierusalem, finding their absence and want of their Counsel hurtful; therefore he saith to them, Ye are the Chief Fathers of the Levites, because ye did it not at the first. Thus saith King Iames of blessed memory: but now there is a generation of men, who do not think the Clergy necessary Men to be consulted: that will inter∣pret Scriptures, remove the Ark of God (as it were) and do things without the presence, vote, and suffrage of the Chief Fathers of the Levites: which how it agreeth with this pious Example of King David, and King Iames's Meditations upon it, I leave to be Considered.

CHAP. VII.

I•• the first frame of our English Common-wealth, the Bishops in every Diocess, were the principal Iudges. The Charter of William the Conquerour, for the di∣viding the Courts: The Statute of Circumspectè agatis 13. Ed. 1. and Articuli Cleri. 9 Ed. 2. ap∣pointing what Cause shall belong to the Ecclesiastical Courts.

THe first frame of our English Common-wealth was so setled and ordered by the Saxon Kings, when once they became Christians, That the Bishop of the Diocess, together with the Aldermen of the County (and so their Deputies in-inferior Courts under them) should be equal Judges, together upon the same Bench, in the same Courts, and there determine all Causes: in the forenoon Church∣matters, and in the afternoon secular business: as Selden sheweth in his notes upon Eadner. p. 166. and Bishop Iewel in part observes in his Defence of the Apology, Part 6. p. 522. This Course continued till William the Con∣querour, and perhaps it had been very happy for our King∣dome, if the frame of our Laws and Courts had so still continued joyned together: for many reasons that I will not now further insist upon.

Gulielmus primus, sacrum à Civili discriminavit forum, etenim florente Saxonum imperio, mutuas injure dicundo veluti tradebant operas, atque eodem utebantur his quotannis for•• Dioe∣ceseos Episcopus simul & provinciae Praeses, seu vice-Comes: quem & Sheriffe nunc dicimus, & interdum Ealderman nomi∣nabant, &c.

The Conquerour first separated the Temporal Courts from the Ecclesiastical: yet not diminishing the authority of the Churches Jurisdiction, which by his oath he con∣firmed and promised to preserve: affirming—Quod per

Ecclesiam Rex & regnum,* 1.43 solidum habent subsistendi fundamen∣tum. So that he subverted rather Ecclesiastical power and jurisdiction; but as formerly in the County, or in the Hun∣dred, so now in the Bishops Court all Ecclesiastical Cau∣ses were heard and determined. For the old manner, the Laws of King Edgar do shew it. Cap. 5. Intersit unusquis{que} Hundredi Gemoto,* 1.44 ut superius est praescriptum, & habean∣tur burgemottitres, quotannis duo vero scire-gemotti: de istis adsunto loci Episcopus & Aldermannus, doceatque alter jus divinum, alter saeculare: In Hundredo aderant Thani (quos Barones vocant posteri) ut patet e. L. Ethelredi. Cap. 1. ipsi{que} judices Ecclesiastici, cum partis illius Clero: in Hundredo enim non minus quàm in Comitatu, unà haec agebantur, quae ad forum pertinent Ecclesiasticum & quae ad saeculare: donec Gulielmus Conquestor, divisis jurisdictionibus hanc ab illa separavit.

For the Division of the Courts, and the Erection of the Ecclesiastical to sit by themseves under the Bishop and Arch-deacon, it appears by the Charter of King William to the Dean and Chapter of Lincoln. And though it be sent in the direction by name to them only, yet it seems, it grew after to be a general law, no otherwise then the Statute of Circumspecte agatis, that hath a special reference onely to the Bishop of Norwich: as Lord Coke saith, 2 Instit. 487. The Bishop of Norwich is there put but for example, but it extendeth to all the Bishops within the Realm.] And so Selden telateth in his History of Tithes. Cap. 14. Sect. 1. and in his Ianus. Lib. 2. Sect. 14. And in his notes upon Eadner. p. 167. The words of it, as they are recorded are,

Willielmus gratia Dei Rex Anglorum, Comitibus, vice comi∣tibus, & omnibus Francigenis & Anglis, qui in Episcopatu Remigii Episcopi terras habent, salutem. Sciatis vos omnes, & coeteri mei fideles qui in Anglia manent, quod Episcopales leges quae non bene, nec secundum sanctorum Canonum praecepta, usque ad mea tempora in regno Anglorum fuerunt, Communi Consilio, & Cousilio Episcoporum & Abbatum, & omnium principum regni mei, emendandas judicavi. Propterea mando, & regia authoritate Praecipio, ut nullus Episcopus vel Archi∣diaconus de Legibus Episeopalibus, amplius in Hundret. placita teneant, nec causam quae ad regimen animarum pertinet, ad ju∣dicium

secularium hominum adducant; sed quicunque secun∣dum Episcopales leges, de quacunque causa, vel culpa, inter∣pellatus fuerit, ad locum quem ad hoc Episcopus elegerit & nomi∣naverit veniat, ibique de causa sua respondeat, & non secun∣dum Hundret, sed seeundum Canones▪ & Episcopales leges rectum Deo & Episcopo suo faciat. Which I the rather transcribe (saith Selden) because also it seems to give the Original of the Bishops consistory, as it sits with us divided from the Hundred or County Court, wherewith in the Saxon times, it was joyned.

And in the same Law it is added further,

Hoc etiam defendo, ut nullus laicus homo de legibus, quae ad Episcopum pertinent, se intromittat. Thus Selden: Only the words of the Charter are more fully recited out of the Records by another Learned Author.— Si vero aliquis per superbiam elatus, ad justitiam Episcopalem venire noluerit, vocetur semel, & secundo & tertio. Quod si nec ad emendatio∣nem venerit, excommunicetur. Et si opus fuerit, ad hoc vin∣dicandum, fortitudo & justitia Regis vel vicecomitis adhibe∣atur. Ille autem qui vocatus ad justitiam Episcopi veniro no∣luerit, pro unaquaque vocatione legem Episcopalem emendabit. Hoc etiam defendo, & mea authoritate interdico, ne ullus Vi∣ceeomes aut praepositus, aut minister Regis, nec aliquis laicus homo de legibus quae ad Episcopum pertinent, se intromittat: nec aliquis laicus homo alium hominem sine justitia Episcopi ad ju∣dicium adducat. Iudicium vero in nullum locum portetur nisi in Episcopali sede, aut in illo loco, quem ad hoc Episcopus constitu∣erit.

And the punishment for disobedience to the Ecclesiasti∣cal Judges, was much alike as formerly was enacted under the Saxon Kings, as by King Alured; Si quis Dei rectitudi∣nes aliquas deforciot, reddat Lathlite cum Dacis, Witam cum Anglis:* 1.45 And the same Law is afterwards confirmed and re∣newed by King Canutus, and by other Kings: Whereby it appeareth how before the Conquest, and likewise after, for a long time, the authority and jurisdiction of the Church was maintained and upheld by the setled Laws of the Kingdome. How they had power in their Courts to ex∣communicate, and further by the help of the King and the

Sheriffe, to proceed against stubborn offenders, and such as opposed or contemned their authority; so that here is the present practise and Law confirmed, by the continual practise of many hundred years.

The Law being thus made by the Conquerour, to sepa∣rate the Ecclesiastical Court from the Temporal, there fol∣lowed after in succeeding times Statutes to direct and ap∣point what causes shall belong to the Bishops Jurisdiction: As the Statute called Circumspecte agatis made 13. Edw. 1. and Articuli Cleri 9. Edw. 2. which besides others, Coke doth expound in the 2. Instit. at large pag. 489. 599. So that the Ecclesiastical Laws and Courts being thus setled by ancient Statutes and Magna Charta, and besides long use and Custome, the Laws are Fundamental and neces∣sary as well as any part of the Common-law, and cannot be wholly taken away without great injustice, confusion, and great disorder in the Kingdome and Church, as it happen'd most pitifully in these troublesome times: But Par∣liaments are obliged to maintain the Fundamental Laws of the Land, as they have often professed solemnly in many of their Declarations, Protestations and Remonstrances: But in conclusion they have overthrown all Ecclesiastical Courts and Laws, though never so ancient and Fundamen∣tal, and now they would pretend to set up new laws and orders, which they call Presbyterian Government by Lay Elders in every Parish, a fond and foolish project (con∣trary to the Laws of God and Man) such as they have heard to be at Geneva, and some other places beyond Sea, where there are no Lords, Knights, Esquires, or Gentlemen, as with us in England: But their new States are popular, with∣out degrees of Honour and distinction of Gentry: They do as their Neighbours at Strasborough, and the Switzers, of whom Bodin saith, lib. 6. c. 4. Argentinenses, Caesa & pro∣strata nobilitate, cum imperium populare invasissent, legem com∣munibus suffragiis tulerant, ne quis summos in Civitate Magi∣stratus adipisceretur, nisi a cerdonibus aut coriariis aut id ge∣nus sordidis opificibus stirpem traxisset; idenim veteribus Gr••cis usit atum erat, ut in iis civitatibus quae popularia imperia stabi∣lire ac tueri vellent, cives omnes, quantum quidem fieri posset,

opibus, honoribus, imperiis, ac vitae conditione exaequarent: ac si quis prudentia, justitia, fortitudine, aut ulla virtute caeteris praeluceret ac emineret, hunc ostracismo exterminabant; aut ne virtutitam aperte bellum indicere viderentur, accusationibus & calumniis opprimebant, atque id unum efficere conabantur, ut singuli Cives, non magis sui similes essent, quam omnes om∣nium.

They either banished or put to death all their Nobility, and so made themselves a popular state, and further made a law, that no man should bear any publick office among them, but such as would derive their Discent and Pede∣gree from some base Trade, a Cobler, or Carrior, or such like.

Among such people, Presbyterian Government may be better allowed then in a Kingdome flourishing with all degrees of Honour, Dukes, Marquesses, Earls, Barons, Knights, &c.—. But where only Tradesmen are, chap∣men, Ped••ars, and Artificers, as they are at Geneva, there any government in the Church may better be tolerated then in a Monarchy: The Glossary sheweth to that purpose that Tradesmen are base fellows in Herauldry,* 1.46 and among base fellows any base government may serve the turn. Bur∣genses & Mercatores sunt sordidum hominum genus; as Tully said Burgenses dum cauponandis mercibus & rei Mechanicae na∣varent, generosae turbae (militiam omnino admiranti) despectui e∣rant, adeo ut cum illis nec connubia jungerent, nec Martis ale∣am experirentur: and so also the Civil law saith, patritii cum Plebeis conjugia ne contrahunto. And in our law it is reputed a disparagement for a Ward in Chivalry (which in old time was as much as to say a Gentleman) to be married to the Daughter of one that dwelt in a Burrough; as Lambard sheweth in his perambulation of Kent, pag. 504. So the old Statute of Merton Anno Dom. 1235. cap. 7. De Dominis qui maritaverint illos quos habent in custodia sua, Villanis & aliis, sicut Burgensibus, ubi disparagentur, &c.

Lord Coke sheweth what causes belong to the Court Christian, viz. Probate of Wills and Testaments, Lega∣cies, Reparation of Churches, and Church-yards, Tyths, Oblations, Mortuaries, and such like duties; Matrimo∣nial

causes, degrees of Affinity, or Consanguinity Di∣vorces, and what else belongeth thereunto. And divers o∣ther particulars, as appears in divers statutes, and the Books of the Civil Lawyers, as punishment of Adulte∣ry, Fornication, and Incontinency, Incest, with many other the like, as Heresies, Schismes, Errors, Abuses, Offences, Contempts, and enormities, as Lord Coke saith, 4. Instit. pag. 325. and so also the excellently learned Law∣yer Dr. Cosin, Dean of the Arches, in his Apology for Ec∣clesiastical Courts and their proceedings against Simony, Usury, Defamation, Sacriledge, Disapidations,— &c.—

But now the Presbyterians neglect, and cast off most of these particulars, that there is no punishment for those gross offences and sins, which are not fit to be mentioned among Christians saith the Apostle. There is of late an infinite number of bastards gotten, and the Justices of peace only take care for keeping the Bastard: But there is no punish∣ment or correction for the scandal to Religion; and the vulgar people, go together like Dogs and Bitches, with∣out licence or publication of banes in any parish. The Holy Communion is cast aside and neglected in most pa∣rishes most shamefully: The Common-people in most pa∣rishes will rather be without the Sacrament, then give one penny to buy Bread and Wine for it, that they are become Atheists in most places; and many Sectaries professe publick∣ly that they will not have Churches or Stone-houses, nor Ministers or Magistrates: And yet the Parliament pretended to reform all according to the word of God in all things; to advance the Throne of Christ, and the Tribunal of Christ, with all his holy ordinances in full force and power, as the Language is of the Presbyterian Ministers.

CHAP. VIII.

Some Observations out of the Civil Law in the Empire, concerning the separation of Courts, and some also out of the ancient Statutes, as Selden hath related them: Lord Cooks Defence of the Bishops being in Parlia∣ment, and of the Convocation, and High Commis∣sion, and other Ecclesiastical Courts.

AS the Courts Ecclesiastical and Temporal were sepa∣rated in our Kingdome: so anciently there was some such division in the Empire, yet the Emperour gave great power and authority to the Ecclesiastical Judges, according to that which Iustinian saith of spiritual Causes in the No∣vell. 123. si pro Criminal. si Ecclesiasticum negotium sit, ••ullam Communionem habento Civiles Magistratus cum ea discepta∣tione, sed religiosissimi Episcopi finem imponunto. If it be an Ecclesiastical Suit, let the Civil Magistrates have nothing to do there with that plea, but let the Bishops end it. Whereby it appears, that prohibitions from the Temporal Courts were not then allowable, which certainly came not into use, till after the Councel of Clarendon under Hen. 2. Wherein the Clergy were inforced to appear in the Temporal Courts, one Canon thereof being

Clerici accusati de quacun{que} re, summoniti a Iusticiario Re∣gis; veniant in Curiam responsuri ibidem de hoc, unde videbitur Curiae Regis quid ibi sit respondendum; & in Curia Eeclesiastica unde videbitur, quod ibi sit respondendum. It a quod Regis Iusti∣ciarius, mittet in Curiam sanctae Ecclesia ad videndum quomodo res ibi tractabitur, & si Clericus vel confessus vel convictus fuerit, non debet eum de caetero Ecclesia tueri. But touching this and the rest of the Constitutions in that Council Math. Paris.* 1.47 doth sharply inveigh against them,

Hanc Recognitionem five Recordationem de Consuetudinibus & libertatibus iniquis, & dignitatibus Deo detestabilibus, Archi∣episcopi,

Episcopi, & clerus, cum Comitibus, Baronibus, & proceribus juraverunt. And as he addeth,

His ita{que} gestis, potestas laica in res & personas Ecclesiasticas, omnia pro libitu, Ecclesiastico jure contempto, tacentibus aut vix murmur antibus Episcopis, potius quam resistentibus, usur∣pabat. And this appeareth also by that which Selden re∣lateth in his notes upon Eadner. pag. 268. that long after, in Edward the seconds time, the Clergy had so many op∣positions and hinderances in their proceedings from the Temporal Courts, that they exhibited a petition in Par∣liament, wherein they recite the grant and consti∣tution of Will. 2. allowing them their own Courts by themselves, and specify their complaints particularly, which he calleth, Gravamina Ecclesiae Anglicanae, and saith, they are those mentioned in the proem of Arti••uli Cleri. And in this age we have great cause to complain of Prohibitions, but thereof I will say no more now; as for the Temporal Courts, the Conquerour appointed them to follow his Court royal, which Custome continued for many years, till under King Iohn at the instant request of the nobility it was granted—

Ut Communia placita non sequerentur Curiam (i. e. Regis) sed in loco certo tenerentur. That the Court of Justice for Common Pleas, should not follow the Kings Court Royal, but be held in a place certain, as now commonly they are, in Westminster-Hall: Whereas before, the Kings appointed one Grand Lord Chief Justice of all England, who for his authority and power, was a greater officer, both of State and Justice, then any in these last ages; and ever since that the greatness of that office was abated by King Edw. 1. most of those great Justices were Bishops, as Sir Henry Spelman sheweth in his Caralogue of them. Glossar. pag. 401. Dignitate omnes Reges, proceres; potestate omnes su∣perabat Magistratus; De potestate valde (inter alia) claret, quod quatuor summorum judicum hodiernorum muneribus solus aliquando fungeretur, scilicet, Capitalis Iustitiarii Banci Regis, id est, pl••citorum Coronae, seu criminalium: Capitalis Iusticiarii Banci Communis, id est, placitorum Civilium, Capitalis Baronis Scacarii▪ hoc est, Curiae ad s••crum patrimonium, & fiscum per∣tinentis.—&c.

Most of these great Justices were Bishops, as appears by the Catalogue of them, they being the principal men for Knowledge and Learning in those dayes, and had, no doubt, power of voting in all Parliaments, Councils, and assemblies of State.

And so in these later times, Lord Coke sheweth their abilities, and rights. 4. Instit. pag. 321. The King is well apprised of all his Judges, which he hath within his realm, as well spiritual as temporal, as Arch-bishops, Bishops, and their officers, Deanes and other Ministers, who have spiritual jurisdiction.

It is declared by the King, the Lords Spiritual and Temporal, and the Commons in full Parliament. That the spiritualty (now being called the English Church) always hath been reputed, and also found of that sort, that both for knowledge,* 1.48 integrity, and sufficiency of number, it hath been alwayes thought▪ and is also at this hour sufficient and meet of it self, without the in∣termedling of any exterior person, or persons, to declare and determine of such doubts, and to administer all such offices and duties, as to their rooms spiritual doth ap∣pertain.

The Adversaries have made divers objections against our Arch-bishops and Bishops—Ever since saith Coke.— But these pretences being (in truth) but meer Cavils, tending to the scandal of the Clergy (being one of the greatest States of the realm, as it is said in the Statute of 8. Eliz. cap. 1.) are fully answered by the said Statute, and Pro∣vision made by authority of that Parliament for the esta∣blishing of the Arch-bishops and Bishops both in praesenti, & in futuro, in their Bishopricks.

By the Statute also of 39 Eliz. cap. 8. the Arch-bishops and Bishops, are adjudged lawful, as by the said Act ap∣peareth. And by these two Statutes, these and all other objections against our Bishops, one hath answered, which we have thought good to remember, seeing we are to treat of their jurisdiction, Ut obstruatur os iniquae loquentium, saith Lord Coke: Yet the fury and rage of these times have stirred up more anger, which in the

issue will turn to the Confusion and Dishonour of them that began these wars and broyles against the Church, and Bishops, and fundamental Laws and Statutes, which have so fully asserted their rights and authority.

Thus the Lord Coke premiseth, being to treat of the Ecclesiastical Courts and all the jurisdiction belonging to the Clergy, and established by the fundamental Laws of the Land against both Papists and Puritans: and first he beginneth with the Court of Convocation, and of the high Commission in Causes Ecclesiastical, which is absolutely necessary for the suppression of all manner of Errots, Here∣sies, Schismes, abuses, offences, Contempts, and enormities.

But upon suppression of this Court, by the late long Parliament, there hath broken forth such an infinite num∣ber of heresies, schismes, sectaries, and a rascal rabble of factions, as is prodigious to relate, and intolerable to be suffered: For as it is in the Common Law, if there were not Assises and Sessions, to punish Malefactors, Theeves, Cu••purses, Offenders, and Rogues of all sorts, the Land would be so Oppressed with the Multitudes of them no man could enjoy his house, or goods, freehold, or life: therefore in London they have every moneth a pub∣lick sessions to punish, Condemn, and Execute all sorts of Malefactors.

And Corporations in principal Cities have the like au∣thority by Commission, and Patent from the King.

But for the high Commission to punish Offenders against Religion, and the Church, Lord Coke saith, pag. 331. That the Kings Majesty hath, and Queen Elizabeth had before him, as great and ample Supremacy and jurisdicti∣on Ecclesiastical, as ever King of England had before them, and that had justly and rightly pertained to them, by divers other Acts; and by the ancient Laws of England, if the said clause of annexation in the said Statute of 1. Eliz. had never been inserted. That it was a g••osse Error, and a notorious offence of I. Pym, to affirm as he did in his Speech in Parliament; 4. Caroli. That the high Commission was derived from the Parliament. An impudent, ignorant, and seditious speech; which if it had been spoken in the

time of Henry the eighth, when he recovered his Supre∣macy from the Pope, the King would quickly have hanged, or burnt him, as he did many in his Reign, upon that point of his Supremacy: For though Parlia∣ments may submit and acknowledge the Kings Suprema∣cy, yet they are not the Donors or Authors of it, it is originally vested in the Crown, and is a principal Flower thereof; that cannot be denyed ot taken away from the King by any of their Votings or Ordinances. And the King may again restore the Court of High Commission, without the help of a Parliament, and appoint such Judges and Commissioners as he shall think fit, without direction or assistance from the House of Commons, as the King doth appoint Judges in all o∣ther Courts without their consent, and so may doe still in this Court: Which is absolutely necessary to be done, to suppresse the abominable and detestable in∣crease of Sectaries, and Schismaticks, that are now risen up in this Inter-Regnum of the Kings Authority.

CHAP. IX.

The Example of the late warrs in Bohemia, Germany, & France, might well have forewarned us in England. The Godly Covenant of Bohemia, might well have given us Caution to take heed of a Covenant without the Kings consent: The Church Lands taken away formerly, are restored by the Emperour. Grotius his Censure of the Presbyterians for raising Wars.

TO return again to our former matter of the separa∣tion of the Courts, it is to be considered that the Courts being now divided in the Kingdome, many hun∣dred

years since, the ancient manner of their union is for∣gotten and unknown, save only to the Learned; and the scars of the Norman Conquest are so overgrown, that few men are sensible, what reliques of Slavery do still remain upon us, by changing the order of the Courts, the Lan∣guage of the Law, in great part, with other things that I will not now mention. But being so setled by the Con∣querour, and continued by his Successors, the Temporal Courts in process of time grew too powerful for the Ec∣clesiastical, and by their injunctions and prohibitions, stopt many proceedings, especially after the Councel of Claren∣don under Hen. 2. Wherein the power of the Clergy was much abated, and all Ecclesiastical Jurisdiction so crushed, that it continued lame ever after. Though the Clergy by ap∣peals to Rome,, and the Popes Legats that were often sent hither, did oftentimes help themselves, and much molest their Adversaries. At length under Hen. 8. upon his breach with the Pope, the Ecclesiastical Jurisdiction was much abridged and restrained in many particulars, and reduced to a narrow compass, becoming much more sub∣ject and obnoxious to the Injunctions, Orders, and pro∣hibitions of all the Temporal Courts, that now I mervail that any should complain and envy at their power and greatness, there being no cause of any value or moment but by one order or other, is drawn from them to the Tem∣poral Courts. And now at last, there want not some that would have all Ecclesiastical authority and jurisdiction, ei∣ther wholly suppressed from the first Court to the last, or at least so abated, mingled, or changed, that what form or force of Government shall be left remaining, seems very uncertain.

But if Presbyteries and such like Consistories of the for∣raign and new fangled devising were erected, there will follow great confusion and disorder to the infinite distur∣bance of peace and quietnesse in the Kingdome, by altera∣tion of so many laws and customes, and of the Common Law it self, whereby the Kingdome hath been governed so many years, and setled in peace, and all mens estates and Lands held in certain possession. For such great and

universal changes, as will follow upon the dissolution of the Hierarchy; and taking away the Votes of Bishops in Parliament, and other eminent parts of Government, will produce such ill events and troublesome distractions as will not be pacified and composed within the compass of any mans life now living: And what further mischeif may follow is uncertain, but surely great troubles are like to ensue, as indeed it hath happened in a most lamentable manner.

But if our Nation could have taken warning by the ex∣ample of the late wars that happened these last 40. years, in France, Germany, and Bohemia, they might have preven∣ted much evil: for there the Wars began by men of the same spirit and humours, as our Presbyterians are among us, and had the same ends and purposes as ours had, which is to take away the Honours, Lands and Revenues of Bish∣ops, and all that belonged to them: The ill s••ccesse of their names might well have forewarned us, if there had been men among us, wise, and knowing of the Histories of the present age: When we saw the Flame and Smoke of ••he Bohemian War ascend to heaven in our sight, in most hideous manner: And in the end all the zealous party were utterly undone and confounded, that began the war against the Emperor, to take away the lands of all the Clergy,, Bishops, Deans, and Chapters,—&c.— Which they account to be the flesh of the Whore of Ba∣bylon, and the bones of the old Whore, that is, of the Pope▪ So Brightman, and Pareus, and other zealous men do interpret the Text, Revel. 17. 16. All the Lands of the Church, and Revenues, among which they reckon Tythes, are the flesh of the Pope, which they must e••••e and devour, not Physice, but Mystice, saith Pareus in his Commentary: For otherwise to eat the flesh of the Pope naturally, being commonly an old man and perhaps full of Diseases, would be no good meat or pleasing Diet: But mystically to eat him, that is, to take away the lands, revenues, and riches of the Church will bring in profit and money, that will pro∣vide better diet to feed upon then the body and flesh of an old Pope.

This Sacrilegious appetite and outragious covetousness, to get the lands of the Church and Bishops proved very tragical to Bohemia, and most parts of Germany: And to shew a little their manner of proceeding, I will digresse a little, because it is so remarkable and fresh a Case within these last 40. years. First therefore, the Bohemians in the year 1619. assembled a Parliament without the Emperors Con∣sent: They raised a great army, and put Garrisons also in all the best Towns and Castles: They made a Godly Covenant consisting of an 100, articles just the same in Substance with our late Scottish Covenant; they raised great Taxes, and excise to maintain their armies and garrisons. For two years they prevailed much, and brought in a new King, the Palsgrave; but at the end of two years, the Emperors great armies came upon them, and fought the great Battle of Prague 8. Novemb. 1620. The Duke of Bavaria came with twelve thousand men, and other great Commanders joyned, as the Count of Bucquoy, the Count of Tilly, the Count of Pa∣penheim, the Count of Maradas. Besides other great Cap∣tains of note, having an Army of 40. thousand men, and fought the great Battle neer Prague, and prevailed power∣fully. Next day the City of Prague was surrendered, the Palsgrave fled away, and of 30. Committee-men in Prague, which directed all businesse, twenty seven were apprehen∣ded; and the next year after they had been tryed and con∣demned by the Common-law of the land, for rebellion and raising armies, and Committees, they were put to death upon one stage the same day. Not long after, ten thousand protestant Ministers and Churches were suppressed, and the Ministers banished out of the Kingdome and the provinces annexed, of Moravia, Silesia, Lusatia, and other Countties of the Emperor. The Covenanters who had seised on the Lands and Revenues of the Bishops and Deans aud other societies, by way of Sequestration first (which word they used in one article of their Covenant) were forced to yield up those lands, and to restore them to the former owners: and so also in many other parts of Germany, Lands and Hou∣ses of the Clergy, which were taken away an hundred years before, were restored to the right owners.

And for the Godly Covenant they renounced it, a••d would have been glad to have enjoyed the favours, which the Emperors formerly permitted them out of his Clemency: But since they raised such a bloody War, he would not suffer them longer to enjoy his former favours. So that the Bohemians and most parts of Germany, who en∣joyed peace and great happinesse in all respects, lost all by striving to overthrow the Bishops, and the Ecclesiastical Laws, and to take their Lands.

This miserable event might well have forewarned us in England, not to offend in the same kind, as they did, to o∣verthrow Bishops, and all the preferments of the Church, to bring in Pre••byterian purity, and lay elders, and to im∣pose a godly Covenant, wich was indeed a wicked combi∣nation and Conspiracy, far worse then the Covenant of the low Countries, or that of France against Hen. 3. & Hen. 4. which had almost confounded all France, and was at length the destruction of those two great Kings who were both miserably murdered, and put to death; as our King Charles was in most abominable manner, and in many re∣spects, more horribly then those two Kings: for they were stabbed on a suddain by two villaines and without the con∣sent of the people, and severe punishments were inflicted upon them speedily: But King Charles in a deliberate manner, by men that pretended Justice and upright deal∣ing, who called an high Court of Justice never heard of before, no Judges of the Land consenting, or approving, and so openly in the face of the sun and of all the world, with an high hand, and professed malice, and outragious fiery zeal, that the Emperor Maximilian did justly say, that the Kings of England were Kings of Devils. And though the Presbyterians would excuse themselves, that they never intended the Kings destruction, yet that is a frivolous and foolish excuse: for as Sir Walter Raleigh saith truely: Our law doth Construe all levying of war without the Kings Commission, and all force raised, to be intended for the Death and Destruction of the King, not attending ••he sequel: and so it is judged upon good reason, for every unlawful and ill action, is supposed to be accompanied with an ill intent.]

Lord Coke. 3. Instit. pag. 12. speaking fully of all kinds and degrees of treason: saith—Preparation by some overt Act, to depose the King, or take the King by force, and strong hand, and to imprison him, until he hath yeilded to certain demands: this is a sufficient overt Act, to prove the compassing and imagination of the death of the King: for this upon the matter is to make the King a subject, and to despoile him of his kingly office, of royal government. And so it was resolved by all the Judges of England, Hill. 1. Iac. Regis, in the Case of the Lord Cobham, Lord Gray, and Watson, and Clark, seminary Priests: and so it had been resolved by the Justices, Hill. 43. Eliz. in the Case of the Earls of Essex, and Southampton, who intended to go to the Court where the Queen was, and to have taken her into their power, and to have removed divers of her Coun∣cel, and for that end did assemble a multitude of people; this being raised to the end aforesaid, was a sufficient overt Act, for compassing the death of the Queen, and so by woful experience in former times it hath fallen out, in the Cases of King E. 2. H. 6. & E. 5. that were taken and imprisoned by their subjects.

The Presbyterians did offend in this kind notoriously, and therefore committed Treason manifesty: for they im∣prisoned the King in divers places, and at length in a re∣mote place, in the Ifle of Wight, and what followed after is well known. And all this done by them, that were for the most part Presbyterians, out of their design to com∣pell the King to yeild to their projects, to overthrow the Bishops, and to take their Lands and Revenues, which they account to be the flesh and bones of the whore of Babylon, which they must devour, and make the old whore, naked, bare, and desolate.

The excellently learned Grotius, who did perfectly un∣derstand, and discover the practices of the Presbyterians, as appears in many places of his works, hath one remark∣able passage in his treatise de Anti-Christo, pag. 65. which shall here follow.

—Iam vero fi illi qui dicuntur Dii intelligendi sunt Reges, liber flagitiosissimus Boneherii, de abdicatione Hen. 3. Gallia∣rum

Regis, non argumentis tantum, sed & verbis desumptus est, non ex Mariana, aut Santarillo, se ex Iunio Bruto (quis is sit, sat scio, sed quia latere voluit, lateat) & ex viris doctis quidem, at factionis ejusdem. Dictis facta congru∣unt, & haec est illa mica salis, de qua infra aget Borborita, quae facta est in mare salsum, faetens apud Reges, & omnia circumsata corrumpens.

Circumferamus oculos per omnem historiam (quod unquam saeculum tot vidit subditorum in principes bella sub Religionis ti∣tulo? & horum Concitores ubique reperiuntur ministri E∣vangelii, ut quidem se vocant: quod genus hominum in quae pericula, etiam nuper optimos Civitatis Amstelodamensis Magistratus conjecerit, nihil hic narrari opus est, sapientibus dictum sat est. Laudanda omnino est Regis Christianissimi pru∣dentia & virtus, qui suos paris sententiae subditos tam solennia insanire vetuit.

Videat si cui libet, de Presbyteriornm in Reges audacia, li∣brum Iacobi Britanniarum Regis, cui nomen, Donum Regi∣um: videbit eum, ut erat magni judicii, ea praedixisse, quae nunc cum dolore & horrore conspicimus.

Peter Moulin, who was well versed in the Controver∣sies of the times, and suffered much in the late wars and Combustions of France, when the Protestants did call and hold Parliaments there without the Kings consent, as at Loudun and Rochel 1627. and did garrison the City very strongly against the King: Moulin doth take occa∣sion to speak thereof in his Anatome Missae. pag. 246. Where he reckoneth up the wars of Bohemia, and what was done against Hierom of Prague, and Iohn Husse, and the fortu∣nate battels fought by Zisca; in the end he concludeth, and inferreth this: Haec non ideo à nobis allata sunt, quod probemus actiones Ziscae aut tumultus populorum, qui ut persecu∣tiones & martyrium effugiant, arma sumunt adversus dominos suos; etenim veritas Evangelica non his stabilitur rationibus & modis, Christus ad crucem p••st se ferendam nos voeat: San∣guis martyrum plus habet efficaciae & virtutis ad amplian∣dam Ecclesiam, quam bellorum ••ertam••••a.

Thus it appears that 〈◊〉〈◊〉 doth not justify the taking up of arms against Princes to reform Religion: He was sensi∣ble

of the Errors and losses of the Presbyterians in France, in the wars they undertook against their King Lewis. 13. Who in the end suppressed them, took their strong towns, and reduced them to obedience, though he granted them the exercise of their Religion: and how much they lost by the wars, Moulin, then liying in France, and seeing both the beginning and end of the war, could not be ignorant.

But the principal reason why the Presbyterians do main∣tain these desperate opinions of taking up arms, is, that they may pull down the Bishops, and seise upon their re∣venues and lands, as they have done notoriously of late, both in Bohemia, Germany and France (and now with u••;) but they were inforced to regorge, and restore them, as appears fully in the late Histories, which might have fore∣warned our Puritans—Si mens non laeva fuisset. The Emperor hath restored not onely in his patrimonial Coun∣tries, all the Lands and Estates of the Bishops and Clergy, which the puritans there had seised on of late years, but those also which were taken away an 100 years ago, as in the Duke of Wittenbergs Country, whereof there are two volumes published at Tubing in Germany, 1639.

The Learned French Divine, Chamier, Tom. 2. lib. 15. c. 8. at large disputeth the question. An tolerari debeat a Christianis Rex infidelis aut haereticus?

Pontificii dicunt; non licet Christianis tolerare Regem infide∣lem aut haereticum, si conetur pertrahere subditos ad suam haeresin, vel infidelitatem,—&c.—

Haec vero fax est seditionum, scaturigo parricidiorum, lerna malorum, quibus hisce multis annis Anglia tentata est, sed tentata tantum; Deo protegente, regiaque capita praesenti∣bus periculis eripieute. At nostrae Galliae Theatrum jam ter misere cruentatum duorum proxime Regum sanguine: sic enim ratiocinati sunt parricidae, aut qui parricidis sicas tradiderunt. Non esse tolerandum Christianis regem incommodum Ecclesiae, itaque deponendum. Quid si non possit judicio solenni, tamen ipso facto, qui dignum se exhibuerit depositione, censerl depositum: ac proinde non amplius Regem, sed Tyrannum; ideoque jure oc∣cidi, id est tolli, quacunque possit ratione. Quos furores si nul∣la alia revinceret ratio, certe tam immania sceler aabunde debent

hominum animos abominatione replesse: Viderint homines; Deut certe non dormit.

If Chamier had lived to see the murther of King Charles, he would have said more then he did Hisce multis Annis, Anglia tentata est; sed tentata tantum. God did preserve Q. Elizabeth oftentimes, and King Iames from the Gunpowder Treason: Upon both which occasions much hath been writ∣ten by learned, wise and excellent men both at home and a∣broad. Against that wicked doctrine of raising arms against Kings to reform Religion. Whereof not only the Papists are guilty, but the Puritans. As Bancroft proveth fully against Knoxe and Buchanan, Goodman, Gilly, Cartwright and many others—lib. 2. c. 1, 2, 3 4, of his dangerous positions.

The Puritans in England could be content to second King Iames writing against the Pope and Papists for deposing and murthering of Kings: But for their own parts, they account Parliaments to be superiour to all Kings, and there∣fore maintain that Doctrine of Calvin, that the tres ordines Regni,* 1.49 the three estates of Parliaments may correct and punish Kings: Which Doctrine David Pareus defended: But his books were burned for it at London and both Uni∣versities. But of late, not only the three estates of the Kingdome, but the third estate, the Commons, the re∣presentative of the peopledome may correct and punish Kings: For they have styled themselves The Supream autho∣rity of the Nation, without the House of Lords, whom they voted to be uselesse and cast them out, and make Sta∣tutes, (which they call Acts of Parliament) without the House of Lords, or the Royal assent. Contrary to all the statutes recorded in the Book of Statutes.

Bancroft in the very end of his Book of dangerous posi∣tions, doth plainly foretell, that the Puritans would ne∣ver give over their Clamour for Reformation, till they had utterly ruined the whole Kingdome and Church, as now it appears manifestly they have effected their desires in great part. But saith Bancroft, there are divers-men that will needs hood-wink themselves and stop their Ears, with the Serpent in the Psalm, of purpose, because they would gladly have these things smothered up: He meaneth men in

great place, that were willing to think, that the Puritans were no such dangerous men, as he and others did take them to be, only scrupulous and peevish perhaps about Ceremonies, and therefore were willing to forbear them, and not to censure them sharply: But Bancroft doth wisely tell them, that if any such mischeifs (which God forbid) shall happen hereafter, they were sufficiently warned, that both should and might (in good time) have prevented them, and withall it would then be found true, which Li∣vy saith,—Urgentibus Republicam fatis Dei & hominum falutares admonitiones spernuntur.* 1.50

When the Lord for the sins of the people, is purposed to punish any Country, he blindeth the eyes of the wise, so as they shall either neglect or not perceive those ordina∣ry means for the safety thereof, which very simple men, (or babes in a manner) did easily foresee. Which Judge∣ment I pray God turn far away and long from this and all other true Christian Lands and Kingdoms.

The principal end and project of the Presbyterians was, not only to reform some things amisse, but to pluck up both root and branch of Episcopacy, and all Ecclesiastical laws and Courts, though never so ancient and Fundamental, setled by Magna Charta, and many other Fundamental sta∣tutes; as Circumspecte agatis, 13. Edw, 1. Articuli Cleri. 9. Ed. 2. as Lord Coke doth expound them at large 2. Institut. and for payment of Tythes and all Duties belonging to the Church, there is both Common Law and Statute Law, as Lord Coke sheweth fully, 2. Instit. pag. 693. upon the Sta∣tute of 18. Edw. 3. and 2, Edw. 6. and if the Presbyterians would not loose and foregoe Tythes, they must maintain and uphold those statutes: for better Laws for the true pay∣ment of Tythes and all Duties cannot be made.

But the Presbyterians account all humane laws but trash of humane Iuvention; They will reform all according to the word of God in all points. Their position is, We must do nothing, not so much as take up a rush or a straw, without warrant from the Word of God. As Cartwright affirmed, and Hooker confuteth him accurately, lib. 2. & lib. 3. 8. 2. 3. &c. He sheweth that in Scripture there is not a particu∣lar

form of Church Government contained. So the learned Francis Mason in his Sermon upon 1. Cor. 14. 40. Also the Learned Dr. Sanderson, in the Preface to his 14. Sermons, and in his 4. Sermon ad Clerum, upon Rom 14. besides ma∣ny others. But though Hooker hath written with singular Wisdome, Learning, Godlinesse, and Moderation, yet the Puritans will not read him, as Dr. Sanderson complain∣eth of them.

But what Bancroft did foresee, and foretel so fully, is now come to pass in our times, to the great ruin and desolation of the Church: King Iames in the conference at Hampton Court, did something to pacifie the Puritans: But in the conclusion he passed them over only with admonitions to be quiet, and accepted their promise to be obedient for the time to come, not to oppose the Bishops nor the Ecclesiasti∣cal Laws, but to behave themselves as dutiful Subjects. And the King with the Lords of his Council, appointed Bancroft to write unto all the Bishops to deal moderately wi••h the Puritans, which Letter is extant in print, as full of moderation, and gentle cautions, as possibly could be expected. But that mild proceeding of Bancroft and the Bishops, and forbearing to bring them to obedience and submission by Ecclesiastical censures and other courses, which might have been taken, to put a final end to their wrangling humours, gave the Puritans hope to find the like favour always, in succeeding times, as they did under Arch-bishop Abbot, which Levity and forbearance, occasio∣ned the present troubles of these times, in great part.

But the Puritans are an implacable generation, who did only forbear till they had a further opportunity to promote their designs. Which now they have in great part effected and verified the praediction of Bancroft and Hooker. Who did foresee plainly their restless disposition, and endlesse contentions, not caring to set fire on the whole Kingdome, as they have done these last 40. years, in Germany, Bohemia, and France, upon the same grounds and principles as our Puritans have done among us.

Being indeed secretly displeased, because the Puritans were not preferred to the best offices and dignities in

Church, and Common-wealth, which now they have in∣vaded by open force and violence, in most outragious man∣ner; especially the Puritan Ministers without any regard to the Laws of God or man, thrusting themselves into the best preferments, by way of Sequestration; and then get∣ting Acts and Orders to be continued in for their lives, without any respect to the Title of the lawful patrons, whose rights they set aside and suspend as well as the Incumbents, most unjustly. Whereas they are neither by desert for Learning nor education in the Universities, capable of the best preferments, they being only such as have been only poor Lecturers, poor Vicars, poor Schoolmasters, and poor new lights, such as are not qualified as the Statute requires, to enjoy the best Livings of Value. 13. Elizab. cap. 12.

CHAP. X.

The Division of the Courts in the Empire, and the man∣ner of proceeding in them by the Bishops and Ecclesi∣astical Lawyers under them.

NOw because what I have formerly said touching the uniting of the Ecclesiastical and Iemporal Courts, may seem strange to many, I desire not to be mistaken, as if I perswaded any innovation or change of setled Laws and Courts of Justice. Which would be a thing of dangerous consequence, that no wise man would advise, but leave all to the wisdome of Superiours, to whom it properly belon∣geth. Only I will add a few lines touching the ancient form and manner of Government in the Empire, after that the Emperors became Christians, from whom it is likely, the example was taken both among us, and in other Kingdomes.

Touching the division of the Courts Temporal from the

Spiritual, though William the Conquerour began the Sepa∣ration with us in England, yet there was the like done long before, even by Constantine the great, and first Christian Em∣peror, who first gave leave to the Christian Bishops, to meet in Councels, and to make Canons to govern the Church. Ca∣nones ut generalium Conciliorum (ut Isidorus ait l. 6. Elym. c. 16.) a temporibus Constantini coeperant, in praecedentibus nam{que} annis, persecutione fervente, docendarum plebium minime dabatur fa∣cultas: Inde Christianitas in diversas haereses scissa est, quia non erat licentia Eiscopis in unam conveniendi, nisi tempore supra∣dicto Imperatoris.* 1.51 Although ever since the Apostles held their first Council in Ierusalem, Act. 15. where they made certain Canons, for the pacification of the Church of An∣tioch; there were also some provincial Councels held by the Bishops, as the violence of persecutions would permit and suffer them to assemble, and the necessity of the times did require, as may be seen in the first Tome of the Coun∣cels, before the great Nicene Councel was assembled by Constantine: who being the first Christian Emperor, did greatly labour to settle and advance the dignity of Episco∣pal government: And because he knew well, that superio∣rity in the Church without power and jurisdiction was to little purpose, Therefore the good Emperor in his Chri∣stian Zeal Enacted.

Etsi Praecipuum Pontificis sen Episcopi munus est, doctrina verbi populum moderari, tamen quia non omnes dicto audientes sunt, nec ejusmodi persuasione ad disciplinam perduci, vel in efficio retineri possunt; & superioritas, in qua sunt Ecclesiastici ats••abdue; imperio & jurisdictione, non satis habet nervorum & au∣thoritatis; deni{que} quoniam Ecclesia mater & ••ultrix est Iustitiae, Ideo Ep••scopis peculiaris quaedam jurisdictio Ecclesiastica, Civili dignior, in personas & causas legibus Imper▪ est attributa, &c. Ut jus dicant Clericis.—&c.

And lest the Emperor in his Constitution, in these words, Ut jus dicant Clericis—should seem to keep short and restrain the Bishops in their Audience, or Con∣sistories, to Clergy men onely, there follows a praeterea, in the same title in the Code, De Episcop. audient. Not long after this, praeterea (saith the Emperor there) ju•• dicant laicis▪

And as before the age of Constantine, for want of power in the Church, and the assistance of a Christian magistrate, the Bishops could not restrain, nor suppresse the many hae∣resies and schismes, that did arise in those first ages, most of which heresies were such, as were fit to be beaten down by authority, rather then by reason and argument; they being so impious, insolent and blasphemous; so after his time, when he had setled the Bishops authority, yet there being two Courts, where did arise many differences and debates between the Bishops and the secular Judges of that time, touching cognisance of some Causes; Iustinian the Emperor made a l••w, like unto that, Circumspecte a∣gatis of our King Ed. 1. agreeing with it in substance of matter, and arising from the same ground, and pointing to the same end.

The Novel is thus—Si delictum sit Ecclesiasticum,* 1.52 e∣gens castigatione vel mulcta Ecclesiastica, Deo amabiles Episco∣pi hoc discernant, nihil commnnicantibus clarissimis provinciae Iudicibus: Neque enim volumus talia negotia scire omnino Ci∣viles Iudices, cum oporteat talia Ecclesiastice examinari, & emendari secundum sacras & divinas regulas; quas etiam sequi nostrae non dedignantur leges.

And further for the greatness of the Bishops authority, it will appear fully, if we look upon the Lawes, as they lye concatena••ae in the same title; where it is said of the Bishops.—Cum sint ordinarii Iudices.—And again: Similes praefectis praetorio, and further, Ordinarie quo{que} proce∣dant. The linked Texts in that title of the Code as they stand cited, do fully shew the greatness of the Bishops Co•••••••• and authority, when they are compared and said to be, Similes praefectis praetorio, who were Illustres Iudices, and so stiled in the law: they being indeed the most supreme Judges in the whole Empire, there being but three in that spacious Empire. One in Asia; Praefectus praetorio Orien∣tis: Another in Europe; Praefectus praetorio Illyrici: The third in Africa; Praefectus praetorio legionibus & militiae Africanae.

The Civil Magistrates were respectively Judges of the Causes, which the Emperour had translated from the Em∣pire to the Church, which when the Emperour had done,

and made the Bishops the Judges in the Church, as the prae∣fecti praetorio were in the Empire before, it appears hereby fully, how great the authority of the Bishops and their Con∣sistories were, wherein they were assisted by their vicar-ge∣nerals whom we now call Chancellors (as a learned Civilian observes) who are no upstarts in the world, rising out of the Bishops Sloath; (as one though otherwise Learned and E∣loquent mis-called them) but had their original from the law it self.

Touching whom I will here say something out of the learned Civilians,* 1.53 because commonly their place and ori∣ginal is much mistaken by the ignorantly zealous people, who do now abound in the world, and think nothing law∣ful in government, unless their be express text of Scri∣ture for it; as if no calling, government, or subordi∣nation of officers in the Church were lawful, but what is expressely and fully set down in the Scriptures, and no power and authority left in the hands of Christian Kings and Magistrates, to appoint Judges and Officers for Church-discipline, as well as for Civil Judicature.

Therefore to return, as the praefecti praetorio, quia illu∣stres erant, & antestabant caeteris dignitatibus, ideo habebant vicarios suos; in Civilibus causis audiendis & terminandis. So were the Bishops then, and so are they now: Illustres judices & antestabant & antestant caeteris dignitatibus in Ec∣clesia. For the law parallels them in the Church with the Chief Judges in the Empire, as well in this, as in the rests of the Parts of their Honour, wherewith the Emperour had honoured them and the Laws honour them at this day. Iustinians Code hath sundry lawes, some of his own, some of the Emperours before him, even from the dayes of Constantine the great: which shew that Bishops in their Episcopal audience, sate not without their Chancellors; although their Chancellors sate often without the Bishops▪ whose higher charge in Christs Church permitted not the Bishops presence in Court-Causes ordi∣narily. And though not under the name and title of Chancellors, nor alwayes vicar generals, officials, or Commissaries, yet they had other titles, but the same

offices. Ecclesiastic•• or Episcoporum Ecdici, as much as to say, as Church Lawyers, or Bishops Lawyers, professed Civilians and Canonists of that age, the very self same officers and office, that the Bishops vicar-generals then were, and now are, who together with the Bishops then made and do now make, but one and the same Tribunal and Consistory: their Commissions they held from the Bishops, but their Jurisdiction from the Law. And the Cause why the Imperial power furnished the Bishops with these offi∣cers was the multitude and variety of Ecclesiastical Cau∣ses, more in that age then now, the decision whereof in their Consistories being left to the Bishops, the Emperor doubted might have drawn them from prayers and divine exercises. And a second reason was, that the cause of the cognisance of their Courts, were more likely to have there∣by a more speedy, ready, and Judicious trial, before Judges of the same learning, which require a whole man, then before Judges of another, then an higher, requiring (as the Bishops pastoral office doth) a whole man too. And a third reason also may be added, because the Clerks suites and quarrels, should not be divulged, and spread abroad amongst the secular sort, which trenched many times up∣on the whole profession, especially in capital matters, wherein Princes anciently so much tendered the Clergy, that if a Clerk had committed an offence worthy of death or open shame, whereby he became perpetually infamous, he was not first executed or put to open shame, before he was degraded by the Bishop and his Clergy, and so was executed and put to ••hame, not as a Clerk, but as a lay ma∣lefactor, for the Honour and Dignity of Priesthood. It were to be wished this Order were retained still, that Clerks should not passe immediately, when they fall into such excesses, from the Altar to the Halter: but hang or suffer other shame without their Priesthood; which Order if it were retained still, or might be restored, would much honour the Church, and no whit derogate from the juris∣diction of the Crown.

Notes

• * 1.1

  1. Chr. 16. 14.
• * 1.2

  1. Chr. 27. 5.
• * 1.3

  1. Chr. 11. 22.
• * 1.4

  Pag. 659.
• * 1.5

  〈…〉〈…〉
• * 1.6

  Lambard pag. 1.
• * 1.7

  Council. p. 186.
• * 1.8

  Lambard pag. 57.
• * 1.9

  Council p. 402.
• * 1.10

  Council. p. 423.
• * 1.11

  Concil. p. 486.
• * 1.12

  4. Instit.
• * 1.13

  Lib. 5. p. 197.
• * 1.14

  Concil. Britanni∣ca.
• * 1.15

  Concil. p. 127.
• * 1.16

  Bede ••. 2. c. 5.
• * 1.17

  Concil. p. 206.
• * 1.18

  H. Edw. Confessor. c. 3. Deca∣nus Epis∣copi reli∣quas de∣cem partes habeat.
• * 1.19

  K. Athel∣stani. pag. 406.
• * 1.20

  Epist. ad Regem. Tum in vi∣ta tum in favore Concil. Thansam. pag. 525.
• * 1.21

  K. Edw. Confes. c. 3.
• * 1.22

  K. Gulielm. in proaem.
• * 1.23

  37. H. 8. cap. 16.
• * 1.24

  pag. 42.
• * 1.25

  pag. 43.
• * 1.26

  pag. 44.
• * 1.27

  Concil.
• * 1.28

  in Sussex p. 309.
• * 1.29

  pag. 40.
• * 1.30

  pag. 45.
• * 1.31

  〈…〉〈…〉
• * 1.32

  Cap. 11.
• * 1.33

  Hist. H. 7.
• * 1.34

  Centur▪ Magdeb. 4. p. 371.
• * 1.35

  Haeres. 75.
• * 1.36

  De Rom. Pontifice. l. 1. cap. 5.
• * 1.37

  pag. 19.
• * 1.38

  1 Chr. 19.
• * 1.39

  1 Chron. 27. 5.
• * 1.40

  1 Chron. 11. 22.
• * 1.41

  2 Sam. 6.
• * 1.42

  1 Chron. 11. 26.
• * 1.43

  Proem ••ul. 1.
• * 1.44

  Glossar. p. 315. Lambar. p. 80.
• * 1.45

  Concil. p. 568. c. 17.
• * 1.46

  pag. 110.
• * 1.47

  An, 1164.
• * 1.48

  If so then, much more at this day, saith Coke.
• * 1.49

  4. Instit. C. 20. Sect. 31.
• * 1.50

  Lib. 2. Doc. 2.
• * 1.51

  Quae fuit plenaria Concilia∣rum for∣ma.
• * 1.52

  Novel. 83 Cap. 10.
• * 1.53

  Bacon.