The stumbling-block of disobedience and rebellion, cunningly laid by Calvin in the subjects way, discovered, censured, and removed. By P.H.

CHAP. V. What are the three Estates in each severall Kingdome, of which CALVIN speaks, and what particularly in the Realm of ENG∣LAND.

• (I) Of the division of a People into three Estates; and that the Priests or Clergie have been alwaies one.
• (II) The Priests employed in Civill matters and affairs of State, by the Egyptians and the Persians, the Greeks, Gaules, and Ro∣mans.
• (III) The Priests and Levites exercised in af∣affairs of Civill Government by Gods own ap∣pointment.
• (IV) The Prelates versed in Civill matters and fairs of State, in the best and happiest times of Christianity.
• (V) The Clergie make the third Estate in Germany, France, Spain, and the Northern Kingdomes.
• (VI) That anciently in the Saxon times the Ecclesiasticks of this Realm were called to all publick Councels.

• (VII) The Prelates an essential fundamental part of the English Parliament.
• (VIII) Objections answered, and that the word Clerus in the Legal notion, doth not extend unto the Prelates.
• (IX) That the inferior Clergie of the Realm of England had anciently their votes in Par∣liament, to all intents and purposes as the Com∣mons had.
• (X) Objections answered; and that the calling of the Clergie to Parliaments and Convocati∣ons, were after different manners, and by seve∣ral writs.
• (XI) The great disfranchisement and slavery obtruded on the English Clergie, by the Idepri∣ving of the Bishops of their Votes in Parlia∣ment.
• (XII) A brief discussion of the question, whe∣ther any two of the three Estates conspiring or agreeing together, can conclude any thing unto the prejudice of the third.

[ I] BUt first before we fall on the point it self, and search into the power ascribed by Cal∣vin to the three Estates of every Kingdome, we must first see what kinde of men they are, and of what condition, who constitute the said Estates: which being fi••st setled and determined, we shall the better be inabled to proceed accordingly in the inquiry after that authority which our Author

gives them of regulating the proceedings of the soveraign Prince, and putting a restraint on the exorbitant power of Kings. In which we shall presume for granted what our Author gives us, viz. tres Ordines in singulis Regnis, that in each several Kingdome there are three Estates; and those three we shall prove to be (though our Author is no otherwise to be understood) the Clergy, the Nobility, and the Common people: which distribution of the Subject into three Estates as 'tis very ancient, so was the distribution of them into three, neither more nor less, founded on good prudential motives and grounds of Polity. For as judicious Bodin very well observeth, should there be only two Estates, and no more then so, either upon such differences as might rise between them the one side would be apt to compell the other by force of violence; or else, aequatis Ordinum suffragiisa, the ballance being even between them, their meetings would be many times dissolved without producing any notable effect to the bene∣fit of the Common-wealth. In which respect the counterpoise or addition of a third Esta••e was ex∣ceeding necessary, ut alterutri sese adjungens u∣trum{que} conciliet, that joyning unto either of the other two, it might unite them both into one opinion, and advance the service of the publick. And on the other side were there more then three, opinionum multitudo, the difference of opinions, and pretence of interesses, would keep them at perpetual distance, and hinder them from pitching

upon any point, in which all their purposes and aims were to be concentred. So that the casting of the body of a people into three Estates, seems most convenient for the furtherance of the pub∣lick service: and of those three three Estates the Priests (or Clergy, as we call them since the times of CHRIST) have generally been accounted one. For though Hippodamus (whom Aristotle justly taxeth for defectsb in Politic) ordained his three Estates to be the Souldiery, the Handicrafts∣man, and the Husbandman: yet wiser Statists saw no reason that the two last should passe for severall estates or ranks of men, being that both might be more fitly comprehended under the name and rank of the common people. And therefore the Egyptians did divide the people into these three ranks, the Priest, which is respondent to the Christian Clergy; the Souldier, who carrieth most resemblance to the State of Nebles; and those which lived by trades and labours, whom by one generall name they called Operariic, as we now the Commons: which cours•• we finde to be ob∣served also by the ancient Gaules dividing their whole body into these three orders,d the Drui∣des, who had the charge of matters which con∣cerned Religion; the Equites who managed the affairs of war; and then the Plebs, or common peo∣ple, who were subordinate to the other two, and directed by them. How this division hath succee∣ded in the States of Christendom we shall see here∣after.

[ II] (2) In the mean time we may take notice that the Priests of Egypt, the Druides of Gaul, and those who had the ordering of those services which concerned the gods, by whatsoever name or title they were known and called in other Countreys, were not so tied unto the Altars, and other ministerial Offices which concerned the gods, as not to have some special influence in or∣dering the affairs of the Common-wealth. The Priests of Egypt, as we read in Aelian (an Au∣thor of unquestioned credit) possessed the highest seats of judicature, and were the only Judges which that people had: Judices apud Egyptios iidem qu••ndam fuerunt qui & sacerdotes,e as that Author hath it. And so much is assured us by Synesius also a Christian Bishop of the Eastf, where he resembleth them in this particular to the Priests of Judah. The like we finde in Aga∣thias of the Priests of Persia, men better known in ancient Writers by the name of Magi: of whom he telleth us, eorum consilio publica omnia administrari, &c.g that by their counsell and advice the principal affairs of the State were or∣dered, rewards proportioned and conferred upon well-deservers, and several punishments inflicted on the Malefactors, according to the quality of the misdemeanor; and finally that nothing was conceived to be rightly done, quod Magorum sen∣tentia non sit confirmatum, which had not passed the approbation of these Priests or Magi. If we

draw nearer towards the West, and look into the Government of the State of Athens, we shall finde the chief authority thereof to consist in the Se∣nate of 500, and in the famous Court of the Areopagites, as was no••ed in the ••ormer Chap∣ter: in which the Priests, or at the least the pri••cipal of that rank or order had both place and suffrage. For in that honour••ry Edict which they made in favour of Hyrcanus, we may clearly see that Dionysius the son of Asclepiades was one of the Priests, and also one of the Prytanaeih, or Presidents of the Councell, as we call them now; and that in calculating of the voices, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Dorotheus the chief Priest had the greatest stroke, and pronounced the Edict to be passed. And for the Court of Areopagites, it consisted as before we told you of such and such alone as formerly had bore the Office of the nine Annual Magistrates, whereof the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Rex Sacrorum, (whom we may English the chief Bi∣shop) had the second placei. And this appears yet further by a passage in the life of Pericles, where we are told of his design for the abasing of the power of the Areopagites, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉k, of which Court he was not any Member, as the Author tels us, in that he had never borne the Office either of the Provost, or the King, or the Polemarchus, or any of the six chief Justices. So that the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Rex Sacrorum, or chief Bi∣shop being of course to be admitted into the Court or Councel of the Areopagites when his

year was ended, it cannot be, but that there must be many of them in that famous Session; an equall number at the least, with those who had been Polemarchi, or the yearly 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Add here, that we are told by Julius Pollux in his Onomasticonl, that it pertained to this 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Rex Sacrorum, besides the service of the Gods, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to endite those before the Court who were guilty of murther; but then withall, that having put in the enditement, and laid by his Crown, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, he sate upon the Bench with the other Judges and passed sentence on them. Thus was it with the Druides or the Priests of Gallia, who did not only take the charge of all sacred matters which did relate unto the ser∣vice of the gods, but de omnibus fere controver∣siis publicis privatis{que}m, they did determine in almost all suits and controversies, as well publick as private; particularly in matters of inheritance, reall actions, capitall crimes, as murther and the like offences; and also had a power to decree both rewards and punishments as they saw occasion. And for the better dispatch of business both for their own ease and the peoples too, they chose some certain times or Terms in which they met together not far from Chartres (being in the mid∣dle of the Countrey) whither all sorts of people who had suits and differences did repair unto them, eorum{que} judiciis & decretis parebant, and to their Judgements and Decrees did submit themselves. And thus it also was with the P••tifices or Priests

of Rome who had not only a chief place in the holy Mysteries, such as concerned the publick wor∣ship of their gods; but also a great power and sway, in the greatest and most important businesses which concerned the State: which Tully makes one of those Constitutions or Arts of Govern∣ment, which seemed to have been devised by the gods themselves.n Cum multa divinitus a ma∣joribus nostris inventa at{que} instituta sunt, tum ni∣hil praeclarius quam quod Pontifices cosdem & Re∣ligionibus Deorum immortalium & summae reipub. prae••sse voluerunt. And as the principal Priests in Athens had their place and Vote not only in the Court of Areopagites, but in the Senate of five hundred as before was noted: so some of the more eminent sort of Priests had the like pre∣heminence, of sitting and voting in the Roman Senate, which was as high an honour as that State could give them. For besides that Rosinus hath observed that some of the Pries••s were chosen out of the number of the Senatorso, who doubtless did not lose the right of suffrage which before they had; there is a memorable case in Livie touching C. Flaccus: who was no sooner chosen the Flamen Dialis, or P••iest of Jupiter, but pres••nt∣ly he put in his title to a place in Senate, which anciently belonged unto his predecessors in the right of their Office, though of late years it seemed to have been for••eited by discontinuance, The issue of which plea was this, that though Li∣cinius the Pretor did the best he could to crosse

the business, alleadging, Non exoletis vetustate Annalium exemplis stare jusp, that they were not to be guided in the case by worm eaten Precedents, but by the late practise of the Sta••e; yet it was otherwise determined by the Fathers generally, and Flaccus setled in his place in the Roman▪ Senate, Magno assensu Patrum Plebis{que} with the joynt con∣sent of all the people. But what need these par∣ticulars have been brought to confirm this point, when as it affirmed in generals by Synesius, a right godly Bishop of the Primitive times? 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 q, that in old times the same men were both Priests and Judges. Which said, he instanceth in the particulars of the Jews and Egyptians who for long time 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, had been chiefly governed by their Priests.

[ III] (3) This brings me on to the power and pra∣ctise of the Priests in the land of Judah, who from the very first beginning of that State and Nation to the final dissolution of it, were of great au∣thoritie; not only in composing of inferiour dif∣••erences which casually did arise amongst the people, but in the managerie of the chief affairs both of State and Government: and that not gained by connivence of Princes, or by entrench∣ing on the rights of the secular powers, but by the institution and appointment of the Lord him∣self. When Moses first complained that the sole Government of the people was a burden too heavie

for him to bear, it pleased God to appoint a standing Consistory ofr Seventie Elders, men of abilitie and wisdom, who were to have a share in the publick Government, and to decide amongst themselves such weightie businesses, great mat∣ters s, as the Scripture calls them, which were reserved to Moses by a former Ordinance. Of these, the Priests, as men who for the most part were at better leisure then the rest to attend the service, and generally of more abilities to goe through with it, made alwayes a considerable number, and many times the major part. In which respect it was ordained by the Lord, when a matter did arise to be scanned in judgement between bloud and bloud, between plea and plea, and stroke and stroke, being matters of controver∣sie within their gates, the people should arise and goe unto the place which the Lord should choose, and come unto the Priests, the Levites, and unto the Judge that shall be in those days, and enquire and they shall shew them the sentence of judge∣ment t. The like is also ordered in the case of false wit••esses, where it is said, that If a false witness rise up against any man to testifie against him that which is wrong; then both the men between whom the controversie is shall stand before the LORD, before the Priests and Judges which shall be in those dayesu. Which passages are not under∣stood of any particular Priests or Judges, dis∣persed in their several dwellings up and down the Countrey; but of the Priests and other Judges

united and assembled in that famous Consistorie of the 70 Elders, conveened together in that place which the Lord should choose; called by the Jews the Sanhedrim, by the Greeks 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and was the great Councel of estate for the Jewish Na∣tion. To this Josephus doth attest, where he in∣formeth us 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 x, that the Priests of Jewrie had the cogn••zarce of all doubtful matters; more plainly Philo, who knew well the customs of his native Countrey, where he affirms expressly and in termi∣nis; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉y, that the Priests had place and suffrage in this great 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Court of Sanhedrim. And this is that which Casaubon doth also tell us from the most learned and ex∣pert of the Jewish Rabbins, Non nisi nobilissimos ••e sacerdotibus, Levitis, caetero{que} populo, & in lege peritissimos in Sanhedrim eligiz, that is to say, that none but the most eminent of the Priests, the Levites and the rest of the people, and such as were most conversant in the Book of the Law, were to be chosen into the Sanhedrim. But to return again to the Book of God, the power and reputation of this Court and Consistorie having been much diminished in the times of the Kings of Judah, was again revived by Jehosophat. Of whom we read, that he not only did appoint Judges in the la••d throughout all the fenced Cities of IVDAHa: but that he established at HIERVSALEM a stand∣ing Councel, consisting of the Levites and of the Priests, and of the chief of the Fathers of ISRAEL,

for the judgements of the Lord and for controver∣sies b: according to the model formerly laid by God himself in the Book of Deuteronomie. Which Court or Councel thus revived continued in full force, au∣thoritie and power, during the time of the cap∣tivitie of Babylon; as appears plainly by that passage in the prophesie of Ezekiel, where it is said of the Priests even by God himself, in con∣troversie they shall stand in judgementc; com∣pared with another place of the same Prophet, where he makes mention of the Seventie, of the Antients of the house of ISRAELd, and Jaaza∣niah the son of Shaphan standing in the midst, as Prince of the Senate. And after their return from that house of bondage, they were confirmed in this authoritie by the Edict and Decree of Artaxerxes, who gave Commission unto EZRA to set Magistrates and Judgese over the people; not after a new way of his own devising, but after the wisdom of his Gode, declared in the foregoing Ages by his servant Moses. In which estate they stood all the times succeeding, until the final dissolution of that State and Nation: with this addition to the power of the holy Priesthood, that they had not only all that while their place and suffrage in the Court of Sanhe∣drim, as will appear to any one who hath either read Josephus or the four Evangelists; but for a great part of that time, till the reign of Herod, the Supreme Government of the State was in the hands of the Priests. In which regard, be∣sides

what was affirmed from Synesius formerly, it is said by Justin, Morem esse apud Judaeos ut eosdem Reges & sacerdotes haberent, that it was the custom of the Jews for the same men to be Kings and Priestsf: and Tacitus gives this ge∣neral note, Judaeis Sacerdotii honorem firmamen∣tum potentiae esse, that the honour given unto the Priesthood amongst the Jews, did most especially conduce to the establishment of their power and Empireg. And yet I cannot yeeld to Baronius neither, where he affirms (the better to establish a Supremacie in the Popes of Rome) Summum Pont. arbitrio suo moderari magnum illud Concili∣••m, &c.h, that the high Priest was alwayes President of the Councel or Court of Sanhedrim: it being generally declared in the Jewish Writers, that the High Priest could challenge no place at all therein, in regard of his office and descent, but meerly in respect of such personal abilities as made himself to undergo such a weightie burden; for which see Phagius in his notes on the 16. of Deuteronomie.

[ IV] (4) Thus have we seen of what authoritie and power the Priests were formerly as well amongst the Jews as amongst the Gentiles; we must next see whether they have not been employed in the like affairs, under the Gospel of Christ, and that too in the best and happiest times of the Christian Church. In search whereof it is not to be looked for by the ingenuous Reader, that we should aim

fo high as the first 300 years after Christs Na∣tivitie. The Prelates of the Church were suspected then to have their different aims and interesses, from those who had the government of the Civil State, and therefore thought uncapable of trust and im∣ployment in it. But after that, according to that memorable maxime of Optatus, Ecclesia erat in Re∣publicâ i, the Church became a part of the Com∣mon••wealth, and had their ends and aims united; there followed these two things upon it: first that the Supreme Government of the Church depended much upon the will and pleasure of the Supreme Magistrate, insomuch as Socrates observeth, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 k, that the great∣est Councels have been called by their authoritie and appointment; And 2^ly, that the Governours and Rulers of the Church of God, came to have place and power in disposing matters that apper∣tained to the well ordering of the Civil State. And this they did, not out of any busie or pragmati∣cal desire to draw the cognizance of secular causes into their own hands, or to increase their power and reputation with the common people: but meerly for the ease and benefit of those who did repair unto them for their help and counsel, and to comply with the command of the Apostle, who imposed it on them. S. Austin tells us of S. Ambrose with how great difficultie he obtained an opportunitie of conversing with him privately, and at large, as his case required: Secludentibus ••um ab ejus aure at{que} ore catervis negociosorum ho∣minum,

the multitude of those who had busi∣ness to him,l and suits to be determined. by him, debarring him from all advantages of ac∣cess and conference. Which took up so much of his time, that he had little leasure to refresh his body with necessary food, or his minde with the reading of good Authors. And Posidonius tel••s us of S. Austin, causas audisse diligenter & piè, that he diligently and religiously attended such businesses as were brought before him, not only spending all the morning in that trouble∣some exercisem, but sometimes fasting all day long, the better to content the suitor, and dis∣patch the business. The like S. Austin tells us of himself, and his fellow Prelates, first that the Christians of those times pro secularibus causis suis nos non raro quaererentn, did ordi∣narily apply themselves unto them for the de∣terming of secular causes, and cheerfully submit∣ted unto their decisions: next that the Prelates did comply with their earnest solicitations and desires, therein Tu multuosissimas causarum alie∣narum perplexitates patiendoo, by intermitting their own studies to ingage themselves in the determining of such secular causes as were brought before them, for the contentation of the people, and the discharge of their own duty both to God and man. And this is that which both S. Ambrose and S. Augustine tell us in their several writings, viz. that they did undergoe

this trouble for no other reason then out of a conformitie and obedience to the words and intimation of S. Paul, 1 Cor. cap. 6. touching the ending of such suits and differences as did arise amongst the Faithful: S. Austin saying, Constituisse Apostolum talibus causis Ecclesiasticos cognitoresp, and iisdem molestiis eos affixisse Apostolos;q S. Ambrose, that he had undertook the businesses which were brought before him, Secundum sacrae formam praeceptionis qua eum Apostolus induebatr, which did impose such a necessitie upon him, that he was not able to decline it. Both of them doe agree, in this, and Posidonius doth agree with both in the same particulars, that they were not only war∣ranted, but obliged by S. Pauls injunction, to undertake the cognizance of such secular causes as were from time to time committed to their care and trust; and that they had not done their dutie, had they made any scruple of the undertaking. But these being only private mat∣ters, let us next see, whether their service was not used in affairs of State, and we shall finde that Constantine did always take some Bishops with him when he went to war; not only for their ghostly counsel in spiritual matters, but for advise in matters which concerned the oc∣casion t, the prosecution of the war which was then in hand: that Ambrose was twice sent Ambassadour from Valentinian the younger to

the Tyrant Maximus, which he performed to the great contentment of his Prince, and the preservation of the Empireu; whereof he gives us an accompt in an express unto the Empe∣rour: that when Firmus had rebelled in Africk, and saw himself too weak to resist the Forces which were raised against him under Theodosius, Antistites ritus Christiani pacem oraturos misitx, he sent the African Prelates his Ambassadours to treat of peace: that Marutha Bishop of Mesopotamia was in like nature sent to the Court of Persiay, in the time of the Empe∣rour Honorius. I. as after that Epiphanius Bi∣shop of Ticinum (which we now call Pavie) employed from the Ligurians to Athalaricus King of the Gothes in Italy, from him unto the Court of Burgundie, as Cassiodorus and Ennodius doe describe at large: that James the godly Bishop of Nisibis, (a frontier Town against the Persians) was also 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, both Governour of the place, and Captain of the Souldiers which were there in Garrisonz; and did most manfully defend it, against all the force and fury of the Persian Armies, An. 338. or thereabouts: and finally (which was an argument of great power and trust) that the Bishops in Justinians time were by him ap∣pointed to oversee the Civil Magistrates, and to give notice to the Emperour if they failed in any thing which did concern the Government

o•• the Estate in their several places; of which the very Edicts are still extant in the Book of Novelsa.

[ V] (5) The Prelates being grown into this esteem for their integritie and wisdom, with the Roman Emperours; it is no wonder if they were imployed in the greatest Offices of trust and counsel, after the Empire was dismembred and shared betwixt such several Princes as grew up in the place of those mighty Monarchs: And this they did on so good motives, and with such success, that in short time the Prelates were not only used for advice and counsel, but the inferiour Clergie also were called unto imploy∣ments of the highest nature, and in conclusion with the Prelates made up the third Estate in most Christian Kingdomes. For being that the study of Divinitie is diffused and large, and that the knowledge of Philosophie and the Arts and Histories, is but attendant on the same and subservient to it; there was no question made at all in the times we speak of, but that a Church-man so accomplished might be as useful in the service of the Common-wealth, as those who wanted many opportunities to be so versed in Books the best guides to business: espe∣cially when to those helps in point of learning, were joyned a suddenness of apprehension, a perspicacity of judgement, and which swayed

most of all integritie of life and conversati∣on. These when they met together (as they often did) in men admitted by the Church unto holy Orders, it was not either thought or found (and indeed how could it?) that their admittance into Orders did take off from any of those natural or acquired indowments of which before they were possessed, or that it was a disabling to them to make use thereof, in any matter of debate or action which concerned the publick. And that it hath been so of old in all Christian Kingdomes, besides that it is intimated by our Author here, we shall clear∣ly see by looking over such particulars as have most influence and power in the affairs of Chri∣stendom.

And first beginning (as of right) with the German Empire, Thuanus gives this note in generalb, Imperium in tria omnino membra dividi, that that Empire is divided into three Estates, over all which the Emperour is the head or the Supreme Prince. Of these the fi••st Estate is ex sacro Ordine, of the holy Hierarchie, composed of the three spiritual Electors, together with the residue of the Archbishops and Bishops, and many Abbots, Priors, and other Prelates. The second is of the Nobilitie consisting of the three temporal Electors, the Dukes, Marquesses, Lantgraves, Burgraves, Earls and Barons, of which there

is no determinate number; the Emperour having power to adde dayly to them, as he sees occasion. T••e third Estate is of the free or Imperial Cities, in number 60. or thereabouts, who represent themselves at the General Diets, by such Commissioners or De∣puties as are authorized to that purpose. Now for these Diets, (for by that name they call their Conventus Ordinum, or Assembly of the three Estates) they are summoned at the will and pleasure of the Emperour only, and at such place and time as to him seems meet∣est c. Where being met, (as all the three E∣states must meet either in person or by their Ambassadours) they use to treat of Peace, and War, of raising Subsidies and Taxes to sup∣port the State, of leagues and con••ederacies, of raising and decrying moneys, of making, abrogating, and expounding laws, and of such other points and matters as do pertain unto the honour of the Empire and the pub∣lick sas••ti••. Nor is this any new authoritie which the Ecclesiastical Estate hath gained in the latter times; but such wherein they were intrusted ••rom the first beginning of that Empire: It being affi••med by Aventi∣nus (a Writer of unquestioned credit) that long before the institution of the seven Ele∣ctors, (which was in An. 996.) the Prelates, the Nobilitie, and the chief of the people

had the election of the Emperourd. And if the Prelates were intrusted in so high a point, as the election of the Emperour or the Soveraign Prince; no question but they were imployed also in his publick Councels, in matters which concerned the managerie of the Common-wealth.

Next pass we over into France, and there we finde the Subjects marshalled into three Estates, whereof the Clergie is the first. Rex coactis tribus Ordinibus, Sacerdotio, Nobili∣tate, Plebe, subsidia rei pecuniariae petiite, that is to say, the King assembling or con∣veening the three Estates, viz. the Clergie, the Nobilitie, and the Commons, demanded sub∣sidies for the support of his Estate; So Paulus Aemilius doth inform us: Out of these three are chosen certain Delegates or Commissioners, some for each Estate, as of∣ten as the Kings occasions doe require their meeting, the time and place whereof is ab∣solutely left unto his disposing; and these thus met doe make up the Conventus Ordi∣num, or L' Assemblie des Estats, as the French men call it, in form much like the English Parliament, but in nothing else: the power and reputation of it being much diminished in these latter times, especially since the great improvement of the Court of Parlia∣ment, fixed and of long time fixed in Paris.

Which Court of Parliament, as it was in∣stituted at the first by Charles Martell, Mayre of the Pa••ace to the Merov••gnian line of France and Grandfather to Charle magne; so it consisted at the first of the same in∣gredients, of which the great Assembly des. Estats consisteth now, that is to say, the Prelates, and the Peers, and certain of the principal Gentrie which they call La nobless, together with some few of the most consi∣d••rable Officers of the Kings housholdf. A Court of such esteem in the former times, that the Kings of Sicilie, Cyprus, Boho∣mia, Portugal, Scotland, and Navarre, have thought it no disparagement unto them to be members of it: and which is more, when Frederick the second had spent much time and treasure in his quarrels with Pope Innocent the fourth, he was content to sub∣mit the whole cause in difference unto the judgement of this Court. But being at last become sedentaire and fixed at Paris, as other ordinary Courts of Justice were, (which was in An. 1286. or thereabouts) the No∣bles first, and after them the Bishops with∣drew themselves from the troubles of it, and left it to the ordering of the Civil Law∣yers: though still the Peeres doe challenge and enjoy a place therein as oft as any point of moment is in agitation; the Bishop of

Paris, and the Abbor of St. Denys, conti∣nuing constant members of it to this very day. But for the Assemblie des Estats, or Conventus Ordinum, made up of the Clergie, the Nobilitie and the Commons, as before I told I you: he that would see the manner of it, the points there handled, and that re∣mainder of authority which is left unto them, let him repair unto Thuanneg, and look upon the great Assembly held at Bloys, An. 1573. He shall finde it there.

Pass we next over the Pyrenees, to the Pealms of Spain, and we shall finde in each the same three Estates, whose meeting they call there by the nameh of Curia, the Court, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or by way of ominencie; consisting of the Clergie, the Nobilitie, and the Commissioners of the Provinces and most antient Cities. But we must tell you by the way, that long before the institution of these Courts, and long before the division of Spain into so many Kingdomes; the Prelates of that Church were of such authority, that a chief stroke in the election of their Kings did be∣long to them. For in the eighth Council of Toledo summoned by Recesvinthus the 25. of the Gothish race of the Kings of Spain, An. 653. so long agoe, in which were present 52 Bishops, 12 Abbots, and the Delegates or Vicars of ten other Bishops, who could

not personally attend the service; it was or∣dered with the Kings consent, that from thence∣forth the Kings of Spain should be elected in the Regal City, or in what other place soever the King should happen to decease, by the joynt suffrages of the Prelates, and the great Lords of the Court, Majores Palatii as the Canon calls themi. But take the whole Canon with you for the more assurance, and you finde it thus. Abninc ergo & de∣inceps ita erunt in Regni gloria praeficiendi Rectores, ut aut in urbe Regia, aut in loco ubi Princeps decesserit, cum Pontificum Ma∣jorum{que} Palatii omnimodo eligantur assensu. But after Spain became divided into seve∣ral Kingdomes, and that each Kingdome had its Court, or Curia, as they call their Parliament, the Clergie were esteemed in each for the third Estate (the first indeed of all the three) and either in person or by their Proxies, made up the most con∣siderable part in those publick meetings. For proof of which we need but look in∣to the General history of Spain, translated out of French by Grimston, and we shall finde a Court or Parliament for the Realm of Aragon, consisting of the Bishops, Nobles, and Deputies of Towns and Commonalties, having place in the said Estates conveened by King James

at Saragossa Anno 1325. for setling the Suc∣cession, and declaring the Heirk, another at Monson, where the Estates of Aragon and Catalogne did conveen together 1236, to consult about the conquest of Valential; and before that another Assemblie of the Bishops and Noblemen called at Saragossa by Alfon∣so the Great, touching the War against the Mooresm. And as for the Realm of Naples, and Sicily, being appends on this Crown, there is little question to be made but that the Bishops and Clergie of both enjoyed the place and priviledges of the third Estate; both Kingdomes being antient∣ly holden of the Pope, and of his Erection and the Italian Bishops (as lying directly under his nose) more amply priviledged for the most part then in other Countries. Thus for Castile, we finde a Parliament of Lords, Prelates, and Deputies of Towns summoned at Toledo by Alfonso the Noble, An. 1210. upon occasion of an invasion made by the Moores;n another before that at Bur∣gos, under the same King, Anno 1179. for levying of money on the people to main∣tain the Wars n; that great Convention of the States held at Toledo by Ferdinand the Catholick 1479. for swearing to the succes∣sion of his Son, Don John, in which the

Prelates, the Nobility, and almost all the Towns and Cities, which sent Commission∣ers to the Assembly, are expressly namedo. Thus finally doe we finde a meeting of the Deputies of the three Estates of Navarre at the Town of Tasalla, Anno 1481. for pre∣serving the Kingdome in obedience to King Francis Phoebus, being then a minor, under agep: and that the Deputies of the Cler∣gie, Nobilitie, Provinces and good Towns of Portugal, assembled at Tomara, An. 1581. to acknowledge Philip the second for their King, and to settle the Government of that Kingdome for the times to comeq.

Now let us take a view of the Nor∣thern Kingdomes, and still we finde the peo∣ple ranked in the self same manner, and their great Councels to consist of the Cler∣gie, the N••bilitie, and certain Deputies, sent from the Provinces and Cities, as in those before. In Hungar••e, before that Realm received the Gospel, we read of none but Nobiles & Plebeiir, the Nobilitie and common people who did concur to the ele∣ction of their Kings; but no sooner was the Faith of Christ admitted, and a Clergie instituted, but instantly we finde a third Estate, Epis••opos & Sacerdotum Collegias, Bishops and others of the Clergie super-added

to them, for the election of the Kings, and the dispatch of other businesses which concer∣ned the publickt, as it continueth to this day. In Danemark we shall finde the same, if we mark it well. For though Pontanus seem to count upon five Estates, making the Regall Family to be the first, and sub∣dividing the Commons into two, whereof the. Yeomanry makes one, and the Trades∣man or Citizen the otheru: yet in the bo∣dy of the History we finde only three, which are the Bishops, the Nobility, and Civita∣tum delegatix, the Deputies or Commissi∣oners of Towns and Cities: Take which of these Accompts you will, and reckon either upon Five or on three Estates, yet still the Ecclesiastick State, or Ordo Ecclesiasticus, as himself entituleth it, is declared for one; and hath been so declared, as their stories tell us, ever since the first admittance of the Faith amongst them: the Bishops, together with the Peers and Deputies, making up the Comitia or Conventus Ordinum. In Poland the chief sway and power of government, next to the King, is in the Councell of E∣state. Secundum Regem maxima & Augustuis∣sima Senatus autoritas, as Thuanus hath ity. And that consisteth of nine Bishops, where∣of the Archbishops of Guisna and Leopolis

make alwaies two; of fifteen Palatines, for by that name they call the greater sort of the Nobility, and of sixty five Chastellans, which are the better sort of the Polish Gen∣try; who with the nine great Officers of the Kingdome, (of which the Clergy are as capable as any other sort or degree of subjects) doe complete that Councell. The Common people there are in no authori∣ty, (a procuratione Reipub. omnino summota) not having any Vote or suffrage in the great Comitiaa, or generall Assemblies of the Kingdome, as in other places. For Swe∣den, it comes neer the government and formes of Danemark, and hath the same estates and degrees of people as amongst the Danes, that is to say, Proceres & No∣biles, the greater and the lesse Nobility, Episcopi & Ecclesiastici, the Bishops and inferiour Clergy, Civitates & universita∣tes, the Cities and Towns Corporate (for so I think he means by vniversitates) as Thuanusb mustereth them. And in this Realm the Bishops and Clergy en∣joy the place and priviledges of the third Estate (notwithstanding the alteration of Religion) to this very day; the Bishops in their own persons, and a certain num∣ber of the Clergy out of every Sochen (a

division like our Rurall Deanries) in the name of the rest, having a necessary Vote in all their Parliaments. And as for Scot∣land, their Parliament consisted anciently of three Estates, as learned Camden doth in∣forme us, that is to say, the Lords spiritu∣all, as Bishops, Abbots, Priors; the Tem∣porall Lords, as Dukes, Marquesses, Earles, Vicounts, Barons; and the Commissioners of the Cities and Burroughsc; To which were added by King James two Delegates or Commissioners out of every County to make it more conforme to the English Par∣liaments. And in some Acts the Prelates are by name declared to be the third Estate, as in the Parliament, Anno 1597. Anno 1606, &c. for which I do referre you to the Book at large.

[ VI] (6) And now at last we are come to Eng∣land, where we shall find that from the first reception of the Christian Faith amongst the Saxons, the Ecclesiasticks have been called to all Publick Councels, and their advice requi∣red in the weightiest matters touching the safety of the Kingdome. No sooner had King Ethelbert received the Gospell, but pre∣sently we read that as well the Clergy as the Laity were called unto the Common Coun∣cell: which the Saxons sometimes called My∣cell Synoth, the Great Assembly, and some∣times Wittenagemotsd, the Councell or As∣sembly of the Wise men of the Realm. An∣no 605. Ethelbertus Rex in fide roboratus Catholica &c. Cantuariae convocavit commu∣ne concilium ••am Cleri quam populi, &c.e

"King Ethelbert, as my Author hath it, being confirmed in the Faith in the year 605. (which was but nine years after his conver∣sion) together with Bertha his Queen, their Son Eadbald, the most Reverend Archbi∣shop Augustine, and all the rest of the No∣bility, did solemnize the Feast of Christs Nativity in the City of Canterbury; and did there cause to be assembled on the ninth of January the Common-Councell of his King∣dome, aswell the Clergy as the Lay Subject, by whose consent and approbation, he cau∣sed

the Monastery by him built, to be de∣dicated to the honour of Almighty God, by the hand of Augustine."

And though no question other examples of this kinde may be found amongst the Saxon Heptarchs, yet being the West Saxon Kingdome did in fine prevail, and united all the rest into one Monarchy: we shall apply our selves unto that more pun∣ctually. Where we shall finde besides two Charters issued out by Athelstan, Consilio Wlfel∣mi Archiepiscopi mei & aliorum Episcoporum meorumf, by the advice of Wlfelm his Arch∣bishop and his other Bishops: that Ina in the year 702. caused the great Councell of his Realm to be assembled, consisting ex Episco∣pis, Principibus, proceribus, &c. of Bishops, Princes, Nobles, Earls, and of all the Wise men, Elders, and People of the whole King∣dome, and there enacted divers lawes for the Weal of his Realmg. Thus do we read that Egbert, who first united the seven Kingdomes of the Saxons under the name of England, did cause to be conveened at London his Bishops and the Peers of the highest rank, pro consi∣lio capiendo adversus Danicos Piratash, to ad∣vise upon some course against the Danish Pi∣rates who infested the sea coasts of England. Another Parliament or Councell, call it which you will, called at Kingsbury, Anno 855. in the time of Ethelwolph the Son of Egbert, pro

negotiis regnii, to treat of the affaires of the Kingdome: the Acts whereof are ra∣tified and subscribed by the Bishops, Abbots, and other great men of the Realme. The same King Ethelwolph in a Parliament or As∣sembly of his States at Winchester, Anno 855. Cum consilio Episcoporum & principumk, by the advice and counsell of the Bishops and Nobility, confirmed unto the Cler∣gy the tenth part of all mens goods; and ordered that the Tithe so confirmed unto them should be free ab omnibus secularibus servitutibus, for all secular services and im∣positions. In the reigne of Edred we finde this, Anno 948. In Festo igitur nativitatis B. Mariae cum universi Magnates regni per Re∣gium edictum summoniti, tam Archiepiscopi & Episcopi ac Abbates, quam caeteri totius regni proceres & optimates Londoniis conve∣nissent ad tractandum de negotiis publicis toti∣us Regnil: viz. That in the Feast of the Nativity of the blessed Virgin, the great men of the Realm, that is to say, Archbishops, Bi∣shops, Abbots, Nobles, Peeres, were summon∣ed by the Kings Writ to appear at London, to handle and conclude about the publick af∣faires of the Kingdome. Mention of this As∣sembly is made againe at the foundation and endowment of the Abbie of Crowlandm: and afterwards a confirmation of the same by

Edgar, Anno 966. praesentibus Archiepiscopis, Episcopis, Abbatibus & Optimatibus Regnin, in the presence of the Archbishops, B••shops, Abbots and Peers of the Kingdome. Like convention of Estates we finde to have been called by Canutus after the death of Edmund Ironside, for the setling of the Crown on his own head, of which thus the Authoro. Cu∣jus post mortem Rex Canutus omnes Episco∣pos & Duces, nec non & principes cunctos{que} optimates gentis Angliae Londoniae congregari jussit. Where still we finde the Bishops to be called to Parliament as well as the Dukes, Princes, and the rest of the Nobility; and to be ranked and marshalled first (which clearly shewes that they were alwaies reckoned for the first Estate) before the greatest and most eminent of the secular Peers. And so we finde it also in a Charter of King Edward the Confessor, the last King of the Saxon race) by which he granted certain Lands and pri∣viledges to the Church of Westminster, Anno 1066. Cum consilio & decreto Archiepisco∣porum, Episcoporum, Comitum, aliorum{que} Op∣timatum p, with the counsell and decree of the Archbishops, Bishops, Earls, and others of his Nobles. And all this while the Bi∣shops and other Prelates of the Church did hold their Lands by no other tenure, then in pura & perpetua eleemosynaq, or Frank al∣moigne,

as our Lawyers call it: and there∣fore sate in Parliament in no other capacity then as spirituall persons meerly, who by their extraordinary knowledge in the word of God, and in such other parts of learning, as the world then knew, were thought best able to direct and advise their Princes in points of judgement. In which capacity and no other the Priors of the Cathedrall Churches of Can∣terbury, Ely, Winchester, Coventry, Bath, Wor∣cester, Norwich, and Durham, the Deans of Exce∣ter, York, Wells, Salisbury, and Lincoln, the Of∣ficiall of the Archbishop of Canterbury, and the Dean of the Arches, the Guardian of the Spiritualties of any Bishoprick when the See was vacant, and the Vicars generall of such Bishops as were absent beyond the Seasr, had sometimes place and suffrage in the house of Lords in the Ages following.

[ VII] 7. But when the Norman Conqueror had possest the State, then the case was alte∣red. The Prelates of the Church were no lon∣ger suffered to hold their Lands in Frankal∣moigne as before they did, or to be free from secu∣lar services and commands, as before they were. Although they kept their lands, yet they chan∣ged their tenure, and by the Conqueror, were ordained to hold their Lands sub militari servitute s, either in ••apite, or by Baronage, or some such military hold, and thereby were compellable to aid the Kings in all times of war, with Men, Arms, and Horses, as the Lay-subjects of the same tenures were required to do. Which though it were conceived to be a great disfranchisement at the first, and an heavy burden to the Prelacy▪ yet it conduced at last to their greater honor; in giving them a further Title to their place in Par∣liament, than that which formerly they could pretend to. Before, they claimed a place there∣in ratione Officii, only by reason of their Offices or spiritual Dignities; but after this, by reason also of those antient Baronies which were annex∣ed unto their Dignities; en respect de lour possessions, L'antient Baronies annexes a lour dignitiest, as our Lawyers have it. From this time forwards we must look upon them in the House of Parliament, not as Bishops only, but as Peers and Barons of the Realm also, and so themselves affirmed to the Temporal Lords in the Parliament holden at Northampton under Henry 2. Non sedimus hic E∣piscopi,

sed Barones; nos Barones, ves Barones; Pares hic sumusu. We fit not here say they, as Bi∣sho••ps only, but as Barons; We are Baro••s, and you are Barons; here we sit as Peers. Which last is also verified in terminis, by the words of a Statute, or Act of Parliament, wherein the Bishops are acknowledged to be Peers of the Landx. Now that the Bishops are a fundamental and essential part of the Parliament of England, I shall endea∣vour to make good by two manner of proofs; wherof the one shall be de jure, & the other de fa∣cto. And first we shal begin with the proofs de jure, and therin first with that which doth occur in the Laws of King Athelstan, amongst the which there is a Chapter (it is Cap. 11.) entituled De officio Episcopi, & quid pertinet ad officium ejus; and there∣in it is thus declared. Episcopo jure pertinet omnem rectitudinem promovere, dei scilicet & seculi &c.z et convenit ut per consilium & testimonium ejus omne legis scitum, & Burgi mensura, & omne pondus sit secun∣dum dictionem ejus institutum, that is to say, it be∣longeth of right unto the Bishop to promote ju∣stice, in matters which concern both the Church and State; and unto him it appertaineth that by his counsel and award, all Laws & Weights, and Measures be ordained thorowout the Kingdom. 2. Next we will have recourse to the old Re∣cord entituled Modus tenendi Parliamentum. In which it is affirmed, ad Parliamentum summoniri & venire debere Archiepiscopos, Episcopos, Ab∣bates, Pricres, & alios majores cleri, qui tenent per Comitatum aut Baroniam ratione hujusmodi tenu∣rae,

that all the Arch-bishops, Bishops, Abbats, Priors, and other Prelates of the Church, who hold their lands either by an Earls fee or a Barons fee, were to be summoned and to come to Parliament in regard of their tenure. 3. Next look we on the chartularies of King Henry the first, recogni∣zed in full Parliament at Clarendon under Hen∣ry the 2d. where they are called avitas consuetudi∣nes, which declare it thus, Archipiscopi, Episcopi, & universae personae qui de Regetenent in Capite, habeant possessiones suas de Rege ficut Baroniam, &c. & sicut caeteri Barones debent interesse judiciis Curiae Regis cum Baronibus, quousque perveniatur ad dimi∣nutionem membrorum vel ad mortem. The mean∣ing is in brief, that Arch-bishops, Bishops, and all other ecclesiastical persons which hold in Capite of the King, are to have and hold their lands in Barony, and that they ought as Barons to be present in all Judgements with the other Barons in the Court of Parliament, untill the very sentence of death or mutilation (which was very common in those times) was to be pronounced. And then they commouly did use to withdraw themselves, not out of any incapacity supposed to be in them by the Law of England, but out of a restraint impo∣sed upon them by the Canons of the Church of Rome. 4. In the great Charter made by King John in the last of his reign, we have the form of summoning a Parliament, and calling those toge∣ther who have votes therein, thus expressed at large. Ad habendum commune consilium Regni de auxilio assidendo, &c. & de scutagiis assidendis, faci∣emus

summoneri Archiepiscopos, Episcopos, Abba••es, Co∣mites, & Majores Barones Regni sigillatim per li••eras nostras: Et praeterea summoneri faciemus in generali per Vice-Cemites & Ballivos nostros omnes alios qui in Capite tenent ad certum diem, sc. ad terminum 40 die∣rum ad minus, et ad certum locum, &c.a In which we have not only a most evident proof, that the Bishops are of right to be called to Parliament, for grant∣ing subsidies and Escuage, and treating of the great affairs which concern the kingdom, but that they are to be summoned by particular Let∣ters, as well as the Earls and Barons or either of them; A former Copy of which summons issu∣ed in the time of the said King John, is extant on Record, and put in print of late in theb Titles of Honour. And we have here (I note this only by the way) a brief intimation touching the form of summoning the Commons to attend in Parliament, and the time of 40 daies expresly specified to in∣tervene between the summons and the beginning of the Parliament; Which Commons being such as antiently did hold in Capite, and either having a Knights fee or the degree of Knighthood, did first promiscuously attend in these publick meetings, and after were reduced to four (quatuor discretos milites de Comitatu tuo, asc the writ ran unto the Sheriff) and at last to two, as they continue to this day. 5. We have it thus in the Magna Charta of King Henry the 3d. the birth-right of the English Subject, according as it stands translated in the book of Statutes. First we have granted to God, and by this our present Charter have confirmed for

us and our heirs for ever, that the Church of England shall be free, and shall enjoy all her whole Rights and Liberties inviolabled. But it was a known Right and Liberty of the Church of England, that all the Bishops, and many of the greater Clergy (and peradventure also the inferiour Clergy wherof more anon) had their Votes in Parliament; and therefore is to be preserved inviolable by the Kings of England, their Heirs and Successors for ever. Which Charter as it was confirmed by a solemn Curse denounced on all the Infringers of it by Bo∣niface Arch-bishop of Canterburye, and ratified in no fewer man 30 succeeding Parliaments: so was it enacted in the reign of Edward the first, that it should be sent under the great Seal of England, to all the Cathedral Churches of the Kingdom, to be read twice a year before the peoplef; that they should be read four times every year in a full County-Court g, and finally that all judgements given a∣gainst it should be voidh. 6. We have the Prote∣station of John Stratford Arch-bishop of Canterbu∣ry in the time of King Edward the 3d. who being in disfavour with the King, and denyed entrance into the House of Peers, challenged his place and suffrage there as the first Peer of the Realm, and one that ought to have the first Voice in Parliament in right of his See. But hear him speak his own words, which are these that follow. Amici (for he spake to those who took witness of it) Rexme ad hoc Parliamentum scripto suo vocavit, & ego tan∣quam major Par Regni post regem, & primam vocem habere debens in Parliamento, jura Ecclesiae

meae Cantuariensis vendico, & ideo ingressum in Parliamentum petoi, which is full and plain. 7. And lastly, there is the Protestation on Re∣cord of all the Bishops in the reign of King Richard the 2d. at what time William Courtney was Arch-bishop of Canterbury: who being to withdraw themselves from the House of Peers at the pro∣nouncing of the sentence of death on some guilty Lords, first made their Procurators to supply their rooms, & then put up their Protestation to preserve their Rights; the sum whereof, for as much as doth concern this business, in their own words thus. De jure & consuetudine regni Angliae ad Archiepiscopum Cantuariensem qui pro tempore fue∣rit, nec non coeteros Suffraganeos confratres & com∣patres, Abbates & Priores alios{que} Praelatos quoscun{que} per Baroniam de domino Rege tenentes, pertinet in Parliamentis Regis quibuscunque, ut Pares regni prae∣dicti personaliter interesse, ibidemque de regni negotiis ac aliis tractari consuetis cum caeteris dicti regni Pari∣bus & aliis ibidem jus interessendi habentibns consu∣lere & tractare, ordinare, statuere, & diffinire, ac c••e∣tera facere quae Parliamento ibidem imminent facien∣da. This put together makes enough abundantly for the proofs de jure, and makes the Bishops right to have Vote in Parliament to be undeniable: Let us next see whether this right of theirs be not confirmed and countenanced by continual pra∣ctice, and that they have not lost it by discontinu∣ance; which is my second kind of proofs, those I mean de facto. And first beginning with the reign of the Norman Conquerour, we find a Parliament

assembled in the fifth year of that King, wherein are present Episcopi, Abbates, Comites, & Primates totius Angliael, the Bishops, Abbats, Earls, and the rest of the Baronage of England. In the 9th. year of William Rufus an old Author telleth us, de regni statu acturus, Episcopos, Abbates, & quoscunque Regni proceres in unum praecepti sui sanctione egit; that being to consult of the affairs of the King∣dom he called together by his writ the Bishops, Abbots and all the Peers of the Realmm. Du∣ring the reign of Henry the 2d. (for we will take but one example out of each King reign, though each Kings reign would yield us more) a Parlia∣ment was called at London, wherein were many things dispatched aswell of Ecclesiastical as secular nature; the Bishops and Abbats being present with the other Lords. Coacto apud Londoniam magno Episcoporum, &. Procerum, Abbatum{que} Concili••, mul∣ta ecclefiasticarum & secularium rerum ordinata nego∣tia, decisa litigia, saith the Monk of Malmes••u∣ry n. And of this Parliament it is, I take it, that Eadmer speaketh, Hist. Novell. l. 4. p. 91. Proceed we to King Henry the 2d. (for King Ste∣phens reign was so full of wars and tumults that there is very little to be found of Parliaments) and there we find the Bishops with the other Peers con∣vened in Parliament for the determination of the points in controversie between Alfonso King of Castile and Sancho King of Navarre, referred by compremise to that King of England, and here deter∣mined by King Henry amongst other things, habito cum Episcopis Comitibus et Baronebus cum delibera∣tione

consilio, as in Roger Hovedeno. Next him comes Rich. the first, his Son, during whose impri∣sonment by the D. of Austria, his Brother John then Earl of Moriton indeavoured by force and cunning in Normandy to set the Crown on his own head: which caused Hubert the Arch-bishop of Canter∣bury to call a Parliament (Convocatis coram eo Epi∣scopis, Comitibus et Baronibus regni)p wherein the Bishops, Earls, and Barons did with one con∣sent agree to seize on his estate, and suppress his power, the better to preserve the Kingdom in wealth, peace and safety. After succeeded John, and he calls a Parliament, wherein were certain Laws made for the defence of his Kingdom, Com∣muni assensu Archiepiscoporum, Episcoporum, Co∣mitum, Baronum & omnium fidelium suo••um Ang••iae, by the common counsell and assent of the Arch-bi∣shops, Bishops, Earls, Barons, and the rest of his Leiges. (Remember what was said before touch∣ing the writ of Summons in the said Kings time) From this time till the last Parliament of King Charles, there is no Kings reign, of which we have not many (though not all) the Acts of Parlia∣ment still in print amongst us. Nor is there any Act of Parliament in the printed Books, to the en∣acting of the which the Bishops approbation and consent is not plainly specified, either in the ge∣neral Proeme set before the Acts, or in the body of the Act it themself; as by the books themselves doth at at large appear. And to this kind of proof may be further added the form and manner of the writ by which the Prelates in all times have been

called to Parliament, being the very same verbatim with that which is directed to the temporal Ba∣rons, save that the Spiritual Lords are commanded to attend the service, in fide & dilectione, the tem∣poral in fide & homagio, and of late times in fide & ligeantia. A form or copy of which summons as antient as King Johns time, is still preserved upon Record, directed nominatim to the Arch-bishop of Canterburyr; and then a scriptum est similiter to the residue of the Bishops, Abbats, Earls, and Barons. Then adde the Privilege of Parliament for themselves and their servants, during the time of the Sessions; the liberty to kill, and take one or two of the Kings Deer as they pass by any of his Forests in coming to the Parliament upon his commandements; their enjoying of the same immunities, which are and have been heretofore enjoyed by the Temporal Ba∣rons t: and tell me if the Bishops did not sit in Parliament by as good a title, and have not sate there longer by some hundreds of years in their Predecessours, as or than any of the Temporal Lords do sit or have sat there in their Progenitours; and therefore certainly essential, fundamental parts of the Court of Parliament.

[ VIII] 8. But against this it is objected, first, that some Acts have passed in Parliament, to which the Prelates did not vote, nor could be present in the House when the Bill was passed; as in the sentencing to death or mutilation of a guilty per∣son: as doth appear both by the laws & constituti∣ons recognized at Clarendon, and the following pra∣ctice▪

This hath been touched on before, & we told you then, that this restraint was laid upon them, not by the Common law of England, or any Act or Ordinance of the House of Peers, by which they were disabled to attend that service. It was their own voluntary Act, none compelled them to it, but only out of a conformity to some former Ca∣nons (ad sanctorum Canonum institutax, as their own words are) by which it was not lawfull for the Clergy men to be either Judges or Assessors in causa Sanguinisy. And yet they took such care to preserve their Interests, that they did not only give their Proxies for the representing of their persons, but did put up their Protestation with a salvo jure for the preserving of their rights for the time to come: jure Paritatis & interessendi in dicto Parliamentoz quoad omnia & singula ibi excer∣cenda in omnibus semper salvo, as the manner was. Examples of the which are as full and frequent, as their withdrawing themselves on the said occa∣sions. But then the main objection is, that as some Acts have passed in Parliament absentibus Praelatis, when the Bishops did absent themselves of their own accord; so many things have been transacted in the Parliament excluso Clero, when the Clergy have been excluded or put out of the House by some Act or Ordinance. A precedent for this hath been found and published by such as envi∣ed that poor remnant of the Churches honour: though possibly they will find themselves decei∣ved in their greatest hope, and that the evidence will not serve to evince the cause. The Author

of the Pamphlet entituled, The Prerogative and pra∣ctice of Parliaments, first laying down his Tenet, that many good Acts of Parliament may be made though the Arch-bishops and Bishops should not consent unto thema (which is a point no man doubts of, considering how easily their negative may be over-ruled by the far greater number in the House of Peers) adds, that at a Parliament hold∣en at S. Edmundsbury 1196 in the reign of Ed: 1. a Statute was made by the King, the Barons, and the Commons, Excluso Clero, & for the proof herof refers us unto Bishop Jewell. Now Bishop Jewell saith in∣deed,

"that in a Parliament solemnly holden at St. Edmunsbury by King Edward 1. Anno 1296. the Arch-bishops and Bishops were quite shut forth, and yet the Parliament held on, and good, and wholsome laws were there enacted, the de∣parting or absence of the Lords Spiritual not∣withstanding b. In the Records whereof it is written thus, Habito Rex cum Baronibus suis Parli∣amento, & Clero excluso statutum est, &c. the King keeping the Parliament with his Barons, the Clergy (that is to say, the Arch-bishops, and Bishops) being shut forth, it was enacted, &c."

Wherein who doth not see, if he hath any eyes, that by this reason (if the proof be good) many good Acts of Parllament may be made, though the Commons either out of absence or opposition should not consent unto them? of whose consent unto that Statute (whatsoever it was) there is as little to be found in that Record, as the concur∣rence of the Bishops. But for Answer unto so much

of this Record so often spoke of and applauded as concerns the Bishops, we say, that this (if truly senced as I think it be not) was the particular act of an angry and offended King against his Clergy, not to be drawn into example as a proof or Argu∣ment against a most clear, known, and undoubted right. The case stood thus, A Constitution had been made by Boniface the 8th. Ne aliqua collecta ex ecclesiasticis proventibus Regi aut cuivis alii Principi concedaturc, that Clergy men should not pay any tax or tallage unto Kings or Princes out of their Spiritual preferments, without the leave of the Pope: under pretence whereof the Clergy at this Parliament at S. Edmundsbury, refused to be con∣tributory to the Kings occasions, when the Lay-Members of the House had been forwards in it. The King being herewith much offended, gives them a further day to confider of it, adjourning the Parliament to London, there to begin on the morrow after S. Hilaries day; and in the mean time commanded all their Barns to be fast sealed up. The day being come, and the Clergy still persisting in their former obstinacy, excluso e Par∣liamento Clero Consilium Rex cum solis Baronibus & populo habuit, totumque statim Clerum protectione sua privavitd; the King (saith the Historian) exclu∣ding the Clergy out of the Parliament, advised with his Barons and his people only, what was best to be done, by whose advise he put the Cler∣gy out of his protection, and thereby forced them to conform to his will and pleasure. This is the summa totalis of the business, and comes unto no

more but this, that a particular course was ad∣vised in Parliament on a particular displeasure taken by the King against the body of his Clergy then convened together, for their particular refu∣sal to contribute to his wants & wars, the better to reduce them to their natural duty. Which makes not any thing at all against the right of Bishops in the House of Peers, or for excluding them that House, or for the validity of such Acts as are made in Parliament during the time of such ex∣clusion: especially considering that the King shortly after called his States together, and did ex∣cuse himself for many extravagant Acts which he had committede against the liberties of the Subject (whereof this was one) laying the blame thereof on his great occasions, and the necessities which the wars which he had abroad, did impose upon him. And so much as in Answer unto that Record, supposing that the words thereof be rightly senced, as I think they are not, and that by Clerus there we are to understand Arch-bishops and Bishops, as I think we be not, there being no Record (I dare boldly say it) either of History or Law, in which the word Clerus serves to signi∣fie the Arch-bishops, and Bishops, exclusive of the other Clergy; or any writing whatsoever, wherein it doth not either signifie the whole Clergy gene∣rally, or the inferiour Clergy only exclusive of the Arch-bishops, Bishops, and other Prelates. Therefore in answer unto that so much applau∣ded Cavil of Excluso Clero, from what Record soe∣ver it either hath been hitherto or shall hereaf∣ter

be produced, I shall propose it to the conside∣ration of the sober Reader, whether by Clerus in that place, or in any other of that kind and time, we must not understand the in••eriour Clergy, as they stand distinguished in the Laws from my Lords the Bishops. For howsoever it be true, that Clerus in the ecclesiastical notion of the word doth signifie the whole Clergy generally, Arch-bi∣shops, Bishops, Priests, and Deacons: yet in the legal notion of it, it stands distinguished from the Prelates, and signifieth only the inferiour Clergy. Thus do we find the Ecclesiasticks of this Realm divided into Prelates, men of Religion, and other Clerks, 3. Edw. 1. c. 1. the Seculars either into Prelates and Clerks, 9 Edw. 2. c. 3. 1 Rich. 2. c. 3. or Prelates and Clerks beneficed, 18 Edw. 3. c. 2. or generally into the Prelates and the Clergy, 9 Edw. 2. c. 15. 14 Edw. 3. c. 1, & 3. 18 Edw. 3. 2. 7. & 25 Edw. 3. 2. 4. & 8 Hen. 6. c. 1. and in all acts and grants of Subsidies, made by the Clergy to the Kings or Queens of England since the 32 of Henry 8. (when the Clergy subsidies first began to be confirmed by act of Parliament) So also in the Latin ideom, which comes neer∣est home, Nos Praelati & Clerus in the submission of the Clergy to King Henry 8.f, and in the sentence of divorce against Anne of Cleveg, and in the instrument of the grant of the Clergy subsidies presented to the Kings of England ever since the 27 of Queen Elizabeth, and in the form of the Certificates (perh Praelat••s & Clerum) returned by every Bishop to the Lord High Treasurer, and

finally, Nos Episcopi & Clerus Cantuariensis Pro∣vinciae in hac Synodo more nostro solito dum Regni Par∣liamentum celebratur, congregatii, in the petition to K. K. Phillip and Mary, about the confirmati∣on of the Abby lands to the Patentees. So that though many Statutes have been made in these later times, excluso Clero, the Clergy (that is. to say the inferiour Clergy) being quite shut out, and utterly excluded from those publick Counsails; yet this proves nothing to the point that auy act of Parliament hath been counted good to which the Bishops were not called, or at the making of which Act they either were shut out by force, or excluded by cunning. As for Kilbancies book which that Author speaks ofk, in which the Ju∣stices are made to say 7 H. 8. that our Soveraign Lord the King may well hold his Parliament by him and his Temporal Lords, and by the Commons also, without the Spiritual Lords, for that the Spiritual Lords have not any place in the Parliament chamber by reason of their Spiritualties, but by reason of their Temporal possessions: besides that it is only the opinion of a privat man, of no authority or cre∣dit in the Common wealth, and contrary to the practice in the Saxon times in which the Bishops sate in Parliament as Spiritual persons, not as Barons; the reason for ought I can see, will serve as well to pretermit all or any of the Temporal Lords, as it can serve to pretermit or exclude the Bishops, the Temporal Lords being called to Parli∣ament on no other ground, than for the Temporal possessions which they hold by Barony.

[ IX] 9. If it be said that my second answer to the argument of Excluso Clero supposeth that the infe∣riour ••lergy had some place in Parliament, which being not to be supposed makes the Answer void: I shall crave leave to offer some few observations unto the consideration of the sober and impartial Reader, by which I hope to make that supposi∣tion probable, and perhaps demonstrative. First then we have that famous Parliament (call it Concilium magnum, or Concilium commune, or by what other name soever the old writers called it) summoned by King Ethelbert, anno 605. which myl Author calleth Commune concilium tam Cleri quam Populi, where Clerus comprehendeth the bo∣dy of the Clergy generally, aswell the Presbyters, as the Bishops; as the word populus doth the lay-subject generally, as well Lords as Commons; or else the Lords and Commons one of the two must be needs left out. And in this sense we are to understand these words in the latter times, as where we read that Clerusm Angliae & populus Vniversus were summoned to appear at Westmin∣ster, at the Coronation of King Henry the first, where divers Laws were made and declared, sub∣scribed by the Arch-bishops, Bishops, and others of the principal persons that were there assembled: that Clero & populo convocaton, the Clergy and people of the Realm were called to Clarendon, anno 1163. by King Henry the second, for the de∣claring and confirming of the Subjects liberties: that in the year 1185 towards the later end of

the said Kings reign, Convocatus est Clerus & po∣pulus cum tota Nobilitate ad fontem Clericorumo, the Clergy, Commons, and Nobility were called un∣to the Parliament held at Clerkenwell: and final∣ly that a Parliament was called at London, in which the Arch-bishop of Canterbury was present, cum toto Clero & tota secta Laicalip, in the time of King John. Hitherto then the Clergy of both ranks and orders, as well as Populus or tota secta Laicalis, the Subjects of the Laity, or the Lords and Commons, had their place in Parliament. And in possession of this right the Clergy stood when the Magna Charta was set out by King Henry the 3d, wherein the freedoms, rights, and privileges of the Church of England (of which this evident∣ly was one) was confirmed unto herq: of the irrefragable and inviolable authority whereof we have spoke before. The Cavill of Excluso Clero which hath been used against the voting of the Bishops in the house of Peers, comes in next for proof, that the inferiour Clergy had their place or vote with the house of Commons; (if in those times the Lords and Commons made two hou∣ses, which I am not sure of) the Clergy could not be excluded in an angry fit, or out of a particular design to deprive them of the benefit of the Kings protection; if they had not formerly a place a∣mongst them: & if we will not understand by Cle∣rus, the inferior Clergy, which much about that time (as before we shewed) began to be the leg••l English of the word; we must needs understand the whole Clergy generally, the Clergy of both ranks and or∣ders.

But our main proofs are yet to come, which are these that follow. First it is evident that antiently the Clergy of each several Diocese were chargeable by Law for the expences of their Pro∣ctors in attending the service of the Parliament; according as the Counties were by Common law (since confirmed by Statute 23 H. 6. c. 11.) to bear the charges of their Knights, the Burroughs and Cities of their Representees: which question∣less the Laws had not taken care for, but that the Clergy had their place in Parliament, as the Com∣mons had. And this appears by a Recordz of 26 of King Edward the 3d. in which the Abbat of Leieester being then, but never formerly com∣manded to attend in Parliament, amongst others of the Regular Prelates; petitioned to be dischar∣charged from that attendance, in regard he held in Frank-Almoigne only, by no other tenure. Which he obtained upon this condition, ut semper in Procuratores ad hujusmodi Parliamenta mittendot consentiat, &, ut moris est, eorundem expensis con∣tribuat, that is to say, that he and his Successors did give their voyces in the choyse of such Procu∣ratours, as the Clergy were to send to Parliament, and did contribute towards their charges as the custom was. Next in the Modus tenendi Parliamen∣tum, which before we spake of, there is amodus con∣vocandi Clerum Angliae ad Parl. Regisr, a form of calling the English Clergy (that is the Prelates & Clergy as John Selden (e) renders it) to the Court of Parliament: said to be used in the time of Edward the Son of Ethelred, presented to the Conquerour,

and by him observed: which shews the Clergy in those times had their place in Parliament. Which being but a general inference shall be de∣livered more particularly from the Modus it self, which informs us thus, Rex est caput, principum & finis Parliamenti, &c.t

"The King is the head, the beginning and end of the Parliament, and so he hath not any equal in the first degree; the se∣cond is of Arch-bishops, Bishops, and Priors, and Abbats holding by Barony; the third is of Pro∣curators of the Clergy; the fourth of Earls, Ba∣rons, and other Nobles; the fifth is of Knights of the Shire; the sixt of Citizens and Burgesses: and so the whole Parliament is made up of these six degrees."

But the said Modus tells us more, and goeth more particular∣ly to work than so. For in the ninth chapter, speaking of the course which was observ'd in can∣vassing hard and difficult matters, it telleth us that they used to choose 25 out of all degrees, (like a grand Committee) to whose consideration they referred the point; that is to say, two Bishops, and three Proctors for the Clergy, two Earls, three Barons, five Knights, five Citizens, and as many Burgesses. And in the 12th. that on the fourth day of the Parliament the Lord high Steward, the Lord Constable, and the Lord Marshal were to call the house, every degree or rank of men in its se∣veral Order; and that if any of the Proctors of the Clergy did not make appearance, the Bishop of the Diocese was to be fined 100 l. And in the 23d. chapter it is said expresly, that as the Knights,

Citizens, & Burgesses in things which do concern the Commons have more authority than all the Lords; so the Proctors for the Clergy, in things which do concern the Clergy, have more authori∣ty than all the Bishops. Which Modus if it be as antient as the Norman Conquerour, as both Sir Edward Coke conceivethu, and the title signi∣eth, it sheweth the Clergies claim to a place in Parliament to be more antient than the Commons can pretend unto: but if no older than the reign of King Edward third, as confidently is affirmed in the Titles of Honourx, if sheweth that in the usage of those later times the Procurators of the Clergy had a right and place there as well as Ci∣tizens and Burgesses, or the Knights of the Shires. And this is further proved by the writs of Summons directed to the Arch-bishops and Bishops, for their own comming to the Parliament; in the end whereof there is a clause for warning the Dean and Chapter of their Cathedralls, and the Arch-dea∣cons with the whole Clergy to be present at it, that is to say the Deans and Arch-deacons personally, the Chapter and Clergy in their Proctours, then and there to consent to such Acts and Ordinances as shall be made by the Common counsail of the Kingdom. The whole clause word for word is thisy, Praemunientes Priorem & Capitulum (or Decanum & Capitulum as the case might vary) Ecclesiae vestrae N. ac Archidiacanos totumque Cle∣rum vestrae Dioceseos, quod iidem Decanus & Archi∣chidiaconi in propriis personis suis, ac dictum Capi∣tulum per unum, idemque Clerus per duos Procura∣tores

idoneos plenam & sufficientem potestatem ab ip∣sis Capitulo & Clero habentes, praedicto die & loco personaliter intersint, ad consentiendum iis quae tunc ibidem de communi consilio ipsius Regni nostri divina favente clementia contigerit ordinari. Which clause being in the Writs of King Edward 1. and for the most part of the reign of his next Successors••, till the middle of King Richard the second, at which time it began to be fixt and formal; hath still continued in those writs (without any diffe∣rence almost between the Syllables) to this very dayz. Now that this clause was more than Verbal, and that the Proctors of the Clergy did attend in Parlia∣ment, is evident by the Acts and Statutes of King Richard the second: the passages whereof I shall cite at large, the better to conclude what I have in hand. The Duke of Glocester and the Earl of Arundel having got the mastery of the King, ob∣tained a Commission directed to themselves and others of their nomination, to have the rule of the King and his Realma: and having their Com∣mission confirmed by Parliament, in the 11 year of his reign, did execute divers of his Friends and Ministers, and seized on their Estates as forfeit∣ed. But having got the better of his head-strong and rebellious Lords, in the one and twentieth of his reign he calls a Parliament, in the Acts whereof it is declared,

"That on the Petition of the Commons, of the assent of all the Lords Spiritual and Temporal, and of the Proctors of the Clergy, he repealed the said Statute and Commissionb, and with the assent of the said Lords and Com∣mons

did ordain and establish that no such Commis∣sion nor the like be henceforth purchased, pursued or made. This done, the heirs of such as had been condemned by vertue of the said Com∣mission, demanded restitution of their Lands and Honors. And thereupon the Lords Spiritual and Temporal, and the Procuratours of the Cler∣gy (the Commons having prayed to the King before as the Appellants prayed) severally examined did assent expresly that the said Parliament and all the Statutes, &c. should be voyd, &c. and restitution made as afore is said.c And also the Lords Spi∣ritual and Temporal, the Procuratours of the Clergy, and the said Commons were severally examined of the Questions proposed at Notingham, and of the Answer which the Judges made unto the same: which being read aswell before the King and the Lords, as before the Commons, it was demanded of all the States of the Parliament, what they thought of the Answers, and they said that they were lawfully & duly made, &c. And then it followeth, whereupon the King, by the assent of the Lords Spiritual and Temporal, and the Procura∣tours of the Clergy and the said Commons, and by the advise of the Justices and Sergeants, afore∣said (who had been asked their opinion in point of Law) ordained and established that the said Parliament should be annulled and held for none."

Adde unto this that passage in the 9 of Edward 2. where it is said, that many Articles containing divers grievances committed against the Church of England, the Prelates & Clergy, were propounded by

the Prelates and Clerks of our Realm, in Parliament, and great instance made that convenient remedy might be appointed thereind: that of the complaints made to the King in Parliament by the Prelates and Clergy of this Realm, 50 Ed. 3. 5. & 8 Rich. 2. c. 13. and that of the Petition delivered to the King in Parliament by the Clergy of England, 4 Hen. 4. c. 2. And finally that memorable passage in the Parli∣ment, 51 Edw. 3. which in brief was this. The Commons finding themselves agrieved aswell with certain Constitutions made by the Clergy in their Synods, as with some laws or Ordinances which were lately passed, more to the advantage of the Clergy than the Common people, put in a Bill to this effect, viz.

"That no Act nor Ordi∣nance should from thenceforth be made or granted on the Petition of the said Clergy, without the consent of Commons; and that the said Commons should not be bound in times to come, by any constitutions made by the Clergy of this Realm, for their own advantage, to which the Commons of this Realm had not given con∣sent."

The reason of the which is this (and 'tis worth the marking)

"car eux ne veullent estre obligez a nul de vos estatuz ne Ordinances faitz sanz leur assent, because the said Clergy did not think themselves bound, (as indeed they were not in those times) by any Statute, Act, or Ordi∣nance, made without their Assent in the Court of Parliament."

Which clearly shews that in those times the Clergy had their place in Parlia∣ment as the Commons had. Put all which hath

been sayd together, and tell me if it be not cleer and evident that the inferiour Clergie had their place in Parliament; whether the Clause touch∣ing the calling of them thither, were not more than verbal in the Bishops writs, and is true that in the writ of summons directed to their several and respective Bishops they were called only ad consentiendum, to manifest their consent to those Acts and ordinances, which by the Common coun∣sell of the Realm were to be ordained. But then it is as tru withall, that sometimes their advice was asked in the weighty matters, as in the 21 of K. Richard the 2. and sometimes they petitioned and remonstrated for redress of grievances, as in the instances and cases which were last produced. And 'tis as true that if they had been present only ad consentiendum, to testifie their assent to those Acts which by the common Counsell of the Realm were proposed unto them: their presence was as necessary, and their voice as requisite to all intents and purposes (for ought I can see) as the voice and presence of the Commons in the times we speak of. For in the writs of summons issued to the several Sheriffs for the electing of Knights, Ci∣tizens and Burgesses to attend the Parliament, it is said expressely, first that the King resolveth upon weighty motives touching the weal and safety both of Church and State to hold his Parliament,e et ibidem cum Praelatis, Magnatibus et Proceribus dicti regni nostri colloquium habere et tractare, then and there to advise and treat

with the Prelates, Peers and Nobles of this Realm: Which words are also expressely used in the writs of summons directed to the Bishops, and to every of them; who also are required in a further clause consilium suum impenderef, to give the King their best advice in his great affairs. So that the Prelates and Nobility conveened in Par∣liament made the Kings great Counsel, and were called thither to that end. What then belong∣ed unto the Commons? 1. No more than did belong to the Clergy also, that is to say, the giving of their consent to such Laws and Statutes as should there be made. VVhich notwithstand∣ing in tract of time gave them such a sway, and stroak in the course of Parliaments, that no law could be made, nor no tax imposed without their liking and allowance. And this is that which is expressed in the last clause of the said writ, by which the Knights and Burgesses are to come preparedg ad faciendum et consentien∣dum iis quae tune ibidem de consilio dicti Regni nostri super negotiis antedictis contigerint ordinari. VVhich is the very same which you had before in the writ directed to the Bishops, for summoning the Clergie of their several Diocesses, and that here is a faciendum which the other had not. A word which if you mark it well, hath no opera∣tion in the Construction of the text, except it be in paying subsidies, or doing such things as are appointed to be done by that great Counsel of the Kingdom; VVhich clause, though it be cunningly left out (that I may say no worse) in

the recital of the writ by the Author of the Book entituled, the Prerogative and practice of Parlia∣ments: is most ingenuously acknowledged in the Declaration of the Lords and Commons assem∣bled at Oxon,h where it is said, that the writs of summons, the foundation of all power in Parliament, are directed to the Lords in expresse termes to treat and advise with the King and the rest of the Peers of the Kingdom of England; and to the Commons to do and consent to those things, which by that Common councell of England should be ordained. And thus it stands, as with the Common people general∣ly in most states of Christendom, so with the Commons antiently in most states of Greece; of which Plutarch telleth usi, that when the peo∣ple were assembled in Counsell,

"it was not lawful for any of them to put forth matters to the Counsel to be determined, neither might any of them deliver his opinion what he thought of any thing, but the people had only authority 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to give their assent unto such things as either the Senators or their Kings do propound unto them."

[ X] 10. But against this it is objected, first, that it is not to be found at what time the Clergie lost their place and vote in Parliament, and there∣fore it may reasonably be presumed that they had never any there: and 2ly. that if they had been called ad consentiendum (though no more than so) we should have found more frequent

mention of their consent unto the Acts & Statutes in our printed Books. For answer unto which it may first be said, that to suppose the Clergie had no voice in Parliament, because it is not to be found when they lost that Privilege, is such a kind of Argument (if it be an argument) as is made by Bellarmine,k to prove that many of the contro∣verted Tenets of the Church of Rome, are neither terroneous nor new, because we cannot say expressely, quo tempore, quo autore, when and by whose promoting they first crept in. And though we cannot say expressely when the inferiour Clergy lost their place in Parliament, in regard it might be lost by discontinuance or non-usage; or that the clause was pretermitted for some space of time the better to disuse them from it; or that they might neglect the service in regard of their attendance in the Convocation, which gave them power and reputation both with the Com∣mon people: yet I have reason to beleeve, that this pretermission and disuse did chiefly happen under the government of the Kings of the house of Lancaster, who being the true heirs and suc∣cessours of Iohn of Gaunt, cast many a longing eye on the Church revenues, and hardly were perswaded to abstain from that height of sacri∣lege, which Henry the 8 did aftercome to. And this I am induced to beleeve the rather, in regard that in the confirmation of the Churches rights so solemnly confirmed and ratified in all former Parliaments; there was a clog put to or added in these times, which shaked the Fabrick:

the confirmation being first of such rights and liberties as were not repealed, 3. Hen. 5. cap. 1. & 4 Hen. 5. cap. 1. and afterwards of such as by the Common law were not repealeable, 2 Hen. 6. cap. 1. which might go very far indeed. And secondly I find that in the 8 of Henry the 6. an Act of Par∣liament was passed, that all the Clergy called to Convocation by the Kings writ, and their servants and Family shall for ever hereafter fully use and enjoy such liberty and defence in comming tarrying and re∣turning, as the great men and Comminalty of the Realm of England called to the Kings Parliament do enjoy,l &c. Which being an unnecessary care or caution when the Clergie had their voice in Parliament, and very necessary to be taken for∣merly, if they had never had such voice: makes me conceive, that it was much about this time that they lost that privilege. But this I leave as a conjecture, and no more than so. For answer to the second argument, that if they had been called of old ad consentiendum, we should have found more frequent mention of their consent unto the Acts and Statutes of the former times; besides that it is a negative proof, and so non con∣cludent, it strikes as much against the presence and consent of the Knights and Burgesses in the el∣der Parliaments, as it can do against the Clergie. For in the elder Parliaments under K. Henry 3. and K. Edward the first there is no mention of the Commons made at all, either as present or con∣senting; nor much almost in all the Parlia∣ments till K. Henry 7. but that they did petition

for redresse of greivances, and that upon their spe∣cial instance and requestm several laws were made for the behoof and benefit of the Com∣monwealth: which part the Clergie also acted in some former Parliaments, as before was shewed. So that this negative Argument must conclude against both or neither. But secondly I answer, that in these elder times in which the Proctors for the Clergy had their place in Parlia∣ment, they are included generally in the name of the Commons. And this I say on the authority of the old modus tenendi Parliamentum, in which the Commons are divided in the Spiritualty and the Temporalty; and where it is expressely said that the Proctors for the Clergie, the Knights, the Citizens and the Burgesses did represent the whole Comminalty of the Realm of Englanda. And this holds good in law (for ought I find unto the contrary) to this very day. Certain I am that Crompton in his book of the Iurisdiction of Courts, where he fpeakes of Parliaments, doth tell us that the Knights, Citizens, Burgesses, and Barons of the Cinque ports,b ove le Clergie qu' eux assemble au Pawles, represent le corps de tout le Comminalty Dengliterre, together with the Cler∣gie which assembled at S. Pauls, doe represent the body of the whole Comminalty of England. So then, the Clergie were not only called but were present also, according to that clause in the writ of Summons (which before I spake of) di∣rected to their several and respective Bishops, as the Kings spiritual Sheriffs, if I may so say,

inabled by the Laws to that end and purpose. Which some endeavouring to avoid, have at last found out that the clause before recited out of the Writ to the Bishops, is not a calling of the Clergy to attend in Parliament, but to command them to attend in the Convocation: which I have heard much pressed by those who pretend unto some knowledge in the course of things. Which though it be a gross mistake, and inconsistent with the words and circumstances of the VVrit it self, which relates meerly to the Parliament, and business of a Parllamentarie nature: yet for the clearing of the point, and undeceiving such as have been deceived, they may please to know, that besides this VVrit by which the Clergy are commanded to appear in Parliament, there is a∣nother writ and another form of calling them unto the service of the Convocation, which is brief∣ly this. The King sends out his VVrit or Man∣dat to the Arch-bishop of Canterbury, requiring him super quibusdam arduis & urgentibus negotiis, &c.n. for divers great and weighty reasons concerning the Kings honour, the Churches safe∣ty, and the publick peace of his dominions, to sum∣mon all the Bishops, Deans and Chapters, Arch-deacons, and the whole Clergy of his Province to meet in Convocation at a day and place appointed. On the reception of which Writ the Arch-bi∣shop sendeth out his Monitory to the Bishop of London (who by his place is Dean of the Episcopal Collegeo, and to disperse the Mandates of the Metropolitan) requiring him to appear himself in

person, and to send out his warrant unto every Bi∣shop of the Province, to appear there also, and to take order that the Deans of the Cathedrals, and Arch-deacons personally, the Chapter by one Pro∣curator, the Clergy of the Diocese by two, (whom we usually call Clerks of the Convocation) do at∣tend that service (p).b. VVhich comming to the hands of each several Bishop they do according∣ly give intimation to their Deans and Chapters, to their Arch-deacons and the Clergy; and they accordingly prepare themselves to obey the Mo∣nitory, and to return Certificate of their doings in it. The like proceeding is observed also for the Province of York. So that the calling of the Clergy to the Convocation being by a different VVrit and another form, which hath no reference to nor dependance on the writs directed by the K. to each several Bishop for their attendance in the Parliament, it must needs be (as I conceive it) that by that clause remaining in the VVrits aforesaid, the Clergy have good right and title to a voice in Parliament, though they have lost their jus in re, the benefit, the use and possession of it.

[ XI] 11. But I speak this as once the Apostle said in another case, not by commandement but by permis∣sion. For I perswade my self the Clergy do not aim so high at the recovery of a right so long antiquated and disused, but would be well e∣nough content with the restitution of the Bi∣shops to their vote in Parliament, of which they stood possessed by so strong a Title, as the very constitution of the Parliament, and the fundamen∣tal

laws of the English government could confer upon them. For though the Bishops sate in Parliament in their own personal capacities, and not as the representative body of the Clergy; yet the poor Clergy found it some respect unto them to be thus honoured in their heads: and were the more obliged to obey such Acts as were establi∣shed in that Court, wherein these heads had op∣portunity of interceding, if perhaps any thing were propounded which might be grievous to the Clergy, and many times a power of hinde∣ring and diverting if not by voice and numbers, yet by strength of reasons. They were not alto∣gether Slaves and Bond-men whilest the Church held that remnant of her antient rights; for whilest the heads retained that honor, the body could not choose but rejoyce in it and be che∣rished by it. But since they have been stripped of that (by what unworthy Acts the world knows too well) they are become of such condi∣tion, that the most despicable Tradesman in a Cor∣porate Town is more considerable in the eye of the State, and hath a greater interesse in the affairs thereof, than the greatest Prelate, and to say truth than all the Clergy of the Realm. For being there are three Ingredients which make up a Freeman (as S. Francis Bacon well observed in his speech concerning the Post-nati) that is to say, 1. jus Ci∣vitatis, which did inable a man to buy and sell, and to take Inheritances; 2. jus suffragii, a voice in the passing of Laws and Election of Officers; and 3. jus honoris, a capability of such offices

and honors as the State could give him: the Clergy by this means are limited to the first right only, & utterly excluded from the other two, and ther∣by put into a worse condition, than the meanest Freeman in the Kingdome. Insomuch that whereas every needy Artizan if he be free of any Corporate Town or City, every Cottager that dwelleth in an antient Burrough, and every Clown which can lay claim to sorty shillings per An∣num of free hold, either for life or of inheritance, hath a voyce in Parliament, either in person or by Proxie; and is not bound by any law but what himself consents to in his Representatives: the Clergy only of this Realm (as the case now stands) being one of the greatest States of this Kingdom, as is acknowledged expresly in terminis by Act of Par∣liament p, are neither capable of place there in their personal capacities, nor suffered to be there in their Procuratours, as of old they were; nor have so much as any voice in choosing of the Knights and Burgesses which represent the body of the people generally. I know it hath been said in reply to this, that the Clergy may give voices at the election of the Knights and Burgesses, and that it is their own neglect if they do it not. But I know too, that this is only yielded unto such of the Clergy, as are possessed os Lands and Hou∣ses in those several places where such elections are to be made, and not then neither in most places, except it be to make a party for particu∣lar ends, especially where some good man or the

main cause it self is concerned therein: which as it totally excludeth the greatest part of the Clergy from having any voyce at all in these Elections, (the greatest part of the Clegy (the more the pity) having neither Lands nor Hou∣ses to such a value in fee simple) so it gives no more power unto those that have, than what of necessity must serve (I am sure occasionally it may) to their own undoing. For to say truth, those that give out that the Clergy may give voice at such elections, use it but as a shift for the pre∣sent turn: intending nothing less indeed (as hath oft been seen) than that the Clergy should be capable of so great a trust. The reason is, be∣cause there is not any Free-man of a City or a Cor∣porate town who hath a voice in the election of a Citizen to serve in Parliament, nor almost a∣ny Cottager or Free-holder who hath a voice in the election either of a Knight or Burgesse, but is di∣rectly eligible to the place himself. Of Citizens & Burgesses ••lected from the very meanest of the people, we have many instances, and shall have more according as they find their strength, and have received a taste of the sweets of Goverment. And for the choosing of the Knights of the seve∣veral Shires, it is determined by the Statutes that as 40 s. land of free-hold per Annumq, is e∣nough to qualifie a Clown for giving a voice at the election; so the same Clown if he have 20l. land per Annum is capable of being chosen for a Knight of the Shire, as appears plainly and ex∣presly by the Statute law. For though the writ

directed to the severall and respective Sheriffs prescribe a choice of duos milites gladio cinctos; yet we know well that by the Statute of King Henry 6. which is explanatory in this case of the Com∣mon law, such notable Esquires or Gentlemen, born of the same Counties, as shall be able to be Knights r, are made as capable as a dubbed Knight to at∣tend that service; and he that hath no more than 20 l. per Annum either in Capite or Socage is not only able by the law to be made a Knights, but was compellable thereunto even by the Statute-Law it self, untill the Law was lately altered in that pointt. And on the other side it is clear enough (for there have been of late some experiments of it) that though a Clergy-man be born an Esquire or Gentleman (for they are not all born ex fece Plebis, as the late Lord Brook u forgetting his own poor extraction hath been pleased to say) and though he be possessed of a fair Estate descended to him from his Ance∣stors, or otherwise possessed of some Lands or Houses in Town, Burrough, or City, whereby he stands as eligible in the eye of the Law, as a∣ny Lay-Gentleman of them all; yet either he is held uncapable, and so pretermitted; or if re∣turned, rejected at the House it self to his fowl reproach. It is a Fundamental constitution of the Realm of England, that every Free-man hath a voice in the Legislative power of Parliament: & it is an old rule in Politic••s, ••uod omnes tangit ab omnibus tractari debetx. Which being now deny∣ed to the English Clergy, reduceth to them to that

condition which St. Paul complains of; and make them no otherwise accounted of by the Common people, than as, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the filth and off-scowring of the world to this very day.

[ XII] 12. This tempts me to a brief discussion of a question exceeding weighty in it self, but not so much as thought of in this great disfran∣chisement, the slavery obtruded lately on the Eng∣lish Clergy: that is to say, whether that any two of the three Estates conspiring or agreeiug together can conclude on any thing unto the prejudice of the third. Bodinus that renowned States-man doth resolve it negatively; and states it thus, nihil a duobus ordinibus discerni posse, quo uni ex tribus incommodum inferatur, si res ad singulos ordines seor∣sum pertinetz, that nothing can be done by two of the Estates to the disprofit of the third, in case the point proposed be such as concerns them se∣verally. The point was brought into debate up∣on this occasion. Henry the 3d. of France had summoned an Assembly of the three Estates or Con∣ventus Ordinum to be held at Bloys, Anno 1577. (The form and order of the which we have at large described by Thuanus Lib. 63.) But find∣ing that he could not bring his ends about so easi∣ly with that numerous body, as if they were contracted to a narrower compass, he caused it to be mov'd unto them that they should make choice of 36, twelve of each Estate, quos•• Rex cum de postu∣latis decerneret in consilium adhibere dignaretura,

whom the King would deign call to counsail for the dispatch of such affairs and motions as had been either moved or proposed unto him. Which being very readily assented to by the Clergy and Nobility, who hoped thereby to find some favour in the Court, and by degrees to be admitted to the Privy Counsel, was ve∣ry earnestly opposed by Bodinus, being then Delegate or Commissioner for the Province of Veromandois, who saw full well that if bu∣sinesses were so carried, the Commons (which made the third Estate,) would find but little hopes to have their grievances redressed, their petitions answered.b And therefore labour∣ed the rest of the Commissioners not to yield unto it, as being utterly destructive of the Rights and Liberties of the Common people: which having done, he was by them intrusted to debate the business before the other two Estates, and did it to so good effect, that at the last he took them off from their resolution, and obtained the cause. What Arguments he u∣sed in particular, neither himself nor Thuanus telleth us. But sure I am that he insisted both on the antient customes of the Realm of France, as also of the Realms of Spain and England, and the Roman Empire; in each of which it was received for a ruled case, nihil a duobus ordinibus statui posse, quo uni ex tribus prejudicium creare∣tur, that nothing could be done by any of the two Estates unto the prejudice of the third.

And if it were a ruled case, then in the Parlia∣ment of England, there is no reason why it should be otherwise in the present times, the equity and justice of it being still the same, and the same reasons for it now as forcible, as they could be then. Had it been otherwise resol∣ved of in the former ages, wherein the Clergy were so prevalent in all publique Counsails, how easie a matter had it been for them either by joyning with the Nobility to exclude the Commons, or by joyning with the Commonalty to exclude the Nobles? Or having too much conscience to adventure on so great a change, an alteration so incompatible and inconsistent with the Constitution of a Parliament; how easily might they have suppressed the potency, and impaird the Privileges of either of the other two, by working on the humours or affecti∣ons of the one to keep down the other? But these were Arts not known in the former daies, nor had been thought of in these last, but by men of ruine, who were resolved to change the Government (as the event doth shew too clearly) both of Church and State. Nor doth it help the matter in the least degree, to say that the exclusion of the Bishops from the House of Peers, was not done meerly by the pra∣ctice of the two other Estates, but by the asse••t of the King, of whom the Laws say he can do no wrong, and by an Act of Parliament wherof our Laws yet say, quae ••ul doit imaginer chose disho∣nourable,

c that no man is to think dis∣honourably. For we know well in what condition the King was when he passed that Act, to what extremities he was reduced, on what terms he stood, how he was forced to flye from his City of London, to part with his dear Wife and Children, and in a word so over∣powred by the prevailing party in the two Houses of Parliament, that it was not safe for him (as his case then was) to deny them any thing. And for the Act of Parliament so undu∣ly gained, besides that the Bill had been re∣jected when it was first brought unto the Lords, and that the greater part of the Lords were frighted out of the House, when contrary un∣to the course of Parliament it was brought a∣gain; it is a point resolved both in Law and reason, that the Parliament can do nothing to the destruction of it self, and that such Acts as are extorted from the King are not good and valid, whereof we have a fair example in the Book of Statuersd.

"For whereas the King had granted certain Ar∣ticles pretended to be granted in the form of a Sta∣tute, expresly contrary to the Laws of the Realm and his own Prerogative and rights royal (mark it, for this is just the case) which he had yielded to eschew the dangers, which by denying of the same were like to follow:"

in the same Parlia∣ment it was repealed in these following words; It seemed good io the said Earls, Barons, and other

wise men, that since the Statute did not proceed of our free will, the same be void; and ought not to have the name nor strength of a Statute, and therefore by their counsail and assent we have decreed the said Sta∣tute to be void, &c. Or if it should not be re∣pealed in a formal manner, yet is this Act however gotten, void in effect already by a for∣mer Statute, in which it was enacted in full Parliament, and at the self same place where this Act was gained, that the Great Charter (by which and many other Titles the Bishops held their place in Parliament) should be kept in all points, and if any Statute be made to the contra∣ry, it shall be holden for nonee.

Notes

• a

  Bodin de Repub. l. 3. cap. u••t.
• b

  Aristot. Po∣litic. l.
• c

  Diodor. Sicu∣lus.
• d

  Caesar. de Bel ••o Gallico. l. 6.
• e

  Aelian in Va∣ria histor. l. 14. c. 34.
• f

  Syn••sius Ep. 57.
• g

  Agathias in hist. Perfic. l. 2.
• h

  Joseph. Ju∣daic. Antiqu. l. 14. c. 16.
• i

  Suidas in verbo 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• k

  Plutarch in Pericle.
• l

  Lib 8. cap. 8. sect. 3.
• m

  Caesar de Bello Gallico l. 6.
• n

  Cicero in O∣rat. pro Domo ••ua.
• o

  Rosin. An∣tiqu. Rom.
• p

  Livie hist. Rom. lib. 26.
• q

  Synes. Epist. 57.
• r

  Numb. 11. v. 16.
• s

  Exod. 18. v. 22.
• t

  Deut. c. 17. v. 8, 9.
• u

  Deut. 19. v. 17.
• x

  Joseph. adv. App••on. lib. 2.
• y

  Philo de vita Mesis.
• z

  Casaub Ex∣ercit. in Baron. 1. Sect 3.
• a

  2 Chron. 19. 5.
• b

  Ibid. r. 8.
• c

  Ezeck▪ 44. v▪ ••24.
• d

  Id. c. 8. v. 11.
• e

  Ezra c. 7. ••. 25.
• e

  Ezra c. 7. ••. 25.
• f

  Justin. hist. l. 36.
• g

  Tacit. hist. l 3.
• h

  Baron. Annal. ••n. 57.
• i

  Deschismat. Den••••••st. l 3.
• k

  Socrat. Eccl. hist. lib. 5. c. 1.
• l

  August. Confes. l. 6. c. 3.
• m

  Posidon. in vita August. c. 19.
• n

  August. in Psalm. 1: 8. serm. 74 & Epist. 147.
• o

  Id. de ope••e Monach c. 29.
• p

  Id. in Psal. 118. serm. 174.
• q

  Id. de opere Monach. 29.
• r

  Amb. Epist. 24.
• s

  Posidon. in vi∣ta August. c. 19.
• t

  Euseb. in vita Constant. l. 4. c. 54.
• u

  Amb. Epist. 27. lib. 5.
• x

  Ammian. Mar∣cel. hist. l. 29.
• y

  Socrat. Eccles. hist. l. 7. c. 8.
• z

  Theodoret. hist. Eccl. l. 2. c. 30.
• a

  Novel. 56. & in Append. ad Novel. 8.
• b

  August. Thu∣an. hist. lib. 2.
• c

  Id. ibid.
• d

  Aventini An∣nal. Bo••o••um. l. 5.
• e

  Paul. Aemili∣us hist. Franc. l 9.
• f

  An••••e du Chos••e. 8.
• g

  Thuan hist. sui temp. lib.
• h

  Bodin. de Re∣pub. lib. 3. c.
• i

  Concil. Tolet. VIII. Can. 10.
• k

  Gen. hist. of Spain. l. 14.
• l

  Id. lib. 11.
• m

  Id. lib. 9.
• n

  Id. lib. 10.
• o

  Id. lib.
• p

  Id. lib. 22.
• q

  Id. lib. 30.
• r

  Bonfinius in hist. Hungar. Dec. l. 1.
• s

  Id. ibid. De••. 2. l. 2.
• t

  Id. Decad. 2. l. 3.
• u

  Pontan in Doriae descript.
• x

  Id. in histor. Rerum Danic. l. 7.
• y

  Thuan. hist. sui temp. l. 56.
• a

  Thuan. hist. sui. temp. l. 56.
• b

  Id. lib. 131.
• c

  Camden in descript. Scotiae.
• d

  Coke on Li∣••l. 2. sect.
• e

  H. Spelman in Concil. p. 126.
• f

  Ap. eund. p. 402, 403.
• g

  Apud eund. p. 219.
• h

  Charta Whit∣lafii Mercio∣rum Regis ap. Ingulf.
• i

  Chart. Ber∣tulfi. Merc. Re∣gis ap. Ingulf.
• k

  Ingulfi Croy∣land hist.
• l

  Id ibid. p. 497 edit. Lond.
• m

  Id. p. 500.
• n

  Id pag. 501. & 502.
• o

  Rog. Hove∣den. Annal pars prior. p. 250.
• p

  Ap. H. Spel∣man in Concil. p. 630.
• q

  Camden in Brit.
• r

  Selden Ti∣tles of hon. part. 2. c. 5.
• s

  Ma••. Pa∣ris in Will. 1. An. 1070.
• t

  Stamfords Pl••es, l. 3 c. 1.
• u

  Ap Sel∣den. titles of hon. p••. 2. c. 5.
• x

  Stat. 25 Edw. 3. c. 5.
• z

  Spelm. concil. p. 402.
• modus te∣nendi Parlia∣ment.
• Matth. Paris in Hen. 2.
• a

  Id. in Ioh.
• b

  Pt. 2. c. 5.
• c

  Id. ibid.
• d

  Magna Charta cap. 1.
• e

  Matth. Pa∣tis in Henr. 3.
• f

  25 Edw. 1. c. 2.
• g

  28 Edw. 1. c. 1.
• h

  25 Edw. 1. c. 3.
• i

  Antiqu. B••itan. in Joh. Stratford.
• (k) In vita Gul. Court∣ney.
• l

  Matth. Pa∣ris in Williel∣mo 1.
• m

  Eadmer. hist. Nov. l. 2.
• n

  Malmesb. hist. reg. Angl. l. 5.
• o

  Hoveden Annal. pars poster. in Hen. 2.
• p

  Id. in Joh.
• r

  V. Titles of hon. pt. 2. c. 5.
• s

  Charta de Foresta cap.
• t

  Cambden in Britannia.
• x

  Antiqu. Brit. in Gul. Courtney.
• y

  Constitut. Othobon. fol. 45.
• z

  Antiqu. Britan. in Gul. Courtney.
• a

  Printed at London. 1628. p. 37.
• b

  Defence of the Apolog. pt. 6. c. 2. §. 1.
• c

  Matth. Westm. in Edw. 1.
• d

  Antiqu. Brit. in R. Winchelsey.
• e

  Walsing••, in Edw. 1. anno 1297.
• f

  Regist. Wa••ham.
• g

  Regist. Cranmer.
• h

  Statut. 8 Eliz. c. 17. & ever since.
• i

  Stat. 1 Phil. & Mar. c. 8.
• k

  Prer••g. & pract. of Pa••l. p. 38.
• l

  Concil. Hen. Spelm.
• m

  Matth. Paris▪ in Hen. 1.
• n

  Rog. Hov. in Hen▪ 2.
• o

  Matth. pa∣ris in Hen. 2.
• p

  Quadri∣log. ap. Selden Tit. of Hon. pt. 2. c. 5.
• q

  Magna Charta cap. 1.
• z

  Rotul. Parent. 26 Ed. 3. pt. 1. M. 22.
• r

  Modus te∣nendi Parl. M••.
• (s) V. Titles of hon. pt. 2.
• t

  Modus te∣nendi Parl. Ms. c. 12.
• u

  Preface to the 9th. part of Reports.
• x

  Titles of hon. pt 2. c. 5.
• y

  Extant ibid. pt. 2. c. 5.
• z

  Id. ibid.
• a

  Statur 21 R. 2. c. 2.
• b

  Ibid. c. 2.
• c

  Ibid. c. 12.
• d

  Proem ad articulos Cl••∣ri.
• Selden hist. of Tithes. c. 8. 33.
• e

  Fo••ma Brevis pro fammonit. Parliamenti.
• f

  Titles of hon. part 2. cap. 5.
• g

  Form a Brevis, &c.
• h

  Declara∣tion of the treaty P. 15.
• i

  Plutarch in Lyeurgo:
• k

  Bellarm. de Eccl. lib. 4. cap. 5.
• l

  8 Hen. 6. cap. 1.
• m

  In the Proem to the several Ses∣sions.
• a

  Cap. ult.
• b

  Grompton Iurisd. des. Courts. ca••.
• n

  Regist. Warham.
• o

  Antiqu. Britan. in initio.
• b

  Regist. Warham.
• p

  8 Eliz. c. 1.
• q

  8 Hen. 6. c. 7.
• r

  23 Hen. 6. 15.
• s

  1 Ed. 2. c. 1.
• t

  17 Car••l. c. 1.
• u

  L. Brook against Epis∣copacy.
• x

  And so acknowleged in a writ of Summons of K. Edw. 1.
• z

  Bodin. de Rep. l. 3. c. 7.
• a

  Thuanus in hist. temp. l. 63.
• b

  Bodin. de Rep. l. 1. c. 7
• c

  Plowden in Commen∣tar.
• d

  15 Ed. 3.
• e

  42 Ed. 3. c. 1.