Episcopal INHERITANCE.  
OR A REPLY To the Humble EXAMINATION of a Printed ABSTRACT OF THE ANSWERS TO NINE REASONS OF THE house OF COMMONS Against the Votes of BISHOPS IN PARLIAMENT.  
ALSO A Determination of the late Learned and Reverend BISHOP of SARUM Englished.  
DEUT. 32. 7. Remember the days of Old, consider the years of many Generations: (of Generation and Generation) ask thy Father, and he will show thee, thy Elders, and they will tell thee.  
OXFORD Printed by Leonard Lichfield. Anno 1641.   

To the READER.  
IN the Examiners answer, there is littlemateriall, if once the principal doubt be cleared, whether Bishops had anciently votes in Parliaments, and were Barons, or that which is equal, or superior unto Barons, being accounted Thanes, in the times of the Saxons, before the Conquest, which I hope is so fully cleared in thisfollowing discourse, as there will be little question remaining. Though Parliaments began as our Histories show, long after the Conquest, in this manner, as now they are held, yet they had Assemblies, (Gemotts) of the Estates and principal Nobility, whereof the Bishops and Clergy were always an eminent party according to the laws and custom of those times, and eqnivalent in authorityto our Parliament: They hadseverall Gemotts: as the first was.  
Wittena-gemot, idem apud Anglo-Saxones fuit, quod apud nos hodie Parliamentnm: parumque à Folemoto differebat, nisi quòd hoc annuum esset, & è certis plerunque Causis, illud ex arduis contingentibus, & legum condendarum gratia, ad arbitrium Principis indictum.  
In Folemoto semel quotannis sub initio Calendarum Maij (tanquam in annuo Parliamento) convenere Regni principes, tam Episcopi, quam Magistratus, liberique homines. Jurantur laici omnes coram Episcopis in mutuum foedus, in fidelitatem Regis, & in jura Regni conservanda. Consulitur de communi salute, de pace, de bello, & de utilitate publica promovenda.— &c.—  
Scire-gemot (si pluries opus non esset) bis solummodo in anno indicebatur: aderat provinciae Comes; aderat Episcopus: aderant Magnates omnes Comitatenses. Episcopus jura divina enuntiabat, & vindicabat Comes secularia; alter alteri auxilio. De Causis hîc cognitum est tam criminalibus quàm civilibus, tam Ecclesiasticis quàm Laicis; sed jurisdictiones postea separavit Gulielmus primus.— &c.— many other Gemots and meetings they had; but in all these public Gemots, the Clergy were principal members, as appears by the laws of King Edgar. cap. 5.— Gemottis adsunto, loci Episcopus: & Aldermannus, (hoc est Comes) doceatque alter jus divinum; alter seculare. Thus the learned Glossary showeth, out of whom it was necessary to show the several assemblies then in use, that we would not contend about the French word Parliament, which came in use, about the time of King Henry 3. but whatsoever their Assemblies were, the Bishops were always principal Members thereof: and though once in 25. Edward 1. there is mention of a Parliament at St Edmundsbury, where the Clergy were excluded for denying of money, (which they refused to grant by reason of a prohibition from Pope Boniface in regard of many Levies lately raised upon the state ecclesiastical.) As of later times there was a Parliament once held without Lawyers in the 6. of Henry 4. at Coventry as both our histories do testify, and also the Kings writ directed to the sheriff, whereof the words are,— Nolumus autem quòd tu seu aliquis alias Vicecomes Regni nostri praedicti, aut Apprenticius, aut alias homo ad legem aliqualiter sit electus.  
Unde Parliamentum illud Laicorum dicebatur & indoctorum, quo & jugulum Ecclesiae atrociùs petebatur, as a learned author saith: Yet I hope, (notwithstanding the inconsiderate zeal of this Examiner) our Histories shall never be blemished with such a reproach, as to report the loss, or defect in Parliament of either learned Clergy, or Lawyers, to direct and assist in whatsoever matters are proper to their faculties, and the public welfare of the kingdom.   

ERRATA.  
PAge 4. Margin for Haupan read Eanham. p. 21. l. 27. for not, r. now. p. 23. l. 6. for slighted, r. settled. p. 27. l. 3. for Emperor, r. Empereur. p. 29. l. 27. for Rawlie, r. Ralegh. p. 33. l. 29. for Aldermann, r. Aldermannus. p. 38. l. 2 for sequentur, r. sequerentur.   

A REPLY to the Humble EXAMINATION.  
1. THAT the BISHOPS and principal Clergy were always of great authority in our commonwealth, especially for making of laws, and constitutions of all kinds, is manifest, by all the laws themselves of the Saxon Kings for the first 500 years before the Conquest: wherein they first testify that the laws were made by the consent, suffrage, and approbation of their Bishops, whom they do mention. So in the beginning of the laws of King Ina:— Ego Ine Dei 
Lambard. p. 1. Concil. pag. 186.  gratiâ West. Saxonum Rex, exbortatione & doctrinâ Cenredes patris mei, & heads Episcopi mei, & Erchenwoldes Episcopi mei, & omnium Aldermannorum meorum, & Seniorum,— Constitui— so in 
Lambard. p. 57 Concil. p. 402.  the beginning of the laws of King AEthelstan, Ego Adelstanus Rex consilio Wlfelmi Archiepiscopi mei, et aliorum Episcoporum meorum, mando praepositis meisomnibus— Likewise in the laws of King Edmund.  
Edmundus Rex congregavit magnam synodum, Dei ordinis & seculi, apud London civitatem in sancto 
Concil. pag. 423.  paschae solenni, cui interfuit Odo, & Wulstanus Archiepiscopi, & alij plures Episcopi.  
The same appears, by the subscriptions to the laws, by the Bishops and principal Clergy of their several times, which is so frequently to be observed in the first Tome of our English counsels, that I will forbear particulars.  
II. Likewise for their dignity, order and condition, the Clergy were reckoned, and accounted equal with the best, as appears by the laws of divers Kings, and first, of the first christian King Ethelbert, who, in his laws, doth provide in the first place for their rights and privileges; and what satisfaction shall be made for any wrong done to the Church, or Bishops, or Clergy.  
Quicunque res Dei vel Ecclesiae abstulerit duodecimâ 
Concil. pag. 127. Bed. lib. 2 cap. 5.  componat solutione.  
Episcopires' undecimâ solutione.  
Sacerdotis res, nonâ solutione.  
Diaconi res, sextâ solutione.  
Clerici res, trinâ solutione.  
Pax Ecclesiae violata duplici emendetur solutione.  
Volens scilicet tuitionem eis, quos & quorum doctrinam susceperatpraestare. saith Bede.  
These being the first laws of our first Christian King, they ought to be reverenced for their antiquity, piety, and Christian justice in rendering to every man his own due, though now some men talk, not only of taking away superfluities, but of cutting up both root and branches. O tempora! O Mores!  
And afterwards, about the time of King withered, there were laws made.  
Quomododamna, & injuriae, sacris ordinibus illa.. 
Concil. pag. 206.  ta, sunt compensanda.  
as often elsewhere in the counsels, many laws do ordain, what satisfaction shall be given to the Church and Bishops, forseverall offences committed; 
LL. Ed. Confess. cap. 31. Decanus Episcopi reliquas decem partes habeat.  for than they had a great part in all fines, and mulcts, together with the King.  
III. Further, for point of honour, and dignity, it appears by the laws of King AEthelstan, that every Archbishop was equal to a Duke of a Province: Every Bishop to an Earl, and so esteemed in their valuations. Vid. LL. AEthelst. Regis apud Lambardum. pag. 71. & Concil. Britan. pag. 405. cap. 13. de weris seu wergildis. 1. capitum aestimationibus.  
The title of Baron was not then known or used among the Saxons, but they called the Nobility Thanes. Vid. LL. Inae. pag. 187.§. 9 and the Bishop was equal (or rather superior) tothe Thanus Major. And the Priest to the Thanus Minor. The Bishop and Earl are valued at eight thousand thrymses. Messetheines and Woruldtheines, id est, presbyteri & secularis Thani duo millia thrimsa. Missae 
LL. AEthelst. pag. 406.  presbyteri, & secularis Thani jusjurandum in Anglorum lege reputatur aeque sacrum.— and sacerdos Thani rectitudine dignus est. The Priest was then accounted equal to a Knight, or Lord of the town, and was commonly styled by the name of, Sr, as a Knight was, though now it be derided, and out of use.  
Out of these laws, and some others doth the learned Antiquary, who is so well versed in the antiquities, and monuments of our laws and kingdom, fully set down the ancient dignity, and order of the Clergy.  
— Magno sane in honore fuit universus clerus, 
Epist, ad Regen.  cùm apud populum, & Proceres, tùm apud ipsos Reges Anglo saxonicos, nec precariâ hoc quidem concessione, sed ipsis confirmatum legibus. Sacerdos ad altare celebrans minori Thano (1. Villa Domino atque militi) aequiparabatur, in censu capitis pariter aestimatus 
Tum in vita tum in funere. Concil. Haupam. pag. 515.  pariterque aliàs honorandus: quia Thani rectitudine dignus est, inquit lex. Abbas five coenobiarcha inter Thanos maiores (quos Barones Regis appellârunt posteri) primicerius fuit. Episcopus similiter inter comites ipsos maiores, qui integro fruebantur comitatu, juribusque comitivis. Archiepiscopus Duci & Satrapa amplissime provinciae pluribus gaudenti comitatibus praficiebatur. Vt & caeteriomnes Ecclesiastici comparibus suis omnibus secularibus. Amplectebantur siquidem Reges universum clerum laetâ front et ex eo semper sibi legebant primos à conciliis, primos adofficia Reip: obeunda; quippe sub his seculis apud ipsos solùm erat literarum clavis et scientiae. (dum militiae prorsus indulgerent Laici) factumque est interea, ut os sacerdotis oraculum esset plebis, os Episcopi oraculum Regis et Reipub: primi igitur sedebant in omnibus Regni comitijs et tribunalibus Episcopi. In regali quidem Palatio cum Regni Magnatibus; in comitatu unà cum comite et Iustitiario comitatûs; in Turno vicecomitis cum vicecomite: in Hundredo cum Demino Hundredi: sic ut in promovenda iustitia usquequaque, gladius gladium 
LL. Ed. Conf. cap. 3.  adjuvaret. Et nihil inconsulto sacerdote (qui velut saburra in navi fuit) ageretur. Mutavit priscam hanc consuetudinem Gulielmus primus.— &c.—  
IV. After the Conquest William the first divided the ecclesiastical Courts from the secular, not with a purpose to diminish the Ecclesiastieall authority. Imò jureiurando confirmavit leges sancta matris 
LL. Guliel. in prooem.  Ecclesiae, quoniam per eam Rex et Regnum solidum subsistendi habent fundamentum.  
Yet the Bishops and Clergy do not now expect or desire to enjoy their ancient splendour, amplitude, and dignities, seeing the greatness of their Revenue, which should uphold the dignity, is long since taken away: so that well might Bishop Latimer, in his Sermon before King Edward, say,— We of the 
1. Sermon.  Clergy had too much; but that is taken away, and now we have too little.] for there was no less in the whole taken from them, than many hundred thousands sterling, too incredible to be here briefly expressed. I will only mention one, for example: the Arch. Bishopric of York, from which was taken 72 Manners and Lordships at one instant, by one of the last statutes of Hen. 8. and the like happened to Canterbury, 
37. H. 8. cap. 16.  London, Lincoln, and all the rest: which, methinks, should be enough to satisfy, that menshould not go about to strip them of those poor pittances that are left unto them, being but small fragments in comparison of their ancient Patrimony, which the liberality and piety of the Primitivetimes had conferred onthem, when charity and piety was fervent and abounded with good works of all kinds: in so much that they thought no honour, or respect too much to be given to the Clergy, especially to the Reverend Fathers and Bishops of the Prime order.  
V. From what hath been said, it is manifest, that the Bishops were equal to the greatest persons and estates of the kingdom, and had their votes and suffrages for making laws and constitutions for the first 500 years, before the Conquest. Whereby it appears, that it is a very rash and ignorant assertion 
pag. 42.  oftheexaminer. [That Bishops at first were but casually mounted to that height of extent andpower by William the conqueror, themoreto endear and oblige them.] And that it is only of grace that Bishops 
pag. 43.  werefirst allowed place in Parliament.] And that they crept in by favour to serve aConquerours turn— 
pag. 44.  and can derive no higher for sitting (as now they do) inthehouse of peers, than an Act of Parliament, if so high.] Whereas it is manifest by all the laws of the Saxon Kings both in the edition of Lambard, and of the English counsels, that the Bishops were the principal men in all ages, for ordaining of laws and constitutions, in all the great Assemblies of the kingdom, then in use. And when matters, in question, were only ecclesiastical concerning the Church, and Religion, the Clergy sat by themselves, but when there was any thing to be given and confirmed to the Church, than the Kings and Nobles did afford their presence and assistance, as appears by divers counsels. Vid. Concil. cloveshoviae. pag. 230.  
VI. As for the title of Baron in that sense as it is now understood, it came among us, since the Conquest; as the learned Glossary showeth. pag. 81. Ad Anglos pervenisse videtur vocabulum, Baro, vel cum ipsis Normannis: vel cum Edovardus confessor auras moresque imbibisset Normanicos.— Huntingtoniensis aevi sui vocabulum usurpans, Histor: lib. 5. Adolwaldum (qui occisus est An: Dn: 903.) Baronem Regis Edwardi senioris vocat: sed Author antiquior Florentius Wigorniensis, eundem ministrum Regis appellat, quo etiam vocabulo scriptores ipsi Saxonici passim usi sunt. So, in the Saxon counsels and charters, divers great men, who were no less than Thanes, do stile and subscribethemselves, Ministros Regis: as in the charter of Edgar: page 486.  
Ego Oswolde minister confirmavi.  
Ego Elfwurde minister corroboravi.  
And the like frequently occur. These being the same in degree and substance, as Barons are now. Whereof the learned Glossary maketh three sorts. Hodiernos itaque nostros Barones è triplici fonte triplices faciamus.  

1. Feodales, seu praescriptitios, qui à priscis feodalibus Baronibus orundi suam hodiè praescriptione tuentur dignitatem.  
2. Evocatos, seu Rescriptitios, qui brevi Regio evocantur ad Parliamentum.  
3. Diplomaticos, qui Regio diplomate hoc fastigium ascendunt.   
Feodalium origineminter eos collocavero quibus Willielmus senior Angliam totam dispertitus est, de se, tenendam, quorumque nomina in Domesdei paginis recognovit.  
Rescriptitios' ab aevo Regum Iohannis & Henrici tertij caput extalisse censeo.  
Diplomaticos initium sumpsisse perhibent sub Richardo secundo qui anno regni sui 8. (1. Christi. 1387.) Johannem Beauchampe de Holte, in Baronem de Kiderminster suo erexit diplomate.  
Now the Bishops may be reckoned, both as feudal Barons, in regard of their estates, and Baronies annexed to their bishoprics: And also they are, Evocati summoned, as Barons, and principal persons by the Kings writ unto Parliaments. But so were not all the feudal Barons— quorum ingens erat multitudo, quae plus minus 30000. millia, nullo lecto convocari poterat. Saith the learned Antiquary, page 79.  
And, as not all the feudal Barons, so not all the Abbots, and Priors, but a convenient number, sometimes more, and sometimes less: as in 49. Henr. 3. there were called to Parliament, one hundred and two, besides five Deans: Anno 1. Ed. 2. there were 56. Abbots; Anno 4. Ed. 3. about 33. and at other times more, or less, yet not so few as the Examiner relateth out of Sr Ed. Cook, (page 33.) who though he wereagreatmaster of Law, yet in matters of Antiquity must yieldtothe author of the Glossary. Whom you may consult, page 4.  
VII. The Examiner might have done well to have observed this distinction, and difference of Barons; it being extant so long since, before he had taken the boldness to talk so poorly of the Baronies of Bishops, to whom William the conqueror did not add much to endear them. For he restrained them in many things, using the power of a conqueror, and took away much from them. For before his time they had part in fines and mulcts, and power of coining money, as appears by the laws of king AEthelstan, de monetariis. pag. 399. and many other places. But these were soon after reserved to the crown, as principal prerogatives. And till the council of Clarendon, under Hen. 2. the Clergy and Bishops enjoyed many more freedoms and privileges, which then were abated, and much diminished; about which contention Thomas Becket opposed the king, which the learned Glossary showeth. page 82  
Episcopi autem barones dici videntur propter nominis dignitatem, non quòd vassalagium pendebant, aut seculare servitium: Hoc enim nostratibus jugum injecit amnium primus Willielmus senior. An. Grat. 1070 ut in eodem tradit Matth. Paris. Auxit magnopere Willielmus junior ut in historiola Ducum Normania & in LL. Edwardi confess. c.11. Sed post varias Collectationes aterno rebore domùm confirmavit. Henr. 2. Anno Dom. 1164. in magno concilio. Clarendonia habito, praesidente eidem ex ipsius mandato sacellano suo Johanne de Oxonia, praesentibusque Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus & Baronibus Regni in hunc tonorem.  
 
So that the Bishops, besides that they are called by the kings writ to Parliament, and thereby have the same right, that others have, yet since the Conquest they may be reckoned also among the feudal Barons, 〈…〉 — ejus in respect de leur possessions. S. L' ancient Barones annexes a leur dignites.  
Whereas therefore the Examiner saith. pag. 45. [albeit the Bishops are usually said to hold of the king per Baroniam. Yet this happily may be meant rather of the Honour affixed to their places, which works it up into a dignity, then of the lands pertaining to them.] This is but gross ignorance; for like feudal Barons suas sortiuntur Baronias solâ fundorum in vestitur â. In like manner, I take it, as the Earls of Arondell, both formerly and of late, being possessed of the Castle of Arondell, Honour, and signory, without other consideration, or creation to be an Earl, became Earls of Arondell, and the name, state, and Honour of the Earl of Arondell peaceably enjoyed. As Cambden relateth out of the Parliament Rolls, in 
Page 309  Sussex.  
VIII. Further the Examiner saith, that the Bishops ought not to have the same legislative power, as the temporal Barons, because these are for their sons and heirs, and the others for their successors only.  
This objection is frivolous; because the Bishops are as careful for the preservation of the public, wherein standeth the safety of themselves and their successors, as any temporal Lords can be, and perhaps the more, because temporal Lords do often fall into great wantand poverty, selling sometimes thevery head of their Baronies, and so may become very obnoxious, and also ambitious to recover and raise themselves to higher Honours, titles, or offices: whereas the Bishops move not much higher, though they may get a better bishopric, which is not so great a temptation, asto make them forget themselves, or the trust reposedin them, but rather lays a greater obligation on them.  
Ix.. Lastly whereas the Examiner saith; [the Bishops 
Page 45.  are Barones eleemosynarij, and would thence infer, that they are but as arbitrary almsmen, like the poor Knights of Windsor which may be abated, or taken away at pleasure.]  
This is but a spiteful inference upon the bare word, eleemosyna without the truesense of it. For as the learned Glossary showeth.— [Barones eleemosynarij apud Stanfordum, & in jure nostro dicuntur Archiepiscopi, Episcopi, Abbates, & Priores qui praedia suae Ecclesiae à Rege tenent per Baroniam: Baronias enim suas ex eleemosyna regum perhibentur accepisse, licèt ipsa praedia aliorum saepe munificentiâ consecuti fuerint.] And sometimes, not only by the gift of other noble persons, but also themselves, did buy, and purchase many manors and Lands, conferring them on their successors, & being so bought, they cannot in justice be taken away, as if all had been given by the King and others, as mere alms.  
X. Further, it is not to be forgotten, that the Kings and benefactors, who gave lands, didlay heavy burdens, curses, and imprecations upon any that should everattemptto alilenate them. And touching the nature of these curses and imprecations, when lands are thus devoted unto God, much might be said to affrighten any one from attempting it. Levit. 27. 28. No devoted thing might be sold, or redeemed; every devoted thing is most holy unto the Lord. For when things are once promised, consecrated, and confirmed unto God, it is not afterwards lawful to take them away: as peter told Ananias. Acts 5. Who had given (or at least made a show to give) the price of his land, as other zealous christians then did to pious uses:— Why 
Vers. 3, 4.  hath Satan filled thy heart to lie unto the holy Ghost, and to keep back part of the price of the land? Whiles it remained was it not thine own? And after it was sold was it not in thine own power? But after he had given it, than it was not in his own power to resume, or detain a part. This text deserves well to be considered on, before men proceed to arbitrary resumption of things consecrated to pious uses.  
XI. Butconcerning the legislative power and votesof Bishops in making laws, to regulate the commonwealth, and to preserve peace, and justice 
Concil. 402.  among all sorts of men: there is not to be forgotten, an ancient law of king AEthelstan. That worthy king in his laws hath one, chapter. 11. De officio Episcopi, & quid pertinet ad officium ejus.  
Episcopo jure pertinet omnem rectitudinem promovere, Dei scilicet ac seculi imprimis debet paeem ordinatum Dei instruere, quid ei jure sit agendum, & quid secularibus iudicare debeant. Debet enim sedulò pacem & concordiam operari cum seculi iudicibus qui rectum velle diligunt, & incompellationum adlegationem docere, ne quis alij perperàmagat in jurejurando, vel in Ordalio.  
Nec pati debet aliquam circumventionem injusta mensurae, vel injusti ponderis, sed convenit ut per consilium & testimonium eius omne legis scitum, et Burgi mensura & omne pondus, ponderis sit secundum dictionem ejus institutum, valde rectum.  
Ne quis proximum suum seducat pro quo decidat in peccatum. Et semper debet Christianus providere, contra omnia quae praedicta sunt; & ideo debet se magis de pluribus intromittere; ut sciat quomodo grex agate, quem ad Dei manum custodire suscepit, ne diabolus eum laniet, nec malum aliquid superseminet.  
Nunquam erit populo bene consultum nec dignè Deo conservabitur, ubi lucrum impium & magis falsum diligitur. Ideo debent omnes amici Dei quod iniquum est evervare, quod justum est elevare; non patiut propter falsum & pecuniae quaestum se forisfaciant homines erga verè sapientem Deum, cui displicet omnis iniustitia.  
Christianis autem omnibus necessarium est ut rectum diligant, & iniqua condemnent, & saltem sacris ordinibus evecti, iustum semper erigant, et prava deponant. Hinc debent Episcopi cum seculi judicibus interesse iudicijs, ne permittant si possint, ut illius culp â aliqua pravitatum germina pullulaverint.  
Et sacerdotibus pertinet in suà diocesi, ut ad rectum sedulo quemcunque juvent, nec patiantur si possint, ut Christianus aliquis alij noceat, non potens impotenti, non summus infimo, non praelatus subditis, non dominus hominibus suis, vel servis aut liberis, molestus existat; et secundùm Episcopi dictionem, et per suam mensuram convenit, ut servi testamentales operentur super omnem Sciram, cui praeest.  
Et rectum est, ut non sit aliqua mensurabilis virga longior quàm alia, sed per Episcopi mensuram omnes institutae sint, et exequatae per suam diocesim. Et omne pondus constet secundùm dictionem eius; et si aliquid controversiarum intersit, discernat. Episcopus.  
Et uniuscuiusque, domini necesse proprium est, ut compatiatur, et condescendat servis suis, sicut indulgentiùs poterit, qui à domino Deo empti sunt, aeque chari servus et liber, et omnes codem praetio redemit: et omnes sumus Dei necessariò servi, et sic judicabit nobis siout antejudicavimus eis quibus judicium super habuimus in terris.  
It is manifest hereby, that by the ancient laws of this kingdom, what trust, charge, and care is reposed in the Bishops, not only to direct matters ecclesiastical, but also to assist, rule and guide temporal affairs, to preserve peace. Justice, upright dealing just and true administration of several offices and duties, whereby religion is much advanced and adorned, when men are honest and upright in their actions, contracts, bargains, andcivill dealings amongthemselves. So that they may not clash, or oppose Religion, or such Acts, as have special relation to Religion: for all public Statutes, Acts, and Constitutions for the most part do in some degree more or less, trench upon Religion, and the furtherance, or hindrance thereof. So that they can hardly beduly and rightly enacted and framed, without the advice, counsel, & assistance of Bishops & the Clergy.  
XII. And though some Canons may seem to forbid the Bishops and Clergy to intermeddle with secular affairs, yet that is not absolutely forbidden, but in a qualified sense, as in the famous council of Cloveshoe, under Cuthbert Archbishop of Canterbury. An. 747. Canon. 1. negotijs secularibus plus quàm Dei servitijs, quod ab sit, subditus existit. To attend secular affairs more than spiritual, and to be wholly employed and conversant in temporal matters, without due regard to the better part: but, it will not hinder sacred studies, nor the diligent preaching of the gospel, that some men at convenient times, have a charge and oversight of temporal affairs, and the carriage of public business. And concerning this see more, in Bishop Davenant's determinations at Cambridge. Quaest. 11. Civilis jurisdictio jure conceditur personis Ecclesiasticis.  
XIII. Thus much might serve for reply to the Examiner, especially upon the fift reason which I hold to be the only thing material in the whole discourse, for the rest will appear to be needless, if this be cleared. But if he would look back to former times, he shall find that our kingdom and government followed the ancient manner of God's own people of Israel: whose Ceremonies and rituals, though they now be abolished, yetthe general rules of justice, Equity, Government and Order, do still remain. And as God made the Priesthood then Honourable in the commonwealth, and committed a great part of the government unto them; so doubtlessenow underthe gospel, the Priesthood ought to be Honourable, and to have a principal part in the ruling and governing of the state and commonwealth. To be a Priest in Israel was to be a chief man. Levit. 21. 4. and therefore in all their Courts of justice, the Priests and Levites were chief men in authority for deciding of all causes, both in the great Court of Sanhedrim at Jerusalem, (which was a continuation of the 70. Elders, appointed by God himself: Numb. 11. and was answerable in authority to our Parliament) and also in the lesser Sanhedrims, forth government of cities in every Tribe, there were always two allotted of the Tribe of Levi for assistance, as Josephus showeth. Lib. 4. cap. 8. Antiquit. Oppidatim praesint septem viri probatae virtutis etiustitiae cultores: Singulis Magistratibus attribuantur duo Ministri de Tribu Levitica.  
And if these could not determine the business in question, thenthey did appeal to the Sanhedrim, at Jerusalem. When David was old and near his death, he appointed Solomon to be king after him, and caused a Parliament of all Israel to be assembled, wherein he gathered together, all the Princes of Israel with the Priests and Levites. 1. Chron, 24. 1, 2. In this great Parliament the Priests and Levites were not omitted, nor in any Court of justice in that kingdom. For as it is vers. 4. there were six thousand of them appointed Officers and judges throughoutthe land of Israel. Which is the thing that now many of our common people do much dislike, not well enduring a few justices of peace to be of the Clergy: whereas we have the example of David guided and directed by the spirit of God, as the text saith. 1. Chron. 28. 12, 13, 19 so disposing and ordering the Levites, that he appointed some for the outward business over Israel, for Officers and judges. A thousand and seven hundred were Officers of Israel on this side Jordan, in all business of the Lord, and in the service of the King. This text is very plain to prove that the same man may be employed in ecclesiastical matters of the Church, as also in the King's service. So verse. 32. David appointed two thousand and seven hundred chief Fathers to be Rulers of the Reubenites, Gadites, & the half Tribe of Manasses, who were beyond Jordan, for every matter pertaining to God, and affairs of the king. And cap. 26. 14. Zecharias a Levite is commended for a wise counsellor. But that now any of the Tribe of Levi should be counsellors, judges, or Officers, unto Princes is accounted, by some, an unlawfullthing, or at least, not very commendable: whereas we see by this very law and direction of king David, thatthe Levites might attend business belonging to the worship and service of God, and instruction of the people, as also the public service & affairs of the King and State. And so the Commentaries do affirm; as Lavater. in cap. 23. per civitates & provincias judicia Ecclesiastica & civilia exercuerunt.— Non omnes qui consolatione & doctrinâ indigebant potuerunt Hierosolymam venire, multi quotidie docendi et erigendi erant: fuerunt igitur passim qui eos docuerunt. Habuerunt autem illi sub se alios quoque. Vacabant sacris literis, alios instituebant, et causas juxta legem divinam decernebant. In cap. 24. sic Petr. Martyr. in 2. Reg. cap. 11.  
Neither will it hinderthe study of divinity or care of preaching the gospel, if some fit men be employed sometimes, in the government of the public: for the well ordering of the public, and preservation of peace and justice will more advance the gospel, and abundantly countervail some intermission of preaching, which cannot possibly be so continually attended, but that there will be some hindrances not only by sickness, and private businesses of ones family and estate, but also by public Meetings, Convocations, Synods, and such general Assemblies.  
Besides, the Commonwealth and Church is a mixed government, and consisteth of all manner of persons of infinitely several conditions and trades, and courses oflife, and seeing the Clergy are mingled among them, and infinitely entangled especially of late days, being made subject (which they were not before) to all temporal laws, suits, arrests, executions, imprisonments, impositions, taxes, charges, and subsidies; it is but reasonable that the Clergy should have some of their own tribe in place of judicature and office, to see the inferior membersdefended, and fair carriage showed to them. Aristotle saith lib. 3. polit. cap. 1. Civis nulla re aliâ magis definitur quàm participatione judicij ac magistratûs. Whosoever are citizens in a Commonwealth, meaning properly citizens, and of the better sort, (not labourers, porters, strangers, or aliens) they ought to have voice and suffrage, and to be capable of Magistracy and office, if they shall be found worthy and fit for it, by any excellent parts of learning, knowledge and wisdom. Wherein the Clergy have some opportunity to excel others, and often do go beyond the ordinary sort of men that are not bred up in learning, Arts, and Sciences.  
And as Sir Francis Bacon observes, out of the ancient Roman law, there belongs to every subject certain common rights and privileges, which cannot be taken from any of them. 1. Ius civitatis. 2. Ius connubij. 3. Ius suffragii. 4. Ius petitionis, or Ius Honorum. These four ordinary rights and freedoms, are by the customs and original principles of human societies due to all citizens of quality, such as ever the Clergy have been esteemed, and still ought to be, if men will profess themselves to be true Christians indeed, and to honour the messengers and ambassadors of our Saviour Christ, whom he hath appointed to instruct and govern his Church and people. The Pope deprived his Clergy of the two former rights, by accounting them separate and exempt from the common laws of all kingdoms, and forbidding marriage to them. And now our zealous professors would deprive our Clergy of the two later privileges; the right of voice, and suffrage in all principal businesses: and the right of honour and office, whereof they would make them uncapable, and render them base, and equal only to the inferior multitude, and scum of the people.  
XV. If the Clergy might now enjoy those ancient privileges, which are mentioned in scripture, as Genes. 47. of Pharaoh; who in the time of famine and great extremity spared the Priests lands, and allowed them their portion, so that they sold not their lands, than men might talk of applying their studies and meddling with no common or worldly business. Artaxerxes the Persian king, (EZra. 7. 24.) commanded, that for all the Priests and Levites and Ministers of the house of God, it should not be lawful to impose toll, tribute, or custom upon them. Whereas now the Clergy being made subject to the most sort of payments, charges, and impositions in a greater proportion commonly then other men; it is but requisite, that some of the Clergy should have voice and suffrage in the laws, that are enacted for their government and taxation.  
XVI. Besides, the course of laws and government is not much altered from what was in those days, when holy Fathers spoke of wholly applying themselves to prayers and sacred studies, and diligent preaching of the gospel: as if they were to do nothing else, not so much as to provide bread, or necessaries for their families, for than they lived most part single, in colleges and Monasteries, and societies under the Bishops, where all provisions were made by Stewards and Officers, appointed, for the purpose, so that their cares in all those respects were lessened and abated much; that they might apply their studies only, and forsake all worldly business, which now they cannot forgo being secular and parochial Ministers, married men, and thereby charged with children and families; and also made obnoxious to all laws, suits, and impositions, without any exemptions or privileges. So that it is but a monastical, and in part a Popish fancy, to talk so much of applying their studies, and only preaching the gospel: for by many a writ and warrant from several Courts of justice, and Constables, they shall be hindered and commanded to attend secular and litigious proceedings, and answer to all bills of complaint, declarations, and vexations, that shall hinder their preaching and studies, more than a voluntary employment, at fit seasons, in some public Office.  
XVII. Further it is but a Popish opinion that Regimen Ecclesiasticum est distinctum à politico. 
De Rom. Pontif. l. 1. cap. 5.  Which Bellarmine maintains, (taking it for granted on both sides) only to advance the Papacy, above Kings and Princes, and to exempt the Clergy from secular authority. Calvin affirms as much. Instit. lib. 4. cap. 11.§. 1. but under correction, I take it to be a great error, though now it is the common idol of every man's fancy: because that in our kingdom (and so perhaps in most others) the Courts of justice are divided, the civil from the ecclesiastical: which yet I do not think was the ancient manner, nor to be the best course, though things be slighted, as now they are at this present, it is not safe to change; for in a Commonwealth, the Courts of justice that have been long settled, cannot easily be altered.  
XVIII. There is a discourse about Puritans, 
Pag. 29.  lately published by a Lawyer one Mr Parker, wherein he excepts against Calvin (and I think not amiss) in that he doth, according to the Popish grounds, maintain, that spiritual jurisdiction differs from temporal, because it proposeth not the same ends, but several, which by several means, may be better compassed: But (saith he) the spiritual Magistrate (as I conceive) can purpose no other end, than which the secular aught to aim at; for either the Prince ought to have no care at all, of the honour of God, and the good of men, and that which is the prime mean of both, true Religion; or else his ends must be the same, which the Prelate aims at, viz: to vindicate Religion by removing or correcting scandalous offenders. Secondly to preserve the innocent from contagion by the separation of of open offenders. Thirdly to prevent further obduration, or to procure the amendment of such as have trangressed, by wholesome chastisement. Thus he, and I think not much amiss, the scope and end of both, is the same; and as he saith, a little before in his discourse.— Clergy men being as well citizens of the commonwealth, as sons of the Church, and their cases importing as well perturbance of the state, as annoyance to the Church, there can be but one head, which ought to have command over both, and in both. It is manifest also, that many cases are partly temporal, and partly spiritual, and that scarce any is so temporal, but that it relates in some order to spiritual things, or any so spiritual but that it hath some relation to temporal things, so that the true subject of ecclesiastical and civil justice, cannot rightly be divided.  
I demand then, why should the Courts be divided? which was done first among us by William the conqueror. And why should not there be judges partly spiritual, as well as temporal in all Courts? (saving for the danger of innovation:) as it was anciently among the Saxons? or at least, why should not the supreme Court of justice, which is to give law to all other Courts, be well tempered, and mingled with all sorts of men, ecclesiastical and civil, the wisest, and choicest that can be found in the whole state, and kingdom? Why not Priests and Levites admitted into the number, as well as in the Sanhedrim of the Jewish commonwealth, which was equal to our Parliament, and was instituted by God himself? And I take it, there can be no just exception, but that our Christian Commonwealths may most safely follow the general Rules of policy and government, which God ordained among his own chosen people, without any imputation of Judaism. Now, among them, some of the Priests and Levites, were not only judges and Elders in their own cities, which were allowed them to the number of 48. in the whole but sat with the Elders of other cities, and were judges and Officers over Israel. 
1. Chron. 26. 29.  Yea, many things, by God's law, were wholly and chiefly reserved to the knowledge and sentence of 
Levit. 13. Num. 5. Deut. 21. 19 Deut. 21.  the Priests, as Leprosy, jealousy, Inquisition for murder, False witness and such like (which now among us for most part belong to the commonlaw) in which cases the people & Elders, were to consult the Priests, and take direction from them. And so Bertram: in his treatise de politia Judaica. cap. 9 doth make it manifest:— prorsus est extra controversiam judices municipales cujusque civitatis, ut vocantur, seniores suisse chiliarchos, centuriones, quinquagenarios, & decuriones, tot quot esse poterant in quâque civitate, ita ut ex illis Levitae quidam in praefectos assumerentur, si modò in ea aliquot erant Levitae; sin minùs ex proxima urbe Levitis assignata advocabantur.— And again in his cap. 10.— David in civili politia dicitur ex Levitis destinâsse Iudices & praefectos sexies mille. Ex Levitis Iudices & praefecti assumpti sunt hac ratione, ut primùm essent ex Levitis quidam, qui Assessores essent judicum ordinariorum & municipalium, qui seniores dicebantur: qui & aliquando de plano (ut vulgò lequuntur) judicarent de rebus levioribus, quales erant pecuniariae, vel soli, vel assumpto uno aliquo ex loci vel urbis senioribus: deinde ut essent etiam quidam alij qui judicatas res exequerentur; vel certe quod verisimilius est, qui assessores erant judicum ordinariorum, qui et ipsi de rebus pecuniarijs cognoscerent et judicarent, ipsamque rem judicatam exequerentur.— &c.— Ex eâdem familiâ adhibiti sunt, ad regendam Ecclesiam & ad politiam civilem gubernandam: ita tamen ut nulla esset utriusque politiae confusio & permixtio.— & cap. 11.— ad utrumque judicium (tam civil, quàm Ecclesiasticum) adhibiti sunt Levitae in praefectos, eodem videlicet modo, quo eos ad id muneris designaverat David. &c.  
Thus, and much more to this purpose, Bertram doth often throughout his book deliver his judgement that the Priests and Levites were judges in the civil Courts of justice, and not only in the ecclesiastical. To this Sigonius agreeth lib. 6 de repub: Heb. cap. 7. speaking of the Sanhedrim.— Inivere hoc Concilium Rex cum principibus populi, ac septuaginta senioribus populi & Pontifex cum Principibus sacerdotum, & scribis, id est legis doctoribus, ut perspicere liquet ex Evangelijs, ubi agitur de judicio Christi. Voco autem principes populi duodecim principes tribuum qui Regi assidebant. Seniores verò ipsos, quos dixi septuaginta populi seniores. Quare Joseph ab Arimath. Senator sive decurio Nobilis idem Concilij particeps fuit. Siquidem scriptum est, ipsum cum caeteris assensum damnationi Christi non praebuisse. Principes autem sacerdotum dico illos, qui vicenis, quaternis sacerdotum classibus seu vicibus singuli singulis praeerant: Scribas verò ipsos legis doctores quos Prophetas Josephus vocavit. To both these judicious Abbreviators of the Jewish government, the learned Reader, for his further satisfaction, may add the late excellent Annotations of C. L' Emperor upon the 11. chapter of Bertram cited before.  
Now, seeing David appointed no less than six thousand Levites for the outward businesses, it could not be but that many of them were employed in their secular and civil affairs. (Whereas now there is not one hundred of the Clergy employed throughout our whole kingdom, there being not above three or four justices of peace in a whole shire.) The Priests, the sons of Levi (saith God) shall come near, or forth (out of the cities where they were placed in every tribe) and by their word shall all strife and plague be tried. Remembering always that doubtful and weighty matters were reserved to the council of Priests and judges, that sat in the place, which the Lord did choose for the ark to rest in. If there come a matter too hard for 
Deut. 17. 8.  thee in judgement between blood and blood, cause and cause, plague and plague of matters in question within thy gates thou shalt arise and go upto the place, which the Lord thy God shall choose, and shalt repair unto the Priests, the Levites, and unto the judge that shall be in those days, and ask and they shall show thee the sentence ofjudgemene, and thou shalt do according to that which they of the place show thee, and shall observe to do, according to all that they inform thee: thou shalt not decline from the thing which they shall show thee, neither to the right hand nor to the left. And the man that will do presum ptuously in not harkening to the Priest, that standeth before the Lord thy God to minister there, or unto the judge, that man shall die.  
XIX. This council or Senate of the Elders residing at Jerusalem in Jehosaphat's time, (who no 
2. Chron. 19  doubt did not infringe, but rather observe the tenor of the law) consisted of Levites and of Priests, and of the heads of the families of Israel: and had Amarias the High Priest chief over them in all matters of the Lord, as Zebediah a Ruler of the house of Judah (Chief) for all the King's affairs; and was a continuance of the 70. Elders, which God adjoined 
Num. 11. 16.  unto Moses, to bear the burden of the people with him. And this Court cannot be better resembled among us, then to our Parliament; for there was but one council of that nature in the whole land of jury, and that consisting of some of the chiefest of every tribe; and they not only debated and concluded the highest affairs of that realm, as war, peace, appeals from all places, punishments of whole Cities and Tribes and such like; but also ruled and rectified all Cases omitted, or doubted in Moses law; and were obeyed throughout the land upon pain of losing goods, or life, or being forever excluded from the people of God, as they pronounced, or prescribed. Thus the Reverend and learned Bishop Bilson in his perpetual Govern: cap. 4. Besides, in every city there were private and peculiar Rulers (7. in number as Josephus saith) and also to every Magistracy in those cities, there was allotted two of the tribe of Levi for assistance, as Josephus 
Antiquit. lib. 4. cap 8.  witnesseth; and if these could not determine the business, thenthey did appeal to Jerusalem to the great Sanhedrim. Now, God appointed these offices and dignities, and power of judicature to the Priests and Levites, besides their attendance upon God's service, which they might persorme duly, intheir courses, and yet be helpful to the commonwealth, in government; for they did not neglect their principal duty to attend the sacrifices and service of God, and to instruct the people in the law of God, together with the duties of judicature and justiceto be performed in the commonwealth. Yea sometimes the principal judges, were chosen out of the tribe of Levi, as at the beginning of their commonwealth, Moses himself, the greatest Prophet and Prince that ever almost was among them: So after in succeeding times Eli the High Priest was the judge in his time: so Samuel a Levite. And also after the captivity of Babylon, for some five hundred years till the coming of Christ, the Priesthood had the greatest stroke in the government; as under the Macchabees, wherein they performed their duty very worthily: and it pleased God to make that family as victorious as any other almost, that ever governed that Commonwealth. As Sir Walter Rawlie saith. lib. 2. cap. 15. If thus it were among them, why then should any in these days be so much displeased that a Bishop, or a clergyman should have any part in the government of the commonwealth, or assistance of government, for the better ordering and directing of judgement, as to be counsellor to a Prrnce, as Zechariah the Levite was, or to be justice of peace in the country, who handles matters of Equity & good Conscience, for preserving of public peace, order, and quietness among neighbours, wherein happens many businesses that depend much upon the conscience of a justice, & the equitable rules of the scripture, whereof Clergy men are the most competent Interpreters. As also many causes happen touching the estates and persons of the Clergy, who have little reason to be subject only to secular judges, without some of their own tribe on the bench to see fair carriage and indifferent dealing.  
XX. Besides I cannot omit one passage in a late discourse, entitled. An Assertion of the Scottish government. Wherein the author cap. 3. makes his argument for ruling Elders thus.— Whatsoever kind of Officers the Jewish Church had, not as it was Jewish, but as it was a Church, the same aught the christian Church to have also, but the Jewish Church had Elders.— &c.— for Elders is not now my business, but it may be likewise inferred: But the Jewish Church, and commonwealth, had Priests & Levites, mingled and joined together, with the Princes of thetribes, in all civil courts of justice, and Assemblies of the state; therefore ought it to be so now in the Christian Church That it was so anciently among them, is sufficiently proved already, but especially when business concerned God & matters of religion, than the Priests and Levites were principal and necessary men to be employed: as may clearly appear by the doings of King David, about removing of the ark, to the place, that he had provided for it: Whereupon King James hath written a very pious and excellent meditation, pag: 81. upon the 1. Chron. 15. some of whose words I will here recite. When the ark of God 
2. Sam. 6.  (whereunto they sought not in the days of Saul) had continued long at Kiriath jearim; David out of his zeal and piety was moved to prepare a Tent for it, inthe city of David, and when he began to remove it, he called a great Assembly of principal men, but did not make that use of the Priests and Levites as he ought to have done, and therefore the Action prospered not, but there happened a terrible judgement upon VZZah, which hindered the progress of the good work, and David was afraid of 
1. Chron. 13. 12.  God that day, saying, How shall I bring the ark of God home to me? So the ark rested in the house of Obed Edom. But afterwards upon better advice David perceived his error, and he confesseth it. cap. 15. 12, 13. speaking to the chief of the Priests and Levites. Sanctify yourselves, both ye and your brethren that you may bring up the ark of the Lord God. For because you did it not at the first, The Lord God made a breach upon us, for that we sought him not, after the due Order.  
This was a great and a godly work, that was then intended, and therefore King David called a great Parliament about it: 1. of the Elders of Israel. 2. of the captains of thousands and hundreds, whose names and praises are recorded. 1. Chron. 11. 26. 3. the Priests and Levites, who did it not at the first. ver. 13.  
But now upon better advice, King David assembled with the first, the children of Aaron and the Levites: ver. 4. So that men of all Estates were now present in this godly work: This is to be marked well of Princes, and of all those of any high calling or degree that hath to do in God's cause: David doth nothing in matters pertaining to God without the presence and especial concurrence of God's Ministers, appointed to be spiritual rulers in God's Church. And at the first meant to convey the same ark to Jerusalem, finding their absence and want of their counsel hurtful: therefore he saith to them.— ye are the chief Fathers of the Levites. Because ye did it not at the first. Thus saith King James of blessed memory; but now there is a generation of men, who do not think the Clergy necessary men to be consulted: that will interpret scriptures, remove the ark, as it were, and do things without the presence, vote, and suffrage of the chief Fathers of the Levites: which how it agreeth with this pious example of King David, and King James meditation upon it, I leave to be considered, and submit to better judgements.  
XXI. The first frame of our English Commonwealth, was so fettled and ordered, by the Saxon Kings, when once they became Christians: That the 
Selden not. ad Eadmer. p. 166.  Bishop in his diocese, together with the Earl of the County (and so their deputies in inferior Courts under them) should be equal judges together upon the same Bench, in the same Courts, and there determineall causes: in the forenoon, Church-matters; and in the afternoon secular business. As Bishop jewel in part observeth, in his Defence of the Apology part. 6. pag. 522. This course continued, till William the conqueror, and perhaps it had been very happy for our Commonwealth, if the frame of our laws and Courts, had so still continued mingled together; for many reasons that I will not now insist upon.  
XXII. The conqueror first separated the temporal Courts, from the ecclesiastical, yet not diminishing the authority of the church's jurisdiction, which by his oath he confirmed, and promised 
Proeem. LL. Guil. 1.  to preserve, affirming quòd per Ecclesiam Rex & Regnum solidum habent subsistendi fundamentum.  
So that he subverted not the ecclesiastical power and jurisdiction, but as formerly in the County, or in the Hundred, so now in the Bishop's Court, all ecclesiastical causes were heard and determined: for the old manner the laws of King Edgar do show it. cap. 5. 
Glossar. p. 315 Lambard. p. 80.   
Intersit unusquisqueHundredi Gemoto; ut superiùs est praescriptum; & habentur burgemoti tres quotannis: duo verò scire gemoti; de istis adsunto loci Episcopus & Aldermanus, doceatque alter jus divinum, alter seculare. In Hundredo aderant Thani (quos baroves vocant posteri (ut patet è LL: Ethelredi. cap. 1. ipsique judices Ecclesiastici, cum partis illius clero: in Hundredo enim non minùs quàm in comitatu unà tunc agebantur, quae ad forum pertinent Ecclesiasticum, & quae ad seculare: donec Gulielmus Conquestor divisis jurisdictionibus hanc ab illa separavit.  
XXIII. For the Division of the Courts, and the erection of the ecclesiastical to sit by themselves, under the Bishop and Archdeacon, it appears by the Charter of King William to the Dean and Chapter of Lincoln. And although it be sent in the direction by name to them only, yet it seems, it grew afterwards to be a general law, no otherwise then the statute of circumspect agatis that hath a special reference only to the Bishop of Norwich: as Mr Selden relateth, in his history of Tithes. cap. 14.§. 1. in his Janus. lib. 2.§. 14. and in his not: ad Eadmer. pag. 167. The words of it, as they are recorded are.  
Willielmus gratiâ Dei Rex Anglorum Comitibus, vicecomitibus, & omnibus Francigenis, & Anglis, qui in Episcopatu Remigij Episcopiterras habent, salutem. Sciatis vos omnes & caeteri mei fideles, qui in Anglia authoritate praecipio, ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus ampliùs in Hundret placita teneant, nec causam quae ad Regimen animarum pertinet, ad judicium secularium hominum adducant, sed quicunque secundùm Episcopales leges, de quacunque causâ vel culpâ interpellatus fuerit, ad locum quem ad hoc Episcopus elegerit & nominaverit, veniat, ibique de causa sua respondeat, & non secundùm Hundret, sed secundum canon's & Episcopales leges, rectum Deo & Episcopo suo faciat. Which I the rather transcribe here, because also it seems togive the original of the Bishop's Consistory, as it sits with us, divided from the hundred, or County Court, wherewith in the Saxon's time it was joined: And in the same law of his is further added,— Hoc etiam defendo, ut nullus laicus homo de legibus, quae ad Episcopum pertinent se intromittat.— &c. Thus M. Selden.] only the words of the charter are more fully recited out of the Records, by another learned author.— Si verô aliquis per superbiam elatus, ad justitiam Episcopalem venire noluerit, vocetur semel, et secundò, et tertio: Quòd si nec sic ad emendationem venerit, excommunicetur. Et si opus fuerit, ad hoc vindicandum, fortitudo et justitia Regis, vel Vicecomitis adhibeatur. Ille autem qui vocatus ad justitiam Episcopi venirenoluerit, pro unaquaque vocatione legem Episcopalem emendabit. Hoc etiam defendo, et meâ authoritate interdico, ne ullus Vicecomes, aut Praepositus, aut minister Regis, nec aliquis Laicus homo de legibus, quae ad Episcopum pertinent, se intromittat, nec aliquis laicus homo alium hominem sine justitia Episcopi ad judicium adducat. Iudicium verò in nullum locum portetur, nisi in Episcopali sede, aut in illo loco, quem ad hoc Episcopus constituerit. And the punishment for disobedience to the ecclesiastical judges, was much alike as formerly was enacted under the Saxon Kings. As by King Alured. Si quis Dei rectitudines 
Con. p. 377.  aliquas disforciet, reddat Lashlite cum Dacis, Witam cum Anglis. And the same law is afterwards confirmed and renewed by King Canutus, & by other Kings; 
council p. 568. cap. 17.  whereby it appears how before the Conquest, and likewise after, for a long time, the authority and jurisdiction of the Church, was maintained and upheld by the settled laws of the kingdom. How they had power in their Courts, to excommunicate, and further by the help of the King, and the sheriff, to proceed against stubborn offenders and such asopposed, or contemned their authority; so that here is the present practice and law confirmed, by many hundred years' continuance.  
And this is according to that which Justinian saith of all spiritual causes in the novel. 123. si pro criminal: si Ecclesiasticum negotium sit, nullam communionem habento civiles Magistratus, cum ea disceptatione, sed religiosissimi Episcopi negotio finem imponunto. If it be an ecclesiastical suit, let the civil Magistrates have nothing to do there with that plea, but let the Bishops end it. Whereby it appears that Prohibitions from the temporal courts were not then allowable, which certainly came not into use, till after the council of Clarendon under Hen. 2. Wherein the Clergy were enforced to appear in the temporal Courts, one Canon thereof being.— Clerici accusati de quacunque re, summoniti à Iustitiario Regis, veniant in Curiam responsuri ibidem de hoc, unde videbitur Curiae Regis quid ibi sit respondendum, et in Curia Ecclesiastica unde videbitur, quod ibi sit respondendum. Ita quod Regis Iustitiarius mittet in Curiam sanctae Ecclesiae ad videndum quo modo res ibi tractabitur. Et si Clericus vel confessus, vel convictus fuerit, non debet eum de caetero Ecclesia tueri. But touching this and the rest of the Constitutions in 
Anno 1164.  that council Matth: Paris: doth sharply inveigh against them:— Hancrecognitionem sive recordationem de consuetudinibus et libertatibus iniquis et dignitatibus Deo detestabilibus, Archiepiscopi, Episcopi, et Clerus, cum Comitibus, Baronibus, et proceris juraverunt. And as he addeth. His itaque gestis potestas laica in res et personas Ecclesiasticas, omnia pro libitu, Ecclesiastico jure contempto, tacentibus aut vix murmurantibus Episcopis, potius quàm resistentibus, usurpabant. And this appeareth also by that which Mr Selden relateth in his notes upon Eadmer pag. 168. that long after in Ed. 1. time, the Clergy had so many oppositions and hindrances in their proceedings, from the temporal Courts, that they exhibited a petitionin Parliament, wherein they recitethe grant and Constitution of Will: 1. allowing them their own Courts by themselves, and specify their complaints particularly, which hecalleth, Gravamina Ecclesiae Anglicanae, and saith they arethose 
Vid. Selden.  mentioned in the proem of Articuli cleri. And in this age we have great cause to complain of Prohibitions, but whereof I will say no more now: as for the temporal Courts the conqueror appointed them to follow his Court royal, which custom continued for many years, till under King John at the instant request of the Nobility it was granted.— Vt communia placita non sequentur curiam (1. Regis) Sed in loco certo tenerentur. That the Courts of justice for common pleas should not follow the King's Court royal but be held in a place certain, as now commonly they are in Westminster Hall. Whereas before the Kings appointed one Grand-Lord chief justice of all England, who for his authority and power, was a greater Officer both of State and justice, than any in these last Ages, ever since that Office was diminished by King Ed. 1. and most of those great justices were Bishops, till at length the Pope forbade it.  
XXIIII. But the Courts being now divided in the kingdom many hundred years, the Ancient manner is forgotten and unknown, save only to the learned, and the scars of the Norman Conquest are so overgrown, that few men are sensible, what relics of slavery do still remain upon us, by changing the order of the Courts, the language of the law, in great part, with other things that I will not now mention. But being so settled by the Conqueror, and continued by his successors, the temporal Courts in process of time, grew too powerful for the ecclesiastical, and by their Injunctions and prohibitions stopped many proceedings, especially after the council of Clarendon. under Hen. 2. Wherein the power of the Clergy was much abated. And all ecclesiastical jurisdiction so crushed that it continued lame ever after: although the Clergy by appeals to Rome, did oftentimes help themselves, and much molest their adversaries. At length under Hen. 8. upon his breach with the Pope, the ecclesiastical jurisdiction was much abridged and restrained in very many particulars, and reduced to a narrow compass, becoming much more subject and obnoxious to the Injunctions, orders, and prohibitions of all the temporal Courts, that now I marvel that any should complain, or envy at their power or greatness, there being no cause of any value, or moment but by one order or other, isdrawne from them to the temporal Courts. And now at last there want not some, that would have all ecclesiastical Authority and jurisdiction, either wholly suppressed from the first Court to the last, or at least so abated, mingled, or changed that what form, or force of government shall be left remaining, seems very uncertain. But if Presbyteries and such like consistories of the foreign and new fangled devising were erected, there will follow great confusion and disorder to the infinite disturbance of peace and quietness in the kingdom, by alteration ofso many laws and customs, and of the common law itself, whereby the kingdom hath been governed so many years, and settled in peace, and all men's estates and lands held in certain possession. For such great and universal changes as will follow upon the dissolution of the Hierarchy, and taking away their votes in Parliament, and other eminent parts of government, will produce such ill events, and troublesome distractions, as will not be pacified within the compass of any man's life now in being.— Which I heartily pray God to prevent, and by his good spirit so to direct and bless the endeavours and counsels of the supreme Court of justice, now assembled, that all our fears and doubts may be quieted, and the voice of peace and truth restored to our dwellings.  
But because what I have formerly said, touching the uniting of the ecclesiastical and temporal Courts, may seem strange to many, I desire not to be mistaken, as if I persuaded any innovation or change of settled laws, and Courts of justice. Which would be a thing of dangerous consequence, that no wise man will advise, but leave all to the wisdom of superiors, to whom properly it belongs. Only I will add a few lines touching the ancient form and manner of government in the Empire, after that the Emperors became Christians from whom 'tis likely, the example was taken both among us, and in other kingdoms.  
XXV. Touching the division of the Courts temporal from the spiritual: though Will: the conqueror began the separation with us in England, yet there was the like done long before, even by Constantine the great the first Christian Emperor: who first gave leave to the Christian Bishops to meet in counsels, and to make Canons to govern the Church. canon's generalium Conciliorum (ut Isidorus 
Dist. 15. can. 1.  ait lib. 6. Etym. cap. 16.) à temporibus Constantini coeperunt. Inpraecedentibus namque annis, persecutione fervente, docendarum plebium minimè dabatur facultas. Inde Christianit as in diversas haereses scissaest: quia non oer at licentia Episcopis in unum conveniendi, nisi tempore supradicti Imperatoris. Although ever since 
Quae fuit plenaria Conciliorum forma.  the Apostles held their first council in Jerusalem, (Act. 15.) where they made certain Canons, for the pacification of the Church of Antioch, there were also some provincial counsels held by the Bishops, as the violence of persecutions would permit and suffer them to assemble, and the necessity of the Churches did require. As may be seen in the first Tome of the counsels before the great Nicene council was assembled by Constantine. Who being the first Christian Emperor, did greatly labour to settle and advance the dignity of episcopal government. And because he knew well, that superiority in the Church, without power and jurisdiction, was to little purpose. Therefore the good Emperor in his Christian zeal, enacted:  
Et si praecipuum Pontificis seu Episcopi munus est doctrinâ verbi populum moderari, tamen, quia non omnes dicto audientes sunt, nec ejusmodi persuasione ad disciplinam perduci, vel in officio retinere possunt, & superiorit as, in quasunt Ecclesiastici absque imperio & jurisdictione, non sat is habet nervorum & authoritatis; denique quoniam Ecclesia mater & cultrix est justity; Ideo Episcopis peculiaris quaedam jurisdictio Ecclesiasticae civili dignior in personas, & causas Ecclesiasticas legibus Imp: est attributa. &c.— ut jus dicant clericis— &c.  
And lest the Emperor in his Constitution, in these words, ut jus dicant clericis— should seem to keep short, and restrain the Bishops in their Audience, or Consistories, to clergymen only; there follows a praterea in the same title in the Code. De Episc. audient: not long after this, praeterea (saith the Emperor there) Ius dicunt laicis.  
XXVI. And as before the age of Constantine, for want of power in the Church, and the Assistance of the Christian Magistrate, the Bishops could not restrain, nor suppress the many heresies, & schisms that did arise in those first ages, most of which heresies were such as were fit to be beat down by authority, rather than by reason and argument, they being so impious, insolent, and blasphemous; so after his time, when he had settled the Bishop's authority, yet there being two courts, where did arise many differences and debates between the Bishops, and the secular judges of that time, touching cognisance of some causes, Justinian the Emperor made a law, like unto that circumspectè agatis of our King Edward 1. agreeing with it in substance of matter, and arising from the same ground, and pointing to the same end.  
The novel is thus— Si delictum sit Ecclesiasticum 
Novel. 83. cap. 10.  egens castigatione vel mulct â Ecclesiasticâ, Deo amabiles Episcopi hoc discernant; nihil communicantibus clarissimis provincia judicibus. Neque enim volumus talia negotia scire omnino civiles Judices, cum oporteat talia Ecclesiasticè examinari et emendari secundum sacras et divinas regulas, quas etiam sequi nostrae non dedignantur leges.  
XXVII. And further for the greatness of the Bishop's authority, it will appear fully, if we look upon the laws, as they lie concatenatae in the same title. Where it is said of the Bishops.— Cum sint ordinarij Iudices— and again, similes Praefectis Praetorio, and further. Ordinariè quoque procedunt. The linked Texts in that title of the Code, as they stand cited, do fully show the greatness of the Bishops Courts and Authority, when they are compared and said to be similes Praefectis Praetorio. Who were Illustres Iudices, and so styled in the law, they being indeed the most supreme judges in the whole Empire, there being but three in that spacious Empire. One in Asia, Praefectus Praetorio Orientis. Another in Europe: Praefectus Praetorio Illyrici. The third in Africa. Praefectus Praetorio legionibus et militiae Africanae. These civil Magistrates were respectively judges of the Causes, which the Emperor had translated from the Empire to the Church, which when the Emperor had done, and made the Bishops the same judges in the Church, as the Praefecti Praetorio were in the Empire before, it appears hereby fully, how great the authority of the Bishops and their Consistories were, wherein they were assisted by their vicars-generall, whom now we call chancellors (as a learned Civilian observeth) who are no upstarts in the world, rising out of the Bishop's sloth (as one, though otherwise eloquent and learned, miscalled them) but had their original from the Law itself.  
Touching whom, I will here say something out of the learned Civilians, because commonly their place and original is much mistaken by the ignorantly zealous people, who do now abound in the world, and think nothing lawful in government, unless there be express text of scripture for it: as if no calling, government, or subordination of Officers in the Church, were lawful, but what is expressly and fully set down in the scriptures, and no power or authority left in the hands of Christian Kings and Magistrates to appoint judges and Officers for Church. discipline, as well as for civil judicature.  
XXVIII. But to return: as the Praefecti Praetorio; quia illustres erant et antestabant caeteris dignitatibus, ideo habebant Vicarios suos in civilibus causis audiendis et terminandis: So were the Bishops then, and so are they now Illustres Iudices et antestabant et antestant caeteris dignitatibus in Ecclesia. For the Law parallels them in the Church with the chief judges in the Empire, as well in this, as in the rest of the parts of their Honour, wherewith the Emperor had honoured them, and the Law honours them at this day. Justinien's Code hath sundry laws some of his own, some of the Emperors before him, even from the days of Constantine the great, which show that Bishops, in their episcopal Audience, sat not without their chancellors; although their chancellors sat often without the Bishops, whose higher charge in Christ's Church permitted not the Bishop's presence in Court causes ordinarily. And though not under the name and title of chancellors, nor always vicar's generals, Officials, nor Commissaries, yet they had other titles, but the same offices. Ecclesiastici or Episcoporum Ecdici, as much as to say as Church-Lawyers, or Bishops Lawyers, professed Civilians, and Canonists of that age, the very selfsame Officers and Office that the Bishops vicars-generall than were, and now are. Who together with the Bishops then made, and do now make but one and the same tribunal and Consistory: their Commissions they held from the Bishops; but their jurisdiction from the Law. And the cause why the imperial power furnished the Bishops with these Officers, was, the multitude and variety of ecclesiastical causes, more in that age then now, the decisions whereof in their Consistories, being left to the Bishops, the Emperor doubted might have drawn them from prayer and divine exercises. And a second reason was, that the cause of the cognisance of their Courts, weremore likely to have thereby a more speedy, ready, and judicious trial before judges of the same learning, which require a whole man, then before judges of another, though an higher, requiring (as the Bishops pastoral office doth) a whole man too. And a third reason also may be added. Because that clerks suits, and quarrels should not be divulged and spread abroad amongst the secular sort, which trenched many times upon the whole profession, especially in capital matters, wherein Princes anciently so much tendered the Clergy, that if a clerk had committed an offence worthy of death or open shame, whereby he became perpetually infamous, he was not first executed or put to open shame, before he was degraded by the Bishop and his Clergy, and so was executed and put to shame not as a clerk, but as a laymalefactor, for the Honour and dignity of Priesthood. It were to be wished this order were retained still, that Clerks should not pass immediately, when they fall into such excesses, from the Altar, to the halter, but hang or suffer other shame without their Priesthood: which order if it were retained still, or might be restored, would much honour the Church and no whit derogate from the jurisdiction of the crown. But this, and whatsoever else is said here, I submit to the censure of superiors.   

A DETERMINATION OF A Question, made by the right Reverend, John DAVENANT, late Bishop of SARUM.  
QUAEST. 11th. civil Jurisdiction is by right granted to ecclesiastical PERSONS.  
IT is by the warrant of Christ 
Mat. 18. 18. 1. Cor. 5. 4. 2. Thess, 3. 14.  himself, that the Church doth claim and execute a spiritual jurisdiction in punishing the offences of her children. For it can admit an accusation against the inordinate courses of any Christian; and hath power to chastise him being by sufficient witnesses convicted, either by him the sacraments, or if he continue obstinate in his wickedness, by an utter exclusion of him from the fellowship and communion of other Christians. I know none so malignant, or unskilful in ecclesiastical affairs, that will deny this Authority, which indeed goes not beyond Excommunication, to have been conferred on churchmen from the beginning, by divine Institution. But in this our Church, Christian Princes have furthermore allowed the Clergy temporal authority; by virtue whereof they inflict civil punishments on heretics, schismatics, and other despisers of the Church. As also many sage and grave Divines are in divers places endowed with the public power of justices of Peace. Concerning this jurisdiction, let us inquire whether it may lawfully be granted to churchmen: which that it may lawfully be done, these following Reasons have induced me to believe.  
It is first to be considered, thatboth these jurisdictions 
Argum. 1.  tend to the same end of promoting justice and bridling vice; but with this difference, that that power 
2. Cor. 10. 4, 5, 6.  which is merely spiritual makes use only of spiritual means, whereas the weapons of civil authority be coactive, and external, as Imprisonment, Fines, and corporal punishments. Here therefore would I know, why it should be esteemed a wicked and unlawful act, not suiting to the holy function of a Priest, to correct heretics, schismatics, and other vile and notorious disturbers of the Christian commonwealth's Peace, as well with civil and bodily chastisements as those of the spirit, where Power is given them so to do. To resist and pull down vices by either way is a good and plausible action, and of it's selfe misbeseeming no Person though never so holy. The blessed Angellsof Heaven 
Act. 12. 23.  deem it a thing in no wise contrary to their sanctity in the name and command of God to smite the profane with corporal Punishments. Why then should the angels of the Church think it not lawful 
Apoc. 2. 1.  to adjudge the same delinquents to any deserved punishments, when by the decree of their sovereign, God's vicegerent here on earth, it is so determined? For the Execution of civil Authority is not of its self repugnant to any Person how holy soever, nor disagreeing to the office of Priesthood.  
Again, the high, and absolute Power of the Giver 
Argum. 2.  persuades me that churchmen do by good 
1. Pet. 2. 13. 14.  right exercise this jurisdiction. For the King being, by God's appointment, the fountain of all civil Authority, may without offence derive some rivulets thereof to what Persons he shall think fit, whether Lay or ecclesiastical; I said but some rivulets; because, (though no temporal office by God's laws are forbidden the Clergy) wisdom and equity permit not Kings so far to burden them with state affairs, as wholly to divert them from their spiritual 
2. Tim. 3. 4.  Function. This Power therefore is so to be entrusted to them, as it may be an Ornament or Furtherance to the Church government, no hindrance or obstacle thereunto. But it is not for every vulgar judgement, or envious piece to determine how far this jurisdiction is to be granted to the Clergy, so that it may help and not trouble them in their ministry. But what Aristotle, the life of Philosophers said concerning 
Exh. 2. c. 6.  the mean in virtues, that it is so to be ordered {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as the wise man shall think fit, May be applied to this temporal jurisdiction, that it is so far to be communicated to churchmen as a judicious and wise Prince shall think convenient. Seeing then it: hath pleased Christian Kings to arm the Clergy with some civil jurisdiction, and ordain that to the greater improvement of Christianity, 
1. Tim. 2. 2. Rom. 13 3. 4.  and casting down of wickedness, they should exercise both ecclesiastical and civil jurisdiction: it is most apparently lawful and pious, and plainly necessary by the aid of both jurisdictions as with a two-edged sword to preserve piety and the Peace of the Church, and cut of it's Opposers.  
3ly, Because to many it seems unfitting, the successors 
Argum. 3.  of the Apostles should exercise an Authority which the Apostles themselves had nothing to do with, Let us observe the difference of Times, and thence gather that this civil jurisdiction is as expedient and necessary to the Divines of our Time, as it was altogether unnecessary and unprofitable to the Apostles. Civil jurisdiction is by the chief Magistrate to be conferred on those that are subordinate, and according to his laws to be administered. As long therefore as the Rulers of the earth waged war against the Truth of the gospel, neither could they assign, nor the Apostles without scandal to Christ and the downfall of Religion have received any temporal Power from their hands. But since Kings and their laws began to subject themselves to Christ, civil Authority by them given to the Ministers of Christ, mighthave been a great furtherance to the advancement of the gospel and more happy government of the Church. Furthermore, the Apostles and Fathers of the primitive Church, were from heaven endowed with an extraordinary and miraculous power, which did more avail to the confirmation of Christians in Faith and Obedience, than any civil Authority: But now the government of the Church is in the hands of Ordinary Ministers, who being disarmed of that divine and miraculous power, are conveniently guarded with this temporal and Ordinary jurisdiction. Lastly, when the Christian Church was in her Infancy, Piety was more deeply rooted in the breasts of the Disciples, and if they would have resisted the discipline of the Church, their rebellious minds were soon quelled by the cruelty of persecution, and hourly imminent danger of violent death. But now the Christian world wholly possessed and carried away with Pride and Luxury, hath so clean laid aside all respects of Piety and Modesty that all the spiritual power of the Clergy and Church-discipline, if not seconded by civil jurisdiction, breeds rather scorn and contempt than amendment in the malicious remorse of this present age. Think then what rash and incompetent judges they are, who from the Apostles and their days conclude temporal Authority not requisite to our Ordinary Ministers.  
A fourth Argument may be drawn from God's 
Argum. 4.  own Institution, and the most ancient practice of the Church. God himself under the law did annect civil lurisdiction to the office of Priesthood: it is therefore no strangething, nor against the divine Law, that a churchman should bear sway in temporal affairs. Heli, Samuel, the macchabees, together with all the high Priests in the old Testament, did exercise this kind of Authority; but why it continued not so for some hundred years after the gospel, is made evident by reasons above alleged. But since Constantine the Great submitted his imperial sceptre to Christ, you shall in all Ages find the godly Bishops and Fathers of the Church administering civil jurisdiction by Religious Emperors to them imparted: which if time would serve might be clearly testified, out of ecclesiastical Histories, and counsels, and out of the emperor's own laws: but these are so sufficiently known to the learned, that the citation thereof would prove an unnecessary Trouble.  
Lastly, let us out of our adversaries own grants 
Argum. 5.  and confessions, prove what they themselves deny. They grant the Clergy a jurisdiction whereby they can cite before their Courts, heretics, Drunkards, Adulterers and such like infamous persons, admitaccusations against them, hear and examine witnesses, and give sentence of Excommunication on those that are lawfully convicted. If by virtue of spiritual jurisdiction, from Christ received, they can do these things, why shall they not by the accession of secular jurisdiction by the King conferred, imprison the same malefactors, or by such like civil punishments bridle their loose incontinencies? This Act of Correction is no less warrantable in its own nature then that of Excommunication: both being put in execution by just and legitimate Authority; neither do corporal punishments less conduce to the Reformation of delinquents and the Churches good, than those merely spiritual. Therefore, by the allowance of superior Authority, it is no less expedient that clergymen should inflict one kind of chastisement rather than another. In a word, learned Mr Calvin doth grant that what controversies 
Calvin. Inft. 4. 10. 11.  soever happened between Christians, to avoid strife and division, they were wont to refer them to their 
De opere Monach. 29.  Bishops by their judgement to be decided. And St Augustine tells us that he daily spent some time in secular affairs, either by his sentence determining and settling them, or cutting them off by his interposition; Furthermore he records that St Paul employed churchmen in such troublesome matters. If private Christians do lawfully commit their civil controversies to the arbitrement of Bishops, surely Christian Kings may to the same Bishops lawfully commit the judgement of the like causes; if at the request of private men, it be not unlawful for churchmen to intermeddle with secular businesses, it cannot be unlawful to do the same by the appointment of the King. For as the matter stands, he doth no left interest himself in State-affayres, who decides controversies as an Elect arbitrator, than he who decides the same as a judge ordained by the Prince. Let us conclude, that ambitiously so hunt after or with prejudice to the function of Priesthood to exercise civil jurisdiction, is a proud and unlawful act; But to accept of civil jurisdiction from the hand of a King, and to administer the same to the better establishing of the Peace and Discipline of the Church is an act lawful and praiseworthy, most agreeable to the ancient practice of the Church, and no ways repugnant to the divine Scriptures.  
FINIS.