AN APOLOGY FOR The Ancient Right and Power OF THE BISHOPS To SIT and VOTE IN PARLIAMENTS: As the first and principal of the three Estates of the KINGDOM, As Lord Coke showeth, 3. Institut. C. 1. and other both learned LAWYERS and ANTIQUARIES, as Camden, Spelman, Selden, and many others. WITH An Answer to the Reasons maintained by Dr. Burgess and many others against the Votes of BISHOPS.  
A Determination at Cambridge of the Learned and Reverend Dr. DAVENANT B. of Salisbury, Englished.  
The Speech in Parliament made by Dr. WILLIAMS L. Archbishop of York, in defence of the BISHOPS.  
Two SPEECHES spoken in the House of Lords by the Lord Viscount NEWARKE, 1641.  
London, Printed by W. Godbid, for Richard Thrale, at the Crosskeys at St. Paul's gate entering into Cheapside. 1660.   

To the READER,  
DOctor Williams, Lord Archbishop of York made an accurate Speech in Parliament, to defend the rights of the Bishops: and the learned Bishop Hall, made an abstract of his reasons, against which Doctor Burgess published an Examination, wherein there is little material, if once the principal doubt be cleared, whether Bishops had anciently Votes in Parliament, 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 this following 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 (Gemots) 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 equivalent in authority to our Parliament. They had several Gemots, as the first was.  
Wittena-gemott. idem apud Anglo-saxones fuit, quod apud nos hodie Parliamentum: parumque a Folkmotto differebat, nisi quod hoc annuum esset & è certis plerumque causis, illud ex arduis contingentibus, & legum condendarum gratia, ad arbitrium principis indictum.  
In Folckmotto semel quotannis sub initio Calendarum Maii, (tanquamin a●nuo Parliamento) convenere Regni principes, tam Episcopi, quam Magistratus, liberique homines. jurantur laici omnes coram Episcopis in mutuum faedus, in fidelitatem & in jura Regni conservanda. Consulitur de communi salute, de pace, de bello, & de utilitate publica, promovenda— etc.—  
Sciregemott. (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, quam civilibus: sed jurisdictiones postea separabat Gulielmus primus: videtur hoc idem fuisse, quod olim Turnum dicemus Vicecomitis, (non minus quam hodie nunc dicitur) bis in anno tenebatur, aderant que omnes unà comitatus magnates, & Te●iti● liberi.  
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 locii Episcopus, & Aldermannus (ho● est Comes) doceatque alter jus divinum, alter jus saeculare. Thus the learned Glossary showeth, out of whom it was necessary to show the several assemblies then in use, that we need not contend about the French word Parliament, which came in use about the time of Hen. 3. But whatsoever their Assemblies were, 
Pag. 314. ●  the Bishops were always principal members thereof: and though once in 25. Edward▪ 1. there is mention of a Parliament at St. Edmunebury, whereby 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 latel yraised upon the state Ecclesiastical.) As of later times, there was a Parliament once held without Lawyers, in 6. Hen. 4. at Coventry, as both our Histories do testify, and also the Kings Writ directed to the Sheriff, 
2. part. Caus. in dors. n. 4▪  whereof the words are:— Nolu●us autem quod in seu aliquis alius vicecomes Regni nostri praedicti, aut Apprenticius, aut alius homo ad legem aliqualiter sit electus. Vnde Parliamentum illud laicorum dicebatur, & indoctorum, quo & jugulum Ecclesiae atroci●s petebatur, as alearned 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.  
The most Accurate History of the ancient City, and famous Cathedral of Canterbury; being an exact Description of all the Rarities in that City, Suburbs, and Cathedral: together with the Lives of all the Arch bishops of that See, Illustrated with divers Maps and Rig●res, Published by Will. Somner Author of the late Saxon Dictionary. 4to. And is to be sold by Richard Thrale, at the Crosskeys at Paul's gate, entering into Cheapside.   

The Contents of the several Chapters.  
CHAPTER. I. 
COncerning Government Ecclesiastical and Civil, in the state of nature, from Adam till Moses, which was about 2500 years: the same person was both chief Magistrate, and also Priest unto God.  CHAP. II. 
The government of the Church and State of Israel, by Moses and Aaron, and their Successors, until Christ, about 1500 years. That there was not then two several jurisdictions, the one Ecclesiastical, the other Civil.  CHAP. III. 
Concerning the Union of the Courts of justice in the time of the Saxon Kings, after they were converted to the faith: The division of the Courts being brought in by William the Conqueror, as appears by his Statute.  CHAP. IU. 
Concerning the Honour and Dignity of Bishops in the time of Saxons, and so continued to these times.  CHAP. V. 
Concerning Barons, and the title thereof, and how the Bishops became Barons, being no addition of honour to them, but enforced upon them by the Conqueror, and since continued to this day.  CHAP. VI 
Concerning the Legislative power and Votes of the Bishops in making laws. Concerning the Statute 11. H. 7. whereby Empson and Dudley proceeded, and what great treasures they brought to the King. Calvin and Beza at Geneva, were members of their chief Council of State, consisting of 60, and so may Bishops in England be members of Parliament: King David appointed Priests and Levites in all Courts of justice.. The Clergy had many privileges, as Lord Coke showeth upon Magna Charta. 2 Instit. pag. 2, 3. Ambition and Covetousness of the Presbyterians, the principal cause of all our troubles.  CHAP. VII. 
In the first frame of our English Common wealth, the Bishops in every Diocese were the principal judges. The Charter of William the Conqueror for dividing the Courts. The Statute of Circumspect agatis, 13. Ed. 1. and Articuli Cleri, 9 Ed. 2. appointing what Causes shall belong to the Ecclesiastical Courts.  CHAP. VIII. 
Some Observations out of the Civil Law, in the Empire, concerning the separation of Courts, and some also out of the ancient Statutes, as Selden hath recited them. Lord Coke defence of the Bishops being in Parliament, and of the Convocation, and High Commission; and other Ecclesiastical Courts.  CHAP. IX. 
The example of the late wars in Bohemia, and Germany, and France, with the ill successes thereof to the Protestants, might well have forewarned us in England. The goodly Covenant of Bohemia, might well have given us Caution, to take heed of a Covenant without the King's consent. The Church Lands taken anay formerly, are restored by the Emperor, in many parts of Germany. The Censure of Grotius upon the Presbyterians, for their raising of arms.  CHAP. X. 
The Division of the Courts in the Empire and the manner of proceeding in them by the Bishops, and the Ecclesiastical Lawyers under them.    

AN APOLOGY FOR The BISHOPS To Sat and Vote in PARLIAMENTS.  

CHAP. I.  
Concerning Government Ecclesiastical and Civil in the State of Nature, from Adam till Moses, which was about 2500 years. The same person was both chief Magistrate and also Priest unto God.  
GOD had a Priesthood always from the Beginning of the World, to perform the duties of his Worship, and the ●●ites thereof. Adam was a Priest unto God, to offer Sacrifice, and to execute such duties as God required in his Service: But Adam was also a King or Chief Ruler, over all his Children and Posterity. So after Adam, Seth, and the tighteous Patriarches, Enoch and others, were Priests unto God, as well as Princes, and Magistrates, and they taught Noah how to call upon God, and how to serve him.  
So Noah was also a Prince, and also a Preacher of righteousness, as the Apostle saith of him, so that it was not incompatible, or inconsistent for the same man to be a Magistrate, Prince, or Governor, and also a Priest. Melchisedech, after the Flood, was the first that was called a King and a Priest: and so Christ is a King and a Priest after his order. So that under the Law of Nature, Kings were invested with a power Ecclesiastical; both of Order and Jurisdiction: Therefore these things are not incompatible by Nature; and thus it continued for the space of 2500. years from Adam till Moses.  
Princes and Priests were formerly the same, both Functions residing in the same person: Majorum haec erat consuetudo (saith Servius) ut Rex esset etiam Sacerdos, vel Pontifex: unde hodie quoque Imperatores●Pontifices-dicimus.] They that had the managing of affairs of State, had also the executing of Divine offices, and so received divine and holy duties, and oblations: which use obtained in the Families of the old Patriarches.] Thus the Learned Montague against Selden. cap. 3. p. 537.  
Ante Legem datam ad primogenitos pertinebat-offerre sacrificia,— Levitae successerant loco eorum. And again to the same purpose: Cultus divinus ante legem datam pertinebat ad Primogenitos Israel. And again: Sacerdotium fuit annexum primogenitur ● usque ad legem datam per Mosem. As Lyra says, reporting the received judgements of the best Interpreters. Lyra in Numb. 3. 12. & 8. 16. in Gen. 14. Veteribus ordinarium & perpetuum fuit, ut qui Reges essent, iidem etiam sacerdotio fungerentur, as Bertram says, cap. ●. De politia judaica.  
The Privileges which in the Law of Nature followed the Birthright, were these three. First, the Government or Principality. Secondly, the Priesthood. Thirdly, a Portion answerable to maintain these dignities.  
The same light may appear, though much darkened in the ancient Government of the Heathen; for Heathen Kings are witnessed in old times, to have been Priests of such Gods as they served, which ancient combining of these two offices, in one person, came from the ancient practice in the time of the Law of Nature, and from the light of Nature was received among the Heathens.  
Abraham was a Priest in his own Family, and in several places of his Peregrination, he built Altars, and places, where he did call upon God, and perform all duties of God's Worship then requisite. Abraham did offer Sacrifice, as appears Gen. 15, 9 & 22, 7. 2, 7, 8. Abraham was a Prophet, Gen. 20. 7. and received many promises from God▪ especially concerning Christ to descend of him; and God gave him the Sacrament of Circumcision, and established his Covenant with him. God saith of him, Gen 18. 19 I know him, that he will command his Children, and his Household after him, and they shall keep the way of the Lord, to do justice and judgement, etc.—  
And as Abraham did, so likewise did Isaac, and jacob, after him, who built Altars unto God, which was as much then as to build a Church in these days, and to provide a Minister to preach, and pray, and administer the Sacraments, and perform all other duties of a Pastor.  
Hence it appears fully, that in the time of Nature, there was not two several jurisdictions, one Ecclesiastical, the other Civil, as is now among us. But the same persons, discharged both Offices, and all Duties belonging to them.  
And further it appears, that the priests being the firstborn, and chief men, had such honourable respect and maintenance, that they were not reckoned among the lowest of the people, and made the off-scowring of all things as now they are.  
If the Clergy may not enjoy any temporal office, or dignity, they will be crushed down, and oppressed in all public occasions, as they find it manifestly in these troublesome times, when the neighbours of every parish do impose all Taxes, Burdens, and Charges upon Ministers, more than they formerly used to do, or in reason can be allowed. But the Clergy have no means to help themselves, having none of their own tribe in authority, power, or place of judicature as formerly they had, whereby they could help themselves, and restrain the Laymen from imposing Burdens, and charges upon them in excessive manner. It is easy to show particular instances, and one of many shall be mentioned.  
When all the Judges of the Land, about 20. years ago, had given their opinions and directions in writing, upon particular doubts to Justices of peace, incident to their offices; one doubt was, how much, and in what proportion a Minister should be charged for Levies to the poor. The Justices in the Country, and the Neighbours of the parish, would tax the Glebes severally from the Tithes, and so augment the Levy to a great proportion, both for Glebe and Tithes: But the Judges appointed in their answer, that Glebe and Tithes should be both taxed together, at a tenth part of the Levy, in regard Tithes are abated much by small rares, and much Land is discharged of Tithes in kind. But now in these troubles, the Committee-men, and such like, impose Taxes, upon the Glebes severally, and Tithes also, imposing a sixth, or seventh part of the Tax upon the Tithes, which is contrary to the resolution of the Judges. But Ministers have no remedy to help themselves, there being none of the Clergy upon the Bench in any authority.   

CHAP. II.  
Of the Government of the Church and State of Israel, by Moses and Aaron, and their Successors until Christ, about 1500 years. That there were not two several jurisdictions, one Ecclesiastical, the other Civil.  
WHen God delivered his chosen people out of Egypt, and conducted them through the Wilderness, towards the promised Land of Canaan, He began first to publish his Law: And by Moses, delivered them many Laws, in Five Books.  
Whatsoever Laws he gave, either moral, ceremonial or Judicial, they are all contained in the Five books of Moses, and no man could better understand them then the Priests and Levites. For God made his Covenant with Levy, of Life and Peace: The Law of Truth was in his mouth: The Priest's Lips should preserve knowledge, and they should seek the Law at his Mouth. Mal. 2. 5, 6, 7. and so Ezekiel 44. 23. They shall teach my people the difference between the Holy and profane, and cause them to discern between the unclean, and the clean: and in Controversy they shall stand in judgement; and they shall judge according to my judgements, and they shall keep my Laws, and my Statutes, in all mine Assemblies. They being the principal Judges and Lawyers in that Commonwealth, of Gods own Constitution. And whereas it is now granted on all hands, that there were three Courts of Justice in that Kingdom. 1. The great Council of the 70. Elders. 2. The Court of Judgement, which was in in every good Town where there were many families. 3. The Court of three, or some few more. The Priests and Levites, were principal men, both Judges and Officers in all Courts, Scophtim & Scoterim, as 1. Chron. 23. 4. both to give sentence and judgement, and also to execute the same: So the Divines do affirm in their late Annotations upon 1. Chron. 26. 29▪ 30. & 2. Chron. 19 8. 11. They did study the Judicial and politic Laws, and had power to see the Law of God, and Injunctions of the King to be observed, and to order divine and humane affairs. And they held also other honourable offices, for we read that Zechariah a Levite, was a wise Counsellor, 
1. Chr. 16. 14.  and Benjah a Priest, Son of jehojadah, was one of David's twelve Captains, being the third Captain of the Host for the third month, 
1. Chr. 27. 5.  and in his course consisting of 24000. was his Son Amizabad: Benjah also was one of David's principal worthies, 
1. Chr. 11. 22.  having the name of the three mighties: He was also Captain of the guard to David, and after the Death of joab, he was made Lord General of the Army, by King Solomon, in joabs' room. 1. K. 2. 35.  
It is recored 1 Chron. 26. 30. That of the Family of the Hebronists (Levites) there were a thousand and seven hundred Officers, on this side jordan westward, in all businesses of the Lord, and in the service of the King; and two thousand and seven hundred chief Fathers, and men of valour, whom King David made Rulers, over the Re●bonists, the Gadite●s, and the half Tribe of Manasses, for every matter pertaining to God and affairs of the King. v. 31. 32. Whereby it manifestly appears, that the same Judges, and Officers, being Priests and Levites, most of them did hear and determine all sorts of causes, pertaining to God and affairs of the King, both Ecclesiastical and Temporal; so that there was not several Courts, the one Ecclesiastical, and the other Civil, as in these times, some do affirm too peremptorily, according to the Common practice, and usage of these days, as Godwin in his Moses and Aaron lib. 5. Beza, junius, and divers others, with the Kirkmen of Scotland lately, Rutherford, Gillespie, Baily, and others. So also the Papists generally, who that they may establish the Pope's Supremacy, above Kings and their Common-laws, do affirm, that Regimen Ecclesiasticum est distinctum a politico. as Bellarmine de Romano pontifice lib. 1. cap. 5. so our zealous party for the like ends and reasons, would maintain a Government in the Clergy, separate from, and independent upon the Civil Magistrate, and such as ought to be directed and ruled only by the word of God, and his Spirit, ruling (as they suppose) in their classical Assemblies; where they think the Throne of Christ is only to be advanced, and all his holy Ordinances put in execution.  
Whereas the King is Custos utriusqne tabulae, and the Supremacy in causes Ecclesiastical, as well as Temporal, is acknowledged by our Statutes, and annexed to the Crown. For Execution thereof, an Act was made 1. Eliz. cap. 1.  
But if the Statute had not been made to annex the Supremacy to the Crown, yet as the Lord Cook saith, 4. Instit. p. 331. King james hath, and Queen Elizabeth had before him, as great and ample Supremacy and Jurisdiction Ecclesiastical, ace ver King of England had before them, and that had justly and rightly pertained to them by divers other Acts, and by the ancient Law of England, if the said clause of annexation in the said Statute 1. Eliz. had never been inserted.  
But john Pym in his Speech in Parliament 4. Caroli, as Rushworth hath it in his late Collections, saith, that the high Commission was derived from the Parliament.] 
Pag. 659.  As if the Parliament gave the King the Supremacy as a gift of their own, and that it was not vested in the Crown; but as they gave it, so they may take it away when they please, and suppress the Court of high Commission, as they have done; The duty of the Court was, to reform and correct all Heresies, Schisms, Abuses, Offences, Contempts, and Enormities. But now upon Suppression of the Court, all Heresies and Schisms in the world are broke out, and such abominable abuses, offences, and enormities, as never were known in this Kingdom, with allowance and toleration.  
This follow's upon the new light and doctrine of john Pym, and all the rest of the Presbyterians who have stirred up all these troubles, and of late they called the House of Commons, the Supreme power of the Nation in all Addresses and Petitions made unto them.  
It was a great Error of Calvin and Beza, and many others that follow them, to affirm that there was one Court Ecclesiastical, and another Civil in Israel. Calvin upon jeremiah 19 1. pag. 152. saith, Scimus duos fuisse ordines publicos, vel duplex regimen ut loquuntur; sacerdotes erant praefecti Ecclesiae, nempe quoad legem, ita ut spiritualis esset eorum gubernatio; erant seniores populi, qui prae erant rebus politicis, utriusque vero quaedam inter se communio. Calvin understood only the plain Hebrew, not the Rabbins, and Talmud, nor the Jewish Antiquities: Therefore in several places he is mistaken, as upon Numb. 11. 17. Where God appointed first the 70. Elders to be joined as Assistants to Moses, He doth interpret the Text, I will take off the Spirit that is upon thee, and put it on him, as if the gifts of the Spirit which Moses had were diminished in him, and imparted to the 70. which is untruly said by Calvin; for as Solomon jarchis saith, Moses in that hour wa● like the Lamp, that was burning on the candlestick in the Sanctuary from which all the other lamps were lighted, yet the light thereof was not lessened any whit.] Deus ex Mosis Spiritu tollens, quod aliis distribuit, ignominiae notam qua dignus er at, ● fligit, minime dubium est, quin diminutio notetur: This is spoken very harshly and untruly by Calvin, as learned Authors have showed his Error herein.  
So upon Deut. 17. 8. 9 10. Where the Priests and Levites were appointed Judges in great matters, between blood and blood, between Plea and Plea, and between stroke and stroke, being matters of Controversy within thy gates:] Calvin doth so interpret, as if the Priests and Levites were only to expound the Law to the Temporal Judges, but not to sit as Judges upon the bench themselves with especial authority, as the other Elders and Judges did. Wherein he was much mistaken. For the Priests and Levites were principal Judges in all matters, and causes whatsoever, not only Ecclesiastical but Temporal; not only for explaining of the Law, but executing the same.  
The Learned Casaubon in his Exercitations upon Baronius 13. Sect. 5. showed that the Priests and Levites were the principal judges in the genreal Council. Hujus Conciliiea fuit institutio, ut si fieri posset. e solis Sacerdotibus & Levitis constaret, qui non erant e Tribu Iuda sed Levi: itaque & in Bibliis aliquando, & apud josephum appellatione sacerdotum intelligitur ipsum Synedrium: Si● e numero sacerdotum aut Levitarum non reperirentur qui definitum judicum illorum numerum implement, tum demum aliis Iudaeis aditus in Synedrium▪ patuit, nulla Tribus habit a ratione. Hoc Maimonides declarat, etc.  
Bancroft in his Survey cap. 25. doth fully show the error of Calvin and Beza, in dividing the Courts, and doth accurately con●ute them, to whom I refer.  
And further of late, the excellently learned Grotius hath also accurately cleared the point. Quod quidam arbitrantur duos fuisse senatus summos judeorum, alterum qui civilibus, alterum qui Ecclesiasticis negotiis praeesset, de eo quid ●obis videatur, alibi erit dicendi Locus. in Mal. 2. which he doth perform upon Mal. 5. very exactly. Cum pingue haberent otium, non tantum omnialegis, sed & medicinae aliarumque artium diligenter ediscebant, ut & Egyptii sacerdotes; ideoque primis saeculis ex illis ut eruditioribus senatus 70. virûm legi maxime solebat. Grotius in Deut. 17. and so in Mal. 5. Cum sacerdotes opimo fruentes otio omnibus sapienentiae partibus prae er caeteros, operam darent, aequum erat ex horum numero, aliquam-multos allegi in ordinem illum, cui jam suprema etiam judicia credita fuisse diximus, quanquam neminem fuisse qui originis dignitate eum locum sibi posset vindicare, scripsit Ma●monides, etc.— Florentibus Hebraeorum rebus, fieri aliter non poterat, quin in sacerdotum classe plurimi r●perirentur digni eo loco; His addebantur alii qui in alii● tribubus doctrina & sanctimonia eminebant. Quamobrem Moses Deut. 19 17. De falsi testimonii cognitione agens, & senatum hunc describens, sacerdotes & judices nominat; alibi etiam de exploranda diligentia judicum inferiorum in cognoscendo homicida, ipsi sacerdotes, tanquam ejus senatus, pars praecipua, nominantur. etc.  
Hoc ipso in loco (Deut. 17. 8, 9,) non distinguuntur ca●sarum genera, neque vero causae ullae nominantur, quae proprie videri possent sacerdotales, sed si quid controversi incidisset, de homicidio, de lite, de vulnere, juben●●● adire sacerdotes— etc.— neque vero alia fuerant judicia sacerdotis, alia senatus, id enim omnes Hebraeorum Magistri constanter negant. And much more he addeth out of josephus— and doth also accurately expound the Texts, 2. Chron. 17. Concerning jehosophats reformation and placing of judges in jerusalem, as also the Text in the prophet jer. 26. where some priests do accuse the prophet, and the Princes do absolve and free him.— So in his Book De imperio summarum potestatum. cap. 11. Sect. 15. He doth accurately handle this Question. Ubi explicantur judeorum tum minora judicia tum magnum, & ostenditur apud judaeos eosdem fuisse qui de sacris & profanis jus dicebant, quae sint negotia Dei quae Regis.  
So Bertram a learned Lawyer, De politia judaica. cap. 9  
So Sigonius de Repub. Hebr aeorum. lib. 6. c. 7.  
So Scuetetus in his Exercitations. lib. 1. cap. 54.  
So Schickardus de jure regio Hebraeorum. c. 1. pag. 9 10.  
So Selden in his Uxor Hebraica. cap. 15. Quod vero à nonnullis, iisque alioquin doctissimis obtenditur, Presbyterium fuisse singulare quoddam forum, apud judaeos, quod de Religione & rebus saeris solùm cog nosceret qualé apud nos dicitur Ecclesiasticum, ● doctrina Talmudica, atque ab ipsa veritate est longe alienissimum, pro diversitate jurisdictionum amplitudinis idem ipsnm ubique in ea Republica seu Ecclesia forum, de rebus sacris ac Religione judicabat, quod de profanis, seu quae, non sacrae. And since this, Selden hath more fully proved it in his books De Synedriis judaeorum, to which I refer; and further the learned Dr. Hamond hath most accurately proved and illustrated it, in his Annotations on the New Testament, as on Luke 3. and Acts 4. and other places, that there needs no further proof; Selden in his Preface to the first Book De Synedriis pag. 9 terms it, Duplex seu Bifurcatum in Christianismo regnum seu imperium, Politicum seu Magistraticum, ut appellitari amat, & Ecclesiasticum, ab illo prorsus sic distinctum, quasi Binos quis fingeret soles.— etc.   

CHAP. III.  
Concerning the Union of the Courts of justice in the time of the Saxon Kings, after they were converted to the Faith; The Division of the Courts being brought in by William the Conqueror, as appears by his Statute.  
THe union of Courts continued from the beginning of the World for four thousand years, as Selden affirmeth, lib. 2. De Synedriis, in the preface, p. 2. How that course came to be changed, will appear by what followeth here. The distinction of Courts seems to have proceeded first from Pope Nicholas the first, as is mentioned in Gratian. Can. Cum ad verum. 96. Dist. About 200. years before the Conquest. Which was imitated among us, by William the Conqueror, Whose Statute to that purpose is recited and illustrated by Spelman in his Glossary and Councils, and by Selden in his History cap. 14. and in his notes upon Eadnez. pag. 167. and also published by Lord Cook 4. Instit. cap. 52.  
But the Union of Courts in England continued till the time of William the Conqueror, as the learned Antiquary Spelman showeth in his Glossary, in Cotes pag. 3. Mun●s comitis judiciarium fuit, vim & injuriam prohibere, latrocinia compescere, pacem regiam non solum legum tramite, sed armis etiam promovere, jura regia, & vectigalia curare colligere, fisco infer. Praesidebat autem foro comitatus, non solus sed adjunctus Episcopo; hic ut jus divinum, ille ut humanum dic●ret; alter que alteri auxili● esset, & consilio; presertim Episcopus comiti; 〈◊〉 in hunc illi animadvertere saepe licuit, & arrantest cohibere. Idem igitur ●trique territorium, & jurisdictionis terminus.  
Hereby it appears that the Bishop and Earl of the County were joint governor's,— but the Bishop was principal, for he had power to restrain the Earl if he did do amiss; the Bishop being learned, but the Laity in those days altogether destitute of Learning and Knowledge. So that it is certain that the Bishop and the Earl (or Aldermen) sat both together in the same Court▪ together with their Assistants and Surrogates, and so 〈◊〉 assist each other with Counsel and authority: and in the forenoon they heard Church causes, and in the Afternoon temporal business. This manner did preserve amity between the Clergy and the Laity, that they did not clash for jurisdiction by sending prohibitions, Injunctions and cross orders, as in our times, which do occasion great vexation to the people, and prolonging of Suits, and doth multiply charges extremely. It is therefore certain, that the Bishops and principal Clergy were always of great authority in our Kingdom, especially for making of Laws and Constitutions of all kinds, and executing of them, which is manifest by all the Laws themselves of the Suxon Kings; for about 500 years before the Conquest. Wherein they first testify that the Laws were made by the consent, 
〈…〉  suffrage, and approbation of the Bishops.  
First Ethelbert the first Christian King of the Saxons made Laws which are entitled thus, Haec sunt Decreta seu judicia qu● Ethelbe●●us Ren conslitu●, Tempore Augustini. As Sir Henry Spelman hath recorded them in his Comments pag. 127. All the Laws then made, are not recited by Spelman: but they are extant in the old Book called Textus Roffensis. Written by Ernulph a Bishop of Rochester.  
Beda de his scribit. lib. 2. cap. 5. Mortem & sepulturam Ethelberti referens: Inter ●aetera (iniquit) bona quae genti suae cansulendo conferebat, etiam decreta illi judiciorum juxta exempla Romanorum, cum Consilio sapientum constituit: Quae conscripta Anglorum sermone hactenus habentur, & observantur ab ea: In quibus primitus posuit, qualiter id emendare deberet, qui aliquid rerum & Episcopi vel reliquorum ordinem auferret: volens scilicet tuitionem●●is quorum doctrinam successerat, praestare.] Sequuntur multa ad vitae probitatem, & morum Correctionem pertinentia; saith Spelman in his Notes. Which Laws were casually omitted by my absence from the Press at that instant, but shall be added if ever a second edition be made.  
But certainly Augustin was the principal Bishop that did make these Laws, though other names are not put down, but his only, being the principal. Yet in other Councils following, divers Bishops are mentioned, as in the Laws made by King Ina. Anno 693.  
Ego Ina Dei gratia West-Saxonum Rex exhortatione & doctrina Cennedes patris mei, 
Lambard pag. 1.  & Heads Episcopi mei, 
Council. p. 186.  & Erkenwaldes Episcopi mei, & omnium Aldermanorum meorum, & seniorum, & sapientum Regni mei— Constitui, etc.—  
So in the beginning of King Aethelstan. 
Lambard pag. 57  Ego Adelstanus Rex Consilio Wulfelmi Archiepiscopi mei, & aliorum Episcoporum meorum, 
Council p. 402.  mando praepositis meis omnibus.  
Likewise in the laws of King Edmund.  
Edmundus Rex congregavit magnam Synodum Dei ordinis & seculi, 
Council. p. 423.  apud London Civitatem, in Sancto Paschae solennis, ●ui interfuit Odo, & Wulstanus Archiepiscopi & alii plures Episcopi,— etc.  
The same appears by the Subscriptions to the laws, made by the Bishops and principal Clergy, and Abbots of their several times, which are so frequent to be observed in all ancient Charters and laws, in the first Tome of our English Councils, that I will forbear many particulars, only one for example sake, being the Custom then to testify their approbations not by voting, but by subscribing their names, to approve and grant the laws made in Parliament▪ and not to refer all to a Register or Clerk, to take notice of what is granted, and by what persons present.  

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


Ego Edgar Rex totius Britanniae praefatam libertatem cum sigillo sanctae Crucis confirmavi. 
Concil. p. 486.   
Ego Elfgina ejusdem Regis Mater cum gaudio consensi.  
Ego Edward clito Patris mei donum cum Triumpho sanctae crucis impressi.  
Ego Kinedrius Rex Albaniae adquievi.  
Ego Mascusius Archipirata confortavi.    


Ego Dunstanus Dorobernensis Ecclesiae Archiepiscopus cum Trophaeo sanctae Crucis, & cum suffr●ganeis praesulibus Regis donum corroboravi.  
Ego Oswald Eboracensis Ecclesiae primas, consentioni subscripsi.  
Ego Ethelnoldo Wintoniensis Ecclesiae Minister & Glasten Monachus signum sanctae crucis impressi.  
Ego Britchtelm Fontarensis Episcopns consentiens corroboravi.  
Ego Ellslam Episcopus confirmavi.  
Ego Oswald Episcopus adquievi.  
Ego Elfnolde Episcopus concessi.  
Ego Winsige Episcopus, cum signo sanctae Crucis conclusi.    


Ego Segegar abbas vexillum sanctae crucis impressi.  
Ego Escui abbas confirmavi.  
Ego Ordgar abbess corroboravi.  
Ego Ethelgar abbess concessi.  
Ego Kinword abas Concessi.  
Ego Fideman abbess consolidavi.  
Ego Elphets Abbas subscripsi.  
Ego Adulf Herefordensis Ecclesiae Catascopus corroboravi.    


Ego Elphene Dux Dominae meae sanctae Mariae Glasteniensis Ecclesiae libertatem omni devotione cum sigillo sanctae crucis confirmavi.  
Ego Osl●ck dux consensi.  
Ego Ethelwine dux hoc donum triumphale hagiae crucis propriae manus depictione impressi.  
Ego Osnald minister confirmavi.  
Ego Elfwurde minister corroboravi.  
Ego Elthesie minister consensi.  
Ego El●kie minister consensi.     
Thus first the King, Queen▪ and Prince do subscribe; then the Bishops; afterward the Abbots; and lastly, the Noblemen; howsoever they were then called.  
The Bishops in all other Christian Kingdoms, as in the Empire of Germany, France, Spain, Portugal, Poland, Hungary, and all others, as Denmark and Sweden▪ since the Change of Religion there, have place and power in all their Parliaments and public Assembies. The Bishop's Electors of Germany, Ments, Triers, and Colen, have place and precedency of the Temporal Electors, the Duke of Bavaria, Saxony, and Brandenburg, as our Bishops had place, sitting on the right hand of the King in the House of Lords, and the Temporal Lords on the left hand. And also out of the House the Bishops had precedency of all Barons. And the two Archbishops of Canterbury and York, had place of any great Temporal Lords, Dukes, Earls and Marquesses, or great Officers, as appears by the Statute of 31. Hen. 8. c●p. 10. and Lord Cook, 4. Instit. pag. 361. and to what end should they hold such privileges and places of Honour in Parliament, unless they had the right and power of▪ voting in all Cases (unless in cases of blood:) and all our ancient Parliaments and Statutes, do fully reckon the Lords Spiritual in the first place, and then the Lords Temporal, and lastly the House of Commons. These being the three estates in Parliament: but the King's person doth not make one of the three estates (as some of late have affirmed) but Lord Cook the great Oracle of our Common-Law, doth otherwise account 4. Instit. cap. 1. Showing of what persons the Parliament consisteth.  
This Court consisteth of the King's Majesty, sitting there, as in his Royal politic capacity, and of the three estates of the Realm, viz.  
First, Are the Lords Spiritual, Archbishops and Bishops, being in number 26. who sit there by Succession, in respect of their Counties or Baronies, parcel of their Bishoprics, which they hold also in their politic Capacity. And every one of these, when any Parliament is to be holden, aught ex debito justitiae to have a Writ of Summons.  
2. The Lords Temporal, Dukes, Marquesses, Earls, Uiscounts, and Barons, who sit there by reason of their dignities, which they hold by Descent, or Creation, in number at this time 106. and likewise every one of these, being of full age, aught to have a Writ of Summons, ex debito justitiae.  
3. The third estate is the Commons of the Realm, whereof there be Knights of Shires or Counties, Citizens of Cities, and Burgesses of Burroughs; All which are respectively elected by the Shires, or Counties, Cities and Burroughs, by force of the King's Writ, ex debito justitiae. And none of them ought to be omitted, and these represent all the Commons of the whole Realm, and trusted for them, and are in number at this day, 493.  
In the beginning, Romulus ordained a hundred Senators for the good Government of the Commonwealth, afterwards they grew to 300. and so many were of the House of Commons in Fortescues time. cap 18 fol. 40. as Lord Coke allegeth him.  
How the number of the Commons is increased to 500 or more, let them inquire that please, perhaps the number of Burgesses of Corporation, and some Towns which the Kings have lately allowed to come unto the Parliaments, may be a reason of their great increase.  
Lord Coke saith, 
4. Instit.  that anciently when the Parliaments were holden at Westminster, the Commons ●ate in the Chapterhouse of the Abbot of Westminster, and the Common Chronicles do mention, that heretofore in the time of H. 8. The Commons sat in the Black Friars where there were many large Chambers and Rooms: But since the distinction of Cottages and free-Chappells. 1. Ed, 6. c. 14. The Commons sit in the ancient and beautiful Chapel of St. Stephen's Abbey, founded by King Stephen, so that they now sit in the Temple of God.  
The learned Montague against Selden cap. 1. pag. 290 saith, that Sedet in Templo Dei, may be understood either Materiraliter as the great Turk doth, whose palace is that which sometimes was the chief patriarchal Church, built by justinian the Emperor, the Church of sancta Sophia; or spiritualiter, taking it for contra Ecclesiam Dei, by persecuting Christians in quantum Christians, (for that they profess the name of Christ Jesus) who are the living Temples of the Holy Ghost,— etc.—  
The Bishop's presence and voting in the Parliaments, may well seem necessary in these times, when the Parliament doth undertake to determine Controversies of Religion of the greatest difficulty, as of predestination, absolute Reprobation, universal Grace, freewill, and final perseverance.  
Sir john Eliott, and john Pym, zealous men in Religion, would not yield to the King (40 Caroli) Tonnage and Poundage till they had first settled Religion, touching the points of Ariminianisme; they accounting that Arminius was an upstart Heretic, very dangerous to the truth; as Rushworth relateth in his Collections. p. 659.  
Now if Parliaments will undertake to dispute and determine such great and difficult points of Religion, as of Predestination, absolute Reprobation, universal Grace, freewill, and final perseverance; It is fit that the learned Bishops should have power to vote in such difficult matters, of so great Concernment, as well as any Members of the House of Lords or Commons: for it is well known that many of the Bishops are men of excellent Learning, judgement and abilities, as being long trained up in the Universities, and some of them public professors, reading Lectures in Divinity and Heads of Colleges, that they might be well informed concerning these points, or any other better than Sir john Eliott, or john Pym, or any other Member of the House of Commons, whosoever he be, or of the House of Lords, whereof very few are learned or expert in the difficult points of God's Decrees. And whosoever is wise and sober, will be willing to refer these matters to the Convocation, who are a part of the Parliament, and have the same privileges as other Parliament men have, as Lord Cook showeth, 4. Instit. cap. 74. pap. 322. etc.— And their proper office and duty is to debate of matters of Religion, of Heresies, Schisms, and other like matters as Lord Cook showeth very fully. The Bishops being the principal men, that Reform our Religion, made the 39 Articles, both the lesser and greater Catechism, Common Prayer Book, and the Book of Ordination, the Homilies, and whatsoever else hath been settled in Religion, so that they are most necessary and fit to be present in all Parliaments.  
Dr. Burgess having written an examination of the reasons, asserted by Bishop Hall, and Archbishop Williams of York. And this Author having written against his examination of the reasons, the Doctor made a further Reply. Wherein he saith pag. 5. that if it can be made good, that in the * Wetten-Gem▪ of the Saxons, the Bishops exercised a legislative power in voting of laws, as our Bishops have done in Parliaments; the Examiner must provide him another Advocate; for my part I must yield the cause.  
I hope it appears clearly, by that is here alleged out of good Authority,— that the Bishop had a legislative power in voting, and therefore by his own confession he must yield the cause, and contend no farther about it.  
There is one reason further to be considered, why the Bishops might well be of great Authority in all Parliaments and public Assemblies, and that is by reason of their Learning and Knowledge in languages, and matters of Law and policy, which they got by travail into foreign parts; for most of them in their youth, were bred in the English College at Rome, which was built and endowed by the Kings of England. Ina, and many others after him, for the education of Learned Scholars, sent thither out of England, there being then no Universities, neither Paris, nor Milan, nor Oxon, nor Cambridge. Only Rome was the principal place for Learning in these Western parts: and therefore our Saxon Kings built the College there for English Scholars, and purchased Lands in Italy for the maintenance thereof; and also gave the Peter-pences for their better allowance and encouragement, which as Mr. Fuller accounteth in his late History, 
Lib. 5. p. 197.  was the sum of seven thousand and Five hundred pounds.  
The Peter-pences was given, not as a Tribute to the Pope, as our Common-Chronicles do grant it, and Polydor Virgilius, and Baronius, but as a stipend to maintain the English College. As Spelman showeth clearly, upon the word Denarius St. Petri, 
Concil. Britannica.  which Doctor Burgess might have observed better, and not have yielded it to the Tribute paid to the Pope, as he doth grant it. pag. 18. of his Reply. King Henry the eighth, and those about him had forgotten the true use of them, and therefore in the Tempest of his Indignation, swept them away among other superstitious things in a Statute, but it might have been justly continued for the first intention and purpose, to educate learned men beyond Seas, to learn the Civil and Common Law and foreign languages, also matters of State, who upon their return home after some seven or eight years, would deserve best to be preferred to public places in Church or State: The Kings of England well knowing the necessity of such learned men, did anciently, and of late, send some choice Scholars, out of either Universities to foreign Countries, (as Cambden observeth, speaking of Sir Thomas Smith, Anno 1577.) Annis maturior selectus ut in Italiam Regiis impensis mitteretur, ad nostra enim tempora nonnulli adolescentes optimae spei, ex utraque Academia, ad uberiorem ingenii cultum Regum sumptibus, in exteris Regionibus alebantur.  
So was Cardinal Pool in his younger years, sent abroad by Henry the eighth, Sir William Paget, Sir Thomas Smith, Sir William Peter, and Sir john Mason, these two having been fellows of All-Souls College in Oxon, but being further bred abroad in foreign Countries, they gained great experience and wisdom, and were made either principal Officers or Secretaries of State at their return home, and were principal men about the King for Counsel and disputes of business, and guided the King's Counsels in affairs of most importance. Education in our own Universities at home, is not sufficient to enable men for all public places and offices under a King. It is well known, that learned young men of the best sort in the Universities, being sent abroad to travail, when they come home are commonly men of far better abilities than such as have only stayed at home, as of late years Sir Edwin Sandys, Sir Isaac Wake, Sir john Digby, Sir Clement Edmond; and Dr. Bryan Duppa, now Bishop of Salisbury, both these having been fellows of All-Souls College, and Doctor Duppa specially chosen to be the Prince's Tutor, having been bred a Civilian in his College, and eminent besides for all polite Literature, and proctor of the University, and afterwards travailing into France and Spain, upon his return home, it was not long before King Charles took special notice, and made choice of him for the instruction of his three Sons, who are now the most accomplished Princes in Christendom, notwithstanding the late disturbance and Rebellion of these present times, and are likely to prove the most renowned, when the present troubles shall be composed. Education goes beyond nature, as Aristotle showeth, 1. Ethic. Good instruction, and learned Education, doth add those perfections which cannot be obtained with ordinary helps, and by such men as know only their own native Country and Climate.  
The opposition that some men make against the Votes and presence of the Bishops in Parliaments, and other places of Office and employment under the King, doth arise from that false principle; that jurisdiction Ecclesiastical and civil, aught to be distinct and separate both for persons and their employments. Which is already here confuted, it being one grand error of Calvin and Beza, with divers others that follow them too closely in all opinions, as if they had been men free from error.  
Our Bishops in ancient times were most part Lawyers; learned in the Civil and Canon Laws, and thereby also knowing much in the Canon Law, and therefore they were the chiefest Judges of the Land in all Courts of Justice, as Spelman showeth in his learned Glossary for 200 years after the Conquest, reckoning the Catalogue of the great Lord chief Justices, being most part men of the Church, pag. 409. 410, etc.— and so pag. 131. Fungebantur antique cancellariatus dignitate viri tantum Ecclesiastici & Episcopi, qui praeterea Curam gerebant Regiae cap●llae, repositaque illic Monumenta, (Rotulos & Recorda vocant) sacra custodia tuebantur,— etc.—  
And so also Lord Cook showeth, 1. Instit. lib. 3. pag. 304. B. In ancient time the Lord Chancellor and Treasurer, were most part men of the Church, yet were they expert and learned in the Laws of the Realm, as for example in the time of the Conqueror. Egelricus Episcopus Cicestrousis, viz. Antiquissimus & in legibus sapientissimus. Nigellus Episcopus Eliensis Hen. 1. The saurarius in temporibus suis incomparabilem habuit Scacarii scientiam, & de eadem scripsit optime. Henricus Cant. Episcopus▪ H. Dunelm. Episcopus. Willielmus Episcopus Eliensis. G. Roffensis Episcopus. Martinus de Pateshall Clericus Decanus divi Pauli London, constitutus fuit capitalis justiciarius de Banco,— etc.— Willielmus de Raleash Clericus justiciarius Domini Regi●. johannes Episcopus Caliolensis, temp. H. 3. Robertus Passelew Episcopus Cicestrensis, temp. H. 3. Robertus de Lexinton, Clericus constitutus sapitalis justiciarius de Banco. johannes Briton Episcopus Hereford. Henricus de Stanton, Clericus constitutus fuit capitalis justic, ad placita, With many others.  
So also Selden affirmeth, in his Notes upon Fleta.—  
Sir john Eliott in his Speech in Parliament, confesseth that there are among our Bishops (whose profession I honour (saith he) such as are fit to be made example for all ages, who shine in virtue, and are firm for our Religion, etc.— as Rushworth relateth in his Collections pag. 661. If Bishops be so eminent that they shine in virtue, certainly they are fit men to be present in Parliaments: for Parliaments ought to consist of such men, as shine in virtue, as are firm for Religion.  
A Learned Knight and Courtier, writing an answer to Sir Anth. Welden his Pamphlet, entitled the Court and Character of King james pag. 178. where he speaketh of the preferment of Doctor Williams to be Lord Keeper of the great Seal, showeth, That former ages held it more consonant to reason, to trust the Conscience of the Clergy with the case of the Laymen, they best knowing a case of Conscience. And anciently the civil Law was always judged by the Ministers of the Church, and the Chancery, and Courts of Equity, in charge of a Divine Minister. So ran that Channel, till Sir Francis Bacon's Father had it from a Bishop; and now a Bishop had it again from Bacon. And had King james lived to have effected his desires, the Clergy had fixed firm footing in Courts of Judicature out of the road of Common Law, and this was the true cause of William's Invitation thither.  
To prevent many Complaints and Mischiefs, there can be no better way then to follow the Example of Gods own chosen people of Israel, where the chief fathers of the priests and Levites were Judges in all Courts, both high and low, sitting together with some chief men of the other Tribes of the Laity, as they are now called. And though our Law be otherwise of late years, and the jurisdiction of Courts divided, yet it was not so anciently, and the King may put some of the Clergy in some places and Courts (at least of Equity) as King james did design, if he had lived longer, and that without any prejudice to the Law or Courts of Justice.   

CHAP. IU.  
Concerning the Honour and Dignity of the Bishops, in the time of the Saxons, and so continued to these times.  
FOr the Dignity, Order, and Estimation of the Clergy, they were from the beginning reckoned and accounted equal with the best, as appears by the Laws of divers Kings▪ as first, of the first Christian King Ethelbert; who in his Laws, doth provide in the first place for their rights and privileges, and what Satisfaction shall be made, for any wrong done to the Church, or Bishops, or Clergy.  
Quicunque res Dei vel Ecclesiae abstulerit, duodecima componat solutione. 
Concil. p. 127.   
Episcopi res, 
Bede ●. 2. c. 5.  undecima solutione.  
Sacerdotis res, nona solutione.  
Diaconi res, sexta solutione.  
Clerici res, trina solutione.  
Pax Ecclesiae Violata, duplici emendetur solutione.  
Volens scilicet tuitionem eyes, quos & quorum doctrinam susceperat praestare, saith Bede.  
These being the first Laws of our first Christian King of the Saxons, they ought to be reverenced for their Antiquity, piety, and Christian Justice, in rendering to every man his own due, though 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.  
Quomodo damna & injuriae, 
Concil. p. 206.  sacris ordinibus illata sunt compensanda.  
And often elsewhere in the Councils many Laws do ordain, what satisfaction shall be given to the Church and Bishops for several offences committed: 
H. Edw. Confessor. c. 3. Decanus Episcopi reliquas decem partes habeat.  for then the Bishops had a great part in all fines, and shared in forfeitures and penalties with the King.  
Furthermore for point of Honour and Dignity, it appears by the Laws of King Athelstan, that every Archbishop was equal to a Duke of a Province. Every Bishop to an Earl and so esteemed in their valuations. Vide K. Athelstani Regis apud Lambardum p. 71. & Council Britannica pag. 405. cap. 13. de Weregeldis. 1. capitum aestimationibus.  
The Title of Baron was not then known or used among the Saxons, but they called the Nobility Thanes. Vid. K. Inae pag. 187. Sect. 9 and the Bishops were equal or rather superior to the Thanus Major, and the priest to the Thanus minor. The Bishop and Earl are valued at eight thousand Theynses.  
Messe-Theynes, 
K. Athelstani. pag. 406.  and Worald-Theynes; id est, Presbyteri & secularis Thani jusjur andum in Anglorum lege reputatur aeque sacrum, cum Sacerdos Thani rectitudine dignus est.  
The Priest was then accounted equal to a Knight, or Lord of the Town, and was commonly styled by the name of Sir, as a Knight was, though now it be derided and out of use.  
Out of these Laws, and some others, doth the learned Antiquary, who is so well versed in the Antiquities and Monuments of our Laws and Kingdom, fully set down the ancient dignity and order of the Clergy.  
— Magno sane in honore fuit Universus clerus, cum apud Populum, 
Epist. ad Regem. Tum in vita tum in favore Concil. Thansam. pag. 525.  & Proceres; tum apud ipsos Reges Angliae Saxonicos; nec precaria hoc quidem concessione, sed ipsis confirmatum legibus. Sacerdos ad altare Celebrans minori Thano (i e. Villae Domino atque militi) aequiparabatur, in censu capitis pariter aestimatus pariterque alias honorandus, quia Thani rectitudine dignus est. Inquit Lex, Abbas sine C●nobiarcha inter Thanos majores (quos Barones Regis appellarunt posteri) primicerius fuit: Episcopus similiter inter Comites ipsos majores, qui integro fruebantur comitatu, juribusque Comitivis: Archiepiscopus Duci & satratrapae amplissimae Provinciae pluribus gaudenti comitatibus praeficiebatur: Vt & caeteri omnes Ecclesiastici comparibus suis omnibus secularibus: Amplectebantur Reges universum clerum laeta front, & ex eo semper sibi legebant primos a consisiis, primos ad officia Reipublicae obeunda. Quip sub his seculis apud ipsos solum erat literarum clavis & scientiae, (dum militiae prorsus indulgerent laici) factumque est interea, ut os sacerdotis oraculum esset plebis, & Episcopi oraculum Regis, & Reipu●. Primi igi●ur sedebant in omnibus Regni comitiis & tribunalibus Episcopi in Regali quidem palatio, cum Regni magnatibus, in comitatu una cum comite, & justiciaerio comitatus, in Turno Vicecomitis cum Vice●omite; & in Hundredo cum Domino Hundredi: sic ut in promovenda justitia, usquequaque gladius gladium adjuvaret; & nihil inconsulto sacerdote, (qui velut saburra in navi fuit) ageretur. Mutavit priscam hanc consuetudinem Gulielmus primus, 
K. Edw. Confes. c. 3. — etc.—  
After the Conquest William the first divided the Ecclesiastical Courts from the secular, not with a purpose to diminish the Ecclesiastical authority. 
K. Gulielm. in proaem. — Imo jurej●rando confirmavit leges sanctae matris Ecclesiae, quoniam per cam, Rex & Regnum solidum habent subsistendi firmamentum.  
Yet the Bishops and Clergy do not now expect, or desire to enjoy their ancient 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 Clergy have had too much, but that is taken away, and now we have too little. For there was no less in the whole taken away from them, than many hundred thousands sterling, too incredible to be here briefly expressed. I will only mention one, for example the Archbishopric of York, from which was taken 72. manors and Lordships at one instant, by one of the last statutes of Hen. 8. 
37. H. 8. cap. 16.  and the like happened to Canterbury, London, Lincoln, and all the rest, which me thinks should be enough to satisfy, that men should not go about to strip them of these poor pittances that are left unto them, being but small fragments, in comparison of their ancient patrimony, which the liberality and piety of the primitive times ha● conferred on them, when Charity and Piety was fervent, and abounded with good works of all kinds; insomuch that they thought no honour or respect too much to be given to the Clergy, especially to the reverend Fathers and Bishops of the prime order.  
From what hath been said, it is manifest that the Bishops were equal to the greatest persons and estates of the 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 of the Examiner Dr. Burgess.  
That Bishops at first were but casually mounted to that height of extent and power, 
pag. 42.  by William the Conqueror, the more to endear and oblige them.  
And that it is only of Grace that Bishops were first allowed place in Parliament. 
pag. 43.  And that they crept in by favour to serve a conquerors turn, 
pag. 44.  and can derive no higher for sitting (as now they do) in the House of Peers, than an Act of Parliament if so high.  
Whereby it is manifest by all the Laws of the Saxon Kings, both in the edition of Lambard and of the English Counsels by Sir Henry Spelman, that the Bishops were the principal men in all ages for ordaining of Laws and Consul●ations, 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 Councils.  
Vide Concil. Glocestriensiae, pag. 230.   

CHAP. V.  
Concerning Barons and the Title thereof, and how the Bishops became Barons, being no addition of Honour to them, but enforced upon them by the Conqueror, and since continued to this day.  
AS for the Title and Original of Barons, and the old signification of the Word; Selden in his Titles of Honour. 2. part. cap. 7. Especially Sir Henry Spelman in his learned Glossary— upon the word Baro hath so accurately showed divers particulars, that I need not here repeat them. But touching the Title and Name, as it is now commonly used, I will say something as it is now understood, it came among us since the Conquest, as the Glossary showeth pag. 81. Ad Anglos pervenisse videtur vocabulum Baro, vel cum ipsis Normanis, vel cum Edwardus Confessor, auras moresque imbibisset Normannicos— Huntingtoniensis aevi sui vocabulum usurpans, Histor. lib. 5. Adolwaldum, (qui occisus est, An. Dom. 903) Baronem Regis Edwardi senioris vocat; sed Author antiquior Florentius Wigorniensis, eundem Ministrum Regis appellat, quo etiam vocabulo scriptores ipsi Saxonici passim usi sunt. So in the Saxon Councils, and Charters, divers great men who were no less then Thanes, do style and subscribe themselves Ministros Regis, as in the Charter of Edgar p. 486.  
Ego Oswald minister confirmavi.  
Ego Elfwurde minister corroboravi.  
And the like frequently 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 a priscis feodalibus Baronibus oriundi, suam hodie praescriptione tuentur dignitatem.  
2. Evocatos, seu rescriptitios, qui brevi Regio ad Parliamentum evocantur.  
3. Diplomaticos, qui Regio Diplomate hoc fastigium ascendunt. Feodalium originem inter eos collocavero, quibus Willielmus senior Angliam totam dispertitus est de se tenendam, quorumque nomina in Domesdei paginis recognovit.   
Rescriptitios ab aevo Regum johannis & Henrici tertii caput extulisse censeo.  
Diplomaticos initium sumpsisse perhibent sub Richardo secundo, qui anno Regni sui 8. (1. Christi 1387▪) johannem Beauchamp de Hall in Baronem de Kinderminster suo evexit 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 by Writ as Barons, and principal persons by the Kings to come unto Parliaments, and also they are created by Patent, which is presented to the Archbishop at their consecration.  
But all the Feudal Barons were not summoned to Parliaments: Quorum ingens erat multitudo, quae plus minus 30000. nullo tecto convocari poterat.  
William the Conqueror brought in Tenors, enforcing all men of estates to hold by one Tenure or other; and having made 30 thousand to hold by Barony, yet he never called so many to a Parliament; seeing no Houses could hold so many: and as not all the Feudal Barons were called, so not all the Abbots or Priors, though they had great estates, but a convenient number, sometimes more and sometimes less, as in 49. Hen. 3. Which is the first Parliament upon Record, there were called to Parliament of the Clergy, 102. besides five Deans, saith Spelman, Glossary pag. 4. Anno. 1. Edw. 2. there were 36. Abbots. Anno. 4. Edw. 3. about 33. and all other times more or less. Yet not so few, as the Examiner relateth out of Sir Edward Cook (pag. 33.) who though he were a great Master of law, yet in matters of Antiquity must yield to the Author of the Glossary, whom in private he would call his Tutor, as well he might.  
Cambden, writing of the Degrees of States in England, pag. 170. speaking of the Bishops— by right and custom it appertained to them, as to Peers of the Kingdom, to be with the rest of the Peers personally present at all Parliaments whatsoever, there to consult, to handle, to ordain, decree, and determine in regard of the Baronies, which they hold of the King.  
For William the first (a thing which the Churchmen of that time complained of, but these in the age ensuing counted their greatest honour) ordained Bishoprics and Abbeys, which held Baronies in pure and perpetual alms, and until that time were free from all secular service, to be under Military or Knight's Service, enrolling every Bishopric and Abbey at his will and pleasure, and appointed how many Soldiers he would have every of them to find for him and his Successors, in the time of Hostility and War. Thus William the Conqueror being very rigorous, imposed upon the Bishops and Abbots that held their estates by Barony, great impositions to maintain arms, horses, and furniture for War, enrolling them as he thought them able: but it seems the lesser Abbeys, that did not hold by that Tenure of Barony, and Parish priests, were not taxed as now they are.  
But under the Saxons, when the grievous imposition of Dangelt was imposed and raised from ten thousand pounds yearly to thirty thousand pounds, and in the year 1012. to forty eight thousand pounds, which was a great sum for that age, when money did not abound as it doth now, yet the Church was then free.  
De hoc Dangeldo libera & quieta erat omnis Ecclesia, qui● magis in Ecclesiae confidebant orationibus, quam armorum defen●ionibus.  
The Prince and People did rely more upon the prayers of the Church, for their deliverance and help, then upon any arms that they could raise, though the necessity of those times was very urgent burdensome and desperate. But there is no such Piety, Mercy, or favour now showed to the Church or any part of the Clergy: But their Estates, Lands, and Revenues are the first that are seized on, sequestered, sold, and disposed, to raise money for the maintenance of War and payment of Soldiers, Goths and Vandals, Scots and Red●hanks, as errand Philistines as ever came out of Gath and Askelon. And all particular ministers of every Parish though they lose not all their Tithes, yet they are taxed in a greater proportion than any Lay men, and many Shires petitioned the Parliament to take away Tithes, and it was debated also in the Rump-Parliament, to take away Tithes, and the Lands of both Universities, to maintain Soldiers and their Charges which are so excessive and outrageous.  
Hanc libertatem te●uit Anglorum Ecclesia usque ad tempus VVillielmi junioris— etc.—  
William Rufus was the first that enforced this payment on the Barons and the Clergy. Concessum est ei, non lege statutum, neque firmatum, sed habuit necessitatis causa ex unaqu●que hyda; quatuor solidos Ecclesia non excepta, quorum dum fiere● collectio, proclamabat Ecclesia libertatem suam reposcens, sed nihil pr●fecit.—  
Thus the Religious and Learned Spelman, being the greatest Patron and Defender of the Church, and the rights and privileges thereof that this age hath afforded. Glossar. pag. 200. on the word Dangeldum.  
Dr. Burgess the Examiner might have observed what Cambden and Spelman have written of the distinction and difference of Barons, both Authors having written long 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, but imposed many burdens upon them. He restrained them in many things, using the power of a Conqueror, and clipped the Wings of their Temporal power and confined them within the Limits of their Ecclesiastical Jurisdiction; He procured Stigand Archbishop of Canterbury, Agelrieus Bishop of East-Angles, and certain other Bishops and Abbots to be deprived by authority from Rome, and detained them in prison, that strangers might enjoy their places. As Sir john Hayward showeth in his History of the three Norman Kings pag. 87. before time they had part in fines and Mulcts, and power of coining money, as appears by the Laws of King Athelstan, De Monolariis, pag. 399. and many other places. But these were soon after reserved to the Crown as principal prerogatives. And till the Council 
Concil.  of Clarendon, under Hen. 2. the Clergy and Bishops enjoyed many more freedoms and privileges, which were abated oftentimes and much diminished, about which there was great contention, when Thomas Becket opposed the King; which the learned Glossary showeth, pag. 82.  
Episcopi autem Barones dici videantur propter nominis dignitatem, non quod vassallagium pendebant aut seculare servitium: Hoc enim nostratibus jugum injecit omnium primus Willielmus senior Anno 1070 ut in eodem tradit Matth▪ Paris. Auxit magnopere Willielmus junior ut in Historiola Ducum Normaniae & in lib. Edwardi Confess. C. 11. Sed post varias colluctationes, aeterno robore domum confirmavit Hen. 2. Anno Dom. 1164. in magno Concilio Clarendoniae habito. Praesidente eidem ex ipsius mandato sacellano suo johanne de Oxonia, praesentibusque Archiepiscopis, Episcopis, Abbatibus, Prioribus, Comitibus, & Baronibus▪ Regni in hunc tenorem.  
Archiepiscopi, Episcopi & Vniversae personae Regni, qui de Rege tenent in capite, habeant possessiones suas de Rege sicut Baroniam, & inde respondeant justiciariis & ministris Regis & sicut Caeteri Barones debeant interesse judiciis curiae Regis cum Baronibus quousque perveniatur ad diminutionem Membrorum, vel ad mortem.  
So that the Bishops, besides that they are called by the Kings Writ to Parliament, and thereby have the same right that other Lords have; yet since the Conquest they may be accounted also among the Feudal Barons.— Qui nomen dignitatemque suam ratione fundi obtinuerint, transferri autem olim aliquando videatur dignitas cum ipso fundo, ut Episcopi suas sort●untur Baronias sola fundorum investi●ra. Nam ut inquit Stamfordus, lib, 3. cap 62.  
Ne ont lieu en Parliament— ejus in respect de leur possessions. S. L' ancient Barones annexees a leur dignities.  
Whereas therefore Dr. Burgess saith pag. 45. [albeit the Bishops are usually said to hold of the King per B●roniam, yet this happily may be meant rather of the honour affixed to their places, which works it up into a dignity, then of the Land pertaining to them.] This is but fustian nonsense, and gross ignorance; for like Feudal Barons, suas sortiuntur Baronias sola fundorum investitura.] In like manner I take it, as the Earls of Arundel, both formerly and of late, being possessed of the Castle of Arundel, Honour and Signory, without other consideration or creation to be an Earl, became Earls of Arundel, and the name, State, and Honour of the Earl of Arundel peaceably enjoyed, as appeareth by a definitive judgement given in Parliament, as Cambden relateth out of the Parliament Rolls of Hen. 6. 
in Sussex p. 309.  out of which Cambden copied out what he saith.  
Further Dr. Burgess 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 being men of great Integrity and Learning, are as careful for the preservation of the public, wherein standeth the Safety of themselves and their Successors, as any Temporal Lords ●an be; and perhaps the more, because Temporal Lords do often fall into great want and poverty, selling sometimes the very head of their Baronies, and so oftentimes become very obnoxious; and some of them growing poor have been degraded of their Titles and Honour; Whereof Lord Cook giveth an instance 4. Instit. pag. 355. How Nevil (both Father and Son) Dukes of Bedford, were degraded by the King and Parliament, 17. Edw. 4. And for so much as it is openly known, that George Nevil Duke of Bedford, hath not, nor by Inheritance may have, any livelihood to support the said Name, Estate and Dignity, or any name of estate, as oftentimes it is seen, that when any Lord is called to high estate, and have not Livelihood convenient to support the same dignity, it induceth great poverty and indigence, and causeth oftentimes great Extortion, Imbrolery, and maintenance to be had, to the great trouble of all such Countries where such estate shall happen to be inhabited; wherefore the King by the advice of his Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the authority of the same, ordaineth, establisheth, and enacteth, that from henceforth the same evection, and making of the same Duke, and all the Names of dignity to the said George or to john Nevil, before henceforth void and of none effect,— etc.—  
And much more the Lord Cook addeth to the same purpose, as also York the Herald, pag. 223.  
The late Lord Brook, who was slain at Lichfield when he was ready to batter the Cathedral Church, in his book against Bishops, speaking much against them, and magnifying the Temporal Barons, saith, that though their Honours are derived from the King, yet being once made Lord their Honour is vested in their blood and cannot be taken away; but his Lordship was not learned in Law or Heraldry: He might have taken notice what Lord Bacon saith in his Apopthegmes; That blood is no better than the blood of a black Pudding that wants Fat and Suet: Honour is vested in the lands, Manors, and Revenues, which when they are lost and gone, farewell Honour and Title.  
Edward Lord Cromwell (Grandchild to him that spoiled the Church) sold the head of his Barony, Oukham in Rutland, and wasting his whole estate left himself as little land in England, as his Grandfather left to the Monasteries; by the Feudal Law his Barony is lost.  
The last Edward Lord Zouch who died 1. Caroli, who was a very great Baron anciently, sold the Head of his Barony Haringworth in Northamptonshire, 
pag. 40.  and all the Lands which he had, insomuch that Henry Howard Earl of Northampton said, He was a Baron sans terre. Whereupon he bought again some other lands, but having no Sons his Barony his extinct.  
Henry Daubeny Earl of Bridgewater, created 20. july 30. H. 8. died without Issue, Anno ... Edw. 6. and so his Name, Family and Dignity extinct. This Earl was reduced to that extreme poverty, that he had not a servant to wait on him in his last sickness, nor means to buy Fire or Candles, or to bury him; but all was done for him in Charity of his Sister Cicely married to john Bourchier, the first of that name Earl of Bath.  
Many more might be alleged, but these are enough to show, that when Lords have lost their Lands and Revenues, than they are not fit men to fit and vote in Parliament, and many there are who though no● wholly impoverished, yet so decayed, that they are not so fit as the Bishops to be present in Parliaments, who if they might have enjoyed their ancient Lands and Manors, were indeed the most able and worthy to be Members in Parliament, both in regard of their great estates, and their Knowledge and Learning in all kinds, far beyond the Temporal Lords.  
Lastly, 
pag. 45.  Whereas Dr. Burgess saith, the Bishops are Barones Ele●mosynarii, and would thence infer that they are but as Arbitrary Almsmen, like the poor Knights of Windsor, who may be abated or taken away at pleasure.  
This is but a spiteful inference upon the bare word Eleemosyna, without the true sense of it; For as the Learned Glossary showeth,— Barones Eleemosynarii apud Stanfordum, & in jure nostro dicuntur, Archiepiscopi, Episcopi, Abbates & Priores, qui praedia suae Ecclesia a Rege tenent per Baroniam: Baronias etiam suas, ex Eleemosyna Regum perhibentur accepisse, licet ipsa praedia aliorum saepe munificentia 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, and being so bought, they cannot in justice be taken away, as if all had been given by the King and others, as mere Alms.  
Lanfranck Archbishop of Canterbury, bought and recovered 25. Manors, and left them to his Successors. Harvey the first Bishop of Ely in the time of Hen. 7. bought and left many Manors to his Successors, and so likewise did many other Bishops, 
〈…〉  enriching much their Bishoprics, and leaving besides many testimonies of their piety, by building Colleges and Hospitals▪ And other good works to the benefit of all men: They founded also, almost all the Colleges in both Universities, to their eternal honour, so long as Learning shall flourish in this Kingdom.   

CHAP. VI  
Concerning the Legislative power and Votes of the Bishops in making Laws. Concerning the Statute 11. H. 7. Whereby Empson and Dudley proceeded, and what great Treasures they brought to the King. Calvin and Beza at Geneva were Members of their Chief Council of State, consisting of 60. and so many Bishops in England be Members in Parliament.  
King David appointed Priests and Levites in all Courts of justice.. The Clergy had many privileges; as Lord Cook showeth upon Magna Charta. 2. Instit. pag. 2, 3. Ambition and Covetousness of the Presbyterians, the principal cause of all our Troubles.  
BUt concerning the Legislative power, and Votes of Bishops, in making Laws to regulate the Kingdom, and to preserve peace and justice among all sorts of men, there is not to be forgotten an ancient Law of King Athelstan, Concil. pag. 402. c. 11. That worthy King in his Laws hath one.  De Officio Episcopi, & quid pertinet ad Officium ejus. 
Episcopo jure pertinet omnem rectitudinem promovere, 
Cap. 11.  Dei scilicet ac seculi, imprimis debet omnem ordinatum Dei instruere, quid ei jure sit agendum, & quid secularibus judicare debeat. Debet enim sedulo pacem & concordiam operari cum seculi judic●bus, qui rectum velle diligunt, & in compellationum adlegationem docere, ne quis alii perperam agat in jurejurando, vel in ●rdalio.  
Nec pati debet aliquam circumventionem injustae mensurae, vel injusti ponderis▪ sed convenit ut per Consilium & Testimonium ejus omne legis scitum, & Burgi mensura, & omne pondus, ponderis sit secundum ejus institutum valde rectum.  
Ne quis proximum suum seducat pro quo decidat in peccatum. Et semper debet Christianus providere contra ●mnia quae praedicta sunt, & ideo debet se magis de pluribus intromittere, ut sciat quomodo grex agate▪ quem ad Dei manum custodire suscept, ne diabolus eum laniet, nee malum aliquid super seminet, etc.—  
Christianis omnibus necessarium est, ut rectum diligant, & iniqua condemnent, & saltem sacris ordinibus evecti, justum semper erigant, & prava deponant; Hinc debent Episcopi cum secularibus judicibus interesse judiciis, ne permittant si pessint, ut illius culpa, aliqua pravitatum germina pullulaverint.  
Et sacerdotibus pertinet in sua diocaesi, ut ad rectum sedulo quemcumque juvent, nee patiantur si possint, ut Christianus aliquis alii noceat, non potens impotenti, non summus infimo, non praelatus subditis, non dominus hominibus suis vel servis aut liberis molestus existat, & secundum Episcopi dictionem, & per suam mensuram convenit, ut servi testamentales, operentur super omnem serunm cui praest.  
Et Rectum est, ut non sit aliqua mensurabilis virga longior quam alia, sed per Episcopi mensuram omnes institutae sint, & ex aequatae per suam diocaesim. Et omne pondus constet secundum dictionem ejus; & si aliquid controversiarum intersit, discernat Episcopus. And much more is there added—  
It is manifest hereby, that by the ancient Laws of this Kingdom, what trust, care, and charge is reposed in the Bishops; not only to direct matters Ecclesiastical; but also to assist, rule, and guide Temporal Affairs; to preserve peace, Justice, and upright dealing, just and true administration of several offices and duties, whereby Religion is much advanced and adorned; when men are honest and upright in their Actions, Contracts, Bargains and civil dealings among themselves. So that they may not clash or oppose 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 be duly and rightly enacted and framed, without the advice, counsel, and assistance of Bishops and the Clergy.  
Whereas Dr. Burgess replieth that the Bishops were present but did not Vote; It is a very simple and frivolous answer. For the manner was not then in the time of the Saxons, to vote to and fro as they do now: but at the conclusion and end of every Council, Publick-meeting or Assembly, when their Acts or Constitutions were written; all the Lords present did subscribe their names, and testified thereby their Votes and Consents, and approbation of all that was done. Whereas the Custom is now, in most businesses, to vote and declare themselves by word of mouth, which is more uncertain; and many may be absent, especially some days, or out of the way at the time of voting: but by staying till the end of a Session or Parliament, and then subscribing their names, it was a more certain way to testify who were present, and consented to all laws, that are made: and posterity may know whom to thank, if the Statutes be good, or whom to blame, if they be unjust or unreasonable.  
As that Act 11. H. 7. c. 3. which gave power to Empson and Dudley, those two infamous Committee-men, to proceed upon information without Indictment by their discretion, and not secundum Legem & Consuetudinem Angliae, as all proceedings ought to be. By virtue of this Statute (which Cook hath printed, 4. Instit. pag. 40. 41.) Empson and Dudley did commit upon the Subject unsufferable pressures and oppressions. A good Caveat to Parliaments, to leave all causes to be measured by the golden and straight metwand of the law, and not to the uncertain and crooked cord of Discretion. And much more, to admonish Parliaments, Cook doth there add in very earnest manner: but our late long Parliament hath highly offended against all his severe admonitions, and have far exceeded any ill doings of Empson and Dudley. 
Hist. H. 7.  For as Lord Chancellor Bacon saith of them, They kept the half face of Justice in putting up indictments against many men, but they would not suffer any man to traverse them; and they had Jurors ready that would find any thing for fact or valuation: But now in the proceedings against the Clergy especially, there is not the half face of Justice observed, nor the outside: But only voting upon any information: and upon the Votes of Committees, or Sub-committees, and such like (not of either House) men are cast out, by Sequestration, of their Livings and Freeholds, especially the Clergy are oppressed beyond example of any former age.  
All which unjust and horrible proceedings would not have been suffered, if the Bishops had been permitted to enjoy their ancients rights, places, and power in Parliament; they would have protested against it, and declared their dissent, and found means to have hindered such detestable doings, far beyond the wickedness of Empson and Dudley.  
Empson and Dudley did not cast men out of their Houses, Lands, and Estates as is now done by voting: Only they did tamper and trouble men till they could get some money or fines upon the breach of some obsolete Statutes, which they called mitigations, saith Bacon: But now men's freeholds and Estates are taken away upon pretences only, and bare informations, without Jurors for Trial or witnesses upon Oath, or any legal proceeding.  
Empson and Dudley though they offended highly against Law, for which they were severely punished; yet there came some good to the public by their doing, for they filled the King's Exchequer with great sums of money, some millions of pounds, as Lord Cook showeth, 4. Instit. pag. 198. And Lord Herbert in his History pag. 9 Greater sums doubtless then any King of this Realm before had in his Coffers, and such as may be thought effectively quadruple to so much in our age.  
But our Long Parliament and Committee-men have spent many more millions of money, then can be imagined, more than ever David left for the building of the Temple, viz, twenty and three Millions of our money, and a thousand pound: A matter, but for the testimony of Scripture, exceeding all belief, saith Sir Walter Raleigh, 2. Book Cap. 17. Sect. 9 But our long Parliaments have spent more to pull down Temples; and have raised such a rabble of Sectaries, as are ready to pull down and destroy all the Churches in the Land, and to make spoil of all the materials and Revenues of them.  
Empson and Dudley brought so much money to the King's Coffers, that King Hen. 8. was exceedingly enriched, insomuch as Bacon saith of him, upon the death of Hen. 7●. That there was the fairest morning of a Kingdom, that ever was seen in this land or any other: but by his prodigal expenses, and Sacrilegious doings, there followed the foulest evening of a Kingdom that ere was known.  
Bancroft in his Survey, cap. 6. saith, that at Geneva they had a chief Council of threescore, (which is as a Parliament in their Government) and that Calvin and Beza were Members of that Council, and had vote and voice among them: and why may not a Bishop among us be present in our great Council as well as Calvin and Beza at Geneva, who carried all matters there under their Gowns, as Dr. William's Archbishop of York saith in his Speech in Parliament, which gave occasion to Dr. Burgess to write against him, and impudently to call him the pragmatical Arch-prelate of York: being an eminent person of extraordinary parts, both of Nature and Art, and by reason of his great Honour, being Lord Keeper of the great Seal, and his education in former times, was by many degrees far above Dr. Burgess, who never had any honourable place, and was but a little time in the University, never fellow of any College, as is well known, and how poorly and pitifully he had performed his Exercises in Oxon. when he took his degree, is very well remembered, and particularly mentioned by the Learned Dr. Heylin pag. 182. So Dr. Burgess termeth the Learned Dr. Davenant Bishop of Salisbury, only a speculative Divine: He being an eminent and principal Divine, Head of Queen's College in Cambridge and public Professor, and chosen by King james to be sent to the Synod of Dort, and by his Learned works publicly famous and renowned. Such malapert language against such Honourable and eminent Bishops, from an inferior Doctor, is not to be endured, without sharp censures.  
Now though some Canons may seem to forbid the Bishops and Clergy to intermeddle with secular affairs, yet that is not absolutely forbidden, but in a qualified sense, as in the famous Council of Cl●veshoe, under Cuthbert Archbishop of Canterbury, Anno 747. Can. 1. Negotiis secularibus, plusquàm Dei servitiis, quod absit, 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 principal 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 Davenants Determinations at Cambridge, Quest. 11. Civilis jurisdictio jure conceditur personis Ecclesiasticis.  
Thus much might serve for Reply to the Examiner Dr. Burgess, especially upon the fifth reason, which I hold to be the only thing material in the whole Discourse; for the rest will appear to be 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 Gods own people of Israel, whose Ceremonies and Rituals, though they be now abolished, yet the general rules of Justice, Equity, Government and Order, do still remain. And as God made the priesthood then honourable in the Kingdom of Israel, and committed a great part of the Government unto them; so doubtless now under the Gospel, the priesthood ought to be Honourable, and to have a principal part in the ruling and governing of the Kingdom: 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 all causes, both in the great Court of Sanedrim at jerusalem, (which was a Continuation of the 70. Elders, appointed by God himself Numb. 11. and was answerable in authority to our Parliaments, it being the highest Court of Judicature in that Kingdom) and so in the second Court of Judgement as our Saviour calleth it, Mat. 5. 22. where there were 23 Judges, whereof 7. were of the Laity, (as we now call them) Elders of the Cities, and every good City consisted of _____ Families; unto which 7. of the Elders, there were added 14 Priests and Levites, as josephus showeth lib. 4. cap. 8. where though he seem to say, that the number of the Judges was seven; yet if his next words following be well observed, he showeth the addition of two priests and Levites, to each of the other Magistrates of the people [〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉] Name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 intellig it singulos magistratum gerentes, quibus singulis bini erant additi adsessores periti juris, quos josephus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocat: Septem ergo municipes loci erant judices, praeterea adsessores quatuordecim, qui ex Levitis maxime sumebantur; his supernumer arii accessisse videntur unus & alter.] So Grotius in Mat. 5. 21. and so also the English Translation doth render the place. [In every City or Township, let there be seven Governors such as are approved in virtue, and famous for their Justice; and let each of these Magistrates have two Ministers of the Tribe of Levi.  
In this Court of Judgement all manner of causes were heard of Life and Death, whatsoever matters of Controversy within their gates, Ecclesiastical or Temporal; Yet excepting some weighty businesses concerning a whole Tribe, or the high priest, or a false Prophet, which belonged only to the great Council at jerusalem. Whether also they might appeal, in any doubtful cause, which was too difficult for the inferior Courts.  
judices in portis cujusque Civitatis jus super causis majoribus reddebant, & in homicidas lege agere solebant, de quibus agitur, Deutr. 16, 18. & 21, 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 autem paena erat gladius, quia de homicidis inibi cognoscebatur, ut & Moses nos docet & Christus.] Grotius in Mat. 5. 21.  
When King David was old, and neat 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 Chr, 24 1. 2. In this great Parliament the priests and Levites were not omitted, not in any Court of Justice in that Kingdom: For as it is p. 4. There were six thousand of them appointed Officers and Judges throughout the land of Israel, which is the thing that now many of our 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 businesses of the Lord, and in the service of the King. This Text is very plain to prove that the same man, may be employed in Ecclesiastical matters of the Church, as also in the King's Service. So pag. 32. David appointed two thousand and seven hundred chief Fathers, to be Rulers over the Reubenites, Gadites, and the half Tribe of Manasses, who were beyond jordan, for every matter pertaining to God, and affairs of the King; and c. 26. 14. Zecharias a Levite, is commended for a wise Counsellor. But that now any of the Clergy should be Counsellors, Judges, or Officers, unto Princes, is accounted by some an unlawful thing, or at least not very commendable: Whereas we see by this very law and direction of King David, that the Levites might attend business, belonging to the worship and service of God, and instruction of the people, as also of the public service and affairs of King and State: So the Divines in their late Annotations on the Bible, do acknowledge that the Levites did study the Judicial and politic Laws, and had power to see the law of God, and injunctions of the King to be observed, and to order divine and humane affairs, 1 Chron. 26. 29, 30. 2 Chron. 19 8, 11. So the Learned Grotius, Sicut lex erat van, praeptrix divini omnis humanique juris, ita apud Hebraeos, penes eosdem erat juris utriusque interpretatio. Upon Mal. 2. 4. and so other Commentaries do affirm, as Lavater in cap. 23. Per Civitates & Provincias judicia Ecclesiastica, & civilia exercu●runt— and so Peter Martyr, in 2. Reg. cap. 11.  
Neither will it hinder the study of Divinity, or care of preaching the Gospel, if some fit men be employed sometimes in the Government of the public (as to be Justices of the peace) 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 one's 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, Trades, and Courses of Life; and seeing the Clergy are mingled among them, and infinitely entangled, especially of late days being made subject, (which they were not formerly) to all temporal laws, Suits, Arrests, Executions, Imprisonments, Impositions, Taxes, Charges, and Subsidies, it is but reasonable that the Clergy should have some of their own Tribe in place of Judicature and Office, to see the inferior Members defended, and fair carriage showed to them: Aristotle saith, lib. 3. Polit. cap. 1. Civis nulla re alia magis definitur, quam participatione judicii ac Magistratus. Whosoever are Citizens in a Kingdom, meaning properly Citizens, and of the better sort, (not Labourers, Porters, Scavengers) they ought to have voice and suffrage, and to be capable of Magistracy and Office, if they be worthy and fit for it by any excellent parts of Learning, Knowledge, and Wisdom: wherein the Clergy have some opportunity to excel others, and often go beyond the ordinary sort of men, that are not bred up in Learning, Arts, and Sciences.  
Sir Francis Bacon observeth out of the ancient Roman Law, that there belongs to every Subject, certain common rights and privileges which cannot be taken away from any of them, 1. Ius Civitatis. 2. Ius Connubii. 3. Ius Suffragii, 4. Ius Petitionis & Ius Honorum. These four ordinary rights and freedoms, are by the Customs and original principles of humane Societies, due to all Citizens of quality. Such as ever the Clergy have been esteemed, ●nd still aught to be, if men will profess themselves to be true Christians indeed; and to honour the Messengers and Ambassador's o● our Saviour Christ, whom he hath appointed to instruct and govern his Church and people. The Pope deprived his Clergy of the two former rights, by accounting them separate and exempt from the Common Laws of all Kingdoms, and forbidding marriage to them: And now our zealous professors would deprive out Clergy of the two la●ter 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 Common-people.  
Lord Coke 2. Instit. cap. 2. pag. 3. Upon Magna Charta. Concessimus Deo, quod Ecclesia Anglicana libera sit, & habeat omnia sua jura integra, & libertates suas illaesas. True it is, that Ecclesiastical persons have more and greater Liberties, than any other of the King's Subjects; wherein to set down all, would take up a whole Volume of itself, and to set no examples, agreeth ill with the office of an expositor: therefore some few examples shall be here expressed. There he putteth down many particulars which are very considerable, and I refer the Reader to him. But in the end he concludeth, that all the liberties of the Clergy are lost or not enjoyed. But why should the Clergy be deprived of so many liberties, rights, and privileges, being so fully settled upon them, by the fundamental Laws of the Land. We may thank such unworthy fellows, as to please the vulgar people, will be content to see the Clergy stripped of all their rights and liberties, from the first to the last, as it happens in these troublesome times. But the true reason is, because that Dr. Burgess, and such as he is could not obtain the principal dignities and preferments of the Church, that so they might with the preferments, have had the benefit of the privileges and liberties.  
Ambition and Covetousness hath always been the bane of the Church: Whereof there are many examples in all ages; as in the beginning of the Jewish Churches. Corah being's Levite of the Cohathites, which was the chief Family of the Levites, as is observed on Numb. 3. 38. he took offence (as S. jarchis noteth on Numb. 16.) and envied at the preferment of Elizaphan, the Son of Uzziel, whom Moses had made Prince over the Sons of Cohath. Numb. 3. 30. When he was of the youngest Brother Uzziel: and Korah himself was of Izkar, elder than he: See Numb. 3. 29. 30. But by the Sequel it appeareth that he lift up himself not only against Elizaphan, but against Moses and Aaron, and sought the priesthood also, pag. 10. as Ainsworth observeth on Numb. 16.  
So in the Christian Church, Arrius the infamous Heretic was displeased, because he could not obtain the Bishopric of Alexandria, and thought himself as worthy as Alexander: and being discontented at his loss of so rich a bishopric, 
Centur▪ Magdeb. 4. p. 371.  raised that Heresy which plagued the Church 300. years. So A●rius offended because he could not obtain a Bishopric, took exception against the Dignity of Bishops, As Epiphanius showeth; 
Haeres. 75.  and many more such examples are obvious in the Ecclesiastical Histories.  
And so at this instant of our Troubles, the Presbyterian Divines were offended because they could not obtain the chiefest dignities of the Church. Mr. Stephen Marshal a principal Presbyterian, did once petition the King for a Deanery, and at another time for a Bishopric: Which because he could not obtain as the King told him at Holdenpy, where he attended upon the Commissioners, therefore he would overthrow all.  
Doctor Twist was an earnest Suitor for the Deanery of Salisbury; which because he could not obtain, nor a Prebend in Windsor, which he once desired but failed of it, Mr. Hales of Eton College being preferred before him, therefore he was angry and discontented that he must rest and sit down upon his living at Newberry.  
Doctor Burgess, was one of the same shape, he never had a fellowship, or any like place of Continuance in any College, but left the University after he was Master of Arts: yet he got two livings, St. Magnus in London, and Watford, near St. Alban; and then endeavoured to be made the King's Chaplain, which once he obtained, but was shortly put out, by means of the Archbishop: So that he being offended, did only watch for a time, when he might fish in troubled waters; when the late troubles began, he became the chief Leader of the rascal rabble out of London, to cry out for Justice against the Earl of Strafford, and against the Bishops, and at length he invaded the Deanty of Paul's, being allowed a Stipend of 400. l. yearly. And since he hath invaded the House of the Bishop of Wells, and much of the Lands: But had he been made Dean of Paul's, or Bishop of Bath and Wells by King Charles, he would never have opposed the Bishops.  
The like is known concerning Mr. Henry Burton, The original of his discontent is well known: He lost his place at Court, which for a little time he enjoyed under Prince Charles, and so losing his hopes of further preferment, he was enraged with envy and revenge against the Bishops, and all Church Government, and at length degraded and punished according to his demerits. Thus Ambition and Covetousness, was the true motive of all the Presbyterian fury and rage against the Bishops and Ecclesiastical laws and Courts.  
But to return to our former purpose and discourse, why it is fit and reasonable, that some principal men of the Clergy should be in power and some places of Judicature, to preserve the inferior Clergy from oppression and contempt, whereunto they are now obnoxious. Whereas if the Clergy might now enjoy those ancient privileges, which are mentioned in Scripture, as Gen. 47. of King Pharaoh, who in the time of Famine and great extremity, spared the Priest's Lands, and allowed them their portion, so that they sold not their Lands: Then men might better 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 principal men of the Clergy should have voice and suffrage in making the Laws, that are enacted for their Government and Taxations.  
Besides the course of Laws and Government is now much altered from what it was in former times, 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 and necessaries for their Families, for than they lived most part single in Colleges, and Monasteries, and Societies under the Bishops, where all necessary provisions were made by Stewards and Officers, appointed for the purpose; so that their cares in all those respects, were lessened and abated much; that they might apply their studies only, and forsake all worldly business, which now they cannot forego, 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 in 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.  
Further it is but a Popish opinion, that Regimen Ecclesiasticum est distinctum a politico. 
De Rom. Pontifice. 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 affirmeth as much, 4. Instit cap. 11. Sect. 1. Ecclesia Dei sua quadam spirituali politia indiget, quae tamen a civili prorsus distincta est, etc.— 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 since the Conquest, but not formerly as hath been already declared, cap. 2. the Courts of justice are divided, the Temporal from the Ecclesiastical, and so in most other Kingdoms: Which yet I do not think to be the ancient manner, not to be the best course, though things being settled as now they are, at this present, it is not safe to change much; for in a Kingdom, the Courts of justice which have been long settled, cannot easily be altered without danger and ill consequences. But yet without any alteration of Laws or Courts, the Courts may be furnished with judges of all sorts, some Ecclesiastical persons, as well as any others, for it is against humane nature, and Society to debat the Clergy, and shut them out of all public places of Trust and judicature: The Issue and event whereof can be no less than the disgrace and reproach of the Clergy, and to make them as the filth of the World, and offscouring of all things.  
Whereas it is well known, that many Doctors of Divinity, are as fit to be justices of peace as any Knights, or Esquires; The Doctors being learned in many kinds, but very few of the Gentlemen eminent for Learning: or if they be, they are such as will be glad to have the Society and Company of Learned Doctors, who are oftentimes skilful in Civil and Common Law, and other parts of good Learning, which do enable them for public employments.  
There is a Discourse about Puritans, lately published by a Lawyer, one Mr. Parker, wherein the 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 Parker, 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 or of the good of men, and that which is the prime end of both, true Religion; or else his ends must be the same which the Prelate aims at, viz. to vindicate Religion by removing or correcting scandalous Offenders: Secondly to preserve the innocent from contagion by the separation of open Offenders: Thirdly, To prevent further obduration, or to procure the amendment of such as have transgressed, by wholesome Chastisement. Thus he, and I think not much amiss; the scope and end of both is the same, and as he saith 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, 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 there not be judges partly Spiritual, as well as Temporal in all Courts? As it was anciently among our Ancestors the Saxons; or at least why should not the Supreme Court of justice, which is to give Law to all other inferior Courts, be well tempered and mingled with all sorts of men, Ecclesiastical and Civil, the most learned, wise and choicest that can be found in the whole Kingdom: Why not Priests and Levites admitted into the number, as well as in the Sanedrim of the jews, which was equal to our Parliament, and was first instituted by God himself? And I take it there can be no just exception, but that our Christian Kingdoms 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 chief Fathers of the Priests and Levites, were not only judges and elders in their own Cities, which were allowed them, to the Number of forty eight in the whole, but sat with the Elders of other Cities, and were judges and Officers over Israel. Yea many things by God's law, were wholly and chiefly reserved to the Knowledge and Sentence o● the Priests, As Leprosy, jealousy, Inquisition for Murder, false-witness, and such like, (which now among us, for most part belong to the Common-law) in which cases the People and Elders were to consult the Priests and take direction from them.  
And so Bertram in his Treatise De Politia judaica cap. 9 doth make it manifest.— Prorsus est extra Controversiam judices manicipales cujusque Civi●atis ut vocantur, seniores fuisse Chiliarchos, Centuriones, quinquag●narios, & decuriones tot quot esse po●erant in quaque Civitate, ita ut ex illis Levitae quidam in praefectos assumerentur, si modo in ea aliquot erant Levitae; sin minus, ex proxima urbe Levitis assignata advocab● ntur.  
And again in his Cap. 10. David in Civili politia, dicitur ex Levitis destinasse judices & prafectis sexies mille, Ex Leviti● judices & praefecti assumpti sunt, hac ratione, ut primum essent ex Levitis quidam, qui Adsessores essent judicum, Ordinariorum, & Municipalium, qui seniores dicebantur: Qui & aliquando de plano, (ut vulgo loquuntur) judicar●nt, de rebus levi●ribus, quales erant pecuniariae; vel soli, vel assumpto uno aliquo ex loci vel Vrbis se●ioribus: Deinde ut essent etiam quidam alii qui judicatas res exequerentur. Vel certe quod verisimilius est, qui assessores erant judicum ordinariorum, qui ut ipsi de rebus pecuiariis cognoscerent, & judicarent. ipsamque rem judicatam exequerentur,— etc.—  
Ex eadem familia adhibiti sunt ad regendam & ad Civilem politiam gubernandam: Ita tamen ut nulla esset, utriusque politiae confusio & permixtio, Et cap 11. Ad utrumque judicium (tam civil, quam Ecclesiasticum adhibiti sunt Levitae in praefectos, eodem videlicet modo, quo eos ad id muneris desig naverat David,— etc.  
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. Repub. Hebrae●rum cap. 7. speaking of the Sanedrim.  
Iniuêre hoc Concisium Rex cum principibus populi, ac septu●aginta senioribus populi, & Pontifex cum principibus sacerdotum & scribis, id est, legis doctoribus, ut per spicere liqueat ex Evangeliis, ubi agitur de judicio Christi: Voco autem principes populi, duodecim princ●pes tribuum, qui Reg● assidebant, Quare joseph. ab Arimath. Senator sive decurio nobilis idem Concilii particeps fuit; siquidem scriptum ●st, ipsum cum caeteris assensum damnationi Christi non praebuisse. Principes autem sacerdotum dico illos, qui vicenis quaternis sacer dotum classibus seu vicibus, singuli singulis praeerant. Scribas vero ipsos legis Doctores, quos Prophetas Iosephus vocavit. It is manifest hereby, and by the reasons alleged already in cap. 2. that is a gross error of Doctor Burgess, who affirmeth that in Numb. 11. There is no foot-step appears that the Priests were any of the 70. Elders appointed by Moses. 
pag. 19   
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 two or three Justices of peace in a whole Shire. But their presence and assistance at public meetings of Justices, as at the Assizes and Quarter-sessions, and other occasions, is very necessary to the rest of the inferior Clergy, who will otherwise be crushed and trampled on, in many businesses, debates and contentions that do happen continually, from the perverse and obstinate party of the Laity: For, Laici semper sunt infesti Clericis, is a true saying in the Common Law.  
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 stri●e and plague be tried. Remembering always that doubtful and weighty matters were reserved to the great Council of Priests and Judges that sat in the place, which the Lord did choose for the Ark to rest in, as, Deut. 17. 8. 9— etc. If there come a matter too hard for thee in judgement between blood and blood, cause and cause, plague and plague of matters in question, within thy gates, thou shalt arise and go up to the place, which the Lord thy God shall choose, and shalt repair unto the Priests and Levites.—  
This Council or Senate of the Elders residing at Ierusa●em, 
1 Chr. 19  in jehosophats' time, (who no 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 Amazias 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 unto Moses, and bore 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 inferior Courts, punishments of whole Cities and Tribes, and such like, but also ruled and rectified all cases omitted, or doubted in Moses Law; and were obeyed throughout the Land, ●pon pain of losing goods or life, or being for ever excluded from the people of God, as they pronounced or prescribed. Thus the reverend and Learned Bishop Bilson in his perpetual Government. cap. 4.  
Besides in every City there were private and peculiar Rulers, (21. 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 witnesseth▪ and if those could not determine the bus●nesse, than they did appeal to the great Council. And so Grotius showeth most accurately, upon Mat. 5. 21. Now God appointed these offices and dignities and power of Judicature to the Priests and Levites, besides their attendance upon God's service; and the Course of every Priest and Levite, was but one Week in half a year, to attend at the Temple, as josephus and Scaliger, and Selianus doth show, with other accurate Chronologers; so that beside their attendance upon God's Service, they had time and leisure enough to be helpful in the Government of the Kingdom. Yea sometimes the principal Judges were chosen out of the Tribe of Levi, as at the beginning of their Commonwealth, Moses himself of that Tribe the greatest prophet & prince that ever was among them. So after in succeeding times, Ely the high Priest, was made Judge in his time: So also Samuel a Levite was chief Judge in Israel, as 1, Sam. 7. 15. who judged Israel all the days of his life: And he went from year to year in circuit to bethel, and Gilgal, and Mispeh, and judged Israel in all those places, much alike as our judges do go their Circuits every year throughout the Land. p. 17. And his return was to Ramah, for there was his House and there he judged Israel, and there he built an Altar to the Lord. And his three Sons after him, Samuel made them (being Levites) judges over Israel, though they did not walk in their Father's ways, but turned aside after lucre, and took bribes and perverted judgement.  
After the Captivity of Babylon, for some 500, years till the coming of Christ, the Priesthood had the greatest stroke in the Government: As Ezra the Priest and brother to jesus the high priest that returned from the Captivity, whose memory is honourable among the righteous, as learned Montague showeth against Selden. pag. 377. He had Commission from the Persian Emperor Artaxerxes, to govern and order the Controversy, Ezra. 7. 12, 25. and gave him authority to set Magistrates and judges, which might judge the people, and power to execute the laws of God and the King. pag. 26. and to inflict punishments unto death, or banishment, or to confiscation of goods or imprisonment. So that Ezra had great authority and full power given him, and his worthy Acts are there recorded.  
So afterwards under the Maehabees, who were priests, the Commonwealth was governed, and it pleased God to make that Family victorious as any other almost that ever governed that Commonwealth, as Sir Walter Raleigh showeth. lib. 2. cap. 15.  
If thus it were anciently among the chosen people of God, why then should any in these days be so much displeased, that a Bishop or a Clergy man, should have any part in the Government of the Commonwealth, or assistance of Government, for the better Ordering and Directing of judgement, or to be Counsellor to a Prince; as Zechariah the Levite was a wise Counsellor, 1 Chron. 26. 14. Benajah a Priest, son of jehojadah, was one of David's twelve Captains: 
1 Chron. 27. 5.  being the third Captain of the host for a month, and in his Course consisting of 2400, was his son Amizabad: 
1 Chron. 11. 22.  Benajah also was of David's principal Worthies, having the name among the three Mighties. He was also Captain of the guard to David, and after the death of joab, he was made Lord General of the Host, by King Solomon, in joabs' room. 1 Kings 22. 35.  
So, and much rather may a Clergy men now be an Officer, in great place, or a Justice of Peace in the Country, who handles Matters of Equity and good Conscience, for preserving of public peace, order and quietness among neighbours, wherein happen many businesses that depend much upon the Conscience of a Justice, and the Equitable rules of Scripture, whereof Clergy men are the most competent interpreters: As also many Causes happen touching the Estates and persons of the Clergy, who have little reason to be subject only to secular Judges, without some of their own tribe on the bench to see fair carriage and indifferent dealing.  
But for matters of Religion, concerning God and his Worship, and difficult points of Divinity, the Clergy then were, and so ought now to be the principal men to be employed; as may clearly appear by the doings of K. David, about removing of the Ark to the place that he had provided for it: upon which text, King james hath written a very pious and excellent Meditation, Pag. 81. upon the 1 Chron. 15. some of those words are fit to be here recited.  
When the Ark of God, (whereunto they sought not in the days of Saul) had continued long at Kiriah-jearim, 
2 Sam. 6.  David out of his Zeal and Piety was moved to prepare a Tent for it, in the City of David; and when he began to remove it, he called a great assembly of principal Men, but did not make that use of the Priests and Levites as he ought to have done, and therefore the Action prospered not; but there happened a terrible judgement upon Uzzah, which hindered the progress of the good work, and David was afraid of God that day, saying: How shall I bring the Ark of God home to me? so the Ark rested in the House of Obed-Edom. But afterwards upon better advice, David perceived his Error, and 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 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 Assembly 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. But now upon better advice, King David assembled at first the Children of Aaron and the Levites. v. 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 have 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 of God (as it were) and do things without the presence, vote, and suffrage of the Chief Fathers of the Levites: which how it agreeth with this pious Example of King David, and King James' Meditations upon it, I leave to be Considered.   

CHAP. VII.  
I● the first frame of our English Commonwealth, the Bishops in every Diocese, were the principal judges. The Charter of William the Conqueror, for the dividing the Courts: The Statute of Circumspectè agatis 13. Ed. 1. and Articuli Cleri. 9 Ed. 2. appointing what Cause shall belong to the Ecclesiastical Courts.  
THe first frame of our English Commonwealth was so settled and ordered by the Saxon Kings, when once they became Christians, That the Bishop of the Diocese, together with the Aldermen of the County (and so their Deputies in-inferior Courts under them) should be equal Judges, together upon the same Bench, in the same Courts, and there determine all Causes: in the forenoon Church-matters, and in the afternoon secular business: as Selden showeth in his notes upon Eadner. p. 166. and Bishop jewel in part observes in his Defence of the Apology, Part 6. p. 522. This Course continued till William the Conqueror, and perhaps it had been very happy for our Kingdom, if the frame of our Laws and Courts had so still continued joined together: for many reasons that I will not now further insist upon.  
Gulielmus primus, sacrum à Civili discriminavit forum, etenim florente Saxonum imperio, mutuas injure dicundo veluti tradebant operas, atque eodem utebantur his quotannis for● Dioeceseos Episcopus simul & provinciae Praeses, seu vicecomes: quem & Sheriff nunc dicimus, & interdum Ealderman nominabant, etc.  
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 to preserve: affirming— Quod per Ecclesiam Rex & regnum, 
Proem ●ul. 1.  solidum habent subsistendi fundamentum. So that he subverted rather 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. Intersit unusquisque Hundredi Gemoto, 
Glossar. p. 315. Lambar. p. 80.  ut superius est praescriptum, & habeantur burgemottitres, quotannis duo vero scire-gemotti: de istis adsunto loci Episcopus & Aldermannus, doceatque alter jus divinum, alter saeculare: In Hundredo aderant Thani (quos Barones vocant posteri) ut patet e. L. Ethelredi. Cap. 1. ipsique judices Ecclesiastici, cum partis illius Clero: in Hundredo enim non minus quam in Comitatu, unà haec agebantur, quae ad forum pertinent Ecclesiasticum & quae ad saeculare: donec Gulielmus Conquestor, divisis jurisdictionibus hanc ab illa separavit.  
For the Division of the Courts, and the Erection of the Ecclesiastical to sit by themselves under the Bishop and archdeacon, it appears by the Charter of King William to the Dean and Chapter of Lincoln. And though it be sent in the direction by name to them only, yet it seems, it grew after to be a general law, no otherwise then the Statute of Circumspect agatis, that hath a special reference only to the Bishop of Norwich: as Lord Coke saith, 2 Instit. 487. The Bishop of Norwich is there put but for example, but it extendeth to all the Bishops within the Realm.] And so Selden telateth in his History of Tithes. Cap. 14. Sect. 1. and in his janus. Lib. 2. Sect. 14. And in his notes upon Eadner. p. 167. The words of it, as they are recorded are,  
Willielmus gratia Dei Rex Anglorum, Comitibus, vice comitibus, & omnibus Francigenis & Anglis, qui in Episcopatu Remigii Episcopi terras habent, salutem. Sciatis vos omnes, & coeteri mei fideles qui in Anglia manent, quod Episcopales leges quae non bene, nec secundum sanctorum Canonum praecepta, usque ad mea tempora in regno Anglorum fuerunt, Communi Consilio, & Cousilio Episcoporum & Abbatum, & omnium principum regni mei, emendandas judicavi. Propterea mando, & regia authoritate Praecipio, ut nullus Episcopus vel Archidiaconus de Legibus Episeopalibus, amplius in Hundret. placita teneant, nec causam quae ad regimen animarum pertinet, ad judicium secularium hominum adducant; sed quicunque secundum Episcopales leges, de quacunque causa, vel culpa, interpellatus fuerit, ad locum quem ad hoc Episcopus elegerit & nominaverit veniat, ibique de causa sua respondeat, & non secundum Hundret, sed seeundum Canon's▪ & Episcopales leges rectum Deo & Episcopo suo faciat. Which I the rather transcribe (saith Selden) because also it seems to give the Original of the Bishop's consistory, as it sits with us divided from the Hundred or County Court, wherewith in the Saxon times, it was joined.  
And in the same Law it is added further,  
Hoc etiam defendo, ut nullus laicus homo de legibus, quae ad Episcopum pertinent, se intromittat. Thus Selden: Only the words of the Charter are more fully recited out of the Records by another Learned Author.— Si vero aliquis per superbiam elatus, ad justitiam Episcopalem venire noluerit, vocetur semel, & secundo & tertio. Quod si nec ad emendationem venerit, excommunicetur. Et si opus fuerit, ad hoc vindicandum, fortitudo & justitia Regis vel vicecomitis adhibeatur. Ille autem qui vocatus ad justitiam Episcopi veniro noluerit, pro unaquaque vocatione legem Episcopalem emendabit. Hoc etiam defendo, & mea authoritate interdico, ne ullus Viceeomes 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. judicium vero 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 aliquas deforciot, reddat Lathlite cum Dacis, Witam cum Anglis: 
Concil. p. 568. c. 17.  And the same Law is afterwards confirmed and renewed by King Canutus, and by other Kings: Whereby it appeareth how before the Conquest, and likewise after, for a long time, the authority and jurisdiction of the Church was maintained and upheld by the 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 as opposed or contemned their authority; so that here is the present practice and Law confirmed, by the continual practice of many hundred years.  
The Law being thus made by the Conqueror, to separate the Ecclesiastical Court from the Temporal, there followed after in succeeding times Statutes to direct and appoint what causes shall belong to the Bishop's Jurisdiction: As the Statute called Circumspect agatis made 13. Edw. 1. and Articuli Cleri 9 Edw. 2. which besides others, Coke doth expound in the 2. Instit. at large pag. 489. 599. So that the Ecclesiastical Laws and Courts being thus settled by ancient Statutes and Magna Charta, and besides long use and Custom, the Laws are Fundamental and necessary as well as any part of the Common-law, and cannot be wholly taken away without great injustice, confusion, and great disorder in the Kingdom and Church, as it happened most pitifully in these troublesome times: But Parliaments are obliged to maintain the Fundamental Laws of the Land, as they have often professed solemnly in many of their Declarations, Protestations and Remonstrances: But in conclusion they have overthrown all Ecclesiastical Courts and Laws, though never so ancient and Fundamental, and now they would pretend to set up new laws and orders, which they call Presbyterian Government by Lay Elders in every Parish, a fond and foolish project (contrary to the Laws of God and Man) such as they have heard to be at Geneva, and some other places beyond Sea, where there are no Lords, Knights, Esquires, or Gentlemen, as with us in England: But their new States are popular, without degrees of Honour and distinction of Gentry: They do as their Neighbours at Strasborough, and the Swissers, of whom Bodin saith, lib. 6. c. 4. Argentinenses, Caesa & prostrata nobilitate, cum imperium populare invasissent, legem communibus suffragiis tulerant, ne quis summos in Civitate Magistratus adipisceretur, nisi a cerdonibus aut coriariis aut id genus sordidis opificibus stirpem traxisset; idenim veteribus Gr●cis usit atum erat, ut in iis civitatibus quae popularia imperia stabilire ac tueri vellent, cives omnes, quantum quidem fieri posset, opibus, honoribus, imperiis, ac vitae conditione exaequarent: ac si quis prudentia, justitia, fortitudine, aut ulla virtute caeteris praeluceret ac emineret, hunc ostracismo exterminabant; aut ne virtutitam aperte bellum indicere viderentur, accusationibus & calumniis opprimebant, atque id unum efficere conabantur, ut singuli Cives, non magis sui similes essent, quam omnes omnium.  
They either banished or put to death all their Nobility, and so made themselves a popular state, and further made a law, that no man should bear any public office among them, but such as would derive their Descent and Pedigree from some base Trade, a Cobbler, or Carrior, or such like.  
Among such people, Presbyterian Government may be better allowed then in a Kingdom flourishing with all degrees of Honour, Dukes, Marquesses, Earls, Barons, Knights, etc.—. But where only Tradesmen are, chapmen, Pedlar's, and Artificers, as they are at Geneva, there any government in the Church may better be tolerated then in a Monarchy: The Glossary showeth to that purpose that Tradesmen are base fellows in Heraldry, 
pag. 110.  and among base fellows any base government may serve the turn. Burgenses & Mercatores sunt sordidum hominum genus; as Tully said Burgenses dum cauponandis mercibus & rei Mechanicae navarent, generosae turbae (militiam omnino admiranti) despectui erant, adeo ut cum illis nec connubia jungerent, nec Martis aleam experirentur: and so also the Civil law saith, patritii cum Plebeis conjugia ne contrahunto. And in our law it is reputed a disparagement for a Ward in Chivalry (which in old time was as much as to say a Gentleman) to be married to the Daughter of one that dwelled in a Burrow; as Lambard showeth in his perambulation of Kent, pag. 504. So the old Statute of Merton Anno Dom. 1235. cap. 7. De Dominis qui maritaverint illos quos habent in custodia sua, Villanis & aliis, sicut Burgensibus, ubi disparagentur, etc.  
Lord Coke showeth what causes belong to the Court Christian, viz. Probate of Wills and Testaments, Legacies, Reparation of Churches, and Churchyards, Tyths, Oblations, Mortuaries, and such like duties; Matrimonial causes, degrees of Affinity, or Consanguinity Divorces, and what else belongeth thereunto. And divers other particulars, as appears in divers statutes, and the Books of the Civil Lawyers, as punishment of Adultery, Fornication, and Incontinency, Incest, with many other the like, as Heresies, Schisms, Errors, Abuses, Offences, Contempts, and enormities, as Lord Coke saith, 4. Instit. pag. 325. and so also the excellently learned Lawyer Dr. Cousin, Dean of the Arches, in his Apology for Ecclesiastical Courts and their proceedings against Simony, Usury, Defamation, Sacrilege, Disapidations,— etc.—  
But now the Presbyterians neglect, and cast off most of these particulars, that there is no punishment for those gross offences and sins, which are not fit to be mentioned among Christians saith the Apostle. There is of late an infinite number of bastards gotten, and the Justices of peace only take care for keeping the Bastard: But there is no punishment or correction for the scandal to Religion; and the vulgar people, go together like Dogs and Bitch's, without licence or publication of banes in any parish. The Holy Communion is cast aside and neglected in most parishes most shamefully: The Common-people in most parishes will rather be without the Sacrament, then give one penny to buy Bread and Wine for it, that they are become Atheists in most places; and many Sectaries profess publicly that they will not have Churches or Stone-houses, nor Ministers or Magistrates: And yet the Parliament pretended to reform all according to the word of God in all things; to advance the Throne of Christ, and the Tribunal of Christ, with all his holy ordinances in full force and power, as the Language is of the Presbyterian Ministers.   

CHAP. VIII.  
Some Observations out of the Civil Law in the Empire, concerning the separation of Courts, and some also out of the ancient Statutes, as Selden hath related them: Lord Cooks Defence of the Bishops being in Parliament, and of the Convocation, and High Commission, and other Ecclesiastical Courts.  
AS the Courts Ecclesiastical and Temporal were separated in our Kingdom: so anciently there was some such division in the Empire, yet the Emperor gave great power and authority to the Ecclesiastical Judges, according to that which justinian saith of spiritual Causes in the Novel. 123. si pro Criminal. si Ecclesiasticum negotium sit, ●ullam Communionem habento Civiles Magistratus cum ea disceptatione, sed religiosissimi Episcopi finem imponunto. If it be an Ecclesiastical Suit, let the Civil Magistrates have nothing to do there with that plea, but let the Bishops end it. Whereby it appears, that prohibitions from the Temporal Courts were not then allowable, which certainly came not into use, till after the 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 a justiciario Regis; veniant in Curiam responsuri ibidem de hoc, unde videbitur Curiae Regis quid ibi sit respondendum; & in Curia Eeclesiastica unde videbitur, quod ibi sit respondendum. It a quod Regis justiciarius, mittet in Curiam sanctae Ecclesia ad videndum quomodo res ibi tractabitur, & si Clericus vel confessus vel convictus fuerit, non debet eum de caetero Ecclesia tueri. But touching this and the rest of the Constitutions in that Council Math. Paris. 
a, 1164.  doth sharply inveigh against them,  
Hanc Recognitionem five Recordationem de Consuetudinibus & libertatibus iniquis, & dignitatibus Deo detestabilibus, Archiepiscopi, Episcopi, & clerus, cum Comitibus, Baronibus, & proceribus juraverunt. And as he addeth,  
His itaque gestis, potestas laica in res & personas Ecclesiasticas, omnia pro libitu, Ecclesiastico jure contempto, tacentibus aut vix murmur antibus Episcopis, potius quam resistentibus, usurpabat. And this appeareth also by that which Selden relateth in his notes upon Eadner. pag. 268. that long after, in Edward the seconds time, the Clergy had so many oppositions and hindrances in their proceedings from the Temporal Courts, that they exhibited a petition in Parliament, wherein they recite the grant and constitution of Will. 2. allowing them their own Courts by themselves, and specify their complaints particularly, which he calleth, Gravamina Ecclesiae Anglicanae, and saith, they are those mentioned in the proem of Arti●uli Cleri. And in this age we have great cause to complain of Prohibitions, but thereof I will say no more now; as for the Temporal Courts, the 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—  
Ut Communia placita non sequerentur Curiam (i. e. Regis) said in loco certo tenerentur. That the Court 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; and ever since that the greatness of that office was abated by King Edw. 1. most of those great Justices were Bishops, as Sir Henry Spelman showeth in his Caralogue of them. Glossar. pag. 401. Dignitate omnes Reges, proceres; potestate omnes superabat Magistratus; De potestate valde (inter alia) claret, quod quatuor summorum judicum hodiernorum muneribus solus aliquando fungeretur, scilicet, Capitalis justitiarii Banci Regis, id est, pl●citorum Coronae, seu criminalium: Capitalis justiciarii Banci Communis, id est, placitorum Civilium, Capitalis Baronis Scacarii▪ hoc est, Curiae ad s●crum patrimonium, & fiscum pertinentis.— etc.  
Most of these great Justices were Bishops, as appears by the Catalogue of them, they being the principal men for Knowledge and Learning in those days, and had, no doubt, power of voting in all Parliaments, Councils, and assemblies of State.  
And so in these later times, Lord Coke showeth their abilities, and rights. 4. Instit. pag. 321. The King is well apprised of all his Judges, which he hath within his realm, as well spiritual as temporal, as Archbishops, Bishops, and their officers, Deans and other Ministers, who have spiritual jurisdiction.  
It is declared by the King, the Lords Spiritual and Temporal, and the Commons in full Parliament. That the spiritualty (now being called the English Church) always hath been reputed, and also found of that sort, that both for knowledge, 
If so then, much more at this day, saith Coke.  integrity, and sufficiency of number, it hath been always thought▪ and is also at this hour sufficient and meet of itself, without the intermeddling of any exterior person, or persons, to declare and determine of such doubts, and to administer all such offices and duties, as to their rooms spiritual doth appertain.  
The Adversaries have made divers objections against our Archbishops and Bishops— Ever since saith Coke.— But these pretences being (in truth) but mere Cavils, tending to the scandal of the Clergy (being one of the greatest States of the realm, as it is said in the Statute of 8. Eliz. cap. 1.) are fully answered by the said Statute, and Provision made by authority of that Parliament for the establishing of the Archbishops and Bishops both in praesenti, & in futuro, in their Bishoprics.  
By the Statute also of 39 Eliz. cap. 8. the Archbishops and Bishops, are adjudged lawful, as by the said Act appeareth. And by these two Statutes, these and all other objections against our Bishops, one hath answered, which we have thought good to remember, seeing we are to treat of their jurisdiction, Ut obstruatur os iniquae loquentium, saith Lord Coke: Yet the fury and rage of these times have stirred up more anger, which in the issue will turn to the Confusion and Dishonour of them that began these wars and broils against the Church, and Bishops, and fundamental Laws and Statutes, which have so fully asserted their rights and authority.  
Thus the Lord Coke premiseth, being to treat of the Ecclesiastical Courts and all the jurisdiction belonging to the Clergy, and established by the fundamental Laws of the Land against both Papists and Puritans: and first he beginneth with the Court of Convocation, and of the high Commission in Causes Ecclesiastical, which is absolutely necessary for the suppression of all manner of Errots, Heresies, Schisms, abuses, offences, Contempts, and enormities.  
But upon suppression of this Court, by the late long Parliament, there hath broken forth such an infinite number of heresies, schisms, sectaries, and a rascal rabble of factions, as is prodigious to relate, and intolerable to be suffered: For as it is in the Common Law, if there were not Assizes and Sessions, to punish Malefactors, Thiefs, Cutpurse's, Offenders, and Rogues of all sorts, the Land would be so Oppressed with the Multitudes of them no man could enjoy his house, or goods, freehold, or life: therefore in London they have every month a public sessions to punish, Condemn, and Execute all sorts of Malefactors.  
And Corporations in principal Cities have the like authority by Commission, and Patent from the King.  
But for the high Commission to punish Offenders against Religion, and the Church, Lord Coke saith, pag. 331. That the King's Majesty hath, and Queen Elizabeth had before him, as great and ample Supremacy and jurisdiction Ecclesiastical, as ever King of England had before them, and that had justly and rightly pertained to them, by divers other Acts; and by the ancient Laws of England, if the said clause of annexation in the said Statute of 1. Eliz. had never been inserted. That it was a gross Error, and a notorious offence of I. Pym, to affirm as he did in his Speech in Parliament; 4. Caroli. That the high Commission was derived from the Parliament. An impudent, ignorant, and seditious speech; which if it had been spoken in the time of Henry the eighth, when he recovered his Supremacy from the Pope, the King would quickly have hanged, or burned him, as he did many in his Reign, upon that point of his Supremacy: For though Parliaments may submit and acknowledge the King's Supremacy, yet they are not the Donors or Authors of it, it is originally vested in the Crown, and is a principal Flower thereof; that cannot be denied ot taken away from the King by any of their Voting or Ordinances. And the King may again restore the Court of High Commission, without the help of a Parliament, and appoint such Judges and Commissioners as he shall think fit, without direction or assistance from the House of Commons, as the King doth appoint Judges in all other Courts without their consent, and so may do still in this Court: Which is absolutely necessary to be done, to suppress the abominable and detestable increase of Sectaries, and Schismatics, that are now risen up in this Inter-Regnum of the King's Authority.   

CHAP. IX.  
The Example of the late wars in Bohemia, Germany, & France, might well have forewarned us in England. The Godly Covenant of Bohemia, might well have given us Caution to take heed of a Covenant without the King's consent: The Church Lands taken away formerly, are restored by the Emperor. Grotius his Censure of the Presbyterians for raising Wars.  
TO return again to our former matter of the separation of the Courts, it is to be considered that the Courts being now divided in the Kingdom, many hundred years since, the ancient manner of their union 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. Though the Clergy by appeals to Rome,, and the Pope's Legates that were often sent hither, did oftentimes help themselves, and much molest their Adversaries. At length under Hen. 8. upon his breach with the Pope, the Ecclesiastical Jurisdiction was much abridged and restrained in many particulars, and reduced to a narrow compass, becoming much more subject and obnoxious to the Injunctions, Orders, and prohibitions of all the Temporal Courts, that now I marvel that any should complain and envy at their power and greatness, there being no cause of any value or moment but by one order or other, is drawn from them to the 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 of so 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 the Votes of Bishops in Parliament, and other eminent parts of Government, will produce such ill events and troublesome distractions as will not be pacified and composed within the compass of any man's life now living: And what further mischief may follow is uncertain, but surely great troubles are like to ensue, as indeed it hath happened in a most lamentable manner.  
But if our Nation could have taken warning by the example of the late wars that happened these last 40. years, in France, Germany, and Bohemia, they might have prevented much evil: for there the Wars began by men of the same spirit and humours, as our Presbyterians are among us, and had the same ends and purposes as ours had, which is to take away the Honours, Lands and Revenues of Bishops, and all that belonged to them: The ill success of their names might well have forewarned us, if there had been men among us, wise, and knowing of the Histories of the present age: When we saw the Flame and Smoke of ●he Bohemian War ascend to heaven in our sight, in most hideous manner: And in the end all the zealous party were utterly undone and confounded, that began the war against the Emperor, to take away the lands of all the Clergy,, Bishops, Deans, and Chapters,— etc.— Which they account to be the flesh of the Whore of Babylon, and the bones of the old Whore, that is, of the Pope▪ So Brightman, and Pareus, and other zealous men do interpret the Text, Revel. 17. 16. All the Lands of the Church, and Revenues, among which they reckon Tithes, are the flesh of the Pope, which they must e●●e and devour, not Physice, but Mystice, saith Pareus in his Commentary: For otherwise to eat the flesh of the Pope naturally, being commonly an old man and perhaps full of Diseases, would be no good meat or pleasing Diet: But mystically to eat him, that is, to take away the lands, revenues, and riches of the Church will bring in profit and money, that will provide better diet to feed upon then the body and flesh of an old Pope.  
This Sacrilegious appetite and outrageous covetousness, to get the lands of the Church and Bishops proved very tragical to Bohemia, and most parts of Germany: And to show a little their manner of proceeding, I will digress a little, because it is so remarkable and fresh a Case within these last 40. years. First therefore, the Bohemians in the year 1619. assembled a Parliament without the Emperor's Consent: They raised a great army, and put Garrisons also in all the best Towns and Castles: They made a Godly Covenant consisting of an 100, articles just the same in Substance with our late Scottish Covenant; they raised great Taxes, and excise to maintain their armies and garrisons. For two years they prevailed much, and brought in a new King, the Palsgrave; but at the end of two years, the Emperor's great armies came upon them, and fought the great Battle of Prague 8. Novemb. 1620. The Duke of Bavaria came with twelve thousand men, and other great Commanders joined, as the Count of Bucquoy, the Count of Tilly, the Count of Papenheim, the Count of Maradas. Besides other great Captains of note, having an Army of 40. thousand men, and fought the great Battle near Prague, and prevailed powerfully. Next day the City of Prague was surrendered, the Palsgrave fled away, and of 30. Committee-men in Prague, which directed all business, twenty seven were apprehended; and the next year after they had been tried and condemned by the Common-law of the land, for rebellion and raising armies, and Committees, they were put to death upon one stage the same day. Not long after, ten thousand protestant Ministers and Churches were suppressed, and the Ministers banished out of the Kingdom and the provinces annexed, of Moravia, Silesia, Lusatia, and other Countties of the Emperor. The Covenanters who had seized on the Lands and Revenues of the Bishops and Deans and other societies, by way of Sequestration first (which word they used in one article of their Covenant) were forced to yield up those lands, and to restore them to the former owners: and so also in many other parts of Germany, Lands and Houses of the Clergy, which were taken away an hundred years before, were restored to the right owners.  
And for the Godly Covenant they renounced it, a●d would have been glad to have enjoyed the favours, which the Emperors formerly permitted them out of his Clemency: But since they raised such a bloody War, he would not suffer them longer to enjoy his former favours. So that the Bohemians and most parts of Germany, who enjoyed peace and great happiness in all respects, lost all by striving to overthrow the Bishops, and the Ecclesiastical Laws, and to take their Lands.  
This miserable event might well have forewarned us in England, not to offend in the same kind, as they did, to overthrow Bishops, and all the preferments of the Church, to bring in Presbyterian purity, and lay elders, and to impose a godly Covenant, which was indeed a wicked combination and Conspiracy, far worse than the Covenant of the low Countries, or that of France against Hen. 3. & Hen. 4. which had almost confounded all France, and was at length the destruction of those two great Kings who were both miserably murdered, and put to death; as our King Charles was in most abominable manner, and in many respects, more horribly than those two Kings: for they were stabbed on a sudden by two villains and without the consent of the people, and severe punishments were inflicted upon them speedily: But King Charles in a deliberate manner, by men that pretended Justice and upright dealing, who called an high Court of Justice never heard of before, no Judges of the Land consenting, or approving, and so openly in the face of the sun and of all the world, with an high hand, and professed malice, and outrageous fiery zeal, that the Emperor Maximilian did justly say, that the Kings of England were Kings of Devils. And though the Presbyterians would excuse themselves, that they never intended the King's destruction, yet that is a frivolous and foolish excuse: for as Sir Walter Raleigh saith truly: Our law doth Construe all levying of war without the King's Commission, and all force raised, to be intended for the Death and Destruction of the King, not attending ●he sequel: and so it is judged upon good reason, for every unlawful and ill action, is supposed to be accompanied with an ill intent.]  
Lord Coke. 3. Instit. pag. 12. speaking fully of all kinds and degrees of treason: saith— Preparation by some overt Act, to depose the King, or take the King by force, and strong hand, and to imprison him, until he hath yielded to certain demands: this is a sufficient overt Act, to prove the compass and imagination of the death of the King: for this upon the matter is to make the King a subject, and to despoil him of his kingly office, of royal government. And so it was resolved by all the Judges of England, Hill. 1. jac. Regis, in the Case of the Lord Cobham, Lord Grace, and Watson, and Clark, seminary Priests: and so it had been resolved by the Justices, Hill. 43. Eliz. in the Case of the Earls of Essex, and Southampton, who intended to go to the Court where the Queen was, and to have taken her into their power, and to have removed divers of her Council, and for that end did assemble a multitude of people; this being raised to the end aforesaid, was a sufficient overt Act, for compassing the death of the Queen, and so by woeful experience in former times it hath fallen out, in the Cases of King E. 2. H. 6. & E. 5. that were taken and imprisoned by their subjects.  
The Presbyterians did offend in this kind notoriously, and therefore committed Treason manifesty: for they imprisoned the King in divers places, and at length in a remote place, in the Ifle of Wight, and what followed after is well known. And all this done by them, that were for the most part Presbyterians, out of their design to compel the King to yield to their projects, to overthrow the Bishops, and to take their Lands and Revenues, which they account to be the flesh and bones of the whore of Babylon, which they must devour, and make the old whore, naked, bare, and desolate.  
The excellently learned Grotius, who did perfectly understand, and discover the practices of the Presbyterians, as appears in many places of his works, hath one remarkable passage in his treatise the Antichristo, pag. 65. which shall here follow.  
— jam vero fi illi qui dicuntur Dii intelligendi sunt Reges, liber flagitiosissimus Boneherii, de abdicatione Hen. 3. Galliarum Regis, non argumentis tantum, sed & verbis desumptus est, non ex Mariana, aut Santarillo, se ex junio Bruto (quis is sit, sat scio, sed quia latere voluit, lateat) & ex viris doctis quidem, at factionis ejusdem. Dictis facta congruunt, & haec est illa mica salis, de qua infra aget Borborita, quae facta est in mare salsum, faetens apud Reges, & omnia circumsata corrumpens.  
Circumferamus oculos per omnem historiam (quod unquam saeculum tot vidit subditorum in principes bella sub Religionis titulo? & horum Concitores ubique reperiuntur ministri Evangelii, ut quidem se vocant: quod genus hominum in quae pericula, etiam nuper optimos Civitatis Amstelodamensis Magistratus conjecerit, nihil hic narrari opus est, sapientibus dictum sat est. Laudanda omnino est Regis Christianissimi prudentia & virtus, qui suos paris sententiae subditos tam solennia insanire vetuit.  
Videat si cui libet, de Presbyteriornm in Reges audacia, librum jacobi Britanniarum Regis, cui nomen, Donum Regium: videbit eum, ut erat magni judicii, ea praedixisse, quae nunc cum dolore & horrore conspicimus.  
Peter Moulin, who was well versed in the Controversies of the times, and suffered much in the late wars and Combustions of France, when the Protestants did call and hold Parliaments there without the King's consent, as at Loudun and Rochel 1627. and did garrison the City very strongly against the King: Moulin doth take occasion to speak thereof in his Anatome Missae. pag. 246. Where he reckoneth up the wars of Bohemia, and what was done against Hierom of Prague, and john hus, and the fortunate battles fought by Zisca; in the end he concludeth, and inferreth this: Haec non ideo à nobis allata sunt, quod probemus actiones Ziscae aut tumultus populorum, qui ut persecutiones & martyrium effugiant, arma sumunt adversus dominos suos; etenim veritas Evangelica non his stabilitur rationibus & modis, Christus ad crucem p●st se ferendam nos voeat: Sanguis martyrum plus habet efficaciae & virtutis ad ampliandam Ecclesiam, quam bellorum ●ertam●●a.  
Thus it appears that 〈◊〉 doth not justify the taking up of arms against Princes to reform Religion: He was sensible of the Errors and losses of the Presbyterians in France, in the wars they undertook against their King Lewis. 13. Who in the end suppressed them, took their strong towns, and reduced them to obedience, though he granted them the exercise of their Religion: and how much they lost by the wars, Moulin, then liying in France, and seeing both the beginning and end of the war, could not be ignorant.  
But the principal reason why the Presbyterians do maintain these desperate opinions of taking up arms, is, that they may pull down the Bishops, and seize upon their revenues and lands, as they have done notoriously of late, both in Bohemia, Germany and France (and now with u●;) but they were enforced to regorge, and restore them, as appears fully in the late Histories, which might have forewarned our Puritan— Si mens non laeva fuisset. The Emperor hath restored not only in his patrimonial Countries, all the Lands and Estates of the Bishops and Clergy, which the puritans there had seized on of late years, but those also which were taken away an 100 years ago, as in the Duke of Wittenbergs Country, whereof there are two volumes published at Tubing in Germany, 1639.  
The Learned French Divine, Chamier, Tom. 2. lib. 15. c. 8. at large disputeth the question. An tolerari debeat a Christianis Rex infidelis aut haereticus?  
Pontificii dicunt; non licet Christianis tolerare Regem infidelem aut haereticum, si conetur pertrahere subditos ad suam haeresin, vel infidelitatem,— etc.—  
Haec vero fax est seditionum, scaturigo parricidiorum, lerna malorum, quibus hisce multis annis Anglia tentata est, sed tentata tantum; Deo protegente, regiaque capita praesentibus periculis eripieute. At nostrae Galliae Theatrum jam ter misere cruentatum duorum proxime Regum sanguine: sic enim ratiocinati sunt parricidae, aut qui parricidis sicas tradiderunt. Non esse tolerandum Christianis regem incommodum Ecclesiae, itaque deponendum. Quid si non possit judicio solenni, tamen ipso facto, qui dignum se exhibuerit depositione, censerl depositum: ac proinde non amplius Regem, sed Tyrannum; ideoque jure occidi, id est tolli, quacunque possit ratione. Quos furores si nulla alia revinceret ratio, certe tam immania sceler aabunde debent hominum animos abominatione replesse: Viderint homines; Deut certe non dormit.  
If Chamier had lived to see the murder of King Charles, he would have said more than he did Hisce multis Annis, Anglia tentata est; sed tentata tantum. God did preserve Q. Elizabeth oftentimes, and King james from the Gunpowder Treason: Upon both which occasions much hath been written by learned, wise and excellent men both at home and abroad. Against that wicked doctrine of raising arms against Kings to reform Religion. Whereof not only the Papists are guilty, but the Puritans. As Bancroft proveth fully against Knox and Buchanan, Goodman, Gilly, Cartwright and many others— lib. 2. c. 1, 2, 3 4, of his dangerous positions.  
The Puritans in England could be content to second King james writing against the Pope and Papists for deposing and murdering of Kings: But for their own parts, they account Parliaments to be superior to all Kings, and therefore maintain that Doctrine of Calvin, that the tres ordines Regni, 
4. Instit. C. 20. Sect. 31.  the three estates of Parliaments may correct and punish Kings: Which Doctrine David Pareus defended: But his books were burned for it at London and both Universities. But of late, not only the three estates of the Kingdom, but the third estate, the Commons, the representative of the peopledome may correct and punish Kings: For they have styled themselves The Supreme authority of the Nation, without the House of Lords, whom they voted to be useless and cast them out, and make Statutes, (which they call Acts of Parliament) without the House of Lords, or the Royal assent. Contrary to all the statutes recorded in the Book of Statutes.  
Bancroft in the very end of his Book of dangerous positions, doth plainly foretell, that the Puritans would never give over their Clamour for Reformation, till they had utterly ruined the whole Kingdom and Church, as now it appears manifestly they have effected their desires in great part. But saith Bancroft, there are divers-men that will needs hoodwink themselves and stop their Ears, with the Serpent in the Psalm, of purpose, because they would gladly have these things smothered up: He meaneth men in great place, that were willing to think, that the Puritans were no such dangerous men, as he and others did take them to be, only scrupulous and peevish perhaps about Ceremonies, and therefore were willing to forbear them, and not to censure them sharply: But Bancroft doth wisely tell them, that if any such mischiefs (which God forbid) shall happen hereafter, they were sufficiently warned, that both should and might (in good time) have prevented them, and withal it would then be found true, which Livy saith,— Urgentibus Republicam fatis Dei & hominum falutares admonitiones spernuntur. 
Lib. 2. Doc. 2.   
When the Lord for the sins of the people, is purposed to punish any Country, he blindeth the eyes of the wise, so as they shall either neglect or not perceive those ordinary means for the safety thereof, which very simple men, (or babes in a manner) did easily foresee. Which Judgement I pray God turn far away and long from this and all other true Christian Lands and Kingdoms.  
The principal end and project of the Presbyterians was, not only to reform some things amiss, but to pluck up both root and branch of Episcopacy, and all Ecclesiastical laws and Courts, though never so ancient and Fundamental, settled by Magna Charta, and many other Fundamental statutes; as Circumspect agatis, 13. Edw, 1. Articuli Cleri. 9 Ed. 2. as Lord Coke doth expound them at large 2. Institut. and for payment of Tithes and all Duties belonging to the Church, there is both Common Law and Statute Law, as Lord Coke showeth fully, 2. Instit. pag. 693. upon the Statute of 18. Edw. 3. and 2, Edw. 6. and if the Presbyterians would not lose and forego Tithes, they must maintain and uphold those statutes: for better Laws for the true payment of Tithes and all Duties cannot be made.  
But the Presbyterians account all humane laws but trash of humane juvention; They will reform all according to the word of God in all points. Their position is, We must do nothing, not so much as take up a rush or a straw, without warrant from the Word of God. As Cartwright affirmed, and Hooker confuteth him accurately, lib. 2. & lib. 3. 8. 2. 3. etc. He showeth that in Scripture there is not a particular form of Church Government contained. So the learned Francis Mason in his Sermon upon 1. Cor. 14. 40. Also the Learned Dr. Sanderson, in the Preface to his 14. Sermons, and in his 4. Sermon ad Clerum, upon Rome 14. besides many others. But though Hooker hath written with singular Wisdom, Learning, Godliness, and Moderation, yet the Puritans will not read him, as Dr. Sanderson complaineth of them.  
But what Bancroft did foresee, and foretell so fully, is now come to pass in our times, to the great ruin and desolation of the Church: King james in the conference at Hampton Court, did something to pacify the Puritans: But in the conclusion he passed them over only with admonitions to be quiet, and accepted their promise to be obedient for the time to come, not to oppose the Bishops nor the Ecclesiastical Laws, but to behave themselves as dutiful Subjects. And the King with the Lords of his Council, appointed Bancroft to write unto all the Bishops to deal moderately wi●h the Puritans, which Letter is extant in print, as full of moderation, and gentle cautions, as possibly could be expected. But that mild proceeding of Bancroft and the Bishops, and forbearing to bring them to obedience and submission by Ecclesiastical censures and other courses, which might have been taken, to put a final end to their wrangling humours, gave the Puritans hope to find the like favour always, in succeeding times, as they did under Archbishop Abbot, which Levity and forbearance, occasioned the present troubles of these times, in great part.  
But the Puritans are an implacable generation, who did only forbear till they had a further opportunity to promote their designs. Which now they have in great part effected and verified the predication of Bancroft and Hooker. Who did foresee plainly their restless disposition, and endless contentions, not caring to set fire on the whole Kingdom, as they have done these last 40. years, in Germany, Bohemia, and France, upon the same grounds and principles as our Puritans have done among us.  
Being indeed secretly displeased, because the Puritans were not preferred to the best offices and dignities in Church, and Commonwealth, which now they have invaded by open force and violence, in most outrageous manner; especially the Puritan Ministers without any regard to the Laws of God or man, thrusting themselves into the best preferments, by way of Sequestration; and then getting Acts and Orders to be continued in for their lives, without any respect to the Title of the lawful patrons, whose rights they set aside and suspend as well as the Incumbents, most unjustly. Whereas they are neither by desert for Learning nor education in the Universities, capable of the best preferments, they being only such as have been only poor Lecturers, poor Vicars, poor Schoolmasters, and poor new lights, such as are not qualified as the Statute requires, to enjoy the best Livings of Value. 13. Elizab. cap. 12.   

CHAP. X.  
The Division of the Courts in the Empire, and the manner of proceeding in them by the Bishops and Ecclesiastical Lawyers under them.  
NOw because what I have formerly said touching the uniting of the Ecclesiastical and jemporal 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 would advise, but leave all to the wisdom of Superiors, to whom it properly belongeth. Only I will add a few lines touching the ancient form and manner of Government in the Empire, after that the Emperors became Christians, from whom it is likely, the example was taken both among us, and in other Kingdoms.  
Touching the division of the Courts Temporal from the Spiritual, though William the Conqueror began the Separation with us in England, yet there was the like done long before, even by Constantine the great, and 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 ut generalium Conciliorum (ut Isidorus ait l. 6. Elym. c. 16.) a temporibus Constantini coeperant, in praecedentibus namque annis, persecutione fervente, docendarum plebium minime dabatur facultas: Ind Christianitas in diversas haereses scissa est, quia non erat licentia Eiscopis in unam conveniendi, nisi tempore supradicto Imperatoris. 
Quae fuit plenaria Conciliarum forma.  Although ever since 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 times 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.  
Etsi Praecipuum Pontificis sen Episcopi munus est, doctrina verbi populum moderari, tamen quia non omnes dicto audientes sunt, nec ejusmodi persuasione ad disciplinam perduci, vel in efficio retineri possunt; & superioritas, in qua sunt Ecclesiastici ats●abdue; imperio & jurisdictione, non satis habet nervorum & authoritatis; denique quoniam Ecclesia mater & ●ultrix est justitiae, Ideo Ep●scopis peculiaris quaedam jurisdictio Ecclesiastica, Civili dignior, in personas & causas legibus Imper▪ est attributa, etc. Ut jus dicant Clericis.— etc.  
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 Clergy men only, there follows a praeterea, in the same title in the Code, De Episcop. audient. Not long after this, praeterea (saith the Emperor there) ju● dicant laicis▪  
And as before the age of Constantine, for want of power in the Church, and the assistance of a Christian magistrate, the Bishops could not restrain, nor suppress the many heresies and schisms, that did arise in those first ages, most of which heresies were such, as were fit to be beaten 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 l●w, like unto that, Circumspect agatis of our King Ed. 1. agreeing with it in substance of matter, and arising from the same ground, and pointing to the same end.  
The Novel is thus— Si delictum sit Ecclesiasticum, 
Novel. 83 Cap. 10.  egens castigatione vel mulcta Ecclesiastica, Deo amabiles Episcopi hoc discernant, nihil commnnicantibus clarissimis provinciae judicibus: Neque enim volumus talia negotia scire omnino Civiles judices, cum oporteat talia Ecclesiastice examinari, & emendari secundum sacras & divinas regulas; quas etiam sequi nostrae non dedignantur leges.  
And further for the greatness of the Bishop's authority, it will appear fully, if we look upon the Laws, as they lie concatena●ae in the same title; where it is said of the Bishops.— Cum sint ordinarii judices.— And again: Similes praefectis praetorio, and further, Ordinary quoque procedant. The linked Texts in that title of the Code as they stand cited, do fully show the greatness of the Bishop's Co●●●● and authority, when they are compared and said to be, Similes praefectis praetorio, who were Illustres judices, 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 & militiae Africanae.  
The 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 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-general whom we now call Chancellors (as a learned Civilian observes) who are no upstarts in the world, rising out of the Bishop's Sloth; (as one though otherwise Learned and Eloquent miscalled them) but had their original from the law itself.  
Touching whom I will here say something out of the learned Civilians, 
Bacon.  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 their 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 and authority left in the hands of Christian Kings and Magistrates, to appoint Judges and Officers for Church-discipline, as well as for Civil Judicature.  
Therefore to return, as the praefecti praetorio, quia illustres erant, & antestabant caeteris dignitatibus, ideo habebant vicarios suos; in Civilibus causis audiendis & terminandis. So were the Bishops then, and so are they now: Illustres judices & antestabant & antestant caeteris dignitatibus in Ecclesia. For the law parallels them in the Church with the Chief Judges in the Empire, as well in this, as in the rests of the Parts of their Honour, wherewith the Emperor had honoured them and the Laws honour them at this day. justinian'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 generals, officials, or Commissaries, yet they had other titles, but the same offices. Ecclesiastics or Episcoporum Ecdici, as much as to say, as Church Lawyers, or Bishop's Lawyers, professed Civilians and Canonists of that age, the very self same officers and office, that the Bishop's vicars-general 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 decision whereof in their Consistories being left to the Bishops, the Emperor doubted might have drawn them from prayers and divine exercises. And a second reason was, that the cause of the cognisance of their Courts, were more likely to have thereby a more speedy, ready, and Judicious trial, before Judges of the same learning, which require a whole man, then before Judges of another, than an higher, requiring (as the Bishop's pastoral office doth) a whole man too. And a third reason also may be added, because the 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 ●hame, not as a Clerk, but as a lay malefactor, 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.    

The Determination of a Question made by the right Reverend john Davenant late Lord Bishop of Sarum.  
QUEST. 11 th'.  
Civil jurisdiction is by right granted to Ecclesiastical persons.  
IT is by the warrant of Christ 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 denying 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 upon Churchmen from the beginning by Divine Institution: But in this our Church, Christian princes have further allowed the Clergy 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, 
Argum. 1,  that both these jurisdictions, tend to the same end of promoting justice, and bridling Vice; but with this difference: That that power, which is merely Spiritual makes use only of Spiritual means, 
2. Cor. 10. 4, 5, 6,  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 like 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 so to do, to resist and pull down Vices,— etc.—  
To resist and pull down Vices by either way is a good and plausible action, and of itself misbeseeming no person, though never so holy. 
Act. 12. 23.  The blessed Angels of heaven, 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, to adjudge the same Delinquents to any deserved punishments, 
Apoc. 2. 1.  when by the Decree of their Sovereign God's Vicegerent here upon earth, it is so determined? For the execution of Civil authority is not of itself repugnant to any person how holy soever, nor disagreeing to the office of priesthood.  
Again the high and absolute power of the giver, persuades me that Churchmen do by good right exercise this Jurisdiction. 
Argum. 2.  For the King being by God's appointment, 
1 Pet. 2. 13, 14.  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 with State affairs, as wholly to divert them, 
2 Tim. 3, 4.  from their spiritual 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 the mean in virtues, that it is to be ordered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 that it hath pleased christian Kings to arm the Clergy with some civil jurisdiction, and ordain, 
1 Tim. 2, 2.  that to the greater improvement of Christianity, and casting down of wickedness, 
Rom. 13. 3, 4.  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 off its opposers.  
Thirdly, 
Argum. 3.  because to many it seems unfitting, the Successors 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, might have 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 Gods own institution, 
Argum. 4.  and the most ancient practice of the Church: God himself did annex civil jurisdiction to the office of Priesthood, it is therefore no strange thing, nor against the divine Law, that a Clergyman should bear sway in temporal affairs. [Asdruball appears fully in the former Treatise here before cap. 1. and 2. Where it is showed, that in all Courts of Iustic● in Israel, the priests and Levites were the principal judges, both in the great Council sitting in the Temple at jerusalem, and in the second Court of judgement residing in principal Cities.] Eli, Samuel, the Macchabees, together with all the High-priests in the Old Testament, did exercise this kind of authority: But why it continued not for some hun-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 Emperors own laws; but these are so sufficiently known to the learned, that the citation thereof would prove an unnecessary trouble.  
Lastly, 
Argum. 5.  let us out of our adversaries own grants and confessions, prove what themselves deny. They grant the Clergy a jurisdiction whereby they can cite before their Courts, Heretics, Drunkards, Adulterers, and such like infamous persons; admit accusations 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 restrain their base 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, niether 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 M. Calvin doth grant that what Controversies soever happened between Christians, to avoid strife and division they were wont to refer them to their Bishops by their judgement to be decided. 
De opere Monach●r. 28.  And St. Austin 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 nor 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 less interest himself in state affairs, 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 to hunt after, or with prejudice to the Function of Priesthood, to exercise 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.  
To this Determination of the learned Bishop Davenant, there is nothing replied by Dr. Burgess, but in an insolent manner, he terms him only a speculative Divine, as if such a famous professor in the university, and a most learned Bishop for twenty years together, who was highly reputed for learning and piety, should be so scornfully neglected by one that never spent seven years in the university, nor ever enjoyed any fellowship, a place of continuance in any College, to gain more than common learning in a trivial way; as appeared fully when he came back to the University to go out Doctor, and would needs take upon him to answer the Divinity Act, which he performed so contemptibly, that he was hissed and scorned publicly by all the Auditors, and accordingly censured by Doctor Prideaux, who reprehended him sharply in public for his ignorance and insuffiency: and some Papists, who are commonly present at such public Acts among the multitude, hearing him to be so destitute of Latin, Logic, and distinctions upon the state of his questions, publicly were heard to say,— Alas poor black sheep, what maketh thee here? Whereof I was both an eye, and ear witness.  
But as is formerly affirmed, if some principal men of the Clergy be not in places of Authority, and Judicature, and some be not Justices of the Peace in every Shire, the ordinary Clergy will be trampled on by the vulgar people in most vile manner, taxed, and assessed unreasonably by Constables, and Committee-men, and all such officers, as is well-known by many instances, which might be alleged and are commonly known: to say nothing of the insolency of Soldiers, and Quarter-masters, who will be sure when they come to any parish to set first upon the Minister's house, and furnish him with company enough to consume all that he hath in barns, or buttery, without any mercy, or compassion, which may be easily proved, but that it is a thing notoriously known, past denial; so that the Clergy may complain with the Apostle, that they are made the fisth of the world, 
1 Cor. 3. 13.  and are the off scouring of all things to this day. And all this done by the Parliament-members and officers, who pretended to advance religion, to maintain and uphold Ministry, as well as Magistracy. But the Laws being taken away, or suspended, whereby Ministers should be preserved and maintained, there is risen up such a swarm of Sectaries, Anabaptists, Quakers, and a rascal rabble of others who deny the calling of ministers, and are as ready to oppress them in as violent manner, as those Rebels that did rise in the 5. Rich. 2. Wat Tyler, jack Straw, jack Shepherd, Tom Millar, Hob. Carter. and such like fellows, as Cowper relateth them in his Epitome of Chronicles: and as john Stow reporteth in the Confession of jack Straw at his death, They would have destroyed all Bishops, Monks, Canons, and Parsons, and would have dispatched them all: Only begging Friars should have lived, that might have sufficed for ministering the Sacraments in the whole Realm.  
Poor begging Friars having no good Lands or Revenues, were not the object of the people's malice; but all rich men, Lords, and Gentlemen, especially Clergy men, should have been made a prey: And so, or worse is the Case of the Clergy in these times: All principal all learned Divines, if they have any Estates, are miserably cast out of their houses and livings, Bishops, Deans, and Doctors or others of any eminent note are shamefully persecuted: Only poor Curates, poor Lecturers, poor New-lights, poor Schoolmasters, who are like the begging Friars, are suffered to continue, and yet the Anabaptists, and Quakers, and such like are ready to cashier them, to pull down Churches Steeple-houses and Stone-houses, as they call Churches in derision: but as Solomon saith, there is no new thing under the Sun: from the beginning of the world to the end it is so, that necessitous men, thiefs, and beggars will seize upon the estates of rich men, if they have once power in their hands, and can but lay hold on them.   

The Speech of Doctor WILLIAMS Lord Archbishop of York, in defence of the Bishop's Rights to Sat and Vote in Parliaments.  
I Shall desire as much water or time, of your Honourable Lordships, as your Lordships can well afford in a Committee, because all that I intent to speak in this business, must be to your Lordships only, as Resolved for mine own part, to make hereafter no Remonstrance at all to his most excellent Majesty for these several reasons.  
1. That I have had occasion of late to know, that our Sovereign (whom God bless and preserve) is, I will not say above other Princes, but above all Christian men, that ever I knew or heard of, a man of most upright, dainty and scrupulous Conscience, and afraid to look upon some actions, which other Princes abroad do usually swallow up and devour: I know (for I have the Monuments in my own Custody) what Oath, or rather oaths, his Majesty hath taken at his Coronation, to preserve all the rights and Liberties of the Church of England: And you know very well, that Churchmen are never sparing in their Rituals or Ceremonials, to amplify and swell out the Oaths of Princes in that kind: Your Lordships then know right well, that he is sworn at that time to observe punctually the laws of K. Edward. The first Law whereof, as you may see in Lambards' Saxon Laws, is to preserve entirely the peace, the possessions, and the rights and privileges of the Church; And truly I shall never put my Master's Conscience that I find resenting and punctilious, when it is not bound up with oaths and protestations, to swallow such Gudgeons, as to fill itself with these doubts and scruples.  
2. My second Reason is, that if his Majesty were free from all these Oaths and Protestations, I durst not without some fair invitation from himself, advise his Majesty to run shocks and oppositions against the Votes of both these great Houses of Parliament.  
3. And lastly, if I were secretly invited to move his Majesty, ●o advise upon the passing of this Bill, yet speaking mine own heart and sense, and not binding any of my brethren in this opinion, if I found the major part of this House, to pass this bill without much qualification, I should never have the boldness, nor desire to sit any more, in any judicial place in this most honourable House.  
And therefore my Honourable Lords, here I have fixed my Areopagus, and dernier resort, beign not like to make any further appeal: Which makes me humbly desire your patience to speak for some longer time, than I have accustomed in a Committee: In which length I hope notwithstanding to use a great deal of brevity; Some length in the whole, and much shortness in every particular head, which I mean so to distinguish and beat out, that not only your Lordships, but the Lords my brethren may enlarge themselves upon all the particulars, which neither my abilities of body can perform, nor doth my intention nor purpose aim at at this time. I will therefore cast this whole bill into six several heads, wherein I hope to comprehend all that I shall say, or any man else can materially touch upon in this bill.  
The first is the Rise or Motive of this Bill, 
Sect. 1.  which is the duty of men in holy orders: For the words are persons in holy Orders o●ght not to intermeddle,— etc.— And this duty of ministers may be taken in this place two several ways, either for their duty in point of Divinity: or for their duty in point of Convenience, which we commonly call policy. In regard of either of these duties, it may be conceived that men in holy orders, ought not to intermeddle in secular affairs,— etc.— And this is the Motive, Rise and Ground of this bill.  
The second point are the persons concerned in this bill, 
Sect. 2.  which are Archbishops, Bishops, Parsons, Vicars, and all other in holy orders.  
The third point contains the things inhibited from this time forward to such persons by this Bill, 
Sect. 3.  and they are of several sorts and natures.  
First, Freeholds and Rights of such persons, as their suffrages, votes, and legislative power in parliament.  
Secondly matters of princely favours, as to Sat in Star-chamber, to be called to the Council-board, to be Justice of peace,— etc.—  
Thirdly, matters of a mixed or concrete nature, that seem to be both Freeholds, and favours of former princes, as the Charters of some of the Bishops, and some of the ancient Cathedrals are conceived to be. And these are all the matters, or things inhibited from those persons in holy orders, by this present bill.  
Fourthly, 
Sect. 4.  the manner of this Inhibition, which is of a double nature first under a high and severe penalty; and secondly under a cain's mark, an eternal kind of disability or incapacity laid upon them from enjoying hereafter any of these Freeholds, rights, favours, or Charters of former princes; and that which is the heaviest point of all, without killing of Abel, or any Crime laid to their charge more than that in the beginning of the bill it is said, ●oundly, and in the style of Lacedaemon, that they ought not to intermeddle in secular affairs.  
The fifth point is a Salvo for the two Universities, 
Sect. 5.  but none for the Bishop of Durham, nor for the Bishop of Ely▪ not for the De● of Westminster their next Neighbour, who is established in his Government by an especial Act of parliament that of the 27. of Q. Elizabeth.  
The sixth and last point is a Salvo, 
Sect. 6.  for Dukes, Marquilses, Earls, Viscounts, Barons or Peers of this Kingdom, that either may be or are such by descent: which clause I hope in God, will prove not only a salvo to those honourable persons, (whereof if we of the Clergy were but so happy, as to have any competent number of our Coat.— quot Thebarum portae, vel divitis ostia Nili, This bill surely had perished in the womb, and never come to the birth) yet I hope that this clause will prove to this bill, a felo de se, and a murderer of itself, and intended for a Salvo for noble ministers only, prove a Salvo for all other ministers, that be not so happy as to be nobly born; because the very poor minister, for aught we find in Scripture or Common reason, is no more tied to serve God in his Vocation, than these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and nobly born ministers are. And therefore I hope these noble ministers will deal so nobly, as to pull their brethren the poor ministers out of the thorns and briers of this bill. And these are all the true heads and contents of this bill. And amongst these six heads, Your Lordships shall be sure to find me; and I shall expect to find your Lordships in the whole tract of this Committee. And now with your Lordship's honourable leave and patience, I will run them over almost as briefly as I have pointed & pricked them down.  
For the first, 
Sect. 1.  the rise and motive of this bill, which is the duty of men in holy orders not to intermeddle with secular affairs, must arise either from a point of divinity, or from point of conveniency or policy: And I hope in God it will not appear to your Lordships that there is any ground either of divinity or policy, to inhibit men in orders so modestly to intermeddle with secular affairs, as that the measure of intermeddling in such affairs, shall not hinder and obstruct the duties of their calling. They ought not so to intermeddle in secular affairs, as to neglect their ministry, no more ought Laymen neither; for they have a calling and Vocation, wherein they are to walk, as ministers have, they have wise and children and families to care for, and they are not to neglect these to live upon Warrants and Recognizances, to become a kind of Sir Francis Michael, or an Ignotus nimis as Solomon calls it; That place 2 Tim. 2. 4. No man that wars, entangles himself with the affairs of this life, will be found to be applied by all good Interpreters, to Laymen as well as Churchmen, and under favour nothing at all to this pupose: Besides that the word (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) doth point at a man that is so wholly taken up with the affairs of this life, that he utterly neglects the offices and duties of a Christian man; and so I leave that place as uncapable of any other exposition nor ever otherwise interpreted but by Popes, Legars, and Canonists, that make a Nose of Wax, of every place of Scripture they touch upon.  
But that men in holy orders ought not in a moderate manner, together with the duties of their calling, to help and assist in the Government of the Commonwealth if they be thereunto lawfully called by the Sovereign prince, can never be proved by any good divinity: For in the law of nature, before the Deluge, and a long time after, it is a point that no man will deny me, that the eldest of the Family was both the priest and the magistrate.  
Then the people were taken out of Egypt by Moses and Aaron: Moses and Aaron amongst his Priests, as it is in the psalm; Then there was a form of a Commonwealth, fetched from heaven indeed, and planted upon the earth, and judiciary laws dictated for the reiglement of the same. Nor do I much care, though some men shall say, that persons in holy orders ought not to intermeddle in secular affairs, when that great God of heaven and earth doth appoint them to intermeddle with all the principal affairs of that estate, witness the exorbitant power of the High priest in secular matters, the Sanedrim, the 23. the Judges of the Gate, which were the most of them Priests and Levites. And the Churchmen of that estate were not all Butchers and Slaughtermen: For they had their Tabernacle, their Synagogues, their Prayers, Preaching, and other exercises of piety: In a word we have Divinius, but they had operosius ministerium, as St, Augustin speaketh. Our Ministry takes up more of our thoughts, but theirs took up more of their Labours and Industry: Nor is it any matter▪ that this Commonwealth is no more in being's in sufficeth it hath been once, and that planted by God himself, who would never have appointed persons in holy orders, to intermeddle with things they ought not to intermeddle withal. I will go on with my Chronology of persons in holy orders, and only put you in mind of Ely and Samuel, amongst the Judges of Sadocks employment under King David, of jehojadas under his Nephew King joash, and would fain know what hurt those men in holy orders did, by intermeddling in secular affairs of that time, Now we are returned from the Captivity of Babylon, I desire you to look upon the whole race of the Macchabees, even to Antigonus the last of them all, taken prisoner by Pompey, and crucified afterwards by Mark Anthony. And show me any one of those Princes (a woman or two excepted) that was not a Priest and a Magistrate.  
We are now come to Christ's time, when me thinks I hear St. Paul, in the 23. of the Acts, excuse himself, for reviling of the high priest: I wist not Brethren that he was the high priest, for it is written, Thou shalt not speak evil of the Ruler of thy people, Where observe, that the word Ruler in the Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the very same word that is used by St. Paul Rom. 13. 3. where this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is translated by Peza, Magistrates. Then you must be pleased to imagine the Church asleep or almost dead under rersecution for almost 300. years, until the happy days of the Emperor Constantine, and not expect to find many Magistrates among the Christians: Yet shall you find St. Paul 1 Cor. 6. 5. offend against this Bill, and intermeddle knuckle-deep, with secular affairs, by inhibiting the corinthians very sharply for their Chicanery, their petty-foggery, and Common battery, in going to Law one with another. Besides that as all learned men agree, both the Apostles and Apostolical men that lived presently after them had a miraculous power of punishing exorbitant crimes, which supplied the power of the ordinary Magistrate; as appears in Ananias and Saphyra, the incestuous Corinthian, and many others. But then from Constantine's age, till the Reformation begun by Luther, Churchmen were so usually employed in managing of secular affairs that I shall confess ingenuously, that it was too much, there lying an appeal from the Courts of the Empire to the Bishop's judicatory, as you shall find it every where in the Code of justinian. So was it under Carolus Magnus, and all the Carolovingian Line of our neighbour Country of France. So and somewhat more it was with us, in the Saxon Heptarchy, the Bishop and the Sheriff sitting together cheek by jowl in their Towns and Courts: But these exorbitant and vast employments in secular affairs I stand not up to defend, and therefore I will hasten to the Reformation: Whereas Mr. Calvin in the Fourth Book of his Institutions, and eleventh Distinction, doth confess that the holy men heretofore did refer their Controversies to the Bishop to avoid troubles in Law: you shall find that from Luther to this present day in all the Flux of time, in all Nations, in all manner of Reformations, persons in holy orders were thought fit to intermeddle with secular affairs: Brentius was a privy Counsellor to his Duke and Prince. Functius was a Privy Counsellor to the great Duke of Borussia, as it is too notoriously known to those that are versed in Histories. Calvin and Beza whilst they lived, carried all the Council of the State of Geneva, under their own Gowns. Bancroft in his Survey cap. 26. observeth, that they were of the Council of State there, which consisteth of threescore. And I have myself known Abraham Sculteius, a privy Counsellor to the Prince Palatine: Reverend Mousieur du Moulin, for many years together a Counsellor to the Princess of Sedan: His Brother in Law Mounsieur Rivel, a great learned personage now in England, of the Privy Council of the Prince of Orange. You all hear, and I know much good by his former writings of a learned man called Mr. Henderson, and most of your Lordships understand better than I, what employment he hath at this time in his kingdom. And truly I do believe, that there is no reformed Church in the World, settled and constituted by the State, wherein it is held for a point in divinity, that persons in holy orders, ought not to intermeddle with secular affairs: which is all I shall say of the duty of ministers in point of divinity.  
Now I come to the second duty of men in holy orders, 
Sect. 2,  in point of conveniency or policy; and am clearly of opinion, that even in this regard and reflection, they ought not to be debarred from modestly intermeddling in secular affairs. For if there be any such inconveniency, it must needs arise from this, that to exercise some secular jurisdiction, must be evil in itself, or evil to a person in holy orders: Which is neither so nor so. For the whole office of a subordinate civil Magistrate is most exactly described in Rom. 13. 3, 4. and no man can add or detract from the same. The civil power is a divine ordinance, set up to be a Terror to the evil, and an encouragement to good works: This is the whole compass of the civil power. And therefore I do here demand with that most learned Bishop Davenant, that within a few days did sit by my side, in the eleventh Question of his Determinations: What is there of impiety, what of unlawfulness, what unbecoming either the holiness or calling of a priest, in terrifying the bad, or comforting the good Subject, in repressing of sin, and punishing of sinners. For this is the whole and entire Act of civil jurisdiction: It is in its own nature repugnant to no person, to no function, to no sort or condition of men, let them hold themselves never so holy, never so seraphical, it becomes them very well to repress sin and punish sinners; that is to say, to exercise in a moderate manner civil jurisdiction, if the Sovereign shall require it. And you shall find that this doctrine of debarring persons in holy orders from secular employments, is no doctrine of the Reformed, but the Popish Church, and first brought into this Kingdom by the Popes of Rome, and Lambiths, Lanfranc, Anselm, Stephen Langton, and the test, together with Otho and Othobon, and to this only end; that the man of Rome, might withdraw all the Clergy of this Kingdom, from their obligations to the King and Nobility, who were most of them great Princes in those times, and thereby might establish and create (as in a great part he did) regnum in regno, a Kingdom of Shavelings in the midst of this Kingdom of England: And hence came those Canons of mighty consequence, able to shoot up a priest at one shot into heaven: as that he must not meddle with matters of blood; that he must not exercise civil jurisdiction, not be a Steward to a Noble man in his house, and all the rest of this Palea and Garbage: That is, in plain English, the Priest must no longer receive obligations from either King or Lords, but wholly depend upon his holy Fathers, the Pope of Rome and the Pope of Lambeth, or at least wise pay him sound for their Dis▪ ensations and Absolutions, when they presume to do the contrary. In the mean time, here is not one word or show of Reason, to inform an understanding man, that persons in holy orders ought not to terrify the bad, and comfort the good, to repress sin, and chastise sinners; which is the summa totalis of the civil Magistracy, and consequently so fat forth at the least to intermeddle with secular affairs, And this is all that I shall say, touching the motive and ground of this Bill, and that persons in holy orders ought not to be inhibited from intermeddling in secular affairs, either in point of divinity, or in point of conveniency and policy.  
The second point consists of the persons reflected upon in this Bill, which are Archbishops, Bishops, Parsons, Vicars, and all others in holy orders: of which point I shall say little; only finding these names huddled up in an heap, made me conceive at first, that it might have some relation to Mr. Bagshawes reading in the middle Temple, which I ever esteemed to have been very inoffensively delivered by that learned Gentleman, and with little discretion questioned by a great Ecclesiastic then in place. For all that he said was this, That when the Temporal Lords, are more in voices then the Spiritual, they may pass a Bill without consent of the Bishops, which is an assertion so clear in reason, and so often practised, upon the Records and Rolls of Parliament, that no man any way versed in either of these, can make any doubt of it, nor do I: Though I humbly conceive no Precedent will be ever found that the Prelates were ever excluded, otherwise then by their own folly, fear or headiness; For the point of being Justices of peace the Gentleman confesseth he never meddled with Archbishops, nor Bishops, nor with any Clergy man made a Justice by his Majesty's Commission. In the Statute made 34. Ed. 3. c. 1. He finds assignees for the keeping of the Peace one Lord, and with him 3. or 4. of the most valiant men of the County, the troublesome times did then so require it, and if God do not bless us with the riddance of these two armies, the like provision will be now as necessary. He finds these men included, but doth not find Churchmen excluded; no not in the Statute 13. Rich. 2. cap. 7. that requires Justices of peace to be made of Knights, Esquires, and Gentlemen of the Law, of the most sufficient of each County: In which words the Gentleman thinks Clerks were not included, and I clearly say by his favour, they are not excluded: Nor do the learned Sages of the Law, conceive them to be excluded by that Statute. If the King shall command the Lord Keeper to fill up the Commissions of each County, with the most sufficient Knights, Esquires, and Gentlemen of the Law, shall the Lord Keeper thereupon exclude the Noblemen and the Prelates? I have often in my days received this Command but never heard of this interpretation before this time: So that I cannot conceive from what ground this general sweepstake of Archbishops, Bishops, Parsons, Vicars and all others in holy orders should proceed. I have heard since the beginning of my sickness, that it hath been alleged in this House, that the Clergy in the sixth of Edw. the third, did disavow that the custody of the peace did belong to them at all, and I believe that such a thing is to be found amongst the Notes of the privileges of this House: But first you must remember, that it was in a great storm, and when the waters were much troubled, and the wild people unapt to be kept in orders by Mitres and Crosiersstaves: But yet if that noble Lord, shall be pleased to cast his eye upon the Roll itself, he shall find that this poor excuse did not serve the Prelate's turns: For they were compelled with a witness, to defend their parts of the preservation of the peace of the Kingdom, as well as the Noble men and Gentry: And you shall find the ordinance to this effect set down upon that Roll. I conclude therefore with that Noble Lords favour, that the sweeping of all the Clergy out of Temporal offices, is a motion of the first impression; and was never heard of in the English Commonwealth before this Bill.  
I come in the third place to the main part of this cause, the things to be severed from all men in holy orders: which are as I told you of three kinds. First, matters of Freehold, as the Bishop's votes in parliament and Legislative power. Secondly, matters of favour as to be a Judge in Star-chamber, to be a privy Counsellor, to be a Justice of peace, or a Commissioner in any Temporal affairs. Thirdly, and mixed matters of Freehold and Favour too, as the Charters of some Bishops: and many of the ancient Cathedrals of this Kingdom, who allow them a Justice or two within themselves, or their Close as they call it, and exempt those grave and learned men from the rudeness and insolency of Tapsters, Brewers, Innkeepers, Tailors, and Shoemakers, which do integrate and make up the bodies of our Country Cities, and Incorporations. And now is the Axe laid to the very root of the Ecclesiastical tree, and without your Lordship's justice and favour, all the branches are to be lopped off quite, with those later clauses, and the Stock and root itself, to be quite gr●bb'd and digged up, by that first point of abolishing all Vote and Legislative power in all Clergy men, leaving them to be no longer any part of the people of Rome, but mere Slaves and Bondmen to all intents and purposes: And the priests of England one degree inferior to the priests of jeroboam, being to be accounted worse than the Tail of the people.  
Now I hope no English man will doubt, but this Vote and Representation in Parliament, is not only a freehold, but the greatest freehold that any Subject in England, or in all the Christian world, can brag of at this day, that we live under a King, and are to be governed by his Laws, that is, not by his arbitrary Edicts or Rescripts, but by such Laws confirmed by him, and assented to by us, either in our proper persons, or in our Assignees, and Representations.  
This is the very Soul and Genius of Magna Charta, and without this one spirit, that great Statute is little less, than Littera occidens, a dead and useless piece of paper. You heard it most truly opened unto you, by a wise and judicious Peer of this House, that legem patere quam ipse tuleris, was a Motto wherein Alexander Severus had not more interest, than every true born English man: No forty shillings man in England, but doth in person or Representation enjoy his freedom and liberty: The prelate's of this Kingdom, as a Looking-glass and Representation of the Clergy, have been in possession hereof these thousand years and upwards. The princes of the Norman race, for their own ends, and to strengthen themselves with men and money, erected the Bishoprics soon after the Conquest into Baronies, and left them to sit in that House with their double capacities about them; the later invented for the profit of the prince, not excluding the former, remaining always from the beginning for the profit and concernment of the poor Clergy: Which appears not only by the Saxon Laws set forth by Mr. Lambard, and Sir Henry Spelman, but also by the Bishop's Writs and Summons to parliament, in use to this very day. We have many preceedents, upon the Rolls, that in Vacancy of Episcopal Seas, the Guardian of the Spirituals, though but a simple priest, hath been called to sit in this Honourable House, by reason of that former Representation: and such an officer I was myself over that Sea (whereof I am Bishop) some 25, years ago, and might then have been summoned by Writ unto this Honourable House, at that very time by reason of the Spiritualty of that Diocese, which then as a simple priest, I did by virtue of the aforesaid office represent. And therefore most noble Lords, look upon the Ark of God representative, that in this time floats in great danger, in this deluge of waters: If there be any Cham, or unclean Creature therein; out with him, and let every man bear his own Burden, but save the Ark, for God and Christ Jesus his sake, who hath built it in this Kingdom, for saving of people; and your Lordships are too wise to conceive that the Word and Sacraments, the means of our Salvation, will be ever effectually received from those ministers, whose persons shall be so vilified and dejected, as to be made no parcels or fragments of this Commonwealth: No saith Gregory, the last trick the Devil had in this world was this, that wh●● he could not bring the word and Sacraments into disgrace by errors, and Heretical opinions, he invented this project, (and much applanded his wit therein) by casting slight and contempt upon the preachers and ministers. And my Noble Lords, you are too wise to believe what the Common people talk, that we have a vote in the election of Knights and Burgesses, and consequently some Figure and Representation in the Noble House of Commons: They of the Ministry have no vote in these elections, they have no Representation in that Honourable House, and these contrary assertions are so slight and groundless, as I will not offer to give them any answer. And therefore right Honourable Lords, have a special care of the Church of England, your Mother in this point; and as God hath made you the most noble of all the peers of the Christian World, so do not you give way, that our Nobility shall be taught henceforth, as the Romans were, in the time of the first and second Punic wars, by their Slaves and Bondmen only, and that the Church of God in this Island, may come to be served by the most ignoble Ministers that ever have been seen in the Christian Church, since the passion of our Saviour. And so much for the first thing, which this Bill intends to sever from persons in holy orders, viz. votes & representations in parliament. The next thing to be severed from them by this Bill, is of a much base metal and alloy, sit in Star Chamber, sit at Councel-Table, sitting in Commissions of the peace and other Commissions of secular affairs, which are such favours and graces of Christian princes, as the Church may have a being and subsistence without them: The Fortunes of our Greece, do not depend upon these Spangles; and the Sovereign prince hath imparted and withdrawn these kind of favours without the envy or regret of any wise Ecclesiastical persons. But my Noble Lords this is the Case. Our King hath by the Statute restored unto him the Head-ship of the Church of England, and by the Word of God he is, Custos utriusque Tabulae. And will your Lordships allow this Ecclesiastical Head no Ecclesiastical Senses at all? No Ecclesiastical person to be consulted withal, not in any Circumstances of time and place. If Cranm●r had been thus dealt withal in the minority of our young josias, King Edward the sixth of pious memory, what had become of that great Work of our Reformation, in this flourishing Church of England? But I know before whom I speak, I do not mean to dine your Lordships with Coleworts, the harsh Consequences of this point, your Lordships do understands as well as I.  
The last robe that some persons, in holy orders, are to be stripped of, hath a kind of mixture of Freehold and favour, of the proper right, and the graces of the King, which are certain old Charters, that some few Bishops, and many ancient and Cathedral Churches have purchased & procured from the ancient Kings before & since the conquest, to enable them to live quiet in their own precincts and close (as they call it) under a Justice or two, of their own body, without being abandoned upon every slight occasion to the injuries and vexations of Mechanical Tradesmen, of which your Lordships best know, these Country Incorporations do most consist: Now whether these few Charters have their foundation by favour, or by right, I should conceive under your Lordship's favour it is neither favour nor right ●o take them away, without some just crime objected and proved; for if they be abused in any particular, Mr. Attorney General can find an ordinary remedy to repair the same by a Writ of Ad quod damnum, without troubling of the two Houses of Parliament, and this is all I shall speak to this point.  
And now I come to the fourth part of this bill, 
Sect. 4.  which is the manner of Inhibition, heavy every way, heavy in the penalty, heavier a great deal in the incapacity, the weighing of penalty: will you consider I beseech you, the small wires, that is, poor Causes, that are to induce the same, and then the heavy lead that hangs upon these wires. It is thus, if a natural subject of England in●ere●●ed in the Magna Charta, and petition of Right, as well, as any other; yet being a person in holy orders, shall happen unfortunately to vote in Parliament, to obey his Prince by way of Council, or by way of a Commissioners be required thereunto; then is he presently to lose and forfeit for his first offence all his Means and Livelihood for one year, and for the second to forfeit his Freehold in that kind for ever, and ever. And I do not believe that your Lordships ever saw such an heavy weight of censure, hang upon such thin wires of reasons, in any Act of Parliament made heretofore. This peradventure may move others most, but it does not me; it is not the penalty, but the incapacity, and as the Philosophers would call it, the natural impotency, imposed by this Bill on men, in holy orders to serve the King, or the State in this kind, be they otherwise never so able, never so willing, not never so virtuous; which makes me draw a kind of Timanthes vail over this point, and leave it without any amplification at all, unto your Lordship's wise and inward thoughts, and considerations.  
The fifth point is the Salvo made for the two Universities, 
Sect. 5●  to have Justices of the peace amongst them of their own heads of Houses, which I confess to be done upon mature, and just consideration, for otherwise the Scholars must have gone for Justice, to those parties to whom they go for their Mustard and Vinegar: but yet under favour the reasons and inducements cannot be stronger, then may be found out for other Ecclesiastical persons, as the Bishop of Durhans, who was ever since the days of K. john, suffered by the Princes, and Parliaments of England, to exercise justice upon the parties in those parts, as being in truth the King's subjects, but the Bishop's Tenants, and therefore not likely to have their Causes more duly weighed, then when the balance is left in the hand of their own proper Landlords. The Case of the Bishop of Ely for some parts of that Isle, is not much different, but if a little partiality doth not herein cast some mist before mine eyes, the Case of the Dean and, City of Westminster, wherein this Parliament is now sitting, is far more considerable, both in the antiquity, extent of Jurisdiction, and the warrants whereupon it is grounded, than any one of those places before mentioned; for there is a clear Statute made 27. Eliz. for the drawing all Westminster, St. Clemenst, and St. martin's le grand, London, into a Corporation, to be reigled, by a Dean, a Steward, 12 Burgesses, and 12 Assistants. And if some salve or plaster, shall not be applied unto Westminster in this point, all that government and Corporation, is at an end: But this I perceive since is taken into Consideration by the Honourable House of Commons themselves.  
I come now to the last point, 
Sect. 6.  and the second Salvo of this Bill, which is for Dukes, Marquess', Earls, Viscounts, Barons, or Peers, of this Kingdom, which is a clause that looks with a kind of contrary glance upon persons in holy orders. It seems to favour some, but so that thereby, and in that very Act, it casts an aspersion of baseness, and ignobility upon all the rest of that holy profession; for if no persons in holy orders ought to intermeddle in secular affairs, how come these Nobles to be excepted out of that universal negative? is it because they are nobly born? then surely it must be granted that the rest must be excluded as being made of a rough and base piece of clay: For the second part of this reason in beginning of the Bill, can never bear out this Salvo, that the office of the ministry is of so great importance that it will take up the whole man, and all his best endeavours; Surely the office of the ministry is of no greater importance in a poor man, then in a noble man, nor doth it take away the whole man in the one, and but a piece of him in the other; I cannot give you many Instances herein out of Scripture, because you know that in those days, not many mighty, not many noble were called— etc. 1 Cor. 1. 26. but when any noble were called, I do not find, but they did put more of the whole man and their best endeavours, upon the ministry, than men in holy orders, are at the least in holy Scripture noted to have done. I put your Lordships in mind of those noblemen of Beraea, compared with those of Thessalonica, in the 17. of the Acts of the Apostles: So that this Salvo for the nobility must needs be (under your Lordship's favour) a secret wound unto the rest of the ministry, unless your Lordships by your great wisdom will be willing to change it into a Panacea & commonplaister, both to the one, and the other: and under your Lordship's favour, I conceive may be done upon a very forcing argument. The office of the ministry is of equal importance & takes up the whole man, and all his best endeavours in the noble born, as well as in the mean born minister, but it is lawful all this notwithstanding, for the noble born mininster to intermeddle with secular affairs, and therefore it is likewise lawful for the mean born so to do. And so in my Conscience I speak it, in the presence of God, and great noble men; it is most lawful for them to intermeddle with secular affairs, so as they be not entangled, (as the Apostle calls it) with this intermeddling as to slight and neglect the office of their calling, which no minister noble or ignoble can do without grievously sinning against God and his own Conscience: It is lawful for persons in holy orders to intermeddle, it is without question, or else they could not make provision of meat and drink, as Beza interprets the place: It is not lawful for them to be thus entangled and bound up with secular affairs, which I humbly beseech your Lordships to consider, not as a distinction invented by me, but clearly expressed by the Apostle himself.  
And thus my noble Lords, I shall without any further molestation, and with humble thanks for this great patience leave this great Cause of the Church to your Lordship's wise and gracious consideration: Here is my Mars-Hill, and further I shall never appeal for justice. Some assurance I have from the late solemn vote and protestation of both Houses, for the maintaining and defending the power, and privileges of Parliament, that if this Bill were now to be framed, in the one House, it would never be offered without much qualification, as I persuade myself it will not be approved in the other.  
Parliaments are indeed omnipotent, but no more omnipotent than God himself, who for all that cannot do every thing. God cannot but perform his promise. A Parliament (under favour) cannot unswear, what it hath already vowed. This is an old Maxim, which I have learned of the Sages of the Law, a parliament cannot be felo de se, It cannot destroy or undo itself.  
An Act of parliament (as that in the 11. and another in the 21▪ Rich. 2.) made to be unrepealable in any subsequent parliament, was ipso facto, void in the constitution; why? Because it took away the power and privileges, that is, not the plumes and feathers, the remote accidents, but the very specifical form, essence, and being of a parliament, So if an Act should be made to take away the Votes of all the Commons, or of all the Lords, it were absolutely a void Act.  
I will conclude with the first Epistle to the Corinthians, Cap. 12.  
Vers. 15. If the Foot shall say, because I am not the hand I am not of the Body, is it therefore not of the body?  
Vers. 20. But now are they many Members, yet but one Body.  
Vers. 2●. And the Eye cannot say unto the Hand, I have no need of thee, nor again the Head unto the Feet, I have no need of you.  

Some Annotations upon the Arch-Bishops SPEECH.  
WHereas the Archbishop saith, Sect. 3. That the Bishops sat in parliaments and all public Assemblies of State a thousand years, it is certainly true, as appears fully by the Subscriptions of their names to all constitutions, Laws, and Ordinances, made in the several great Counsels of the Kingdom, in the times of the Saxon Kings; the manner being then to give their assent, not by verbal voting, but by subscribing their names, as fully appears in Sir Henry spelman's Edition of the Counsels, at the end of all such Assemblies and Counsels, as were then held. And whereas the Archbishop saith, that the princes of the Norman race erected the Bishoprics into Baronies, it is very true, as Cambden showeth in his Britannia, pag. 170. And so the great Abbots also, heretofore by right and custom were peers of the Kingdom, and did sit in parliaments, to order, decree, and determine. But the Conqueror ordained both Bishops and Abbots to be under military Service, erecting every Bishop and Abbey at his Will and pleasure, and appointing how many Soldiers he would require of them to be furnished for him and his Successors in times of Hostility and War. So that the Tenure and Title of Barons, being imposed on them, it was no addition of honour to them, they being superior to Thanes or Barons though as Cambdon saith out of Matthew Paris. That which was then complained of by the Cleagy, and accounted as a burden, in the age ensuing was accounted as the greatest honour. And so it hath continued as a Title of Honour ●o the Bishops.  
Whereas the Archbishop saith, That the Word and Sacraments, the means of our Salvation, will not be effectually received from those Ministers, whose persons shall be so vilified and dejected as to be made no parcels or fragments of the Commonwealth.  
This doth certainly prove too true, Religion itself is vilified, and the Word of God and his Sacraments neglected almost in every parish; because the persons that should perform the duties and offices, are become contemptible for want of that Honour and Respect which they enjoyed legally heretofore. Therefore God anciently in the Kingdom of Israel, did greatly honour the Tribe of Levi, when he made the priests & Levites the principal officers & Judges in every Court, to whom the people were to be obedient upon pain of Death. Deut. 17. 12. The Administration of law and Justice throughout the Kingdom depended o● them principally. For God made his Covenant with Levi of Life and Peace. The Law of Truth was in his Mouth. The Priest's Lips should preserve knowledge, and they should seek the Law at his Mouth, Mal. 2. 5, 6, 7. and so Ezekiel 44. 23. They shall teach my people the difference between the holy and profane, and cause them to discern between the unclean and the clean, and in Controversy they shall stand in judgement and they shall judge according to my judgement and they shall keep my Laws, and my Statntes in all my Assemblies; They being the principal Judges and Lawyers in that Commonwealth of Gods own Constitution. And whereas it is now granted on all hands, that there was three Courts of Justice in that Kingdom, 1. The great Council of 70, Elders, 2. The Court of Judgement consisting of 23. 3. The Court of some three or some few more: The Priests and Levites were principal men, both Judges and Officers in all Courts, both Scophtim & Schoterim. as 1. Chron. 19 8, 11. both to give Sentence and Judgement, and also to execute the same. So the Divines do affirm also in their late Annotations upon. 1 Chron. 26, 29, 30. & 2. Chron. 19 8, 11. They did study the Judicial and politic Laws, and had power to see the Law of God, and injunctions of the King to be observed, and to order divine and humane affairs. And they held also other Honourable offices, 
1 Chron. 26. 14.  for we read that Zechariah a Levite was a wise Counsellor: and Benajah a priest son of jehojadah, was one of David's twelve Captains, 
1 Chron. 27. 5  being the third Captain of the Host, for the third month, 
1 Chron. 11. 22.  and in his course consisting of 2400, was his son Amizabad, Benajah was also one of David's principal worthies, having the name among the three mighties. He was also Captain of the Guard to David, and after the Death of joab, he was made Lord General of the Host by King Solomon in joabs' room 1. King. 2. 35. And this is fully to be proved by excellent learned men. As Sigonius, Bertram, Casaubon, Moulin, especially by the learned Hugo Grotius, upon Mal. 5. 21. Where he doth accurately show out of the Text, josephus, Philo, and other Monuments of the Jews, that there was no distinction of Courts, the one Ecclesiastical, the other Civil, (as Calvin and Beza, and some others that follow them would have it) but the Judges and Courts were united, and the Priests and Levites the principal Judges and Officers in every Court, to whom the people were to be obedient, upon pain of Death. Deut. 17. 12. They being appointed to hear every cause between blood and blood, between plea and plea, and between Stroke and Stroke, being matters of Controversy within thy Gates. And as our Laws call them, Pleas of the Crown, and Common pleas, or whatsoever else did arise among them, pertaining to God and the King, 1 Chron, 26. 30. 32. for which purpose God did scatter them in every Tribe, and turned the curse of jacob into a singular blessing: to be divided in jacob, and scattered in Israel, 
Gen. 49. 7  Appointing 1700 to be on the Westside jordan, and 2700, on the East-side.  
The ancient frame of our Kingdom for 500 years beforre the Conquest, was thus disposed and governed. As Spelman showeth fully in his learned Glossary and Counsels: and happy had it been if things had continued so still: But now the Law being otherwise settled, and the Courts divided, it is not safe, or easy to make alteration. Only without change of Law or Courts, the Benches may continue as they are, though some more Judges be added in most Courts, and some Eclesiastical persons among them: as in the Saxon times. Comes praesidebat foro Comitatus, non solus sed adjunctus Episcopo, hic ut jus divinum ille ut hnmanum diceret; alterque alteri anxilio esset & Consilio: Praesertim Episcopus Comiti, nam in hunc illi annimadvertere saepe licuit, & errantem cohibere: Idem igitur utrique territorium, & jurisdictionis terminus. Glossarium in Comes pag. 111.  
The Bishop and Earl of the County were joint Magistrates in every Shire, and did assist each other in all Causes and Courts, and so Mr. Selden in his History cap. 14. Sect. 1. By this means there was great union and harmony between all judges and officers, whereas now there is great contention for jurisdiction, and intolerable clashing in all Courts, by Injunctions, prohibitions, Consultations, and cross orders, to the great Vexation of the Clients and Subjects. And by multiplying several Courts, the number of Lawyers is greatly increased, as Lord Cook showeth, 4. Instit. p. 76. Where he gives divers reasons of the increase of Suits in Law, and in the same Book reckoneth up no less than 74. Courts of Law and justice of all sorts in the Kingdom, besides the Ecclesiastical Courts: Which are not many for the number, and had little business to do, when they were in greatest power. For commonly two or three proctor's were enough to dispatch the business of any Bishop's Court, without Advocates.  
But in the Courts of Common Law, there is a far● greater number of Lawyers in these times, whereas there was but an 140. Lawyers and Attorneys, appointed by that Martial and Legislative King. Edw. 2. When he distinguished the Courts, and appointed the number of Lawyers and Attorneys for the whole Kingdom, whereof the Writ is referred unto by Lord Cook 4. Instit. pag. 76. But the writ itself is put down by Spelman in his Glossary pag. 44. & 58. Sed hodie forte in uno Comitatu, tot solummodo Atlornati reperiantur.  
But the Division and Separation of the Ecclesiastical Courts from the Temporal, seems to have proceeded first from Pope Nicholas the first, as is mentioned in Gratian. Com. Cum ad verum 96. Distinct. about two hundred years before the Conquest, which was imitated among us by William the Conqueror, whose Statute for that purpose is recited and illustrated by Spelman in his Glossary, and lately also published by Mr. Selden and Lord Cook 4. Instit. c. 52. So that as the Pope hath been the Author of much evil in the World oftentimes, so in this particular, when he came to the height of his greatness, having (de facto) the Supremacy in all Ecclesiastical matters, he made the Clergy subject only to himself, and his Deputies and Legates and such officers as he sent among us. But at length Hen. 8. Contested with the Pope, and recovered the Supremacy of his Crown, though it cost much blood and opposition in his time. But he having recovered it, and it being approved by Parliament, it is fully settled upon the King, and vested in his Crown.— And as Lord Cook saith, 4. Instit. pag. 331.— His Majesty hath, and Queen Elizabeth before him had, as great and ample Supremacy and jurisdiction Ecclesiastical as ever King of England, had before them; and that had justly and rightly pertained to them by divers other Acts, and by the ancient Laws of England, if the Clause of annexation in the said Statute of 1 Eliz. had never been inserted. Wherefore the Speech of john Pym (as in rushworth's Collections 4. Caroli) That the Supremacy was given by parliament to the Crown (and as he seemeth to understand it) may be taken away by parliament, is a dangerous opinion not to be endured, Lord Cook saith, 4. Instit. pag. 325. The Act 1. Eliz, is an Act of Restitution.] not a gift merely given, which was not formerly due, and belonging to the jurisdiction of the Crown: If therefore the King hath his Supremacy vested in his Crown so firmly, and is Custos ntriusque Tabulae by the Word of God, as the Archbishop showeth; Then this Ecclesiastical Head must be allowed to have some Ecclesiastical Senses, to be consulted withal, excellently learned and principal persons of the Clergy; And as he addeth truly; If Cranmer the Archbishop had been thus dealt withal, and suppressed in the minority of our young josias Ed. 6. What had become of the great work of our Reformation: and also if Ridley, Latimer, Hooper, and the rest of the protestant Bishops (Martyrs afterwards) had been set aside and neglected, the Reformation could not have been effected. Therefore unless the King have good choice of Ecclesiastical persons, excellently Learned Bishops both in the ancient Counsels, Fathers, Histories, and Controversies, and in Canon and Civil Laws, requisite to determine of great difficulties that will continually happen in the Church, whereof the Conusance belongeth to the Spiritualty, as Lord Cook showeth out of the Statute 25. H. 8. cap. 21. and commendeth them for their Knowledge, Integrity and Sufficiency; and if so then, much more at this day, I saith Coke.] When all kind of Learning is eminently advanced to an higher degree then in the time of Hen. 8.  
john Pym, in another Speech 4. Caroli would have the Arminian points settled and determined in parliament,— viz, Concerning Predestination, Absolute Reprobation, Universal Grace, freewill, and Final perseverance, before the King should have Subsidies granted, Tonnage or poundage. But if they would give no money to the King, till those difficult poins be cleared and resolved, the King must never have any Subsidies granted. For those Questions are so mysterious and abstruse, that all the Divines in the world cannot yet resolve fully upon them. But these and such like difficult questions in Divinity belong to the Convocation of the Clergy (as Cook showeth Instit. pag. 322.) and they are to be called in time of parliaments, by the King's Writ, and are to proceed juxta legem divinam & Canon's sanctae Ecclesiae saith Cook. ibid. And they are divided into two parts, viz. The Upper House, where the Archbishops and Bishops sit. and the lower House, where the rest do sit. And they have two prolocutors, one of the Bishops of the Higher House chosen by that House, another of the lower house, and presented to the Bishops for their prolocutor. Cook ibid. The Convocation of the Clergy made the thirty nine Articles of Religion, the Common prayer Book, and the Book of ordination of Bishops, priests, and Deacons: and the Book of Canons: To all which what subscription is required by Law, Lord Coke showeth pag. 323. But in the late long parliament all these Books and good orders are cast aside and neglected, and nothing established in stead thereof. But it is hoped that the most excellent and gracious King Charles the Second, will so confirrm the Truth of our Religion and all good orders, Laws, Customs, and Rights as there shall be a full and happy Conclusion of all differences, and the peace of the Kingdom and Church established, to the advancement of God's glory, and the rejoicing of all that are truly wise and religious.  
Lord Cook showeth pag. 325. How the Commission Court for causes Ecclesiastical was settled,  
That such jurisdiction Spiritual or Ecclesiastical, as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been, or lawfully may be exercised or used for the Visitation of the Ecclesiastical State, and Persons: And for Reformation, Order, and Correction of the same; and of all manner of Errors, Heresies, Schisms, Abuses, Offences, Contempts, and Enormities, shall for ever be united and annexed to the Imperial Crown of this Realm.  
But not to the House of Commons, or any others: but by the dissolution of the high Commission, and all other Courts Ecclesiastical, there is risen up such an infinite and prodigious number of sectaries, factions, divisions in Religion, enormities and disorders, as is lamentable to behold, and all scandalous sins, as adultery, fornication, incest, and such as ought not to be named among Christians, go unpunished daily. If a bastard Child be gotten, the Justices of the peace do only take care for keeping of the bastard, but for the offence and scandal given to Religion, they do nothing; that belongeth to the Ecclesiastical Court, to enjoin what penance is fitting, according to Ecclesiastical Laws, which have been neglected too much of late, though they are ancient and fundamental, as well as any Common Laws.  
But it is testified fully by the best learned Divines in foreign Countries, that our Church of England was the only Church reform, by peaceable means, and gracious Princes; whereas others in France, Germany, and other places, were reform most part by tumults, and violent wars: Beza from Geneva, said of the Reformation by Queen Elizabeth: Doctrinae puritas viget in Anglia pure & sincere: so said Peter Martyr, and Zanchy, and Damen, when they saw the Confession of our faith in the thirty nine Articles, and others parts of our Reformation, so excellently defended by the Renowned Bishop jewel, in his Apology and Defence thereof against Harding the Papist, books far more excellent, and pious, then ever Cartwright, or any Presbyterian published: and of late times, the learned Deodatus, professor at Geneva: doth magnify the Church of England as the most eminent of all the Reformed Churches, styling it— Florentissima Anglia ocellus ille Ecclesiarum, peculium Christi singular, Perfugium afflictorum, imbellium Armamentarium, inopum promptuarium, spei melioris vexillum,— splendidae Domini Caulae: and much more he addeth, speaking of our happiness before these troubles, and so it might have continued still, if the Clergy might have enjoyed those rights and privileges, which the priesthood of God, did anciently enjoy in all ages; for in the Law of nature, before Moses, the priesthood was honourable: Priests being then the first born and eldest sons of the Family, not younger Brethren, or poor fellows of the basest of the people: How honourable the Priesthood was in the tribe of Levi, is well known. Sir james Sempill a learned Knight of Scotland, doth show it fully in his book of Sacrilege in many places. Cap. 6. Sect. 4. speaking of the dignity of the Church ministry of old: For tithes inheritance in the person of one Royal Melchisedeck. Royal, I say, in regard of the great odds between that, and this our age now: For of old, (as writeth josephus) the true mark of nobility was to derive a man's Pedigree from the Priesthood: so josephus was a Gentleman, because 〈◊〉 sanguine sacerdotali. And in our time, the only best Tenure and Holding of Possessions, was to hold of the Church, but now all to the contrary: For Rome hath frustrate her ministry of Matrimony, and we at home, ours of their patrimony: She can bring forth no well begotten Children, and we but few well beneficed Church men: No Joseph's in her, and all jobs with us: and instead to hold of the Church, we hold all from the Church, both much amiss: And as he saith in his preface to King james,— Truly it never goeth better, then when the Church Courteth it, and the Court Churcheth it, for Moses and Aaron were Brothers.] Well might the Learned and Religious Knight complain that things are much amiss, when in the times of the light of Learning, and Religion reform hath in great measure flourished among us, but of late been so defaced and deformed, that it is lamentable to report more of it; the Enormities being so great and scandalous, that unless the King's Majesty out of his singular piety and wisdom, do resume the ancient Jurisdiction of his Crown— Who only hath the proper power, and authority to reform and correct all manner of Heresies, Schisms, Abuses, Offences, Contempts, and Enormity—] as are the express words of the Statute, 1, Eliz. as they are recited and enforced, by Lord Coke 4. Instit. Pag. 325. there can be little hope of Redress, but as the Queen then, did assign and authorize Commissioners to execute this Jurisdiction, so it may be now done; Commissioners may be appointed by the King to perform and execute his power in as full and ample manner, as Queen Elizabeth did, and as Lord Coke saith, it may be done without the help of a Parliament, as the King appointeth Judges, and great Officers in all the Courts in Westminster-hall, without consent of Parliaments. The Learned Lord Herbert in his History of Hen. 8. relating some passages of the King's Reformation of some abuses, affirmeth, that the first fatal blow the English Church received, was, when the Redress of her was referred to the House of Commons: Complaint was made for probate of testaments, and mortuaries, of pluralities, nonresidence, and priests that were farmers of Lands— etc.  
But the King lost, or let go for the present, a principal point of his Supremacy, whereby he might have reform what was fit to be done in these and many the like businesses, without referring to the House of Commons, and we find that they never left off reforming till they have utterly deformed all, and wholly suppressed all Ecclesiastical Law, Courts and Jurisdictions. The King by his Supremacy might have reform and prescribed Laws, for probate of Wills, nonresidence, pluralities, and many more such matters; the Concurrence of the Metropolitan had been sufficient to regulate such matters, according to the Laws Ecclesiastical; for there are Laws Ecclesiastical in this Kingdom as well as Temporal, and as ancient and fundamental as any part of the Common Law, and therefore fit to be duly kept and observed. Linwood doth gloss upon the Constitutions made by the Archbishops of Canterbury, which are accepted for good Laws by the Common Lawyers in Ecclesiastical matters: and so there are also Constitutions for the province of York, and the Northern parts, all which are allowed for good Laws Ecclesiastical by those that are truly learned in the Laws.    

Two SPEECHES spoken in the House of Lords, by the Lord Viscount Newarke. The first concerning the right of BISHOPS to sit and vote in Parliament, May 21. 1641.  

MY LORDS,  
I Shall take the boldness to speak a word or two upon this subject, first as it is in itself, then as it is in the consequence: For the former, I think he is a great stranger in Antiquity, that is not well acquainted with that of their sitting here, they have done thus and in this manner almost since the conquest, and by the same power and the same right as the other Peers did, and your Lordships now do; and to be put from this their due, so much their due, by so many hundred years strengthened and confirmed, and that without any offence, nay, pretence of any, seems to me to be very severe: if it be jus, I dare boldly say it is summum. That this hinders their Ecclesiastical vocation, an argument I hear much of, hath in my apprehension more of shadow then substance in it●: if this be a reason, sure I am, it might have been one six hundred years ago.  
A Bishop, my Lords, is not so circumscribed within the circumference of his Diocese, that his sometimes absence can be termed, no not in the most strict sense, a neglect or hindrance of his duty, no more than that of a Lieutenant from his County, they both have their subordinate Ministers, upon which their influences fall, though the distance be remote.  
Besides, my Lords, the lesser must yield to the greater good; to make wholesome and good Laws for the happy and well regulating of Church and Commonwealth, is certainly more advantageous to both, than the want of the personal execution of their office, and that but once in three years, and then peradventure but a month or two, can be prejudicial to either. I will go no further to prove this, which so long experience hath done so fully, so demonstratively.  
And now my Lords, by your Lordship's good leave, I shall speak to the consequence as it reflects both on your Lordships, and my Lords the Bishops, Dangers and inconveniences are ever best prevented elonginqu●, this precedent come near to your Lordships, and such a one, that mutato nomine de vobis. Pretences are never wanting, nay, sometimes the greatest evils appear in the most fair and specious outsides, witness the Shipmoney, the most abominable, the most illegal thing that ever was, and yet this was painted over with colour of the Law; what Bench is secure, if to allege, be to convince; and which of your Lordships can say then he shall continue a member of this House, when at one blow twenty six are cut off. It than behoves the Neighbour to look about him cum proximus ardet Ucalegon.  
And for the Bishops, my Lords, in what condition will you leave them? The House of Commons represents the meanest person, so did the Master his Slave, but they have none to do so much for them; and what justice can tie them to the observation of those laws, to whose constitution they give no consent, the wisdom of former times gave proxies unto this House merely upon this ground, that every one might have a hand in the making of that which he had an obligation to obey: This House could not represent, therefore proxies in room of persons were most justly allowed.  
And now my Lords, before I conclude, I beseech your Lordships to cast your eyes upon the Church, which I know is most dear and tender to your Lordships, you will see her suffer in her most principal members, and deprived of that honour which here and throughout all the Christian world ever since Christianity she constantly hath enjoyed; for what Nation or Kingdom is there in whose great and public Assemblies, and that from her beginning, she had not some of hers, if I may not say as essential, I am sure I may say as integral parts thereof: And truly my Lords, Christianity cannot alone boast of this, or challenge it only as hers, even Heathenism claims an equal share.  
I never read of any of them, Civil or Barbarous, that gave not thus much to their Religion, so that it seems to me to have no other original to flow from no other spring, than Nature herself.  
But I have done, and will trouble your Lordships no longer; how it may stand with the honour and justice of this House to pass this Bill, I most humbly submit unto your Lordships, the most proper and only Judges of them both.   

The Second SPEECH about the Lawfulness and Conveniency of their intermeddling in Temporal Affairs.  
MY LORDS,  
I Shall not speak to the preamble of the Bill, that Bishops and Clergy men ought not to intermeddle in temporal Affairs. For truly My Lords, I cannot bring it under any respect to be spoken of. Aught is a word of Relation, and must either refer to humane or divine Law: To prove the lawfulness of their intermeddling by the former, would be to no more purpose, then to labour to convince that by reason, which is evident to sense. It is by all acknowledged, The unlawfulness by the latter, the Bill by no means admits of, for it excepts Universities and such persons as shall have honour descend upon them. And your Lordships know, that circumstance and chance alter not the nature and essence of a thing, nor can except any particular from an universal proposition by God himself delivered. I will therefore take these two as granted, first, that they ought by our Law to intermeddle in temporal affairs, Secondly that from doing so they are not inhibited by the Law of God, it leaves it at least as a thing indifferent. And now my Lords, to apply myself to the business of the day, I shall consider the conveniency and that in the several habitudes thereof, but, very briefly; first in that which it hath to them merely as men, qua tales, then as parts of the Commonwealth, Thirdly, from the best manner 〈◊〉 constituting Laws, and lastly from the practice of all 〈◊〉 both Christian and Heathen.  
Homo sum, nihil humanum á me alienum puto, was indeed the saying of the Comedian, but it might well have becomed the mouth of the greatest Philosopher. We allow to sense all the works and operations of sense, and shall we restrain reason? Must only man be hindered from his proper actions? They are most fit to do reasonable things that are most reasonable. For Science commonly is accompanied with conscience; So is not ignorance: They seldom or never meet. And why should we take that capacity from them, which God and Nature have so liberally bestowed?  
My Lords, the politic body of the Commonwealth is analogical to the body natural: Every Member in that, contributes something to the preservation of the whole, the superfluity or defect which hinders the performance of that duty, your Lordships know what the philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Nature's sin. And truly my Lords, to be part of the other body, and do nothing beneficial thereunto, cannot fall under a milder term. The Commonwealth subsists by Laws and their Execution: and they that have neither head in the making not hand in the executing of them, confer not to any thing the being or well being thereof. And can such be called Members unless most unprofitable ones? only fruges consumere nati.  
Me thinks it springs from Nature itself, or the very depths of Justice, that none should be tied by other laws than himself makes; for what more natural or just, then to be bound only by his own consent? to be ruled by another's will, is merely tyrannical. Nature there suffers violence, and man degenerates to beast. The most flourishing estates were ever governed by Laws of an universal constitution; witness this our Kingdom, witness Senatus Populusque Romanus, the most glorious Commonwealth that ever was, and those many others in Greece and elsewhere of eternal memory.  
Some things, my Lords, are so evident in themselves that they are difficult in their proofs. Amongst them I ●●ckon this Conveniency I have spoken of: I will therefore 〈◊〉 but a word or two more in this way. The long experien●●▪ that all Christendom hath had hereof for these 1300. years, is certainly, argumentum ad hominem. Nay my Lords I will go further (for the same reason runs through all Religions) never was there any Nation that employed not their religious men in the greatest affairs. But to come to the business that now lies before your Lordships, Bishops have voted here ever since Parliaments began, and long before were employed in the public. The good they have done, your Lordships all well know, and at this day enjoy: For this I hope ye will not put them out, nor for the evil they may do, which yet your Lordships do not know, and I am confident never shall suffer. A position ought not to be destroyed by a supposition, & à pass ad esse non valet consequentia. My Lords I have done with proving of this positively, I shall now by your good favours do it negatively, in answering some inconveniencies that may seem to arise.  
For the Text, 
Object. 1.  [No man that wars entangles himself with the affairs of this life] which is the full sense of the word both in Greek and Latin, it makes not at all against them, except to intermeddle and entangle be terms equivalent. Besides my Lords, though this was directed to a Churchman, yet it is of a general nature, and reaches to all, Clergy and Laity, as the most learned and best expositors unanimously do agree. To end this, Argumentum symbolicum non est argumentativum.  
It may be said that it is inconsistent with a spiritual vocation; 
Object. 2.  truly my Lords, Grace and Nature are in some respects incompossible, but in some others most harmoniously agree, it perfects nature and raiseth it to a height above the common altitude, and makes it most fit for those great works of God himself, to make laws, to do Justice. There is then no inconsistency between themselves, it must arise out of Scripture, I am confident it doth not formally out of any place there, nor did I ever meet with any learned Writer of these or other times that so expounded any Text.  
But though in strict terms this be not inconsistent, yet i● may peradventure hinder the duty of their other calling. My Lords; there is not any that sits here, more for preaching than I am. I know it is the ordinary means to salvation, yet, I likewise know, there is not that full necessity of it as was in the primitive times. God defend that 1600. years' acquaintance should make the Gospel of Christ no better known unto us. Neither, my Lords, doth their office merely and wholly consist in preaching, but partly in that, partly in praying and administering the blessed Sacraments, in a godly and exemplary life, in wholesome admonitions, in exhortations to virtue, dehortations from vice, & partly in easing the burdened conscience. These my Lords, complete the office of a Church man. Nor are they altogether tied to time or place, though I confess they are most properly exercised within their own verge, except upon good occasion, nor then the omission of some can be termed the breach of them all. I must add one more an essential one, the very form of Episcopacy that distinguisheth it from the inferior Ministry, the orderly and good government of the Church; and how many of these, I am sure not the last, My Lords is interrupted by there sitting here, once in 3. years, and then peradventure but a very short time: And can there be a greater occasion than the common good of the Church and State? I will tell your Lordships what the great and good Emperor Constantine did in his expedition against the Persians, he had his Bishops with him whom he consulted about his military affairs, as ●uscbius has it in h●s life, lib. 4. c. 56.  
Reward and punishment are the greatest negotiators in all worldly businesses; 
Object. 4.  these may be said to make the Bishops swim against the stream of their consciences, and may not the same be said of the Laity? Have these no operations, but only upon them? Has the King neither ●rown, honour nor offices, but only for Bishops? Is there nothing that answers their translations? Indeed my Lords, I must needs say that in charity, it is a supposition not to be supposed; no, nor in reason, that they will go against the light of their understanding. The holiness of their calling, their knowledge, their freedom from passions and affections to which youth is very obnoxious, their vicinity to the Gates of death, which, though not shut to any, yet always stand wide open to old age: these my Lords, will surely make them steer aright.  
But of matter of fact there is no disputation, 
Object. 5.  some of them have done ill, crimine ab uno discant omnes is a poetical not a logical argument. Some of the Judges have done so, some of the Magistrates, and Officers; and shall there be therefore neither Judge, Magistrate nor officer more? A personal crime goes not beyond the person that commits it, nor can another's fault be mine offence. If they have contracted any fil●h or corruption through their own or the vice of the times, cleanse and purge them throughly. But still remember the great difference between reformation and extirpation. And be pleased to think of your Triennial Bill which will save you this labour for the time to come; fear of punishment will keep them in order, if they should not themselves through the love of virtue. I have now my Lords, according 〈◊〉 my poor ability both showed the conveniencies, and answered those inconveniencies, that seem to make against them. I should now propose those that make for them, as their falling into a condition worse than slaves, not represented by any; and then he dangers and inconveniencies that may happen to your Lordships; but I have done this heretofore, and will not offer your Lordship's Cram●en bis coctam.  
FINIS.