peace did belong to them at all; and I believe wherein Alexander Severus had not more inthat such a thing is to be found amongst the terest than every true-born Englishman. No notes of the privileges of this house: but first forty shillings man in England but doth in peryou must remember, that it was in a great storm, son, or representation, enjoy this freedom and and when the waters were much troubled, and liberty. The prelates of this kingdom, as a the wild people unapt to be kept in order by looking-glass and representation of the clergy, mitres and crosier-staves: but yet if the noble (a third estate, if we may speak either with sir lord, who urged this argument, shall be pleased Edw. Coke, or antient acts of parliament) have to cast his eye upon the roll itself, he shall find been in possession hereof these 1000 years that this poor excuse did not serve the prelates and upwards. The princes of the Norman turns; for they were compelled, with a witness, | race, for their own ends, and to strengthen to defend the preservation of the peace of the themselves with men and money, erected the kingdom, for their part, as well as the noble- bishopricks, soon after the conquest, into bamen and gentry; and you shall find the ordi- ronies, and left them to sit in that house with nance to this effect set down upon that roll. I their double capacities about them; the latter, conclude, therefore, that the sweeping of all invented for the benefit of the prince, not exthe clergy out of temporal offices, is a motion cluding the former, but remaining always, from of the first impression, and was never heard of the beginning, for the profit of the state ecclein the English commonwealth, before this bill. siastical; which appears, not only by the Saxon -I come, in the 3rd place, to the main part laws set forth by Mr. Lambard and sir H. of this cause, the things to be severed from all Spelman, but also by the bishops writs and men in Holy Orders, which are, as I told you, summons to parliament, in use to this very of three kinds. 1. Matters of freehold; as day.-We have many precedents upon the the bishop's votes in parliament and legislative rolls, that in vacancy of episcopal sees, the power. 2. Matters of favour; as, to be a guardian of the spirituals, though but a simple Judge in the Star-Chamber, to be a privy-coun- priest, hath been called to sit in this honoursellor, to be a justice of peace, or a commis-able house, by reason of that former represensioner in any temporal affairs. 3. and mixt tation; and such an officer I was myself over Matters of Freehold and Favour too; as the that see (whereof I am bishop) some 25 years Charters of some Bishops, and many of the ago; and might then have been summoned by antient Cathedrals of this kingdom, who writ unto this house, at that very time, by allow them a justice or two within themselves, reason of the spirituality of that diocese, which or their close, as they call it; and exempt then I did, by virtue of the aforesaid office, rethose grave and learned men from the rude- present.-Most noble lords, look upon the ark pess and insolency of tapsters, brewers, inn- of God representative, that at this time floats keepers, taylors, and shoe-makers, which do in great danger, in this deluge of waters: if integrate and make up the bodies of our coun- there be any Cham, or unclean creature theretry cities and incorporations. But now is the in, out with him, and let every man bear his own axe laid to the very root of the ecclesiastical burthen; but save the ark, for God and Christ tree; and, without your lordships justice and Jesus his sake, who hath built it in this kingfavour, all the branches are to be lopt off quite, dom, for saving of the people. And your lordwith these latter clauses; the stock and root ships are too wise to conceive that the word itself is to be que grubbed and digged up, by and sacraments, the means of our salvation, that first point of abolishing all votes and legis- will be ever effectually received from those lative power in all clergymen; leaving them to ministers, whose persons shall be so vilified be no longer any part of the people of Rome, and dejected, as to be made no parcels or but meer slaves and bondmen to all intents and fragments of this commonwealth: No,' saith purposes: thus will the priests of England be Gregory, the last trick the devil had in this one degree inferior to the priests of Jeroboam, world was this, that, when he could not bring being to be accounted worse than the tail of the Word and Sacraments into disgrace by erthe people.--Now I hope no Englishman will rors and heretical opinions, he invented this doubt, but this vote and representation in par- project, (and much applauded his wit therein) liament is not only a freehold, but the greatest by casting slight and contempt upon the freehold that any subject in England, or in all preachers and ministers -My noble lords, you the Christian world, can brag of at this day; are too wise to believe what the common peothat we live under a king, and are to be go-ple talk, that we have a vote in the clection of verned by his laws; that is, not by his arbi-knights and burgesses, and, consequently, some trary 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 geDius of Magn. Charta; and without this one spirit, that great statute is little less than litera 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

VOL. II.

figure and representation in the house of commons. They of the ministry have no vote in these elections, they have no representation in that house; and these c ntrary assertions are so slight and groundless, as I will not offer to give them any answer: and therefore, my 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

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give way, that our nobility shall be taught heavy lead that hangs upon these wires. It is henceforth, as the Romans were, in the time thus, Ifa natural subject of England, interested of the first and second Punick wars, by their in Magna Charta, and the Petition of Right, slaves and bond-men only; and that the as well as any other, yet being a person in church of God, in this island, may come to Holy Orders, shall happen unfortunately to be served by the most ignoble ministers that vote in parliament; to obey his prince, by way ever have been scen in the Christian church, of council; or, by way of commissioner, be since the passion of our Saviour.-The next required thereunto; then is he presently to thing to be severed from persons in Holy Or- lose and forfeit, for his first offence, all bis ders by this bill, is of a much baser metal and means and livelihood for one year; and, for alloy,Sitting in the Star-Chamber, Sitting the second, to forfeit his freehold, in that kind, at Council-Table, Sitting in Commissions of for ever and ever. I do not believe that your the Peace, and other Commissions of Secular lordships ever saw such an heavy weight of Affairs. These are such favours and graces censure hang upon such thin wires of reasons, of Christian princes, as the church may have in any act of parliament made heretofore. a being and subsistence without them: the This, peradventure, may move others most, fortunes of our Greece do not depend upon but it does not me. It is not the penalty, but these spangles; and the sovereign prince hath the incapacity, and, as the philosophers call it, imparted and withdrawn these kind of favours, the natural impotency, imposed by this bill on without the envy or regret of any wise eccle- men in Holy Orders, to serve the king or the siastical persons. But, my noble lords, this is state in this kind, be they otherwise never so the case; our king hath, by the statute, re- able, never so willing, nor never so virtuous; stored unto him the headship of the church of which makes me draw a kind of Timanthes's England; and, by the word of God, he is Veil over this point, and leave it, without any Custos utriusque tabulæ and will your lord- amplification at all, unto your lordships wise ships allow this ecclesiastical head, "no eccle- and inward thoughts and considerations.-The siastical senses at all? No ecclesiastical per- fifth point is the Salvo' made for the two son to be consulted withal, not in any circum- Universities, to have justices of the peace stances of time and place? If Cranmer had amongst them of their own heads of houses; been thus dealt withal, in the minority of our which I confess to be done upon mature and young Josias, king Edward 6. of pious memory, just consideration: for, otherwise, the scholars what had become of that great work of our must have gone for justice to those parties to reformation, in this flourishing church of Eng-whom they go for their mastard and vinegar: land? But I know before whom I speak. I but yet, under favour, the reasons and inducedo not mean to dine your lordships with cole- ments cannot be stronger, than may be found worts: the harsh consequences of this point out for other ecclesiastical persons; as the biyour lordships do understand as well as I.— | shop of Durham, who was, ever since the days The last robe that some persons, in Holy Or- of king John, suffered by the princes and par ders, are to be stript of, hath a kind of mix-liaments of England, to exercise justice upon ture of freehold and favour; proper right, and the parties in those parts, as being in troth of the graces of the king. These are certain the king's subjects, but the bishops tenants; old Charters, that some few Bishops, and and therefore not likely to have their causes many antient and Cathedral Churches have more duly weighed, than when the balance is purchased or procured from the antient kings, left in the hand of their own proper landlords. before and since the Conquest, to enable them The case of the bishop of Ely, for some parts to live quiet in their own precincts and close of that isle, is not much different; but, if a (as they call it) under a justice or two of their little partiality doth not herein cast some mist own body, without being abandoned, upon before mine eyes, the case of the dean and every slight occasion, to the injuries and vexa- city of Westminster, where this parliament is tions of mechanical tradesmen; of which, your now sitting, is far more considerable, both in lordships best know these country incorpora- the antiquity, extent of jurisdiction, and the tions do most consist. Now, whether these warrants whereupon it is grounded, than any few charters have their foundation by favour one of those places before-mentioned: for or by right, I should conceive, it is neither fa- there is a clear statute made, in 27 Eliz. for Your nor right to take them away, without the drawing all Westminster, St. Clement's, some just crime objected and proved: for, if and St. Martin's le Grand, London, into a corthey be abused in any particular, Mr. Attorney poration, to be ruled by a dean, a steward, 19 General can find an ordinary remedy to repair burgesses, and 12 assistants. And if some the same by a writ of Ad quod danruum, with- salve, or plaister, shall not be applied unto out troubling of the two houses of parliament. Westminster in this point, all that government -And now I come to the fourth part of this and corporation is at an end: but this I perbill, which is the Manner of Inhibition; ceive, since, is taken into consideration by the heavy every way, heavy in the penalty, heavier house of commons themselves.-I come now to a great deal in the incapacity, the most weigh the last point, and the second ‘Salvo' of this ing of all penalties. Will you consider, I be- bill; which is for dukes, marquisses, earls, visseech you, the small wires, that is, poor causes, counts, barons, or peers of this kingdom, which that are to induce the same, and then the is a clause that looks with a kind of contrary

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 oki 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 made in the 11th, and another in the 21st Rd. 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, chap. xii. 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? V. 20. But now are they many members, yet but one body. V. 21. 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.'

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 ignobiuty 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 horn? Then, surely, it must be granted that the rest must be excluded, as being made of a rougher and baser piece of clay: for the second part of this reason, in the 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, than in a nobleman; 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.' 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 other 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 Beræa, compared with those of Thessalonica, in the 7th of the Acts of the Apostles: so that this Salvo for the nobility must needs be, a secret wound unto the rest of The Lord Say and Sele spoke in answer, as the ministry; unless your lordships, by your follows: My lords; I shall not need to begreat wisdom, would be willing to change it into a gin as high as Adam, in answer to what hath panarea and common plaister, both to the one been drawn down from thence, by a bishop, and the other; and, I conceive it may be done concerning this question; for that which is upon a very forcing argument. The office of pertinent to it will only be what concerns the ministry is of equal importance, and takes bishops, as they are ministers of the gospel; up the whole man and all his best endeavours | what was before, being of another nature, can in the noble-born, as well as in the mean-born give no rule to this. The question that will minister: but, if it is lawful, all this notwith- | lie before your lordships in passing of this bill, standing, for the noble-born ininisters to intermeddle with secular affairs; is it not likewise lawful for the mean-born so to do? In my conscience I speak it, in the presence of God and your lordships, it is most lawful for them to intermeddle with secular affairs; if they be not so intangled, as the Apos le 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; but for them to make provision of meat and drink, as Beza interprets the place, it is not lawful for them to be thus intangled and bound up with secular affairs.-And thus, my noble lords, I shall, without any further molestation, and with humble thanks for your great patience, leave this great cause of the church to your lordships 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

is not, Whether episcopacy (I mean this hierar chical episcopacy which the world now holds forth to us) shall be taken away root and branch; but whether those exuberant and superfluous branches, which draw away the sap from the tree, and divert it from the right and proper use whereby it becomes unfruitful, shall be cut off, as they use to pluck up suckers from the root? The question will be no more but this, Whether bishops shall be reduced to what they were in their first advancement over the presbyters, (which although it were but a human device for the remedy of schism, yet were they in those times least offensive) or continue still, with the addition of such things as their own ambition, and the ignorance and superstition of succeeding times, did add thereunto, and which are now continued for several politic ends: things heteroge ncal, and inconsistent with their calling and function, as they are ministers of the gospel; and thereupon, such as ever have been, and ever will be hurtful to themselves, and make

* Printed for Thomas Underhill, anno 1641.

them burtful to others in the times and places and serve tables.' And again, when they where they are continued; these things, alone, directed their disciples to chuse men fit this bill takes away; that is their offices and that business, they instituted an office for tal places in courts of judicature, and their employ- care of the poor, lest they, by it, should be ments, by obligation of their office, in civil af- tracted from the principal work of their fairs. I shall insist upon this, to shew 1st, how ing; and then shew how they ought to emp things hurt themselves; and, 2dly, how they themselves, But we will give ourselves co these bave made, and ever will make them hurt-nually to prayer, and to the ministry of ful to others. They themselves are hurt thereby Word. Did the Apostles, men of extrao in their consciences and in their credit: in their nary gifts, think it unreasonable for them t consciences, by seeking or admitting things hindered from giving themselves continuall which are inconsistent with that function and preaching the Word and Prayer, by taking e office which God hath set them apart unto. They for the Tables of the poor widows; and are separated unto a special work, and men the bishops now think it reasonable, or las must take heed how they inisemploy things de- for them to contend for sitting at council dicated and set apart to the service of God. ble; to govern states; to turn statesmen inst They are called to preach the Gospel, and set of church-men; to sit in the highest courts apart to the work of the ministry: and the judicature, and to be employed in making Apostle saith, Who is sufficient for these for civil polities and government? If they s things?' shewing that this requireth the whole be thought fit to sit in such places, and man, and all is too little. Therefore, for them undertake such employments, they must to seek, or take, other offices which shall re- sit there as ignorant men, but must be know quire and tie them to employ their time and men in business of state, and understand studies in the affairs of this world, will draw a rules and laws of government; and there guilt upon them, as being inconsistent with both their time and studies must be necessa that which God doth call them and set them diverted from that which God hath called th unto: and this, sure, is much more unlaw for them to adinit of, than that which the ap tles rejected as a distraction unreasonable them to be interrupted by.-The doctrine the apostles is agreeable to their practice he in; for Paul when he instructeth Timothy the work of the ministry, presseth this ar ment from the example of a good soldie No man that warreth, entangleth hims with the affairs of this life.' Hence I conciu that what is, by the commandment of our viour, by the practice and doctrine of the ap ties, and I may add, by the canons of antie councils grounded thereupon, proibited to t ministers of the gospel, and shewed to be su a distraction unto them from their callings an function, as will bring a woe upon them, is n reasonable for them to admit of: and if the shall, notwithstanding, entangle themselv withall, and enter into, it will bring a guilt up on their souls, and hurt them in respect their consciences.--In the next place, it do blemish them, and strike them in their credi So far from truth is that position which the desire to possess the world withall, That u less they may have these outward trappings worldly pop added to the ministry, that ca ling will grow into contempt, and be despied:' for the truth is, these things cast con tempt upon them in the eyes of men; the gain them cap and courtesy, but they hav cast them out of the consciences of men. Th reason of this is plain every thing is esteem ed as it is eminent in its own proper excellen cy; the eye in seeing, not in hearing; the ea in hearing, not in speaking; the one would be rather monstrous than comely; the other i ever acceptable, being proper. So is it with them: their proper excellency is spiritual; the denial of the world, with the pomp and preferments, and employments thereof. This they

apart unto. In this respect our Saviour hath expressly prohibited it, telling his apostles, "That they should not lord it over their brethren, nor exercise jurisdiction over them,' as was used in civil government among the heatbens. These were called gracious lords, and exercised jurisdiction as lords over others; and sure they might lawfully do so: but, to the ministers of the gospel, our Saviour gives this rule, It shall not be so among you?' And, in another place, he saith, He that putteth his hand to the plough, and looketh back' (to the things of this world) is not fit for the kingdom of God; that is the preaching of the gospel, as it is usually called.-To be thus withdrawn by intangling themselves with the affairs of this life, by the necessity and duty of an office received from men, from the discharge of that office which God hath called them unto, brings a woe upon them. Woe unto me,' saith the Apostle, if I preach not the Gospel.' What doth he mean? If I preach not once a quarter, or once a year, in the king's chapel? No; he himself interpreteth it; Preach the Word; be instant, in season and out of season; rebuke, exhort, or instruct, with all long suffering and doctrine.'-He that hath an office must attend upon his office, especially this of the ministry. The practice of the apostles is answerable to the direction and doctrine of our Saviour. There never was, nor will be, men of so great abilities and gifts as they were indued withal; yet they thought it so inconsistent with their callings to take places of judicature in civil matters, and secular affairs and employments upon them, that they would not admit of the care and distraction that a business, far more agreeable to their callings, than these would cast upon them; and they give the reason of it in the 6th of Acts, It is not reason that we should leave the Word of God,

should teach and practice: but when they, case stands with them, it is not likely they will contrary hercunto, seck after a worldly excel- lay aside their hopes, greater bishopricks being lency, like the great men of the world, and to still in expectancy: And for their fears, they rule and domineer as they do, contrary to our cannot lay them down, since their places and Saviour's precept, It shall not be so amongst seats in parliament are not invested in them you'; instead of honour and esteem they have by blood, and so hereditary; but by annexation brought upon themselves, in the hearts of the of a barony to their office, and depending upon people, that contempt and odium which they that office; so that they may be deprived of now lie under: and that justly and necessarily, their office, and thereby of their places, at the because the world seeth that they prefer a king's pleasure. They do not so much as sit worldly excellency, and run after it, and con- here dum bene se gesserint, as the judges now, tend for it, before their own; which being spi- by your lordships Petition to the king, (See ritual, is far more excellent; and which, being p. 702), have their places granted them; but at proper to the ministry, is that alone which will will and pleasure: And therefore, as they were put a value and esteein upon them that are of all excluded by Edw 1. as long as he pleased, that calling.—As these things hurt themselves and laws made excluso clero; so may they be in their consciences and credit, so have they by any king, at his pleasure in like manner. made, and, if they be continued, still will make They must needs, therefore, be in an absolute them hurtful to others: the reason is, because dependency upon the crown, and thereby at they break out of their own orb, and move ir devotion for their votes; which how prejudicial regularly, there is a curse upon their leaving of it hath been, and will be, to this house, I need their own place. The heavenly bodies, while not say. I have now shewed your lordships they keep within their own spheres, give light how hurtful to themselves and others these and comfort to the world; but if they should things, which this bill would take away, have break out, and fall from their regular and pro- been. I will only answer some Objections per motions, they would set the world on fire: which I have met witball, and then crave your so have these done. While they kept themselves pardon for troubling you so long. Obj. 1. It to the work of their ministry alone, and gave will be said that they have been very antient. themselves to prayer, and the ministry of the 2. That they are established by law. 3. That word, according to the example of the Apos- it may be an infringment to the privileges of tles, the world received the greatest benefits the house of peers, for the house of commons by them; they were the light and life thereof: to send up a bill to take away some of their but when their ambition cast them down, like members. To these 3 Objections the Answers stars from heaven to earth, and they did grow, will be easy. To the 1st; Antiquity is no once, to be advanced above their brethren, I good plea: for that which is, by experience, do appeal to all who have been versed in the found to be hurtful, the longer it hath done ancient ecclesiastical stories, or modern histo-burt, the more cause there is now to remove ries, whether they have not been the common it, that it may do so no more: Besides, other incendiaries of the Christian World; never irregularities are as antient which have been ceasing from contention, one with another, thought fit to be redressed; and this is not so about the precedency of their sees and anticat, but that it may truly be said, non fuit churches; excommunicating one another; draw-sic ab initio. 2. For being established by law: ing princes to be parties with them, and thereby casting them into bloody wars. Their ambition, and intermeddling with secular affairs and state business, hath been the cause of shedding | more Christian blood than any thing cise in the Christian world; and this no man can deny that is versed in history. But, we need not go out of our own kingdom for examples of their insolency and cruelty. When they had a dependency upon the Pope and any footing thereby out of the land, there were never any that carried themselves with so much scorn and insolency towards the princes of this kingdom, as they have done: some of these the bishop, that last spake, hath named; but instances of many more may be given, whereof there would be no end.-Although the Pope be cast off, yet now there is another inconvenience, no less prejudicial to the kingdom, by their sitting in this house; and that is, they have such an absolute dependency upon the king that they sit not here as freemen. That which is requisite to freedom, is to be void of hopes and fears. He that can lay down these is a freeman, and will be so in this house: but for the bishops, as the

The law-makers have the same power, and the same charge to alter old laws that are inconvenient, as to make new that are necessary. 3. For privilege of the house: It can be no breach of it; for either estate may propose to other, by way of bill, what they conceive to be for public good; and they have power, respectively, of accepting or refusing.-There are two other Objections which may seem to have more force but they will receive satisfactory Answers. The one is, 'That if they may remove bishops, they will, next time, remove barons and ears. For Answer to this: The reason is not the same; the one sitting by an honour invested in their blood, and hereditary; which though it be in the king to grant alone, yet, being once granted, he cannot take away: The other sitting by a barony depending upon an office which may be taken away; for if they be deprived of their office, they sit not. And their sitting is not so essential, for laws have been, and may be made, they being all excluded; but it can never be shewed, that ever there were laws made by the king and them, the lords and carls excluded. The other Objection is