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and proceed to other Things that are very clear, as I con- Anno 33 Car.II. ceive.

My Lord Coke in the fecond Part of his Inftitutes, the firft Chapter, treating of Magna Charta, when he reckons up the Privileges of the Church, he tells us, that Clergymen shall not be elected or have to do in fecular Office; and therefore he tells us, that they are discharged of fuch and fuch Burdens that Lay-Perfons were fubject to; and good reafon it fhould be fo, that they might with greater Eafe and Security attend the Bufinefs of their Function, that is, to govern and inftruct the Church: But whether they had thefe Immunities granted them, that they might study the Pleas of the Crown and Law-Cafes, or elfe that they might apply themselves to the Work of the Miniftry, let any Man judge; for, faith he, Nemo militans Deo, implicet fe negotiis fecularibus: And if to fit and judge in Cafe of Blood be not a fecular Matter, I have no more to fay; and I hope my Lord Coke's Authority will be allowed.

'And because as, I conceive, that my Lord Coke's Authority may pafs mufter in this Point; I will offer fome Things out of him, that will make it evident that the Bifhops are only Lords of Parliament, and not Peers; and if fo, it is against the Law of England for them to fit and judge upon any Peer for his Life; for the Law fays, that every Man fhall be tried by his Peers.

In the fecond Part of his Inftitutes, the firft Chapter, he tells us, that every Archbishop that holds of the King per Baroniam, and called by Writ to Parliament, is a Lord of Parliament: But in the 14th Chapter, when he reckons up who are Pares in the Lords Houfe, he fays not a word of the Bishops, but repeats all the other Degrees of Lords, as Dukes, &c. And without doubt he would not have made fo great an Omission, if the Bishops ought to have been taken into the Number.

Befides this, if the Bishops be Pares, how comes it to pafs that an Act of Parliament fhall be good to which their Confent is not had, paffed by the King, Lords Temporal, and Commons? But it was never allowed for an Act of Parliament where the Lords Temporal had not given their Vote: And for Proof hereof fee my Lord Coke, in his chap. De Afportatis Religioforum, where he gives you feveral Inftances of Acts of Parliament that paffed and the Bishops absent.

But then in the third Part of his Inftitutes he there puts the Matter out of all Controverfy, and fhews that Bihops are to be tried by Commoners; for, fays he, in the fecond Chap. treating of Petty-Treafon, None fhall be tried by his Peers, but only fuch as fit there ratione Nobilitatis, as TOME II

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Dukes,

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Anno 33 Car.II. Dukes, &c. and reckons the several Degrees; and not fuch as are Lords of Parliament ratione Baroniarum, quas tenent in jure ccclefie, as Archbishops, and Bishops, and formerly Abbots and Priors: But they (faith he) fhall be tried by the Country, that is, by the Free-holders, for that they are not of the Degree of Nobility. So that with fubmiffion this is as clear as any thing in the world.

If the Point be fo clear that the Bishops may vote in Cafe of Blood, it would do well that fome Precedents were produced, by which it might appear that they have ever done it, at least that they have made ufe of it in fuch Times when the Nation was in quiet, and Matters were carried fairly; for Inftances from times of Confufion or Rebellion, help rather to pull down than fupport a Caufe: But my Lord Coke, in his chap. (that I mentioned even now) De Afportatis Religioforum, gives you feveral Precedents where the Bishops when capital Matters were to be debated in the Lords Houfe withdrew themselves, particularly 2 of Rich. II. the Archbishop of Canterbury made a folemn Proteftation in the Parliament for himself and the Clergy of his Province, for that Matters of Treafon were to be entreated of, whereat by the Canonical-Law they ought not to be prefent, they therefore absented themselves.

But in regard I have hitherto vouch'd my Lord Coke for what I have faid, I defire that it may be obferved, that he wrote fince the Reformation, and what was Law when he wrote is Law at this Day, unless it be changed by fome Act of Parliament made since; and therefore he that denies my Lord Coke to have written Law, muft produce fome Act of Parliament, whereby it does appear that the Law is altered fince his Time. Befides this, the Bishops and other Clergy were called to Parliament very uncertainly, fometimes more, fometimes fewer, and fometimes none at all, as it was in Edw. I's Time.

Therefore feeing the Cafe to be thus, That the Bishops are not Peers, but only Lords of Parliament; That an Act of Parliament is good though they be abfent; That they are to be tried by Commoners; and that when capital Matters were to be debated, they have withdrawn themselves, declaring at the fame time, that they ought not to have to do in fuch things; and alfo that they have not fo abfolute a Right to fit and vote in the Houfe as the Temporal Lords have, because they are called to Parliament fo uncertainly; I shall be glad to hear what can be faid to make their Right unquestionable: But if all this were fet afide, yet it remains on their part to prove that they have fat in Judgment upon the Peers. I am apt to believe, they will be hardly pur to it to produce any Precedent out of good

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Times, when the Nation was in quiet, and the Law had its Anno 33 Car.II. Courfe; nay, I think they can scarcely find any, that the Proceedings of that Parliament when it was done, were not repealed by Act of Parliament, and ftand fo at this Day: And I should also be glad to fee, that when a Peer has been tried out of Parliament, that any Bishop was ever nominated to fit upon that Lord accufed; for out of Parliament, if a Peer be tried for his Life, it is by a select number named by the King; and if the Bishops have Right to fit and vote upon the Peers, it is ftrange methinks that there is not any instance to be found, where the Bishops or any of them have been named to judge a Lord out of Parliament. Now the Reason (as I conceive) how this comes to pass is, because it was ne ver known that a Bishop was tried by the Lords out of Parliament, and therefore they cannot try a Lord out of Parliament, because they are not Peers; for the Lords have never tried any Bishop but in Parliament, and that was always upon Impeachments, and not otherwife: And upon an Impeachment they may try other Commoners as well as Bishops.

Befides this it is plain, that the Clergy, even in the time of Popery, would not have to do with blood in any cafe whatfoever: For when they engroffed all Offices and Places of Honour or Profit, you fall not find any Bishop that was Lord Chief Juftice of the King's-Bench, or Judge of any Court where mens Lives were to be meddled with; and the Clergy were not fo ignorant or backward in their intereft, as to let flip fuch profitable places, had it fuited with their function.'

I have often confidered with myself, what it is that has induced fo many of the temporal Lords to contend for the Bifhops in this cafe: I cannot perceive but that it is against themselves that they ftrive; for without doubt, the fewer the temporal Lords are, the more confiderable they are; and why they should strive to make themselves lefs, I cannot comprehend; neither can any reafon be affigned, but that which is obvious to every man's thoughts, That there is fome fecret power that governs their Lordships in this affair: But without doubt this powerful hand would not be able to turn the scales fo very much, if Nobility had been bestowed only on fuch as deferved honour. But when Intereft prevails above Merit, no wonder that a word or a look do command fo abfolutely; and yet there is this to be faid for the Lords Houfe, that there are a great many Lords who retain the worth and honour of their Ancestors: That notwithstanding being frowned upon, difplaced, and all poffible difcourage ments, yet have they fhewed themselves to be men of Englifh principles; that they will ferve the King as English men, but will not give up any of their juft Rights to pleafe him.

If the Bishops had never fo clear a Right in this matter, yet it is to be confidered, whatever Right they have, that

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Anno 33 Car. II. it was gained in the times of Superftition and Blindness, when the Clergy ufurped and lorded it over the Nation; and therefore in regard that England has now recovered its eyefight and understanding, they are very unthankful if they do not reduce every thing to its proper ftation: And if the Bishops are prohibited by a Law not to vote in cafe of Blood, or are abridged in any other matter where the intereft of the King and People require; yet the Church is not prejudiced, for my Lord Coke tells us in the fecond part of his Inftitutes; Nec debit dici in præjudicium ecclefiae libertatis, quod pro rege, & reipublicæ neceffarium invenitur: And whether it be not for the intereft of the King and People, that the Bifhops fhall not vote in cafe of Blood, I fubmit to any man that wishes well to England.

liament.

• Now I would fain be fatisfied why our Bifhops are more forward to have to do in cafe of Blood, than the Bishops and Clergy in the time of popery; it's plain they always declined it; but ours will adventure a Kingdom upon it: It's true they will withdraw upon the trial of the five popifh Lords, but they will not upon trial of my Lord Danby's pardon; yet thus far they condefcend, that when Judgment is to be pronounced, they will withdraw: very well. First, it is confeffed on all hands, that if my Lord Danby's pardon do not hold good, he dies for it: And next, I would willingly understand the difference in this cafe, when a Man is tried for his life before feveral Judges, and all of them, though he is innocent, refolve that he fhall be pronounced guilty, but they withdraw themselves, and leave one of their Brethren to pass the fentence: Now the question is, whether the reft that were abfent are not as guilty of fhedding innocent Blood, as he who pronounced the fentence: And fo on the contrary, for any other thing whatever: And whether this does not reach the cafe in hand I humbly fubmit. But the truth of the matter is, the Bishops do know, that if my Lord Danby's Pardon be allowed, then arbitrary Power comes in: And then will be, their harvest, and here's the short and long of the Cafe: And therefore the Parliament must never yield that the Bishops fhall vote in cafe of Blood; for the confequence of it will be to alter the very Frame of our Government, and curfed be he that removes his neighbour's Landmark.'

Against PenWithout doubt the last Parliament had great matters in fioners in Par- agitation, and the Enquiry they made about the Pensioners of the preceding Parliament was no fmall one, but rather one of the chief things they had in hand; for had they been permitted to have perfected that, it had been a good recompence for the difappointment which the Nation fuftained in their other expectations, by the fudden prorogation: And

without

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without all queftion, nothing is fitter for the thoughts of a Anno 33 Car.II. Parliament, than to take into Confideration how to punish them that had proved the peft, and had almost (if not altogether) ruined the Nation; and how to prevent the like mifchief for the future.

The Name of a Penfioner is very diftafteful to every English Spirit; and all those who were Penfioners I think are fufficiently defpifed by their Countrymen: And therefore I will mention only two or three things that will lie at their doors, before I offer my advice what is to be done.

• Breach of Truft is accounted the most infamous thing in the World, and this thefe Men were guilty of to the higheft degree; robbery and ftealing our Law punishes with Death, and what deferve they who beggar and take away all that the Nation has, under the pretence of difpofing of the People's Money for the honour and good of the King and Kingdom? And if there were nothing more than this to be faid, without. doubt they deserve a high cenfure.

Befides the giving away fuch vaft fums, without any colour or reasonable pretence; there is this great mischief will follow upon it: Every Man very well knows that it has put the King into an extraordinary way of expence: And therefore when he has not fuch great Supplies, it muft of neceffity bring the King into great want and need: And fhall not only give him an ill opinion of all Parliaments, that do not fupply him fo extravagantly, but perhaps put him to think of ways to get Money that otherwife would never have entered into his thoughts; fo that whatever ill may happen of this fort, thefe Penfioners are anfwerable for it.

Farthermore, they have laid us open to all our Enemies; whoever will invade, may not doubt to fubdue us: For they have taken from us the Sinews of War, that is Money and Courage; all our Money is gone, and they have exhausted the Treasure of the Nation, and when People are poor, their Spirits are low, fo that we are left without a Defence; and who muft we thank for bringing us into this despicable Condition, but thefe Gentlemen, who notwithstanding this had the face to ftile themselves the King's friends, and all thofe who oppofed their practices were factious and feditious. They had brought it to that pafs, that Debates could not be free; if a Gentleman's Tongue happen to lie a little awry in his Mouth, presently he must be called to the Bar; or if that would not do, whenfoever any Gentleman that had a true English Spirit happened to fay any thing that was bold, prefently away to feek the King and tell him of it; and oftentimes more than the truth: And thus they endeavoured to beget an ill opinion in the King of his best Subjects: And their practice was the more abominable, because their words

and

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