700 The HISTORY of the PURITANS. Chap. IX. K. Charles I. men that were made juftices of the peace, or had power in temporal ju= 1641 rifdi&ion, were the bithops of Durham and York, 34 Edw. Ill. That erti before the aét of conformity, 't Edw. VI. the clergy were not put in commiffion for the peace ; and that the reafon of their being then ad- mitted was, that they might perfuade the people to conformity ; but if in confcience they held it not confiftent with their fpiritual calling, they might refufe. It was further Paid, that the takingaway one whole bench out of the houfe of peers was an illprecedent, andmight encourage the commons one time or other to cut of the barons, or force other degreeof the nobility. To which it was replied, that the peerage of the bithops did not Rand upon the fame foot with the refs of the nobility, becaufe their honour does not deft cend to their pofterity, and becaufe they have no right to vote in cafes of blood ; if they had the 'fame right of peerage with the temporal lords, no canon of the church coulddeprive them of it ;. for it was n-ever known, that the canons of the church pretended to. deprive the barons of Eng- land of any part of their inherent jurifdiClion. It was argued further, that if the bench of bithops were deprivedof their votes, they would be left under very great difadvantages; for whereas the meanefi commoner is reprfenced in the lower houfi, the bifhopswilt be thrown out of this common benefit ; and if they have no /hare in contenting to the laws, neither in their perfons nor reprefentatives, what jo/lice can oblige them to keep thofi laws? Towhich it was replied, that they have the fame flare in the legiflature with the reft of the freeholders of England ; nor is there any more reafon that the bithops, as bithops, fhould be a part of the legiflature,, than the judges, or the lawyers, as fuch,,or any other incorporated profeflion of learned men.. Whether u- But the principal argument that was urged in favour of the bithops Jhops are one was, that they were one of the three fates inparliament; that as filch they of late1 Apr- were they reprefentatives of the whole body of the clergy, and therefore to Gament, . turn them out would be to alter the conjlitution, and to take away one- whole -branch of the legfature : The parliament would not then be the eompleat reprefentative body of the nation, nor would the laws which were enabled in their abfence be 'valid. To fuppore this affertion.it was laid,. (a.) That the clergy in all other chriflrian kingdoms of thefe northern parts, make up a. third fate,- as in Germany, France, Spain, Foland, Denmark, Scotland; and therefore, why not in England? (z.) When king Henry V. was buried, it is faid, the three eftates affembled; and declared his fon HenryVI. his fuccefhor. The petition toRichard duke of Gloucejier, to accept the crown, runs in the name of the threeOates; and in his parliament it is faid exprefsly, that at the requefi of the three fates,. i, e..the lords fpiritual and temporal, and commons in parliament affem- bleda,
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