AN ANSWER To certain PRINTED REASONS For Knights and Burgesses in the County Palatine of Durham.
1. IT hath alwayes been held a special Priviledge belonging to the Bishoprick and Countie-Palatine of Durham, To be Exempt from sending any Knights or Burgesses to sit in Parliament for that County.
2. All the Bishops of Durham, at their first Entrance and Inthronization, take a Solemne Oath to Defend and Preserve all the accustomed Rights, Priviledges, and Immunities (whereof the aforesaid Priviledge and Exemption is One) appertaining to his Bishoprick and Countie-Palatine. And this Oath the Bishop is bound to Observe; nor doth he yet know any Expedient that will free him from it.
3. If any Law should be now Made to take away that Priviledge, it would prove to be a great Innovation, and alter the Condition and Constitution of that Bishoprick.
4. The Election of Knights and Burgesses cannot be made in that County without the King's Writ. But Breve Regis non currit in Comitatu Palatino Dunelmensi: Which is the usuall Returne that the Bishop of Durham maketh to any Writ sent unto him, in case any of his Liberties and Immunities be infringed by it.
5. The City of Durham, and all other Corporations in that County hold their Charters from the Bishop: to the observance of whose Priviledges they are all Sworne, and Bound not to Attempt, or Act any thing to the contrary.
6. This Attempt for Knights and Burgesses was first of all (about fifty three years since) Projected and Made by a few discontented Gentlemen, who sought thereby, as they then threatned, to lessen the Bishops Power in his Courts and Jurisdiction over that County Palatine. But, their Attempt prevailed not at that time, nor ever since, in any Parliaments following to this day. Neither could the King's Royal Progenitors ever be perswaded to give way to any such New Attempt or Innovation.
7. The whole County hath heretofore withstood that Innovation, when it was first begun without the Consent of the Bishop: And in like manner many of the Freeholders and Gentlemen there withstand it now, though some others among them shew themselves vehemently desirous of it, and for the better obtaining of their Purpose, have, by their Agents offered the Bishop for the time being, that he shall have the Nomination of One Knight, and One Burgess, if by Consent an Act of Parliament may be passed for it.
8. There was never yet any Precedent for sending such Knights and Burgesses out of his Bishoprick and Countie-Palatine, but onely in the time of CROMWELL the Ʋsurper, who violently took away the Rights and Priviledges of it, and gave leave to the disloyall and disaffected Party of the Country to choose One Knight, and One Burgess, after the Murther of the late King.
9. The Persons who now labour to set up Knights and Burgesses in this Countie-Palatine (and tell the Bishop that they hope and expect to prevaile in it, whether he will give his confent to it or no) have neither any Right nor any Necessity to do it.
10. For though they pretend to have the same Claim and Right, which all other Countries have in this particular, yet the Prescription, Custome and Practise in this County-Palatine is against them.
11. And whereas they complaine that divers Taxes and Royall-Aides are impos'd upon them in Parliament, without their Consent, having no Knights and Burgesses there to sit and vote for them; Yet this Imposition is no other then hath been alwayes heretofore used, nor hath any Exception till now of late been taken against it, Neither herein do they suffer any Injury or Inconvenience, having had speciall care taken of them in all times by the Bishops of Durham concerning the proportion of their Taxes, whereof (being equally rated with Other Counties, they have no reason to complain:) And having received the Benefit of all other Lawes made for the Kingdome; and in particular the late Law of freeing them from Wardships, when they had no Knights and Burgesses of their Own to speak for them in it, or to give Consent thereunto, as all the rest of the Kingdome did. Add hereunto for further answer to that Objection and Complaint, That divers such Taxes and Impositions are laid upon the Clergy in that Bishoprick and County-Palatine, who have no Representatives admitted to consent and vote for them in Parliament but onely their own Bishop of Durham.
12. But the Bishop of Durham in declining to give his Assent unto the present Desires of some Gentlemen in this Countie-Palatine, who endeavour to make themselves Knights and Burgesses after the Example of the Countie-Palatine of Chester (which is a Case farr different from this of Durham) is tender herein of the Good and Welfare of the County, in saving them much Trouble, Expences and Charges, which might otherwise be brought upon them; and carefull to preserve the Ancient Constitution and Custom of his Bishoprick, and County-Palatine, which He and his Predecessors have held by Prescription for many ages; being well assured, that the People and Inhabitants within this Countie-Palatine do receive a great Benefit, Ease, and Quietness by the Immunities and Priviledges which they continually enjoy there under the Bishop of Durham. Of which Priviledges and Immunities, this is and ever hath been One, to be Exempt from Sending any Knights or Burgesses to Parliament.