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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26154	The rights, powers, and priviledges, of an English convocation, stated and vindicated in answer to a late book of D. Wake's, entituled, The authority of Christian princes over their ecclesiastical synods asserted, &c. and to several other pieces.	Atterbury, Francis, 1662-1732.	1700 (1700)	Wing A4151; ESTC R16535	349,122	574

docto pio fideli in Prolocutorem suum assumendo consultantes unanimiter consentiant eligant sicque electum ipsi R mo in eâdem domo Capitulari prox insequente Sessione debitâ cum solennitate praesentent His dictis descendunt omnes in inferiorem domum ad effectum praedictum Forma Eligendi Praesentandi Prolocutorem SOlet observari ut postquam ingressi fuerint Inferiorem Domum in sedibus se decenter collocent si aliqui ex iis sint Consiliarii sive Sacellan● Regiae Majestatis ut hi superiores sedes occupent atque inde unus ex iis propter dignitatem Reverentiam seu in eorum absentiâ Decanus Ecclesiae Cath. Divi Pauli London sive Archidiac Lond. Presidentis officio in hujusmodi Electione fungatur Atque ut ad hoc ●i●e procedatur primùm jubebit nomina omnium citatorum qui tunc interesse tenentur à dictae inferioris Domûs recitari praeconizari Notatisque absentibus alloquatur praesentes atque eorum sententiam de idoneo procuratore eligendo sciscitetur Et postquam de eo convenerint quod semper quasi statim absque ullo negotio perfici solebat mox conveniant inter se de duobus Eminentioris Ordinis qui dictum electum R mo D o. Cant. in die statuto debitâ cum Reverentiâ Solennitate praesentent Quorum alter sicut cum dies advenerit ipsum Prolocutorem cum Latinâ doctâ oratione praesentare tenetur sic etiam idem praesentatus habitu Doctoratûs indutus consimilem Orationem ad dictum R mum Patrem ac Praelatos caeteros praesentes habere debet Quibus finitis praefatus R mus Oratione Latinâ tam Electores quam Presentatorem Praesentatum pro suâ gratiâ collaudare ac demùm ipsam Electionem suâ Arch. authoritate expresse confirmare approbare non dedignabitur Et statim idem R mus Anglicè si placeat exponere solet ulteri●s beneplaeitum suum hortando Clerum ut de rebus communibus quae Reformatione indigeant consultent referant die statuto Ac ad hunc modum de Sessione in Sessionem continuabitur Convocatio quam diu expedire videbitur ac donec de eâdem dissolvendâ Breve Regium eidem R mo praesentetur Et sciendum est quòd quotiescunque Prolocutor ad praesentiam R mi causâ Convocationis ac Tempore Sessionis ●ccesserit utatur habitu praedicto ac Ianitor sive Virgifer dictae Inferioris Domûs ipsum reverenter antecedat Ejusdem Prolocutoris est etiam monere omnes ne discedant à Civitate London absque Licentiâ R mi Quodque statutis diebus tempestive veniant ad Conv. Quodque salaria Clericorum tam superioris quam Inferioris Domûs Ianitoris Inferioris Domûs juxta ●●tiquam taxationem quatenus eorum quemlibet ●●ncernit fideliter persolvant Synodalia fol 3. XVIII JAMES by the Grace of God See p. 385. c. To the most reverend Father in God our right trusty and well beloved Counsellor Iohn Archbishop of Canterbury of all England Primate and Metropolitan the reverend Fathers in God our trusty and well beloved Richard Bishop of London Anthony Bishop of Chichester and to the rest of our Commissioners for Causes Ecclesiastical Greeting Whereas all such Jurisdictions Rights Priviledges Superiorities and Prehemynences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority have heretofore been or may lawfully be exercised or used for the visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction as well of the same as of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities to the pleasure of Almighty God the increase of Virtue and the conservation of the Peace and Unity of this our Realm of England are for ever by authority of Parliament of this our Realm united and annexed unto the Imperial Crown of the same And whereas also by Act of Parliament it is provided and enacted that whensoever we shall see cause to take further Order for or concerning any Ornament Right or Ceremony appointed or prescribed in the Book commonly called the Book of Common Prayer Administration of the Sacraments and other Rights and Ceremonies of the Church of England and our Pleasure known therein either to our Commissioners so authorized under the great Seal of England for Causes Ecclesiastical or to the Metropolitan of this our Realm of England that then further Order should be therein taken accordingly We therefore understanding that there were in the said Book certain things which might require some Declaration and enlargement by way of Explanation and in that respect having required you our Metropolitan and you the Bishops of London and Chichester and some others of our Commissioners authorized under our great Seal of England for Causes Ecclesiastical according to the Intent and meaning of the said Statute and of some other Statutes also and by our Supream Authority and prerogative Royal to take some care and pains therein have sithence received from you the said particular things in the said Book declared and enlarged by way of Explanation made by you our Metropolitan and the rest of our said Commissioners in manner and form following Then come several Alterations in the Calendar Rubricks and Offices of Private Baptism and Confirmation an Addition about the Sacraments at the Close of the Catechism A Prayer for the Royal Family and six new Forms of Thanksgiving for Rain Fair Weather c. and after these inserted at length it follows All which particular points and things in the said Book thus by you declared and enlarged by way of Exposition and Explanation Forasmuch as we having maturely considered of them do hold them to be very agreeable to our own several Directions upon Conference with you and others and that they are in no part repugnant to the Word of God nor contrary to any thing that is already contained in that Book nor to any of our Laws or Statutes made for Allowance or Confirmation of the same We by virtue of the said Statutes and by our supream Authority and Prerogative Royal do fully approve allow and ratify All and every one of the said Declarations and Enlargements by way of Explanation Willing and requiring and withal Authorizing you the Archbishop of Canterbury that forthwith you do Command our Printer Robert Barker newly to Print the said Common Book with all the said Declarations and Enlargements by way of Exposition and Explanation above mentioned And that you take such Order not only in your own Province but likewise in our Name with the Archbishop of York for his Province that every Parish may provide for themselves the said Book so Printed and Explained to be only used by the Minister of every such Parish in the Celebration of Divine Service and Administration of the Sacraments and duely by him to ●e observed according to Law in all the other parts with the Rites and Ceremonies

from Eusebius * L. 5. c. 23 24. St. Cyprian † Ubique and ‖ De Jejun c. 13. Tertullian They were necessary for deciding the Differences that might happen between one Diocese and another or between those of the same Diocese if they could not be composed at home for the maintenance of sound Doctrine and wholsome Discipline and for the promoting of the general good of Christianity The Authoritative part of these Meetings was compos'd of the Bishops and Presbyters who sat * Conc. Eliberit in Proaem Greg. L. 4. Ep. 44. 4. Conc. Tolet. Capit. 3. Cypr. Ep. 1. Graviter commoti sumus Ego Collegae mei qui praesentes aderant Compresbyteri nostri qui nobis assidebant the Bishops in a Semi-circle formost and the Presbyters behind them before whom the Deacons and the People stood being little more than Witnesses of what pass'd at the Synod The Presbytery were in every City a necessary standing Council to their respective Bishops whose Power in the Church was much like that of a King in one of our mix'd Monarchies and together with their Bishops therefore they met in a Diocesan Synod upon all great Causes and without their Advice and Consent nothing of Importance was or could be determin'd This was the settl'd Rule of the Primitive Church and was kept up to here in England when it had declin'd almost every where else as the Constitutions of Egbert * Can. 44 45 46 47 apud Spelman Conc. T. 1. p. 258. Arch-Bishop of York made in the middle of the Eighth Century declare And some Remains of this Ancient Discipline are yet visible in those Capitular Bodies planted in our Cathedral Churches who as they were Originally intended to be a Select Presbytery to the Bishop for all the Affairs of his Diocese so have they still a Restraint upon his Authority in several Cases by the known Customs of this Church and Laws of the Realm Some of their Presbyters the Bishops were oblig'd to carry along with 'em to the Council of the Province and there I say they Sat Deliberated and Voted upon all Matters that came before the Assembly Indeed to General Councils the Inferior Clergy came not ordinarily in their Own Right but as the Proxy's only of absent Bishops which was necessary to hinder those Meetings from being too numerous and to prevent Confusion However even the Bishops that were present in General Councils were deputed thither by Provincial Synods * See the Emperor's Letter to St. Cyril Conc. Ephes. Part I. as also The Epistle of Capreolus Bishop of Carthage excusing himself for sending no Bishops because the War which had broke out in those parts hindred him from calling ● Provincial Synod from whence they were to be deputed Ib. pars 2. Act. 1. and brought along with them the Resolution and Consent of the several Churches from which they came and the Presbyters therefore having Voices in those lesser Synods their Consent was also in the Definitions of the Greater presum'd and included In one of these Provincial Synods held in the Second or Third Century was that which is since call'd the 37th Apostolick Canon fram'd which orders that there shall be two of these Assemblies yearly one in Spring and the other in Autumn The same thing with some small variety as to the exact time of Meeting was by the Great Council of Nice decreed more solemnly * Can. 5. and their Decree enforc'd by the Council of Antioch † Can. 20. first and then by the Fourth General Council at Chalcedon ⸫ Can. 19. Afterwards by reason of the difficulty of convening in times of War and Confusion these Synods were order'd to meet but once a Year by the Sixth ‖ Can. 8. and Seventh General Councils * Can. 6. in the East and this Order was renewed here in the West by the Fourth great Lateran Council held under Innocent III. at the beginning of the Thirteenth Century * Can. 6. And thus the general Law of the Church stood in succeeding times as to Us at least For the Decree of the Council of Basil † Sess. 15. which made these Meetings Triennial was not I think received here in England The Rule set by these General Councils ‖ All of ●em but ●hat at Antioch reputed such was prescrib'd also by the Roman Law * Justinian Nov. 123. c. 10.137 c. 4. received into the Capitulars of Charles the Great in Germany † Lib. 1. Tit. 13. and provided for very early by special Canons in the Churches of Spain and France ‖ 3. Conc. Tolet. c. 18. Conc. Regiens c. 7. 1. Conc. Araus c. 29. 2. Conc. Aurel. c. 2. 2. Conc. Turon c. 1. and of those lesser Kingdoms that arose out of the Ruines of the Roman Empire and particularly here in England by a Canon of the Council of Herudford ⸫ Beda I. 4. c. 5. Placuit convenire nos juxta morem Canonum Venerabilium held Anno 673 under Theodore Arch-Bishop of Canterbury and which took care not only to establish the Practice for the future but also to affirm the ancient Usage it being at the very entrance of the Acts of it expresly said to assemble in Vertue of the Old Canons as it was held also much about the Time that those Old Canons prescrib'd † Sept. 24. The Lateran Canon that reviv'd the use of Yearly Provincial Assemblies was in force here as Iohn de Athon tells us ‖ Proaem Othob tho' not so well observed he says as it ought to have been for a Reason too reflecting to be ⸫ Qualia Concilia Provincialia singulis annis celebrari ponitur sub praecepto quod non est ergo negligendum Sed hodiè de facto praetermittitur quia fortè Lucrum Bursale Praelatis non acquiritur sed potiùs tùnc Expensae apponuntur He gives I find the same free Reason in another place for the neglect of some Provincial Constitutions De facto perrarò servantur quando servando Constitutionem Bursae Praelatorum vacuarentur Sed aliae Constitutiones quae Praelatis Bursales sunt satis memoriae commendantur exequuntur ad unguem Ad Constit. de Hab. Cler. Englished This must be understood of the time when Athon wrote which was somewhat above an hundred Years after * For Pitts 's Account which has been taken all along upon trust viz. that he Flourished in 1290 must be a mistake since Athon was made Prebend of Lincoln in 1329 and died in 1350 as I find by unquestionable Authorities when in France also it was grown into neglect as appears by Durandus's Complaint † De modo Conc. Gen. cel Rubr. 11. But at first no doubt both here and elsewhere it was more strictly kept and to it we owe that Body of Provincial Constitutions which we have the earliest of 'em those of Stephen Langton bearing Date 1222 a few Years after that

Men are inflam'd against the Ministers of the Church See p. 109. how watchful they are for the halting of their Leaders and how narrowly they sift every syllable of the Statute by which Ecclesiastical Livings become void daily and continual Examples declare unto Us. If we compare the Charge of Ecclesiastical Persons in these our days with the Immunitys they have heretofore enjoy'd if it be consider'd with what cold Devotion all Tythes are paid if you set before your Eyes how hard it is to wring a Free Presentation from a Lay-patron if it be remembred how much every Rectory wanteth of that it hath been worth heretofore by reason of the taking of Offertorys laying down of Tillage and nonpayment of Tithes Personal it will appear that a Benefice of Twenty Pounds in the Queen's Books will now more hardly sustain the Incumbent than heretofore a Benefice of Ten Pounds Wherefore seeing the great Charge of Ecclesiastical Persons must needs increase in regard of the Malice of the Forreign Enemy and the Charity of Men toward our Calling is like to decrease as also for that unto many poor honest Ministers the Encombrance growing by pretended Lapses grounded for the most part upon false surmises hath been more hurtful than all their Payments to her most Excellent Majesty May it please this Honourable Synod that the Reverend Fathers and Lords which present the Free and Voluntary subsidy of the Clergy to her Highness may be humble suitors to her Gracious Clemency in the behalf of her Majestys most Faithful Subjects the Clergy of England and Wales that her Highnesses free pardon may extend it self to the forgiving of all Lapses and Irregularitys of her Clergy whatsoever except only in case of High and Petty Treason Willful Murther and Felony and other Enormous Faults and Her Majestys most faithful Subjects the Ministers of the Word of God shall continually pray unto God for Her Majestys Long Gracious and Prosperous Reign Ibid. fol. 123. This seems to be a Petition of the Lower Clergy out of Convocation to the Convocation it self However in that Manuscript p. 264. I find a Memorandum of it as of a Petition presented by the Lower to the Upper House of Convocation VI. 1606. Petition of the Lower House of Convocation to His Majesty against Prohibitions See p. 110. MOst humbly beseechen your most Excellent Majesty your most Faithful Subjects the Clergy of the Lower House of Convocation for Themselves and the rest of their Brethren in the Ministry That whereas they have been very much of late Years defrauded of their Tythes and debarr'd from obtaining their Right due unto them by Your Excellent Laws of this Church through Prohibitions procur'd by Those which wrong them out of Your Majesty's Temporal Courts to your supplyants great Hindrance Molestation and utter Impoverishing in time if Remedy be not provided besides the stopping of Justice occasion of Perjury and further Wrong and overthrow of your Ecclesiastical Jurisdiction as though it were an unjust Usurpation of Forreign Power against Your Majesty and Crown and not the due Execution of Your Majestys own Rightful Power and Just Jurisdiction in Causes Ecclesiastical It may please Your most Excellent Majesty upon due notice given and in tender Consideration of our Grievances herein to take some speedy Order for the Help and Relief of the same in such manner as to your Highnesses Wisdom Piety and Clemency shall seem just fitt and convenient And Your Majestys supplyants shall ever more as they are bound with all due thankfulness pray unto God for Your Majesty's Long and Happy Life and Prosperous Reign Ibid. fol. 364. VII REx venerabili in Christo Patri J. eâdem gratiâ Cant. Archiepiscopo totius Angliae Primati See p. 221. Sal. Quia Lewelinus filius Griffini Wallenses Complices sui Inimici Rebelles nostri totiens temporibus nostris Progenitorum nostrorum Regum Angliae pacem regni turbarunt rebellionem suam maliciam jam resumptam continuare non desinunt animo indurato propter quod negotium quod incepimus de Consilio Praelatorum Procerum Magnatum regni nostri nec non totius Communitatis ejusdem ad praesens proponimus ad nostram tocius regni pacem tranquillitatem perpetuam Domino concedente finaliter terminare Commodius etiam decentius esse perpendimus quod nos Incolae terrae nostrae ad ipsius Maliciam totaliter destruendam pro communi utilitate laboribus expensis fatigemur hâc vice licet onus difficile videatur quàm hujusmodi turbatione per Wallenses ipsos nunc habitâ pro voluntate suâ futuris temporibus cruciari pröut tempore nostro Progenitorum nostrorum contigit manifestè Vobis mandamus rogantes quatenùs Suffrageneos vestros Abbates Priores ac alios singulos domibus Religiosis praefectos nec non Procuratores Decanorum Capitulorum Ecclesiarum Collegiatarum vestrae Suffraganeorum vestrorum Diocesium venire faciatis coràm nobis apud Northampton in Octabis S ti Hilarii vel coràm Fidelibus nostris quos ad hoc duximus deputandos Vos iisdem die loco intersitis ad audiendum faciendum ea quae pro republicâ Vobis Eïs super hiis ostendi faciemus ad praestandum nobis consilium juvamen praesertim cùm vestrâ sicut aliorum intersit per quod Negotium jam incaeptum ad laudem honorem dei magnificentiam nostram sanè ac tocius regni nostri populi pacem tranquillitatem perpetuam valeamus hâc vice ut intendimus feliciter consummare T. Meïpso apud Rothelan Nov. 22. regni 11. Rot. Walliae 11 E. I. m. 4. dors see Pryn T. 3. Eccl. Jurisd p. 301. VIII See p. 222. REx Venerabilibus in Christo Patribus Episcopis Abbatibus Prioribus Capitulis Ecclesiarum Cathedralium Collegiatarum de Provinciâ Eborum eorum Procuratoribus ac toti Communitati Cleri Provinciae ejusdem Militibus Liberis Hominibus Communitatibus omnibus aliis de singulis Comitatibus ultrà Trentam apud Eborum in instantibus Octabis S ti Hilarii conventuris Sal. Cum nos occasione praesentis nostrae Expedicionis nostrae Walliae ad maliciam rebellionem Wallensium Inimicorum nostrorum reprimendam ad perpetuam pacem regni nostri faciendam ad quam toto corde intendimus subsidio fidelium nostrorum regni nostri opus habeamus ad praesens Nos de benevolentiâ venerabilis patris W. Eborum Archiepiscopi Angliae Primatis de circumspectione dilecti Clerici Secretarii nostri Antonii Beke Archidiaconi Dunelmensis fiduciam gerentes specialem eïsdem Archiepiscopo Antonio tenore praesentium plenam damus potestatem petendi procurandi nomine nostro juxtà formam per nos eis inde traditam injunctam subsidium ad Opus nostrum à Fidelibus nostris singulorum Episcopatuum Comitatuum regni nostri ultrà Trentam Et ideò vobis

Cranmer's r. Parkers p. 413. l. 8. for as r. has p. 457. l. 24. for owning r. owing THE CONTENTS CHAP. I. THE Clergies Right to Frequent Synods by the Canons and Practice of the Universal Church admitted and approv'd in this Realm Pag. 4. Chap. II. Their Legal Right of holding these Assemblies concurrently with every New Parliament p. 28. Chap. III. Their Right when met to Treat Resolve and Act in all Instances and to all Degrees under that of Enacting a Canon without Qualifying themselves for it by a Royal License The sense of the 25 Hen. 8. c. 19. carefully inquir'd into p. 78. Chap. IV. Some General Reflections on Dr. Wake 's Way of managing this Controversie which set aside so much of his Book as is Immaterial and Foreign to the Point in Hand p. 118. Chap. V. An Answer to some Objections made to the Clergies Right of meeting with every New Parliament where the Rise Nature and Force of the Clause Praemunientes in the Bishops●Writ and of the Convocation-Writ that goes out with the Summons for the Parliament are fully consider'd p. 212. Chap. VI. Dr. Wake 's Distinction between a Right of being Summon'd and a Right of Meeting and Sitting Examin'd together with a Reply to his Objection drawn from the Convocation having now left off to give Subsidies p. 263. Chap. VII An Answer to what is objected from their being now no Member of Parliament and an Occasion taken from thence to deduce an Account of the Lower Clergies Interest in the Great Councils of the Realm through the several Periods of Time from the Earliest Saxon Ages downwards p. 273. Chap. VIII The Second Point of the Clergies Right of Treating c. without a License strengthen'd against the Exceptions that are made to it from Parallel Instances of a Like Restraint practis'd towards Other Bodies from the Perpetual Practice of Convocations since the 25 H. 8. from the Opinion of Dr. Cousins and the Resolution of the Judges 8vo Jacobi c. p. 356. Chap. IX Some Instances of Dr. Wake 's Extraordinary Skill in the Subject of Debate Lately Printed for Tho. Bennet A Compleat History of the Canon and Writers of the Books of the Old and New Testament by Way of Dissertation with useful Remarks on that Subject In Two Volumes By L. E. Du Pin Doctor of the Sorbonne and Regius Professor of Philosophy in Paris Done into English from the French Original An Account of the Court of Portugal under the Reign of the Present King Don Pedro the Second with some Discourses on the Interests of Portugal with Regard to other Sovereigns Containing a Relation of the most Considerable Transactions that have pass'd of late between that Court and those of Rome Spain France Vienna England c. Campania Foelix Or a Discourse of the Benefits and Improvements of Husbandry Containing Directions for all manner of Tillage Pasturage and Plantation as also for the making of Cyder and Perry with some Considerations 1. upon the Justices of the Peace and Inferior Officers 2. on Inns and Alehouses 3. on Servants and Labourers 4. on the Poor To which are added Two Essays 1. of a Country-House 2. of the Fuel of London THE Rights Powers and Priviledges OF AN English Convocation STATED and VINDICATED THE Little Book which gave occasion to Dr. Wake 's Voluminous Answer proposed to Consider First What Need there was of a Convocation and then What were the Rights of the Clergy of the Church of England in relation to it Presuming I suppose that a Claim of Right could never come so decently from Subjects to their Prince as after shewing that they were under a Necessity of making that Claim Dr. Wake who is a great Master of Method has thought fit to change the Order of the Questions and to enquire first into the matter of Right before he allows the Point of Expedience to be Debated I shall be forc'd to dissent from this Gentleman so often in very concerning Points hereafter that I will not give my self the trouble of disputing a Trifle with him here and shall therefore take the Method He has Prescribed me I am so fully satisfied of the Truth and Reasonableness of what I contend for that I care not at which end of the Argument I begin The Two great Convocation-Rights chiefly insisted on in that Paper and endeavoured to be set aside by Dr. Wake in his Answer to it are these I. A Right of Meeting and Sitting in Convocation as often as a New Parliament Meets and Sits II. A Right of Treating and Deliberating about such Affairs as lie within their proper Sphere and of coming to fit Resolutions upon them without being necessitated antecedently to Qualify themselves for such Acts and Debates by a License under the Broad Seal of England Indeed these Rights of the Clergy do at present lie under some Disadvantage both because they have not of late years been duly Claimed and Exercised and because Some even of the Clergy themselves have freely given them up and publickly owned and maintained the Church to be at the Absolute Mercy of the Crown in these Particulars But whatever Prepossessions Men may be under on this account yet if the Cause may be allowed a fair Hearing I doubt not but in the following Papers clearly to prove That the Church's Rights are in both these Instances plain and indisputable and that therefore whatever Concessions some of her Unwary or Designing Members may have made to her Prejudice they must be accounted for on some other Bottom beside that of the mere force of Truth and how silent soever She her self may have been in the Vindication of these Rights yet the reason of that silence was not because she had nothing to say CHAP. I. THE Way in which I intend to proceed is First To State and Confirm the Two Points in Question shewing upon each of them wherein the Right claim'd seems to consist and what I take to be the chief Evidences and Proofs upon which it is founded After this I shall consider the Exceptions of all sorts that have been taken to this Claim by Dr. Wake or any other Writer who has appeared on the same side particularly by the Author of the Letter to a Member of Parliament Upon the first of the Two Points in order to give our selves a clear Account What the present Right is it will be requisite to step back a little and enquire What the former Usage has been What the Custom of this particular Church and Realm in relation to such Assemblies And what also the general Practice of the Church of God in all Ages A Convocation or Provincial Synod for so we now use the Word may be considered either Simply in it self or as Attendant on a Parliament I shall take these Two several Views of it and the first of them in this present Chapter That such Assemblies have been held frequently from the very beginning of Christianity and under Heathen Emperors appears abundantly