Hereticks were privily got into England He commanded a Council of Bishops to meet at Oxford and to call them before them And being accordingly Convicted by them they were publickly punish'd by the Civil Power By whose Authority the next Convention of the Clergy was assembled the year following it do's not appear Certain it is that in the Election of the Archbishop of Canterbury for which they met all was managed to the King 's content and the person chose whom He recommended to them After the death of Becket Richard Archbishop of Canterbury held a Provincial Council At this the two Kings both Father and Son were present and all things were done not only under their Inspection but the very Council was held with their Consent and Good Will And the King with his Lords confirm'd the Decrees of it How these matters flood in the next Reign it will not be very easie to say In which the King was for the most part absent upon his Expedition to the Holy Land and by the means whereof the Affairs of the Kingdom suffered not a little at Home Yet Baldwyn the Archbishop designing to accompany the King before he set out assembled a Provincial Synod to settle the State of the Church and to take such care as he thought needfull to secure the Liberties of his See It was not long after that William Bishop of Eli held another Synod at Westminster But He being endued with the double Character both of Lord Justice of the Kingdom in Richard's Absence and of the Pope's Legate as we cannot tell by which Authority He called it so neither can it be doubted but that between Both he had a sufficient Authority so to do And the same was the Case of Hubert after Who being empower'd both by the King and Pope assembled a Synod at York Presided in it and made many useful Constitutions for the Government of the Church Thus stood the Affairs of our Convocations in these two Reigns We must now go on to another prospect to a Reign in which thro' the ill Circumstances of the Government and the Troubles that fell out by the means of it the Pope according to his Custom made farther Invasions upon the Prince's Right and at last rais'd up his Authority to the highest pitch that ever it arrived at in this Kingdom The King being absent upon his Affairs in France and Hubert still enjoying his Legatine Power by Vertue thereof call'd a Synod to Westminster Anno 1200 And tho' forbidden by Geoffry Earl of Essex whom the King had left as Lord Justice of England during his Absence yet nevertheless went on with it and made several Constitutions in it It was about six years after that Jo. Ferentinus being sent as Legate into England and having got together a vast Quantity of Money held a Synod at Redding and so took his leave of the Realm From henceforth all things began to run into Confusion The King Obstinately opposing the admission of Stephen Langton to the See of Canterbury and the Pope thereupon putting the Kingdom under an Interdict and at last Excommunicating the King himself But it was not long before the Pope and the King came to an Agreement dishonourable to Himself and derogatory to the Rights both of the Crown and Kingdom Insomuch that Stephen himself Opposed it and joyn'd himself to the Barons against both Pope and King in defence of his Countries Liberties It was upon this new Agreement between the King and Pope that John doing what He would with the Preferments of the Church the Archbishop held a Council at Dunstable Anno 1214 And deputed two of their number to go to the Legate whom the Pope on that Occasion had sent hither to stop both His and the King's Proceedings by putting in an Appeal against Them Both to the Court of Rome And the same year the said Legate having received full satisfaction from the King and being therefore to Relax the Sentence which had pass'd both upon Him and the Kingdom that He might do it with the more Pomp caused a solemn Council to be held at St. Paul's London and there Released the Realm from its Interdict and Restored the King to his Royal Authority And here we must put an End to these Enquiries during this troublesome Reign For from henceforth the Kingdom was in a continual disorder in the midst of which the King at last died But tho' by the Wise Management of the Earl of Pembrook his Governour King Kenry the 3d. soon brought things into a better posture in the State yet still the Usurpations were maintain'd in the Church and the Archbishop as Legate continued to Summon the Clergy to his Synod So did Stephen Langton Anno 1222 In which He held his famous Synod at Oxford and publish'd those Constitutions which still pass under his Name About four years after Otto the Legate coming hither to enlarge the Pope's Revenues before too great in this Kingdom held a Council at Westminster the day after Hilary and proposed to the Clergy the project upon which He came To avoid the design He had upon them the Bishops made answer that the King being indisposed was Absent and several of their Brethren were not come to the Synod and so they could Resolve upon nothing for want of Them The Legate who understood the meaning of this proposed to them that They should at least Agree to another Meeting about Mid-lent and he would undertake that the King should come to it But the Bishops replied That without the Consent of the King and their Brethren who were absent they could not Agree to any such Proposal And the King Himself forbad all who held any Baronies of Him to do any thing in prejudice of His Rights So zealous were these Men for the King's Prerogative when they needed it to guard them against the Encroachments of the Pope And so little do Men value how differently they behave themselves when their interests lead them to shift their Party and their Opinions But tho' the King now joyn'd with his Clergy against the Pope yet it was not very long before He himself invited the same Otho to come again as Legate into England Who being accordingly come hither held a Legantine Council at St. Paul's London in the Octaves of St. Martins to Reform the abuses of Pluralities and some other Enormities that were crept into the Church And there proposed his Constitutions to the Clergy that so by their Suffrage and Consent they might be establish'd for the Reformation of the State of the Church of England I insist not upon the two fresh Attempts that were made by this Legate upon the Clergy for Money and in Both which He was constantly refused by Them As was also Rustandus who succeeded him and by the like authority call'd another Synod to fleece the Clergy for the Pope's Advantage About three years after Boniface
But there is another Respect under which the Clergy in Convocation may be consider'd and of which it will therefore be necessary for me to give also some Account before I go on to take any particular View of what was done by them under this Capacity I have before said that when the King Orders his Writs to be Issued out for Calling a Parliament He do's at the same time direct two Others to be sent to the Two Archbishops to Summon the Clergy of their Respective Provinces to meet together about the same time And it will be necessary for me in the first place to take notice of the difference there is between these Two kinds of Summons because that by that we shall be able the better to judge what is intended by Each of Them First then The Parliamentary-Writ is sent distinctly to every Bishop â—mmediately from the King and the Bishop is thereby Required to Summon the Clergy of his Diocess to go along with him to Parliament Whereas the Convocation-Writ is sent only to the Archbishop and He by the Bishop of London sends to the Other Bishops of his Province to meet Him with their Clergy in Convocation according to the King's Command And sometimes the Archbishop heretofore Summon'd them only by his Own Authority 2. By the Parliamentary-Writ the Bishop and Clergy of Each Diocess are to come to the place where the Parliament is intended to be Opened and upon the Day appointed for the Assembling of it By the Convocation-Writ they are call'd to the Chapter-House at Pauls or to such Other place as the Archbishop appoints and that oftentimes heretofore on some Other day than that on which the Parliament began 3. The Parliamentary-Writ Summons Them to come to Parliament there to Treat c. with the King the Rest of the Prelates and Lords and Other Inhabitants of the Realm concerning the Urgent Affairs that are there to be deliberated of with respect to the King the Realm and the State of the Church of England The Convocation-Writ calls them to consult only among Themselves and that as they shall be directed by the King when they come together 4. By the Parliamentary-Writ only the Deans Arch-deacons and Proctors of the Clergy are Summon'd But the Convocation-Writ with these call'd the Regular Dignitaries too Omnes Abbates Priores c. tam Exemptos quà m non Exemptos and so gave many a place in Convocation that had nothing to do in the Parliament 5. Lastly By the Parliamentary-Writ they were ever to meet at the very precise time the Parliament did By the Other they not only did not meet always at the same precise Time but very often at such time as no Parliament was Sitting Which was the Case of the most ancient Convocation-Writ I have 〈◊〉 met with of the 9 Edw. II. And according to which the Convocation sate Febr. 17 whereas the Parliament met the October before It is therefore as plain as any thing can well be That the Convocation of the Clergy consider'd as call'd by the Parliamentary-Writs and sitting by Vertue of Them and the Convocation consider'd as Summon'd by the Convocation-Writ and the Orders of the Archbishop consequent thereupon are in their nature and constitution two different Assemblies and which by no means ought to be Confounded together The great Question is What the nature of this Convocation as distinguish'd from the Parliamentary-Convention is and what the design of their Meeting Originally was Had these Convocations been always Assembled by the Authority of the Archbishop without any Writ from the King as oftentimes heretofore they were And had they meddled only with Ecclesiastical Matters when they met It would have been no hard matter to give a plain and certain Answer to this Enquiry Because in that Case it would have been Evident that these Convocations were no Other than Provincial Synods which the Archbishop took occasion to Assemble for the Ease of the Clergy and the Benefit of the Church at the same time that they were otherwise Required to come together for the business of the State And this Use Our Kings were wont sometimes to make of Them They referr'd Ecclesiastical Matters to them and advised with them in things pertaining to Religion But as the Form of their Summons entitles them to meet upon some urgent Affairs which concern not only the security and defence of the Church of England but of the King too and the peace and tranquility the publick Good and defence of the Kingdom So the main design Our Princes seem to have had in Assembling these Convocations either at the same time they did their Parliament or not long after was to get Money from Them That so in a much fuller Body of the Clergy than what usually came to the State-Council and consisting of such Members particularly as were most haâ—d to be dealt with the Abbots and 〈◊〉 they might either obtain a supply from the Clergy there when they had 〈◊〉 in Parliament or have that Supply confirm'd by them in Convocation which had before been Granted to Them in Parliament Nor is this any vain Conjecture but founded upon a General Observation of what was done by the Convocation when it met and which for the most part was nothing else but to confirm or make an Order for Money And even upon the very Summons themselves which were anciently sent to them and in which the Cause of their meeting was oftentimes more particularly express'd than afterwards it was wont to be I shall offer an Instance of this in that ancient Summons before mention'd 9 Edw. II. In which it is declared That those Bishops and Others of the Clergy who were Summon'd to Parliament had as far as they were concern'd unanimously yielded to a Subsidy but so that Others of the Clergy who were not Summon'd to Parliament should Meet in Convocation and Consent thereto And that for this Cause the King had sent his Writ to the Archbishop to Summon All Prelates whether Religious or Others and Others of the Clergy of his Province to meet at London post 15 Pasch. to treat and consent of the Matter aforesaid This therefore was the great Use which Our Kings were wont all along to make of their Convocations and from this it came to be the Custom to Summon them for the most part as often as the Parliament met and Generally at the same time that it did so But tho' our Convocations therefore even as Ecclesiastical Synods have by this means come to be for a long time Summon'd at the same time that the Parliament was to meet yet I do not see any Reason there is to consine them so closely to such a season as to make it absolutely necessary for the King to call the One whenever He do's the Other Indeed Custom which in such Cases ought to be allow'd its just force has prevailed so far that it may be question'd whether the Clergy thereby have not a Right to
desire to Understand than the Laws and Antiquities of the Country in which I live but especially of the Church in which I minister And I am not a little pleas'd to see that there are at this time so many Persons of Excellent Parts no less addicted to these Researches and much better Able to pursue them than I am It may possibly be some provocation to One or Other of These to give us a more perfect Account of the present Subject to see how little is here done in it The Argument certainly deserves Consideration and I heartily wish it a better Hand and a better Head too than any that has yet appear'd upon it In the following Treatise having first stated the Subject I was to go upon and settled the Method I thought most proper to be observed in the prosecution of it I in the next place go on to lay the Foundation of what I had to say with Reference to our own Laws and Constitutions upon the Practice and Opinions of the Antient Church and of all the Christian Countries round about us for above 800 years after Christ. I consider'd that the Church of England beyond most Churches in the World has a peculiar Veneration for the Discipline as well as Doctrine of the Primitive Church And I thought it would be no small Evidence of my good Intentions towards it upon this Occasion to shew that I pretended to nothing in behalf of our own Kings but what the Bishops and Clergy from the fourth Century downwards had readily allow'd to their Emperours And what all Other Christian Princes continued to Enjoy till the Papal Authority prevail'd over Them and deprived them of that Supremacy in Ecclesiastical matters which They originally had and to which the Reformation has again so justly restored them And now having laid so good a Foundation I thought I might proceed the more freely to Enquire into the Case of our own Country and see what Authority the King of England has over his Convocations and by what Law or Custom he enjoys that Authority In this I was forc'd to confine myself within the time of the Reformation because it was about the Beginning of that that Our Kings were restored to their Supremacy in this as well as in other matters or at least had their Authority more solemnly recognized by the Clergy and established by the Parliament than ever it had been before But lest such a Supremacy as this should seem to depend rather upon the Authority of an Act of Parliament than to be derived from that Original Power in Ecclesiastical Causes which belongs to all Christian Princes and to Ours as well as to any and which was Exercised by them many Ages before any Statute was made to intitle them thereunto Having shewn what the Law as to these matters now is I thought it might not be amiss to enlarge my Enquiry and to see how the Case has stood in this particular from the first Conversion of the Saxons to the time wherein I began my former Disquisition And upon search I found and I think have plainly made it appear that the Authority I here assert to the King is no other than what our most antient Princes till about 1100 years after Christ continued to exercise and even then claim'd a Right too when they were not any longer permitted to excercise it If in pursuing of this Enquiry through so many past Ages I have sometimes taken the liberty to fill up those Vacancies which through the want of Materials proper for such an Undertaking often fall in my way with Reflections a little foreign to my proper Business I hope it will not be taken for any great Offence in a Work of this Nature especially considering that my very Digressions are rather not directly to the purpose of my present Subject than altogether distant from it As for the remainder of my discourse which is spent in Answering the Letter to a Convocation-man I shall only say thus much that I have not designedly either over-look'd any of its Arguments or made an imperfect much less a false Representation of them I have examined every thing that seem'd considerable enough to be taken notice of and I hope have fully answered what I have examined I am not aware that in doing of this I have given my Adversary any hard Treatment tho' I cannot but say He has taken care oftentimes to deserve it But I thought it unreasonable to be guilty of that my self which I look'd upon to have been a fault in Him 'T is true I have all along spoken my mind with great freedom and where I sound any thing amiss have not stuck to own it tho'it seemed to reflect upon those of my own Order Till Clergy-men cease to be Men they will be guilty not only of Follies and Imprudencies but of Sins too as well as others and to what purpose should I dissemble that which whether it be confess'd or not all the World knows to be but too True Were our Faults so private that to allow of them were to publish them I am sure no One should be more careful to hide them than I would be But I cannot conceive it to be either for the Credit or Interest of the Church to dissemble those Vices which those who Commit them take no Care to Conceal If any one should be so unreasonable as to take occasion from hence to think hardly of our Profession or to be scandalized at our Religion for the Faults of those who minister in It I would only desire them to consider that we live in an unhappy Age and make up a large Number of Men and it can hardly be thought but that where so many thousands wait at the Altar some there should be who are much fitter to be cast out of the Church than to officiate in it In the mean time God be thanked Many there are who are as Eminent for their Piety as some others are Notorious for their Irregularities and this Advantage they ought to have to recommend our Religion beyond what the others should have to defame it that these live agreeably to the Rules of their Holy Profession whereas the others must be confess'd to have scandalously departed from them To conclude the following Treatise as it was truly intended for the Service of the Church of England so I hope it may be of some Use to many in it At least it will satisfie Those who have taken Offence at the Letter here examined that it speaks not the Sense of All if of any of our Clergy And shew that many there be who no less disapprove the Assertions of this Author than they are justly offended at his Bold and Scandalous Reflections THE CONTENTS CHAPTER I. THE Design of the following Treatise with a short Account of the Method that is proposed to be observed in the Prosecution of it The Order of the Questions proposed in the Letter to a Convocation man changed and an Enquiry design'd to
of a Priestly Mind you have commanded your Priests to be gathered together into one Place to treat of such things as are Necessary We have according to the Purpose of your Will and the Heads which you gave to us answer'd in Our Definition as to us seem'd Good So that if those things which we have Established are also approved of as Right by your Judgment The Consent of so great a King and Lord may Confirm the Sentence of the Priests to be observed with the Greater Authority And thus have I done with the First Thing which I proposed to Consider I have shewn what Authority the Christian Prince has always been accounted to have over Ecclesiastical Synods with respect to the Assembling of them to their Proceedings whilst they are Sitting and to the Confirming or Annulling their Decrees afterwards I shall make only an Observation or two upon the whole with Respect to our present purpose and so conclude this Chapter And 1st I must take notice that whatever Privileges I have here shewn to belong to the Christian Magistrate they belong to Him as such They are not derived from any positive Laws and Constitutions but Result from that Power which every such Prince has Originally in Himself and are to be look'd upon as part of those Rights which naturally belong to Sovereign Authority Hence we find that All Princes in All wountries how different soever they have been in other Respects have yet evermore claim'd an Equal Authority in these Matters And the little Kings of Suevia and Burgundy accounted themselves to have as good a Title to Them as the Roman Emperors in their most flourishing Estate had Which being so it will follow 2dly That every Sovereign Prince has a Right to Exercise this Authority within his Dominions And that to prove this Right it is sufficient to shew That he is a Sovereign Prince and therefore ought not to be deny'd any of those Prerogatives which belong to such a Prince among which this Authority is One. 'T is true such Princes may by their own Acts limit themselves as they think fitting And these Limitations may give such Assemblies a Privilege in One Country beyond what they have in Another But then these Limitations must be plainly proved to have been made in their favour And till they are so the Prince must be accounted to have a Right to that Power which as a Prince belongs Him and is not yet proved to have been given away by Him And therefore 3dly Whereas it is now to be Enquired What the Authority of our Kings is over our Convocations We have thus far proceded towards the discovery of it that we have shewn what Power They had Originally over Them and as Christian Princes ought still to Enjoy And those who will Restrain Them with narrower Bounds must first shew how they came to lose that Power which they would take from Them and which till This shall be cleared they must be Presumed still to have a Right to CHAP. III. Of the Authority which our Own Kings have over their Convocations with Respect both to their Meeting and Acting first and to the Confirming or Annulling of their Acts after WE have now seen what Authority all Other Christian Princes have claim'd and Exercised over their Clergy from the first Conversion of the Empire to Christianity till the Prevalence of the Papal Power began to deprive Them of that Supremacy which of Right belong'd to Them Let us go on upon this Foundation to Enquire II. Whether our Own Kings have not as Great an Authority over their Convocations as any Other Princes have ever pretended to over their Councils That this of Right they Ought to have I have before observed The only Question is whether our Own particular Constitution has interposed to deprive Them of that Authority which we have already shewn did originally belong to Them And here I might justly leave it to Those who advance such Pretences to produce their Proofs and shew us upon what Grounds they do it And account the Right of our Kings to this Authority to have been sufficiently established in that common Claim which I have already proved all Christian Princes as such have ever made to the Exercise of of it But that nothing may be wanting to the clearing of this Matter beyond all reasonable Exception I shall to the General Argument I have before made use of add those particular Confirmations which our own Laws and Customs afford us of this Truth And shew that by our own Constitution the King of England has all that Power at this day over Our Convocation that ever any Christian Prince had over his Synods 1st Then if we consider His Authority as to the first thing before-mention'd viz. of Calling together of the Clergy in Convocation We are told by One of the most Eminent Professors of our Laws that it was among other Points Resolved by the Two Chief Justices and other Judges at a Committee of Lords in Parliament Trin. 8. Jac. 1. That a Convocation cannot Assemble at their onvocation without the Assent of the King And One would think such Persons should not only be very well Qualified to know what our Law is but should also be very Careful especially at such a Time and in such a Place not to deliver any thing for Law which They were not very well assured was so But because some have excepted against the Authority of this Report as a Piece that was published after the Death of the Author and in Suspected Times Tho' I cannot see what Interest any One should have to falsifie his Relation in the Instance before Us We will take his Opinion from a Book which we are sure is Authentick and lies open to no Exceptions 4. Instit. pag. 322. Where treating expresly about the Court of Convocation He affirms that the Clergy were never Assembled or Call'd together at a Convocation but by the King 's Writ And in which tho' I am sensible He has spoken a little too Generally as to matter of Fact yet in point of Law and in which only I make use of his Authority I cannot but look upon him to have been absolutely in the Right It being certain that the Clergy not only now cannot but never could be lawfully call'd together in Convocation but by the King 's â—rit or with his Consent And in assirming this I say no more than what was the joint Opinion of the whole Representative Body of the Nation as well of the Clergy in their Convocation as of the rest of the Realm in Parliament 25 Hen. 8. And from whence if from any Authority we may certainly the best take our Measure to judge Whether a thing does of Right belong to the King and is a part of his Royal Prerogative or No. For 1st As for the Clergy We are told in the Preamble to the Act of the 25 Hen. 8. chap. 19. That the Clergy of this Realm of England had acknowleged
Enormities have broke out and there being none to suppress them they have by an evil Custom grown to too great a Height To which the King answer'd Of this I will determine when I see fit and that at my own Pleasure not at yours And he kept his word with him For during his whole Reign there was no Ecclesiastical Synod held in England But what this King deny'd the next readily complied with For in the second Year of his Reign he consented to the desire of Anselm to call a Synod and accordingly at Michaelmas Anno 1102 a Convocation met in St. Peter's Church near London At this Synod not only the King but all his Nobles were present The Archbishop desiring they might be fully satisfied in the Orders which should be made to the end they might the more readily afterwards concurr with the Bishops in the enforcement of them For so the Iniquity of those times required in which for want of Synods Vice was grown to an extraordinary heigth and the Fervour of Christianity was much abated It was a long time after this before any other Ecclesiastical Synod was held in this Country but then there met one of an extraordinary Nature and which I must take particular notice of because that in it was made the first considerable Invasion upon the Princes Authority as to this matter in these parts Pope Honorius having appointed Jo. de Crema to go as his Legat into England he met the King in Normandy and after having been stop'd for some time by him managed his business so well as to obtain the King's Permission to come over hither Being arrived here he assembled a National Council by his Legatine Authority Anno 1125. And the method He took of doing of it is worth our Notice It being the first Instance we have of any thing of this nature that was Attempted here The Legate assuming to Himself the King's Prerogative commands the Archbishop of Canterbury to Issue out his Writ for the Calling of it This the Archbishop was forced to submit to yet being desirous to maintain his Own Authority as well as He could He drew up the Writ in these Words William c. Archbishop of Cant. to Urban Bishop of Landaff Health I signifie to you by this Letter that John Cardinal Priest and Legat of the Roman Church has by Our Order and Connivance design'd to Hold a Council at London the day of the Blessed Virgin 's Nativity Wherefore I Command you that at the Time and Place prefix'd you fail not to meet us with the Arch-deacons Abbots and Priors of your Diocess to Determine concerning Certain Ecclesiastical Affairs and to Reform or Correct what the Sentence of Our said Convocation shall agree is to be Reformed or Corrected The Council being thus Assembled the Legate presided in it He sate not only above the Archbishop and Bishops but above all the Nobility of England who came thither By this Pride of his he raised the Indignation of the whole Realm against Him And being caught in Bed with a Whore at Night after having bitterly inveighed against the Marriage of the Clergy the day before He was forced to leave the Kingdom in a very dishonourable Manner But tho' the Archbishop therefore did what he could to assert his Authority yet he was not without a very tender sense of the Assront that had been put upon Him To prevent the like for the future instead of maintaining the Rights of his See and the Privileges of his Country and in both which our Nobility would certainly have stood by Him He applied to Rome for a Legatine Power to be Granted to him and so unhappily brought both the Kingdom and his own Dignity under a greater Servitude Being return'd from Rome with his New Character Anno 1127. He the same Year held a Council not as Archbishop but as the Pope's Legate the first of the Kind that ever any Archbishop held in England To this was gather'd besides the Bishops a great Croud both of the Clergy and of the Laity But these were spectators only the Bishops alone Voted in it And all the Power the King was now allowâ—â— was after having heard what was defined by Them to Consent to it and to give leave to them to put in execution what had been as we see determined by Them But tho' the Clergy by this means began to get Ground upon this Prince yet it was not very long before he found out a way to be even with Them and that such a One as was very Gratefull to his Close and Thrifty disposition For about three years after having Observed how little the Decrees of the late Councils had prevailed to Oblige the Clergy to Abandon their Wives in another Council held at London August the 1st 1129. He persuaded the Bishops to leave the Ordering of that matter to Himself Which being done He exacted vast Summs of Money from the Married Priests and instead of forcing them to leave their Wives gave license to such as would pay for it to live on freely with Them King Henry being dead it cannot be wondred if the Invasions begun to be made upon the Prince's Rights towards the latter end of his Reign were not only continued but encreased under K. Stephen He who sounded One part of his Title to the Crown upon the Papal Authority could hardly be supposed capable of denying the Pope the same Power which his Predecessors had allow'd to Him And for the Opposing whereof he had himself so weak a foundation Three Synods we meet with during the Reign of this King and Every One held by the Legatine Power The first was in the Year 1138 It was call'd by Albericus Bishop of Ostia and all the favour which was allow'd the King was That He was present at it and help'd to make Theobaldus Archbishop of Canterbury in it But much less was his interest in the next of these Synods which met at Winchester about four years after and which was not only call'd without his leave by the Legatine Authority of his Brother the Bishop of that See but was assembled on purpose to Animate the Clergy against him and to prepare the way for Maude the Empress to overthrow Him But the fortune of the King prevail'd And about the End of the same Year in another Synod of the like kind at Westminster the Legate return'd to the King his Brother's Party and Recommended it to the People to pay that Obedience they Owed to Him Thus pass'd these Affairs in this troublesome Reign and in which the Authority first Usurp'd by the Pope in the time of King Henry the First got new strength and began now to plead prescription in its favour But now the Civil State being a little more Quiet the King was thereby in a better condition to Assert his ancient Rights And accordingly being inform'd that some foreign
new Laws for the suppression or discovery of the Others And this has been the Case of the present Government But now what Effect have all these Civil Exigencies had upon the Affairs of the Church Unless it be that an Act of Toleration has been made which our Author professes He envies not to the Dissenters or if He did I hope He would not have the Convocation pretend to Repeal it In short all he can alledge are certain disorders which either there is a sufficient provision already made against Or if there be not I doubt the Convocation will hardly be able to do any thing farther for the more effectual Redress of Them But however this I shall have Occasion more particularly to consider when I come to examine what He has said to prove the necessity which He pretends there is for the sitting of a Convocation And I must not anticipate here what will more properly as well as more fully be handled there So little is there in his first Argument which he has brought to prove that the Convocation has a Right to sit as often as the Parliament meets and has been unwarrantably deny'd by the Government so to do Let us see whether his next proof be any better Now that 2dly is no less than an Act of Parliament 8 Hen. VI. ch 1. The substance of which Statute is this That the Clergy who are called by the King 's Writ to Convocation shall fully Use and Enjoy such Liberty and Defence in Coming Tarrying and Returning as the Great Men and Commonalty of England called or to be called to the Kings Parliament do Enjoy and were wont to Enjoy or in time to come ought to Enjoy Well be this so But is there any thing in this Statute which says that the Clergy shall come to the Convocation when ever the Great Men and Commonalty of England do to the Parliament That is not pretended But what is there then in this Act to the purpose of our present Enquiry Why in the Preamble to it 't is said that The Clergy Coming to Convocation were often-times and commonly molested From whence our Author admirably concludes That therefore they did oftentimes and commonly in those days meet in Convocations That this can reasonably be inferr'd from those words I am by no means satisfied which only signifie that when the Clergy went to Convocation they were very often molested by Arrests c. but do's not at all imply that the Convocation used often to meet However let this be Granted In Henry the Sixth's time the Convocation often met therefore it met whenever the Parliament sate How do's that appear Nay but we must go farther Therefore of right it ought to meet now whenever the Parliament do's Nay but this will not yet do Therefore it ought not only formally to meet but to sit and act too as often as the Parliament assembles This our Author must mean or He alledges this act to no purpose And he who can draw this Consequence from that Act must be a mighty Man of Reason indeed and too unequal a Match for Men of ordinary Skill in Logick to deal with And yet after all this I confess is true The Convocation in those days did sit and act too for the most part as often as the Parliament met For the Clergy in those days assessed Themselves and without their sitting either as a Member of the Parliament which heretofore they were Or in a Provincial Synod which commonly met with the Parliament the King could have no supply from the Church But as for Ecclesiastical business for ought I can find they did as little with their Often-meeting then as they do with their Seldom-meeting now And were this the Case of the Convocation still were the business of its assembling principally if not only to give Money to the Government I believe instead of this Vindication of its Right to â—it we should rather have seen a Complaint against the charge and trouble of it At least I am pretty confident neither this Gentleman nor his Convocation-Friend would have been much concern'd for their Meeting or have been at all scandalized at those unwarrantable Adjournmen's they have now so tender a sense of But 3dly The Convecation says this Author is an Ecclesiastical Court. To it belongs the punishment of Heresies And in ancient times it was frequently and of necessity used for that End for without it there could be no punishment of Heresie Since the 25th of Hen VIII this is in good measure again the Case And it cannot reasonably be supposed to be in the King 's absolute Will whether it shall exercise this Jurisdiction or not This is his next Argument and should we intirely allow of it it would only prove that the King ought to permit Them to meet and act whenever any Hereticks were to be convicted by Them But would by no means shew either that they have a right even in such a Case to meet without the King's leave Or that the King ought of Right to let them sit when there is no such need of it But indeed if my Lord Coke be in the right there is a manifest mistake in the very foundation of this Argument For the Bishop of the Diocess had always Power to convict of Heresie and to proceed by Ecclesiastical Censures against Hereticks All that he was defective in was that He had no power to Imprison and for want of that could not proceed often-times to any purpose against them This Power therefore was given to the Bishop by the 2d of Hen. IV. And tho' now the Civil Penalty that was wont to be inflicted upon Hereticks be taken away yet has it been resolved that the Bishop may still proceed by Ecclesiastical Censures against Them Whether this be so or not I shall leave it to this Gentleman to enquire who possibly may be better acquainted with such matters than I am But if it be then 't is manifest there can be no need of the Convocations meeting to do that which may be as well done by the Bishops without it And these are only some lesser Arguments with which our Author design'd to skirmish before we came to his main battle But now we are to begin to look to our selves For 4thly His next Proof is taken from no less a Topick than the Parliamentary-Writ and in his Own Opinion â—s an Argument of Invincible Strength to Establish the Necessity of Convocations meeting as often as Parliaments In answer whereunto I do readily agree that when the Proemonition to the Bishop to Summon his Clergy to Parliament was first put into that Writ the Clergy thereby summon'd had as much right to meet by Vertue of it as the Bishop himself had And it is accordingly by Our best Antiquaries acknowledged that in Ancient times the Inferior Clergy were a Member of the Great Council of the Nation as well as the Bishops and Abbots But then this
is at best but miserable Harangue to oppose against the Express Authority of the Law and the Common Prerogative which All Christian Princes have from the beginning laid claim to as to this Matter But He urges farther 2dly That supposing a License were necessary yet for that very Reason it ought to be Granted And it matters not much whether we say that a License ought ex debito Justitiae to be Granted to empower them to deliberate Or whether they have of Themselves a Power of deliberation without such License expressly given That whenever the King requires the Convocation to sit he ought to send them a License to act is out of doubt because otherwise he would either oblige them to meet to no purpose or would lay a snare in their way by bringing them together and putting them upon acting without a License which by Law they ought not to do But that this is granted Ex debito Justitiae I utterly deny because in all the Commissions I have ever seen 't is particularly said to be Granted by the King of his special Grace and meer Motion which cannot with any propriety of Speech be said of what in justice belongs to them The truth of the Case is this The 25 of Hen. 8th has restored the Crown to its Royal Authority as to this matter It has put the Power of directing the Convocation as of Right it ought to be into the King's hands They cannot Act without his Licence and he is not Obliged by any Law to grant it to them but may allow or not allow them to Do business as he thinks it will be most expedient for the Churches Welfare That therefore the King do's at any time Grant them such a Licence is of his Own Good Pleasure Nor can it any Otherwise be accounted a Debt of Justice than as he is Obliged in Justice to his People to Do whatsoever he thinks to be for the Publick Good But yet in point of Reason it must be confess'd that the King either ought not to Require his Clergy to meet together more than for Form sake Or that if he do's He ought to Commission Them to act too That so they may neither meet to no purpose or which is Worse do it to their Own detriment by Acting Otherwise than the Law allows Them to do And therefore I do Agree that in a very large improper sense of the Words it may be said that when they do sit a Licence ought ex debito Justitiae to be Granted to them Because they ought not to sit but when their sitting will be for the Good of the Church and when that is so the King is obliged in Justice to the Church to give them Licence to Act. But in this Gentleman's sense I utterly deny either that the Convocation has any right to Meet whenever the Parliament do's Or that upon every such Formal Assembling they ought to have a Commission sent to them to Empower them to Act tho' I still affirm that they are not at Liberty to Act without it As for what is here again urged 3ly from the Rights of the Parliament It may suffice to say That neither do's the Parliament lie under the same Restrictions that the Convocation do's nor can it with any Consistency to our Constitution be supposed that it should do so The Parliament Acting in Concurrence with the King have the Legislative Power in their Hands They neither are Restrain'd by any Laws nor is it possible they should be But the Convocation is truly no more than an Ecclesiastical Council It s business is to Advise and Assist the King in things pertaining to the Church And tho' I know it will displease this Author to be told so yet I must again put him in mind that the Clergy have no power to make laws They may draw up Canons and Constitutions within the Limits which the Parliament has set to them and the King may confirm them And that being done they will have a due force But still Laws they are not unless in a very imperfect Sense the same in which the Convocation is a Legislature and the Master of a family a Monarch within his Own House But tho' I cannot therefore joyn with this Author in his Argument yet I heartily concurr with him in his Conclusion of it That an English Christian King is as much Obliged by the Laws and Usages had and accustomed in this Kingdom in regard to the Church as the Sovereign of England is with relation to the State This I say is unquestionably true and brings us to the true way of deciding the Point before us If by the Laws and Usages of this Kingdom the Convocation has a Right to sit and act as this Gentleman affirms let those Laws be produced and those Usages made out and I submit But if according both to the Laws and Usages of the Realm the Convocation be wholly in the King's hands As I think I have abundantly shew'd that it is then let our Author be concluded by his Own Rule and Render unto Caesar the things that are Caesar's to God the things that are God's But our Author here again objects to himself what if he had not I dare say no man living would ever have Objected to him that the Convocation has oftentimes been prohibited by the King to deal with any thing that concern'd his Crown and Dignity c. And he thus makes his Advantage of it That since those Prohibitions were only to keep the Convocation from Excess and within their just bounds it is evidnetly supposed that they may intermeddle with any Other Matter without Express Licence Whether that be supposed or no I cannot tell this I am sure is that the Clergy in those days were but too apt to meddle with matters in their Convocation that did not at all belong to them And I doubt were some mens Notions allow'd of we should find but too much need of having these kind of Prohibitions brought again into Practice But the truth is when those Prohibitions were wont to be sent to the Convocation the Clergy oftentimes did not only Meet but Act too without the King's Licence And by both usurp'd upon the Royal Authority And to suppress these abuses and to vindicate the King's Supremacy it was that the Statute of the 25 H. 8. c. 19. was pass'd Since which time we meet with none of these Prohibitions and I hope the Crown will never fall any more into such hard Circumstances as to stand again in need of them As for what this Author in the next place excepts against the Authority of Cokes xiith Report I am but little concern'd in it The fortunes of the Crown depend not upon the Credit of it Let those who build their Opinion as to these matters upon the Resolution of the Judges there Related if Any such there be undertake the Defence of it We are now come to the main Point and which
Our Author therefore Labours all he can to Get over And that is How we are to understand the Statute of the 25. H. 8. Whether as Prohibiting the Clergy only to Promulge and Execute any Canons c. but what are Confirm'd by the King Or Whether we are to look upon it to have forbidden Them to debate and conclude upon any without his Licence first had so to do And here I shall neither enter into any Controversy with this New Critick about the propriety of Expression in which Our Acts are too often defective Nor complain of his very Partial and Imperfect Recital of it Tho' in this he will find it hard to justifie himself to those who will take the pains to compare the Words of the Statute with that Account which he has given in his Letter of it But supposing the Act to have been so obscurely or doubtfully drawn up as to be really capable of either of the Senses here contended for which yet truly I think it is not will only consider whether there be not much more reason to preferr Oars than to allow of His. For which end 1st I would Ask this Author Whether supposing One of these Senses can evidently be made appear to have been Always and Universally Received as the meaning of this Act ever since it was Made and the Other be Confessedly a New and Singular for I must not now say a Forced Interpretation of it that Ought not in all Reason to be Stuck to which has prevail'd from the beginning rather than That which was never Allow'd of nor for ought I know so much as heard of till this Gentleman first enlightned the World with it Again 2dly Let me demand farther Whether this will not be still more Reasonable if it can be shewn that that Sense of this Statute which we Affirm has hitherto Universally Obtain'd has also been confirm'd by the Constant Practice of Those who were most concern'd to Enquire into the Meaning of it And had withall the Best Opportunities of knowing what was indeed intended by the Legislators in Making of it 3dly and lastly Let me Ask Whether we ought not yet more undoubtedly to acquiesce in this Sense if it has been Generally and Constantly admitted not only by such as were the most Concern'd and best Qualified to judge of it but whose Interest it was withall to have declared against this Sense and to have Asserted that Other which this Author has here advanced supposing there had been any Rational Ground for Them so to do These I conceive are very plain Questions and either this Gentleman must recede from the most Commonly Received Rules of Interpreting Laws or he must Consent to the Reasonableness of them and be Concluded by Them To apply then these General Rules to the Case in hand I believe no reasonable Man will doubt but that the Kings of England have had as Good Opportunities of Understanding the Sense of their Own Laws as any Other Person whatsoever can pretend to They have had their Judges their Council learned in the Law their Own Great Counsellours at all times to advise with And these have not only Authority to make an Authentick declaration of the Sense of any Statute but have been actually consulted by Them concerning the meaning of this very Act. Unless we should be so unreasonable as to Suppose that Our Princes have from time to time sent Commissions to their Convocations to empower them to Act And that with peculiar Relation to this Law and yet never Consulted with their Judges c. in drawing of them Or were ever better inform'd by Them when they saw how Grosly they had mistaken the Sense of it But it may be our Kings were Parties in this Case and had an interest to prefer this Interpretation of that Statute before the Other that so they might the better Exalt their Own Power by it Let this also be supposed But still I hope the Convocation its self had no interest to joyn with them in this design and to help by a wrong interpretation of this Act to bring themselves into Bondage That next to the King the Convocation may be accounted as well Qualified to understand the true Sense of a Statute which it so nearly concern'd them to look into as any Private Critick I believe no Modest Man will deny Our Author I am sure has too Great a Veneration for that Learned Body to doubt of their Ability I had almost said Authority to Expound an Act of Parliament Let him therefore tell us What Convocation has there been ever since this Act was made that has ever refused the King's Licence sent to them in pursuance of it Or has Protested against it Or has ventured to proceed to Conferr Deliberate and Make Canons without the King's Licence first Obtain'd to Warrant them so to do That our Kings have constantly sent their Commissions to them to keep them from falling under the Censure of this Statute We are very sure That Our Convocations have evermore thankfully received these Commissions and proceeded to Act under the Authority of Them cannot be deny'd That they have refused to Act till they Received the King's Licence and when they have suspected that the date of it was determined have insisted upon having a New One sent to Them we can prove beyond any Reasonable Exception But that ever any Convocation Rejected such a Licence or presumed to Act without it from the time that this Law was made I have never heard nor can this Gentleman I believe give me an Instance of Either I conclude therefore that supposing there were indeed a just Ground to doubt of the meaning of this Statute which yet I must again prosess to my Apprehension there is not yet still That Sense of it which has Obtain'd ever since it was made according to which Our Kings have for above 150 Years proceeded to Give such Licences as we now contend for to their Convocations And their Convocations have continued to accept of and to Act by them Which our Greatest Lawyers have declared themselves in favour of and which no Man that I know of besides this One Author has ever pretended to call in Question I say that Sense which has all these Advantages and is in its self most agreeable to the Words of the Act and the Occasion that was given to the making of it ought in all Reason to be preferr'd to any new Construction that can be set up against it tho' such construction might in some measure be made of the Words of the Law and afford some shew of Reason to enable a Witty Man to talk very plausibly in favour of it Whether these Considerations will seem sufficient to this Author to justifie the Old Received Sense of this Statute I cannot tell nor do's the King's Authority depend so much upon it that I should need to say any more to it That without his Writ the Convocation cannot Meet this Gentleman
either did or said when he was of Council for his Majesty but for Other Tenets Elsewhere and at Other times advanced by Him And therefore pray his Assistance according to his Coronation Oath and as He desired to avoid the Censures of the Church The Clergy thus proceeding the Lords and Judges of the Realm at the Instance of the House of Commons address also to the King and desire him by vertue of his Coronation Oath that He would assert his Temporal Jurisdiction and protect Standish in the Great peril in which He was against the Malice of the Clergy who evidently Objected to him the same Tenets which He had defended in Right of the King's Authority Being thus applied to on Both sides the King first consults with Dr. Veysey Dean of his Chapel and having had his Opinion orders the Justices of his Courts and his Own Council both Spiritual and Temporal with several Members of the Parliament to meet at the Black-Fryars and there to take Cognizance of the Cause between Standish and the Convocation and to hear what Standish had to say for himself in answer to the Points objected to Him The Cause is heard and in conclusion Standish is acquitted and the whole Convocation judged to have incurred a Praemunire by their Citation and Prosecution of Him Upon this the King comes himself to Baynards Castle all the Bishops and a Great Part of the Parliament with the Judges attending upon Him Being sate Woolsey as Cardinal and in high favour with the King first applies to Him in behalf of the Convocation and prays that the Cause might be Referr'd to the Judgment of the Court of Rome This was seconded by Warham Archbishop of Canterbury in the name of All the Clergy and much was Argued for and against This. At length the King deliver'd himself to this Effect to them That by the Order and Sufferance of God He was King of England and as such would maintain the Rights of his Crown and his Royal Jurisdiction in as ample a manner as any of his Progenitors had done before Him Then he commanded the Convocation to dismiss Standish which accordingly they did And were content for that time to let the Royal Supremacy get the better of the Spiritual Jurisdiction CHAP. VI. Some Rules laid down by which to judge for what Causes and at what times Synods ought or ought not to be Assembled And the Reasons suggested by the Author of the Letter c. to prove a Convocation to be at this time Necessary to be held Examined and Answer'd HItherto we have been stating the matter of Right between the King and the Convocation And if I do not very much deceive my self I have plainly made it appear against the Author of the Late Letter to a Convocation-Man that that Venerable Body have neither any Right to Meet nor Power to Act but as the King shall Graciously Allow them to do But now having Asserted this in Vindication of the Prince's Prerogative I must not forget what I have before confess'd as to this matter and see no Cause yet to Retract viz. That His Majesty both as a Christian and a King is Obliged to permit his Clergy to Sit and Act whensoever he is perswaded that the Necessities of the Church require it and it would be for the Publick Good of his People that They should do so And tho' 't is true the Law has intrusted Him with the Last Judgment of this and without which it would be impossible for him to maintain his Supremacy in this Respect yet certainly He ought to be by so much the more careful to Consider the Interest of the Publick by How much the Greater the Trust is which the Publick in Confidence of such his Care has Reposed in Him It must be confess'd indeed that our present Author has neither taken a very proper Method of communicating his Advice to the King nor done it in such a Manner as if He design'd to perswade either the King or his Ministers to pay any Great Deference to his Judgment On the contrary it appears that in all that he has said he intended rather to Reflect upon the Administration of Affairs and to raise discontents in Mens Minds against the Government than to do any Service either to Religion or the Church But however I will consider nevertheless what he has alledged to shew That our present times call for a Convocation and that the King ought not any longer to prevent their sitting The Question to be examin'd is thus proposed by Him What Occasion there is at present for a Convocation And his Answer to it is Short and Vehement full of Warmth as being I suppose design'd to Enflame That if Ever there were need of 〈◊〉 Convocation since Christianity was Establish'd in this Kingdom there is need of One Now. To clear this Point and see how well this Author makes Good so bold an Assertion I shall take this Method 1st I will lay down some General Rules by which we may the better Judge at what Times and in what Cases it may be either necessary or expedient for a Prince to call a Convocation And then proceed 2dly To Consider What this Gentleman has offer'd to prove the Necessity of a Convocation under our present Circumstances to be so exceeding Great and Urgent as He pretends it is I. That Synods may in some Cases be as Useless to the Church as in Others they are Expedient Every Man 's Own Reason will tell him And that such Times may happen in which they may be apt to prove not only Useless but Hurtful we have not only the Experience but the Complaints of the Best Men to convince us It was a severe Judgment which Gregory Nazianzen pass'd upon the Synods of his Time and is the more to be Regarded because it was the Result of a frequent Tryal and a sad Observation That He fled all such Assemblies as having never seen any One of them come to a Happy Conclusion or that did not Cause more Mischief than it Remedied Their Contention and Ambition says he is not to be Express'd And a Man may much easier fall into Sin himself by judging of Other Men than He shall be able to Reform their Crimes There is scarce any thing in Antiquity that either more Exposed our Christian Profession heretofore or may more deserve our serious Consideration at this day than the Violence the Passion the Malice the Falseness and the Oppression which Reigned in most of those Synods that were held by Constantine first and after him by the following Emperours upon the Occasion of the Arian Controversy Bitter are the Complaints which we are told that Great Emperour made of Them The Barbarians says he in his Letter to One of Them for fear of Us Worship God But we mind nothing but what tends to Hatred to Dissention in One word to the Destruction of Mankind And what little Success other Synods have oftentimes
unwilling to believe it tho' all the while it is apparent that by that very Insinuation they hope to make it stick the more they think they have done their Business They have Guarded themselves against being called to account for it by Men and I am Afraid they never once think what Account they must give for it to God It is by this little Artifice that this bold Writer has presumed to vent such Calumnies against the Greatest and best Men as had they really been true could hardly have been Reported without a Crime Has traduced the King as a Man of No Religion but particularly as no Friend to the Church of England The Arch-bishop as either Ignorant of the Churches Interests or too much a Courtier to trouble the King about them The Bishops as Men that value not what becomes of the Church so long as they can but keep their Honour and their Dignity in the State The Inferiour Clergy as full of Discontents and Dissatisfaction as Persons who have been ill used and resent it accordingly And lastly even the Parliament its self as a Body that has never yet done any thing in favour of Religion nor that seems at all disposed to do any thing for the Advantage of it And when such is the Case of all these what wonder if he freely declares his Apprehension of a General Conspiracy of all Sorts of Men among Us to undermine the Catholick Faith so that it is much to be feared no Order no Degree or Place among Us is wholly free from the Infection It would be endless for me to insist upon these and the like Reflections which He seems industriously to have catcht at in every Part of his Letter I shall instead of all examine the Story with which he concludes it and so take my Leave of Him There was says He a Time when the Clergy was deem'd Publick Enemies and us'd as such viz. in the Reign of Edw. 1. but it was upon a very Honourable Account because they Asserted the Laws of the Realm The King at that Time did by Commission against the ancient Laws and Customs of the Kingdom pretend to collect Money without the Assent of Parliament not from the Clergy only but from the Earls Barons and Commonalty of the Realm The Latter did too many of them submit the Clergy stoutly Resisted it So that Sir Robert Brabazon the King ' s Chief Justice pronounced openly in the King ' s Bench in terrorem that from thenceforth no Justice should be done at their Suit and that Justice should be done against Them in the King's Courts at any Man's Suit This Passage I mark'd when I first read the Institutes as a very extraordinary one 't is pag. 529. 2 Inst I suppose you will think it so too and that England was then bless'd with a Righteous Chief Justice This is the Fable and the Moral of it is not difficult King William is the Edward here meant The present Clergy are like those here mention'd deem'd Publick Enemies but upon a very Honourable Account because they Assert the Laws of the Realm that is stand up for Another Interest and are Enemies to the Present Government For this they are not only Deem'd Publick Enemies but are Used as such Some of them have been turn'd out of their Preferments Others have been Discountenanced and not Preferr'd according to their Deserts because they also have Honourably stood up for the Laws of the Realm that is for another Interest tho' they have again and again sworn Obedience to the Present Government and some of them tho' sore against their Wills even Subscribed the Association in Defence of it To say nothing of Others who were the most forward and busie of any in the Kingdom to help on the Revolution and to establish that Government they now dislike And this they have done at the same time that the Laity have too many of them submitted And will I hope shew that they are Able to defend the Government which they have established against all the Enemies of it tho' they are never so much censured and reviled by these new Patriots for their so doing Having thus accounted for this Story as related by this Gentleman and that too imperfectly from Sir Edw. Cook Whose Authority in point of History he is willing to allow of tho' He cannot Away with it in a Point of Law I shall in Justice to the Memory of that Great Prince and most worthy Judge give a true Account of this whole Matter And let this Author if He pleases make as pertinent an Application of it for me as if I am not mistaken I have done for Him King Edward the 1st having exhausted his Stores in the War of Scotland and that with Great Honour to Himself and Advantage to the Nation call'd his Parliament at St. Edmundsbury the Day after All Souls and accounted his Circumstances to Them The Laity readily Granted him a Subsidy as desired but the Clergy pretending their Fear of the Pope's Bull deny'd in any wise to assist Him Pope Boniface the VIIIth being desirous to advance the Liberties of the Church had the Year before publish'd a Constitution by which he sorbad the Clergy to pay any Taxes to their Prince without the Pope's Consent and Excommunicated as well the Receivers as Payers of such Taxes This was the Bull which these Good Men stood upon and this that Pope publishd at the particular Desire of Robert Winchelsea Arch-bishop of Canterbury and of the Rest of the Clergy of England The King tho' he were sufficiently sensible of their jugling and displeased at it nevertheless gave them time till the next Parliament to consider what they had to do and how to make some better and more satisfactory Answer to Him But in the mean time He caused all their Stores to be sealed up And the Arch-bishop to be even with Him at the same time order'd this Bull of the Pope to be publish'd in all the Churches of his Province The next Parliament being met at London the Day after Hilary the King again demands a Supply of them They persist in their Denyal and the King thereupon puts them out of his Protection And holding his Parliament with his Barons without them an Act is pass'd by which all their Goods are Confiscated to the King's Use. In this State the Clergy were when the Lord Chief Justice as my Lord Coke says Sir Robert Brabazon who was then Chief Justice not of the King's Bench but of the Common-pleas declared to the Attorneys of the Bishops and Clergy what the King and Parliament had done He bade them acquaint their Masters That from thenceforth no Justice could be done for them in the King's Court tho' they should be never so much injured but that Justice might be had against Them by any who had need and would move it to the Court. Now this was no more
hoc sicut Nos Honorem nostrum vestrum nec non Communem Regni nostri tranquilitatem diligitis nullatenus Omittatis Teste meipso xiiii Decemb. Anno Regni nostri 49. §. 2. Cl. 23. Ed. 1. M. 4. Dors. Rex venerabili in Christo R. eadem gratia Cantuariensi Arcihepiscopo totius Angliae Primati salutem Sicut lex justissima provida circumspectione sacrorum Principum Stabilita Hortatur statuit ut quod omnes tangit ab omnibus approbetur sic innuit evidenter ut communibus periculis per Remedia provisa communiter obvietur Sane satis nostis jam est ut credimus per universa mund Climata divulgatum qualiter Rex Franciae de terra nostra Vasconiae nos fraudulenter cautelose decepit eam nobis nequiter detinendo â—unc vero predictis fraude nequitia non contentus ad expugnationem Regni nostri classe maxima Bellatorum copiosa multitudine congregatis cum quibus Regnum nostrum Regni ejusdem incolas hostiliter jam invasit linguam Aâ—glicam si concepte iniquitatis proposita detestabili potestas correspondeat quod Deus avertat omnino de Terra delere proponit Quia igitur previsa jacula minus ledunt Res vestra maxime sicut ceterorum Regni ejusdem Concivium agitur in hac parte Uobis mandamus in fide dilectione quibus nobis tenemini firmiter injungentes quod die dominica proxima post festum S. Martini in hyeme proximo futurum apud Westminster personaliter intersitis PRAEMUNIENTES Priorem Capitulum Ecclesie vestre Archidiaconum totumque Clerum vestre Dioecesis facientes quod iidem Prior Archidiaconus in propriis personis suis dictum Capitulum per unum idemqon Clerus per duos Procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulo Clero habentes una Uobiscum intersint modis omnibus tunc ibidem ad Tractandum Ordinandum Faciendum Nobiscum cum ceteris Prelatis Proceribus aliis Incolis Regni nostri qualiter sit hujusmodi periculis excogitatis Maliciis obviandum Teste Rege apud Wengeham xxx die Septembris §. 3. The last Clause of this Writ as it was settled 15 Ed. 2. compared with the same as it is now 15 Ed. 2. PRAEMUNIENTES Priorem Capellanum Ecclesie vestre Cant. Archidiacon totumque Clerum vestre Diocesâ— quod iidem Prior Archidiacon in propriis Personis suis dictum Capellanum per Unum Idemque Clerus per duos Procuratores Idoneos plenam sufficientem potestatem ab ipsis Capellano Clero habentes una Uobiscum intersint modis omnibus tunc ibidem ad faciendum consentiendum hiis que tunc ibidem de Communi Consilio favente Deo Ordinari contigerit super Negotiis antedictis Et hoc nullatenus Omittatis Teste meipso 13 Elizab. PRAEMONENTES Decanum Capitulum Ecclesie Uestre Cant. ac Archidiacon totumque Clerum vestre Dioeces Quod iidem Decanus Archidiacon in propriis personis suis ac dictum Capitulum per Unum Idemque Clerus per duos Procuratores Idoneos plenam sufficientem Potestatem ab ipsis Capitulo Clero divisim habentes predictis die loco personaliter intersint ad Consentiendum His que tunc Ibidem de Communi Consilio dicti Regni nostri divina favente Clementia contigerint Ordinari Teste Meipsa III. The Forms of the Convocationwrits before and since the Reformation REX c. Reverendissimo in Christo Patri A. Cantuariensi Archiepiscopo totius Angliae Primati Apostolicae Sedis Legato salutem Quibusdam arduis urgentibus Negotiis Defensionem Securitatem Ecclesie Anglicanae ac Pacem Tranquillitatem Bonum Publicum Defensionem Regni nostri Subditorum nostrorum ejusdem concernentibus Uobis in fide dilectione quibus nobis tenemini Rogando mandamus quatenus premissis debito intuitu attentis ponderatis universos singulos Episcopos vestre Provinciae ac Decanos Praecentores Ecclesiarum Cathedralium Abbates Priores alios Electivos Exemptos non Exemptos Nec non Archidiaconos Conventus Capitula Collegia totumque Clerum cujuslibet Dioeceseos ejusdem Provinciae ad Conveniendum coram Uobis in Ecclesia S. Pauli London vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari faciatis Ad tractandum consentiendum concludendum super Premissis aliis que sibi clarius proponentur tunc ibidem ex parte nostra Et hoc sicut nos Statum Regni nostri Houorem Utilitatem Ecclesie predicte diligitis nullatenus Omittatis Teste Meipso §. 2. Elizabetha Dei Gratia c. Reverendissimo c. Salutem Quibus dam arduis urgentibus Negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac Pacem Tranquillitatem Bonum Publicum Defensionem Regni nostri Subditorum nostrorum ejusdem concernentibus Uobis in fide dilectione quibus Nobis tenemini Rogando Mandamus quatenus premissis debito intuitu Attentis Ponderatis Universos Singulos Episcopos vestre Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Clerum cujustibet Dioecesis ejusdem Provinciae ad comparendum coram Uobis in Ecclesia Cathedrali S. Pauli London tertio die Aprilis proxime futuri vel Alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari faciatis Ad tractandum consentiendum concludendum super Premâ—ssis Aliis que sibi Clarius exponentur tunc ibidem ex parte nostra Et Hoc sicut Nos Statum Regni nostri ac Honorem Utilitatem Ecclesie predicte diligitis nullatenus Omittatis Teste meipsa apud Westm. xvi die Februarii Anuo Regni nostri tertio decimo IV. An Act concerning the Submission of the Clergy to the King's Majesty 25 H. 8. c. 19. WHere the King 's most Humble and Obedient Subjects the Clergy of this Realm of England have not only knowledged according to the Truth that the Convocations of the same Clergy are always have been and ought to be Assembled by the King 's Writ but also submitting themselves to the King's Majesty have promised in verbo Sacerdotii that They will never from henceforth presume to attempt alledge claim or put in ure or enact promulge or execute any New Canons Constitutions Ordinance Provincial or Other Or by whatsoever Name they shall be called in the Convocation unless the King 's most Royal Assent and Licence may to them be had to make promulge and execute the same and his Majesty do give his most Royal Assent and Authority in that Behalf Be it therefore now Enacted by Authority of this present Parliament according to the said Submission and Petition of the said Clergy that They ne Any of Them from henceforth shall presume to attempt alledge
of the Church of England already establish'd 5. Provided also and our express Will Pleasure and Commandment is That the said Canons Orders Ordinances and Constitutions Matters Causes and Things or any of them so to be by force of these presents consider'd consulted or agreed upon shall not be of any Force Effect or Validity in the Law but only such and so many of them and after such Time as we by our Letters Patents under our great Seal of England shall allow approve and confirm the same Any thing before in these Presents contain'd to the contrary thereof notwithstanding In Witness whereof we have caused these our Letters to be made Patent Witness our self at Westminster the 15th Day of April in the xvith Year of our Reign Per ipsum Regem Willis The Canons and the King's Declaration in Confirmation of them made hereupon are already extant in Sparrow's Collection pag. 335. VI. A Specimen of Convocations anciently held without Parliaments or at different Times from Them till the latter End of King Henry viiith's Reign ANno 1297. The Convocation sate March 26 But the King was then absent upon his Expedition in Scotland and held not his Parliament till the End of the Summer first at Berwick and after that at St. Edmunds-bury November 3. Wals. p. 68. Anno 1316. 9. Ed. 2. The Writ of Summons to the Convocations bears date Febr. 17. to meet post xv Pasch. The Parliament was summon'd the 16 Octob. before to meet in Quinden S. Hilarii Anno 1328. The Convocation was held at London the Fryday after the Purification The Parliament was held at Winchester the first Week in Lent after Wals. p. 129. Anno 1342. The Convocation met Oct. 10. But I do not find that any Parliament sate that Year Anno 1408. A Convocation and Parliament The Dates I have not But the former met at Oxford the latter at Gloucester Anno 1413. The Convocation met on Trinity Sunday The Parliament sate May the 15th being the Third Week in Easter foregoing Anno 1417. The Convocation met November 6. The Parliament sate not till November 16th Anno 1439. The Convocation met November 1. I find not any Parliament that Year Anno 1463. The Parliament sate April the 29th The Convocation met not till July 6. Anno 1466. The Convocation sate April 26. I find no Parliament this Year Anno 1486. The Convocation met February 13 The Parliament sate November 7. foregoing Anno 1538. A Convocation No Parliament Thus stood this matter till about the End of King Henry viiith's Reign Since which excepting in the Case of the Convocation of 1640 it has I think been the usual Custom for the Convocation to sit only in Time of Parliament VII An Abstract of several things relating to the Church which have been done since the 25 H. 8. by Private Commissions Or Otherwise out of Convocation 25 H. 8. THirty two Persons Appointed to Review c. the Canons of the Church and to Gather together out of them such as should from thenceforth alone be of force in it See the Act. c. 19. 1536. Injunctions by the King Bishop Burnet Hist. Ref. pag. 225. Order for the Translation of the Bible Ibid. pag. 195 249 302. 1538. New Injunctions Ibid. 249. Explication of the chief Points of Religion publish'd at the Close of the Convocation but not by it Ibid. p. 245. 1539. A Committee of Bishops appointed by the Lords at the King's Command to draw up Articles of Religion Ibid. p. 256. The vi Articles on which the Act passed brought in by the Duke of Norfolk and wholly carried on by the Parliament Ibid. p. 256 c. 1540. A Committee of Divines employed to draw up The necessary Erudition of a Christian Man Ibid. p. 286. Another Commission appointed to examine the Rites and Ceremonies of the Church Ibid. p. 294. 1542. The Examining of the English Translation of the Bible being begun by the Convocation is taken by the King out of their Hands and committed to the two Universities Ibid. p. 315. 1544. The King orders the Prayers for Processions and Litanies to be put into English and sends them to the Archbishop with an Order for the Publick Use of Them Ibid. p. 331. King Edward VI. 1547. The King orders a Visitation over his whole Kingdom and thereupon suspends all Episcopal Jurisdiction while it lasted Bishop Burnet Hist. Ref. Vol. II. p. 26. The Homilies composed Ibid. p. 27. Articles and Injunctions set forth p. 28. 1548. New Injunctions Ibid. Append. p. 126. An Order of Council for Removing Images Ibid. p. 129. Directions by the Council to the King's Preachers Ibid. p. 130. A Committee of Select Bishops and Divines appointed to Examine and Reform the Offices of the Church Ibid. Hist. p. 61 71. A new Office of Communion set forth by them Ibid. p. 64. This made way for the Act of 1548. p. 93. and 1551. Ibid. p. 189. 1549. An Order of Council forbidding Private Masses Ibid. p. 102 103. The Forms of Ordination Appointed by Act of Parliament order'd to be drawn up by a special Committee of Six Bishops and Six Divines to be named by the King Ibid. p. 141 143. 1552. The Observation of Holydays order'd by Act of Parliament Ibid. p. 191. 1553. A new Catechism by the King's Order required to be taught by Schoolmasters Ibid. p. 219. Queen Elizabeth 1559. The Queen's Injunctions q. v. Ibid. p. â—98 King James I. 1603. The Conference at Hampton-Court Fuller Ch. Hist. p. 21. 1607. An Order for a new Translation of the Bible the King directs the whole Process of it Ibid. p. 44. c. 1618. A Proclamation by the King concerning Sports and Recreations to be allow'd of on the Lords-Day Ibid. p. 74. King Charles I. Directions concerning Preaching with respect to the Arminian Points I have set down these Remarks in this and the foregoing Number for the most part as they lay in my Collections and I hope they are Exact Tho' at present I have not either Time or Opportunity to make so careful an Examination as I ought to do of several of Them FINIS Books printed for Richard Sare at Grays-Inn-Gate in Holborne THE Genuine Epistles of St. Barnabas St. Ignatius St. Clement St. Polycarp the Shepherd of Hermas c. Translated and published in English 8 â— A Practical Discourse concerning Sweâ—ring 8 o. A Sermon on the Publick Thanksgiving for Preservation of his Majestie 's Person These three by the Reverend Dr. VVake Also several Sermons upon several Occasions By Dr. VVake Fables of Aesop and other eminent Mythologists with Morals and Reflections Folio Erasinus Colloquies in English 8 o. The Visions of Dom. Froncisco de Quevedo 8 o. The three last by Sir Roger L'Estrange Epiâ—â—eâ—u's Morals with Simpliciâ—â—'s Comment translated by Mr. Stanhope 8 o. Compleat Sets consisting of 8 Volumes of Letters writ by a Turkish Spy who lived 45 Years undiscovered at Paris 12 o Humane Prudence or the Art by which a man may raise himself