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england_n	lord_n	majesty_n	seal_n	3,128	5	8.9661	4	false

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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

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

their Duty to God and the Church as not to have let the Laws loose upon such Offenders if they knew them And till they do so this Censure of Dr. Wakes must pass for a Scandalous Reflection both on their Lordships and his Brethren But this is the Ordinary Cry of Designing Writers who from hence raise to themselves a Character of Impartiality of a singular Integrity and Courage Their Own Vertues also shine to advantage upon such a Comparison and withal they intimate by it how fit they are to be advanced to a Post wherein they may correct such Enormitys And when that happens it will make some Amends or Excuse for their not effectually doing the Duty of their station if to their Complaints about the Lives of Churchmen they add others concerning the Church it self and say that even her Canons and Constitutions want reforming Dr. Wake seems to have hinted His Opinion in the case already where he says that the Church of England has a Peculiar Veneration for the Discipline and Doctrine of the Primitive Church beyond most Churches in the World † Pref. p. 4. Beyond most Churches why what Churches in the world have more or so much where are they planted what are their Names Is it the Scotch the French or the Dutch Church he means is it a Church with Bishops or without them Let him speak out and tell us the Church that has a truer or even so true a Regard for the Doctrine and Discipline of the Primitive Church as the Church of England has and then we shall know by what Model she is to be reformed and withall be let perhaps into the secret Reason of the Present Disuse of Convocations Grotius though a Forreigner would have taught him better Language Nullibi atque in Angl● says he tantus honor piae defertur Antiquitati † Ep. 2. Should not an English Divine speak of our Constitution with at least as much respect as a Dutch Layman The Liberty Dr. W. has taken in his Censures is considering his Present Rank in the Church a little too early nor will the Pattern he follows in it justify him My Lord of Sarum indeed may freely have tax'd the Vices of the Clergy even in Books where he was defending the Orders of the Church of England or the Truth of the Christian Religion His High Station is his Warrant for whatever he has done of this kind lately and a Bar to all manner of Reply And his Former Reprehensions should they have been somewhat too Free are capable of this Excuse that being a Stranger he might not then have throughly acquainted himself with the state of our Church or the Characters of its Members And if he saw faults in them it was not to be expected that he should conceal them with the same Tenderness as if he had had his Birth and Breeding amongst them But Dr. Wake is neither Above those he reproves nor has drawn a different Air from them He was Baptiz'd and Educated in Our Communion and receiv'd his first Impressions of Men and Things in an University a Place that has not been thought apt to instill into its Members a Disesteem of their Holy Mother or a love of blackening and betraying their Brethren Methinks Men who talk so much of Moderation and Temper would do well to shew it in allowing a Common share of those Good Qualitys to some of their Neighbours who can be contented well enough without Titles but are however very loth to be stript of their Good Names The Comfort of such Good Men whom his General and Undistinguishing Censures have thus aspers'd must be to say to themselves as St. Cyprian once did Neque nobis Ignominia est pati à fratribus quae passus est Christus nec illis Gloria est facere quae fecerit Judas It was the Abhorrence I had of this Unworthy Treatment which the Reputation and Rights of the Order have found from Dr. W. and of the Slavish Tendency of his Principles in respect both to Church and State that gave me Resolutions of exposing the Weakness and Insincerity of his Attempt and of doing Right to Truth and an Injur'd Constitution He has modestly wish'd this Argument a Better Hand and a Better Head † Pref. p. VI. than his Own How far in these respects I am fitted for the Service I cannot say However One Quality there is unmention'd by Him but no less requisite than either of these a Better Heart I mean and that I am sure I have brought along with me to the Work and should there be further Occasion for it I trust that it will not fail me The Dr. I do not doubt considering on which side he wrote thought himself as secure in his Defyance as a Crown-Champion at a Coronation and that No body would have been hardy enough to take up the Gaunt let he threw down Something of this kind seems to have been in his Thoughts when he said that the Gentleman he attacks had written in such a manner as would not he suppos'd at all encourage any one to stand up in defence of him † Ib. p. 1. But in this as well as in a Thousand Other things he finds his Mistake There are he sees Those who will not desert Truth when it grows out of fashion and have Courage enough to espouse a Good Cause though Great Names and Great Interests are made use of to discountenance it Not that the Author of these Papers is concern'd any ways to vindicate the Manner of that Gentleman 's Writing whom the Doctor engages it is his Argument only that he undertakes to defend in which he thinks him to have dealt both Skilfully and Honestly professes himself freely to be of his Opinion has reasserted it here in this Book and will by the Divine Assistance go on to maintain it He matters not what Dirt may be thrown at him on this account he expects to traduc'd by little Officious Pens and by Dr. Wake 's the least of them as Disaffected and Undutyful But as he is satisfy'd of the Uprightness of his Intentions and knows how full his Heart is of Duty and Respect toward Those whose Characters ought always to be and shall ever be Sacred with him so he thinks he has taken a very proper way of expressing it in what follows where it seems to him that he pleads for his Majesty's Honor and my Lord Archbishop's Interest more effectually than they can pretend to do who differ from him It is certainly for the Honor of the Crown to be attended always with the Great Council-Spiritual of the Realm as well as Temporal and my Lords Grace of Canterbury is never so Considerable as when he is at the Head of the Clergy of his Province The Author is perswaded that he cannot make a more wellcome Present to good Governors either in Church or State than by affording them a True Account of the Wants and Rights of such as are entrusted to

to have been so us'd in other places he would scarce have mended a corrupt Reading by the Use of it here for he was not like some small Dablers in Antiquity that make two mistakes always when they pretend to mend one but a very sure as well as a very modest Writer This short Digression was but necessary to repress Dr. W's indiscreet Vanity who has ventur'd to decide peremptorily upon the use of a Saxon Word though I believe he understands as little of that Tongue as he does of the true state of this Controversy and has usher'd in his Critical Remark with Language of good Assurance I am confident says he that this Gentleman will be hard put to it to bring any Author c. Confidence let me tell him even where Men are certainly in the right is not over becoming but where they are as certainly in the wrong and are reprehending others that are in the right there no Quality whatsoever sits so ill upon a Man or looks so untowardly Some Saxon Friend I suppose had blown Dr. W. up into this Degree of Assurance and were not Mr. Nicholson a little too distant to Impart I should pitch upon Him to this purpose as soon as any Man For the Assertion is all over like One of his both as to the Assuming Air and the Mistake of it I have given the Reader one proof of this kind before † P. 313. and since Skill in Saxon happens to be here once again my Theme shall take this Opportunity to add another Mr. Nicholson † Hist. Lib. Vol. 2 p. 112. professes himself not satisfy'd with the Opinion of Cambden Lambard Spelman and generally of All our English Antiquaries and Historians that there were in this Kingdom before the Conquest three Codes or Digests of Laws which from the several Countrys where they first prevail'd were rightly term'd the West Saxon the Mercian and Danish Laws This Conceit of theirs he imputes to a Mistake of Laga in the Words Westsaxenalaga Myrcenalaga and Danelaga for Law whereas it signifys he says a Country or District Very Decisive indeed But one would have thought that the Great Council of the Realm which in H. the I's Reign re-enacted and enlarg'd the Confessors Laws should have understood the Saxon Tongue and Times pretty well and yet they tell us Regnum Angliae tripartitum est in West Saxones in Mercenos Dacorum Provinciam Legis etiam Anglicae trina est Partitio ad eandem distantiam * Ll. H. I. p. 182. and again Legis etiam Anglicae trina est Partitio ad superiorem modum Alia enim West Saxiae alia Mercena alia Denelaga est † Ib. p. 180 A Particular account is given of the several Shires in which each of these Laws obtain'd by Iorvallensis † X Script col 956. who though he had no great share of Latin is known to have understood both our Saxon Tongue and Antiquitys perfectly well Or if his skill should be doubted yet sure Gervase of Tilbury's cannot and thus he writes concerning the Conqueror Propositis Legibus Anglicanis secundum tripartitam eorum distinctionem h. e. Merchenlage Denelage West-Saxonlage quasdam reprobavit quasdam autem approbans Transmarinas Normanniae Leges adjecit ‖ L. 1. c. 29. And as to the Use of the Word Laga a Charter of H. I. drawn but Fourteen Years after the Conquerors death will sufficiently clear it There this passage occurrs Lagam Regis Edwardi vobis reddo cum illis Emendationibus quibus eam pater meus emendavit * Archaion p. 176. M. Par. ad ann 1100. Does Laga here signify the Confessors Law or his Country Whether all this Old Evidence laid together may be allow'd to outweigh our Librarians New Guess must be left to the Reader If it does it will be apt to raise in him no very advantageous Opinion either of Mr. Nicholson's Skill in these particular matters or of his Modesty in any But to resume our Argument We are told further that K. Iames the I. in his Declaration prefix'd to the XXXIX Articles and published with them doth declare That he is Supreme Governor of the Church of England and that if any difference arise about the External Policy concerning Injunctions Canons or other Constitutions the Clergy in their Convocations is to order and settle them having first obtain'd Leave under our broad-Broad-Seal so to do † L. M. P. p. 41. If King Iames declar'd this he declar'd it some Years after he was in his Grave for the Declaration meant came not out till 1628. But let the Doctrine be whose it will it is very good Leave under the Broad-Seal it is confess'd must be had to order and settle any difference arising about Old Canons and Constitutions for that is in effect to make New ones but for any other Acts previous to this Ordering and Setling such a Leave is not necessary nor does the Declaration say it is though there are some words that look a little more this way than any of those produc'd by this wise arguer for it follows Out of our Princely Care that Church-men may do the Work which is proper for them the Bishops and Clergy from time to time in Convocation upon their humble desire shall have a License under our Broad-Seal to deliberate of and to do all such things as being made plain by them and assented unto by Us shall concern the setled continuance of the Doctrine and Discipline of the Church of England Establish'd from whence we will not endure any Variance or Departing in the least Degree This latter Clause must be explain'd by the former where the Doctrine in this point is professedly sta●ed and there a Leave only to order and settle is made necessary Besides even here Deliberating is not to be separated from Doing nor a Leave suppos'd requisite for the one but as it is to end in the other This is a Form of Expression founded on the License practis'd in 1603 which I have already accounted for And now nothing I think that carrys the Face of an Objection has escap'd me unless it be a small Remark made by Dr. W. on the Form of the Convocation-writ wherein the King he says reserves to himself the Priviledge of naming the Subject which they are to Deliberate and Resolve upon † P. 111. 'T is true in another place he tells us with his usual Consistency that he does not found his Opinion of the Necessity of a License upon the Form of this Writ † P. 287. however even there he affirms this Writ plainly to imply that some such License is to be expected from the King † P. 287. and though therefore his Opinion be not founded on the Writ yet he thinks it is mightily strengthned and countenanc'd by it But this is a Construction that no man living could have made of it that had a true Understanding either of the Writ it self

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