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A44094 Some thoughts on a convocation and the notion of its divine right with some occasional reflections on the defence of the vindication of the deprived bishops. Hody, Humphrey, 1659-1707. 1699 (1699) Wing H2346; ESTC R37493 30,786 42

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be produced Though I think this latter is an Argument of far less Authority than the former and if there had been Instances of Convocations like ours in the Apostles Days yet this would not prove their Divine Right unless there could be shew'd a Command of God for it for a great many Examples have not the force of Precepts even in Scripture it self but are of an inferiour Nature and serve for no other Purpose than to direct what may be most proper to be done in like Cases As the Order of Deaconesses and others tho' as early as the Apostles Age is now wholly laid aside The end of its Institution ceasing which was to instruct the younger Women in the Faith when there were stronger Reasons for the abolishing it Prudence is to judge how far such Examples are to be followed Now whether this Notion of a Divine Right has any Foundation in Scripture or can be grounded upon any Examples in the Primitive Church or not it is past all Controversie that our Kings have an Authority devolved on them by our Laws and acknowledg'd as of Right belonging to them over our Convocations and that the Clergy neither have or can pretend to have by our Constitution the Liberty or Power to meet after that manner without their Assent This is very evident from the Writs by which they are summoned to assemble And as they cannot meet but by the King 's Writ so neither when met can they make any Canon or Constitution without his Licence and Approbation There is indeed a Convocation always summoned whenever a Parliament is called according to the ancient Constitution And hence some have thought That they ought to claim the same Right and Liberty to enact Laws for the Good of the Church as the other for the Advantage and Welfare of the State But the Case is very different the Reasons of calling the Clergy anciently every Parliament was upon a Political Account because they were then look'd upon as a Member of the Parliament and could not be taxt but by their own Grants But that Reason is now in great measure out of Doors And though they are still summoned that they may be ready upon all Occasions to advise and counsel the King in making Provisions for the Security of Religion and the Preservation of the Church yet as there is not always the same Necessity for their sitting and acting as for the Parliaments so the King is made the sole Arbiter of it But this Particular has lately been so fully and largely discussed by a very learned Pen that there is no need of farther Addition And indeed if we may stand to the Decision of the Laws of the Land this whole Controversie will soon be at an end For it is no difficult matter to be resolved about the Power the King is invested with by being Head of the Church and what Privileges are reserved for the Clergy by their own Suffrage and Decree in Convocation and by Act of Parliament The King by his Power is to call the Convocation they are to assemble only by his Writs they are to debate upon such Matters as he shall offer and are to constitute no Orders or make any Laws without his Consent This is very apparent from the Act of Parliament where the King 's humble and obedient Subjects the Clergy of this Realm of England have not only acknowledged according to the Truth That the Convocations of the same Clergy is always hath been and ought to be assembled only by the King 's Writ but also submitting themselves to the King's Majesty have promised in Verbo Sacerdotis That they will never from henceforth presume to attempt alledge claim or put in ure enact promulge or execute any new Canons Constitutions Ordinances Provincial or other or by whatsoever other 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 that His Majesty do give His most Royal Assent and Authority in that Behalf And where divers Constitutions Ordinances and Canons Provincial or Synodal which heretofore have been enacted and be thought not only to be much prejudicial to the King's Prerogative Royal and repugnant to the Laws and Statutes of this Realm but also over-much onerous to His Highness and His Subjects the said Clergy hath most humbly besought the King's Highness That the said Constitutions and Canons may be committed to the Examination and Iudgment of His Highness and of two and thirty Persons of the King's Subjects whereof sixteen to be of the upper and nether House of the Parliament of the Temporalty and other sixteen to be of the Clergy of this Realm and all the said two and thirty Persons to be chosen and appointed by the King's Majesty And that such of the said Constitutions and Canons as shall be thought and determined by the said two and thirty or the more part of them shall be approved to stand with the Laws of God and consonant to the Laws of this Realm shall stand in their full Strength and Power the King 's most Royal Assent first had and obtained to the same 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 claim or put in ure any Constitutions or Ordinances Provincial or Synodal or any other Canons Nor shall enact promulge or execute any such Canons Constitutions or Ordinances Provincial by whatsoever Name or Names they may be called in their Convocations in time coming which always shall be assembled by Authority of the King 's Writ unless the same Clergy may have the King 's most Royal Assent and Licence to make promulge and execute such Canons Constitutions and Ordinances Provincial or Synodal upon pain of every one of the said Clergy doing contrary to this Act and being thereof convict to suffer Imprisonment and make Fine at the King 's Will. They are indeed left at Liberty to give what Judgment they think fit upon such Matters as are offered to them and their Determinations and Decisions about them are solely in their own Breasts But they cannot have the Force of a Law unless he will be pleased both to approve and confirm them And this is the Nature of Ecclesiastical Synods amongst us by our Constitution And as this preserves the Authority of the Sovereign so does it not infringe the Liberty of the Clergy No Ecclesiastical Canons or Constitutions can be made without them Nothing can be accounted Heresie or censured as such but what by lawful Synods has been already condemned decreed to be such with the King's Consent by our own Convocations whose Acts have been ratified and confirmed by Parliament Thus tho' the Clergy can't by their own Power meet in Convocation nor decree or enact any Ecclesiastical Laws without the Sovereign