the Kings behalf The Affairs then which the Convocation is in general to debate about and consent to are the Urgent Affairs which concern the King the Church and the Realm And these therefore are the constant Introduction of every Convocation Writ But what those Affairs are with Reference to Any or All of These which every particular Convocation is call'd to consider That the King reserves to himself to declare to Them and they are when met to expect his special Direction and not to ramble after their own Fancies on any Matter within this general Compass without his Warrant It has indeed been questioned by a Late Author Whether this Clause was antiently inserted into these Writs and he would fain have it thought that herein also the Clergy have of late been encroach'd upon But the Forms of Publick Instruments are not so easily altered If they were we might rather have expected that some other Expressions which relate to those Privileges which the Clergy formerly enjoy'd but which have now for a long time been utterly laid aside should have been omitted or changed than this which is perfectly agreeable both to the Laws of the Realm and to his Majesty's Royal Prerogative in these Matters But indeed this Clause if not as antient as the Writ it self is yet of very great Antiquity And we have at this day Writs as far back as King Henry the Sixth's Time in which this Clause is found in the very same Words that it is continued in at this day But were there any doubt to be made concerning the Authority of this Clause yet that Method that has always been taken by the King to set the Convocation on Work would be more than enough to shew how intirely their Deliberations depend upon his Direction When the last Convocation under his present Majesty was met the King by his Principal Secretary of State sent his Commission to Them In which having taken notice of the Statute of Henry the Eighth before mentioned and the Obligation which was thereby laid upon Them not to proceed to any Business without his Licence first had so to do he does therefore in order to their proceeding with Safety to Themselves and pursuant to the true Purpose and Intent of that Law particularly declare upon what Points he allow'd Them to Consult and under what Conditions he gave them Authority so to do That they should consider of any Alterations which they thought proper to be made in the Form Rites or Ceremonies of our Divine Service That they should Review the Book of Canons Should consider What Defects or Abuses might be found in the Ecclesiastical Courts How the Manners both of the Ministers and People might more effectually be Reform'd And such Provision be made that None should hereafter be Admitted into Holy Orders but such as were duly qualified both in their Lives and Learning to be received into the same These are the Heads on which the Clergy of that Convocation were directed to debate And even upon these they were to deliberate under these following Restrictions 1st That the President and Greater Number of the Bishops were to be always present And 2dly That even upon these General Heads they should consider only such particular Points Matters Causes or Things as his Majesty should propose or cause to be proposed by the President of the Convocation to Them Such was the Commission by which the last Convocation was set on work And to prepare the particular Matters which the King reserved to himself to propose to Them and upon which alone They were allow'd to debate His Majesty some time before the Convocation was to meet appointed a Select Committee of the Bishops and Clergy to consult about the same Matters and to draw up such Resolutions as they should think most fitting for him to lay before the Convocation when it should be Assembled Nor was this any New Invention any Unusual Restraint laid upon the Clergy in these days of Doubt and Distrust but the constant Method which had before been pursued ever since the 25 Hen. 8. It cannot be deny'd but that whatever his present Majesty may in some Mens Opinions be said to be yet without all Question King Charles the First was a true Friend to the Episcopal Clergy Nor can it any more be doubted whether Archbishop Laud had not both Care enough to Examine into the Rights of the Convocation and Interest enough with that Prince to assert the Privileges of it Let us therefore to avoid all Exceptions in this Case enquire how things pass'd in that Famous Convocation of 1640 wherein much was done and great Offence given to those who Resolved not to be pleased with any thing that either that King or that Archbishop did but nothing that can justly be found fault with by such as we are now especially concerned if it may be to convince Now that Convocation being met by vertue of the same Writ that is still made use of in these Cases the King sent his Special Commission to them to impower them to Act bearing date April 15. 1640. In this Commission he first at large Recites the Statute of the 25 Hen. 8. as from the time that it was made it had always been the Custom in the like Commissions to do to shew the need they had of his Royal Licence and Assent to enable them to go on with safety in their Debates and Resolutions Having done this He in the next place prefaces the Permission he was about to grant to them with these very Words which ought not to be omitted Know ye therefore that We for divers urgent and weighty Causes and Considerations Us thereunto moving of our Especial Grace certain Knowledge and Meer Motion have by vertue of our Prerogative Royal and Supreme Authority in Causes Ecclesiastical given and granted and by these Presents do give and grant full free and lawful Liberty Licence Power and Authority to the most Reverend Father in God c. I shall not need to make any Remarks upon this Preamble which fully answers all the Pretences of those who fancy not only the Sitting but the Acting too of the Convocation to be a matter of Right naturally belinging to Them And that either no Commission at all is needful to Authorize them so to do or that if there be the King is of Course obliged to Grant it to them For first That without the King's Commission they cannot proceed to any Business of Themselves without Violating an Act of Parliament and encroaching upon the King's Prerogative Royol and Supreme Authority in Cases Ecclesiastical is here directly asserted And that such a Commission the King may lawfully Grant or refuse as he thinks convenient not only the constant Custom of our Princes in adjourning their Convocations excepting only at such times as they had something for them to do assures us but the very words of the present Commission directly imply For how came the King to grant this
Allowance to them Was it because they had a Right to demand it Or that He had no Right to refuse it Was it because it had always been Customary for them to Sit when the Parliament met and to have such a Commission sent to them as often as they sat Nothing of all this But for divers Urgent and Weighty Causes and Considerations Him thereunto especially moving Out of his especial Grace and meer Motion That he granted it by virtue of his Royal Prerogative and of that Supreme Authority in Causes Ecclesiastical which gave him the same Power over his Clergy that all other Christian Princes were wont to exercise over Theirs And which how Great it was as to these matters I have before particularly shewn But to go on with this Commission The King having thus asserted his Authority now by virtue thereof gives leave to that Convocation Always provided that the President and greater number of the Bishops were present during the Session of the Parliament then Assembled to Propose Confer Treat Debate Consider Consult or Agree upon the Exposition or Alteration of any Canon or Canons then in force and of and upon any such other New Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the Honour and Service of Almighty God the Good and Quiet of the Church and the better Government thereof to be from time to time observed fulfill'd and kept c. And further to Confer Debate Treat Consider Consult and Agree of and upon such other Points Matters Causes and Things as himself from time to time should deliver or cause to be deliver'd unto the said Lord Bishop of Canterbury President of the said Convocation under his Sign Manual or Privy Signet to be Debated Consider'd Consulted and Concluded upon This was the Business for which that Convocation sat and which they were accordingly licensed to enter upon But the Restrictions under which they were allowed to Act are yet more narrow than Those which his present Majesty laid upon our late Convocation For all this They were required to do not only under the same Conditions that I have beforeshewn were laid upon the Other but with these further Limitations namely That the said Canons Orders Ordinances Constitutions Matters and Things or Any of Them so to be Consider'd Consulted and Agreed upon as aforesaid should not be contrary or repugnant to the Liturgy Established or to the Rubricks in it or to the 39 Articles or to any Doctrine Orders and Ceremonies of the Church of England already Established Thus did this Prince give such Orders for the Proceedings of this Convocation as he thought expedient to be observed by Them And when for the more effectual suppressing and preventing of the Growth of Popery He resolved an Oath should be framed for the Clergy to take of their firm adherence to the Doctrine and Discipline of the Church of England And that a Canon should be drawn to enforce the taking of it He sent a new Order to them May 17 to empower them to enter on that Debate and to require them to Prepare and present such an Oath and Canon to Him But other Princes have gone yet farther than this They have not only prescribed to their Convocations what they should go about but have actually drawn up beforehand what they thought convenient to have Establish'd and have required them to Approve of it In the Convocation which met May 18 1 Jac. 1 The King sent his Letters with the Articles of 1562 to Them to be Approved and Allowed of by Them And to another Convocation about four Years after the same Prince signified to both Houses his Pleasure for Singing and Organ Service to be settled in Cathedral Churches without ever submitting it to their Judgment whether they approved of it or no. I shall conclude these Remarks with the Opinion which the Lower House of Convocation had of the Necessity of the King's Authority to Empower Them to enter with Security on their Debates about Matters of Religion in the first Year of King Edward the Sixth At the first Meeting of which we find this Order among some others made by them That Certain be appointed to know whether the Arch-bishop has obtain'd Indemnity for the House to intreat of Matters of Religion in Cases forbidden by the Statutes of this Realm to treat in But there is another Particular in which I have before shewn that Christian Princes had upon Occasion exercised an Eminent Authority over their Synods Whilst for the better Observance of the Orders which they gave to Them They asserted a Right either in Person or by their Commissioner to sit with and to preside over Them That our Kings heretofore did meet and sit together with their Clergy is not to be deny'd And our Great Oracle of the Law has told us That they did oftentimes appoint Commissioners by Writ to sit with them at the Convocation and to have Conusance of such Things as they meant to Establish that nothing might be done in prejudice of their Authority 'T is true since the Restriction laid upon the Clergy by the Statute of K. Henry 8 the King is now become so secure of them that He has no great need to send any such Commissioner to them to regulate their Proceedings For being neither at liberty to enter upon any Synodical Act but what he gives them leave to go upon Nor when they have concluded upon any Point being allow'd to Promulge or put it in Execution unless it shall be approved of and confirmed by Him He has nothing left to apprehend from them but is by his Commission as effectually President over their Debates as if he were present in Person among them And yet tho' this Act has therefore render'd the Exercise of such an Authority less necessary than it was before it has not depriv'd the King of it For even after the passing of this Statute K. Henry 8 by his Vicar General not only presided together with the Archbishop over the Convocation but Deliberated Voted and to all intents and purposes Acted together with his Clergy in it This is manifest from the Acts of the Convocation of the year 1536 and of which it may not be amiss to give a short account upon this Occasion Upon the 9th day of June 1536. Mr. William Peter came into the Convocation and alleged That for as much as this Synod was called by the Authority of the most illustrious Prince K. Henry 8 and that the said Prince ought to have the first Place in the said Convocation and in his Absence the Honourable Master Thomas Cromwel his Vicegerent being Vicar General in Ecclesiastical Causes ought to possess his Place Therefore he desired that the said Place might be assigned to Him And at the same time presented his said Master's Letters Sealed with the Seal of his Office as Vicar General Which being read the most Reverend the Archbishop assign'd him a Place besides
himself acknowledges And I am sure whenever the King shall think fit to let them Meet He will send Them his Licence to Act too If they accept his Licence and proceed to Act by vertue of it this will afford us a new Argument to prove that we are not mistaken in the Sense we give of this Statute If not we shall then in all probability be set Right in it and upon a Judicial determination which this Author tells us was wanting in Cokes Report be satisfied what Skill this positive Man has in Interpreting of Acts of Parliament And whether tho' there be No Sense yet there may not be Good Law on the side of the King's Prerogative And now I may venture to say we have seen the utmost of what this Author can do As for what he next catches at That my Lord Coke affirms that the King had heretofore a Right to send Commissioners to sit with the Clergy in Convocation tho' Quo jure he says it do's not Appear And therefore it must be supposed that the Clergy had a Right to debate of what they pleased because else it would have been needless to send a Commissioner to Watch them I must needs say I do not see by what Rules of Reason any such Consequence will follow from it Unless we should suppose that because Men are limited to Act by certain Rules therefore there is no danger of their transgressing of Them The ancient Emperours we are well assured tied up their Councils to very Strict Rules Yet so dull were They that for that very Reason they sent Commissioners to sit with their Bishops that so they might take Care to keep them within bounds and see that they acted according to the Rules they had prescribed to Them 'T is true the Clergy in those days did take the Liberty to transact many things in their Convocations without any particular Licence from the King to warrant Them so to do And this rendred the presence of such Commissioners more necessary heretofore than it is Now. But that they did take upon them to do this is no proof that they had a Right to do it any more than their attempts in many other instances prove that they ought to have enjoy'd all those priviledges by which it is on all hands allow'd that they did oftentimes notoriously Usurp upon the Royal Authority There is yet a little spiteful Suggestion for I cannot call it an Argument drawn from Magna Charta and the King's Coronation-Oath But these things will then be fit to be Consider'd when He shall first have proved the Church to have such a Right as he supposes but has not yet offer'd one tolerable proof of unless we should take a Confident Assertion for proof in which it must be confess'd he has not been Wanting In the mean time whilst the Church is deprived of no Liberty that either the Laws have given it or it ought of Right to enjoy the King may keep his Coronation-Oath and Magna Charta be as sacredly observed as any One could Wish it should be tho' the Clergy be not allow'd all that unreasonable Liberty which some Men plead for on their Behalf but which neither the Clergy nor Convocation have Themselves ever pretended to But whatever Restraints may be pretended to be laid upon the Convocation by this Act with regard to the making of Laws and Constitutions For Laws this Author will have the Convocation to make as well as the Parliament yet the Exercise of their Jurisdiction as they are a Court properly so called is certainly left free and intire to them This He takes for Granted and never so much as attempts a Proof of it And therefore there is no more for me here to do after what I have already said as to this matter If the Case be so as it is here supposed If neither the King's Supremacy in Ecclesiastical Causes nor the Laws of the Realm nor the Custom of Convocations which like that of the Parliament is I conceive the Law of Convotion have restrained the Clergy as to these Matters I am sure I shall be far from desiring to lay any Restraint upon them I shall conclude this whole Chapter with a Relation which I meet with in One of our Ancient Reports and which being added to what I have before observed may contribute a little to the better understanding of the power of the Convocation in the Particular we are now upon In the 4. H. 8. An Act of Parliament was made to deny the benefit of the Clergy to certain Malefaâ—â—ors therein mentioned The Clergy being angry at this as intrenching too much on the Rights of the Church for the Church in those Days was always wont to be very tender of her Rights whether they were for the publick Good or no About three years after the Parliament then sitting the Abbot of Winchomb in a Publick Sermon at Pauls Cross not only Preach'd against the said Act and all Those who had Consented to the Passing of it but farther Affirm'd that All Clerks who have once been admitted into any Holy Orders whether Greater or Lesser were from thenceforth Exempt from all temporal Punishment before any Temporal Judge for any Criminal Cause whatsoever The Lords Temporal and Commons being alarum'd at this Petition the King that he would order this Point to be publickly argued by Divines and Canonists on both sides And thereupon a Certain Day was appointed by the King for that purpose at the Black-Fryars London Among the Council for the King was Doctor Henry Standish a Learned Man and Guardian of the Mendicant Fryars in London The Cause was handled and many Members of both Houses were present And in the Opinion of all who heard it Dr. Standish had so much the Better of the Council that argued for the Clergy that it was moved to the Bishops that they should Oblige the Abbot Publickly to Recant his Assertions At Michaelmas following the Clergy sitting in Convocation cited Dr. Standish to appear before them to answer to such Articles as should there be Exhibited against Him He appeared as he was order'd and four Articles were first proposed by the Archbishop to Him and being afterwards encreased to six were deliver'd to Him in Writing All tending to the purport of what he had before Asserted in defence of the King's Authority And he was Required upon a Certain Day to Answer to Them It seems to assert the King's Authority over the Clergy was accounted in those days to be no less than Heresie and perhaps may still be thought by some Men to come near to it Doctor Standish easily perceived what the Convocation drove at And being sensible that He should not be Able to withstand their Malice and Authority put Himself under the King's Protection and referr'd his Cause to Him The Clergy being a little surprised at this protest to the King that their Process against Him was not for any thing he
claim or put in ure any Constitutions or Ordinances Provincial or Synodals or any other Canons Nor shall enact promulge or execute any such Canons Constitutions or Ordinance Provincial by whatsoever Name or Names they may be called in their Convocations in Time Coming which alway 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 and being thereof convict to suffer Imprisonment and to make fine at the King 's Will. Provided alway that no Canons Constitutions or Ordinances shall be made or put in Execution within this Realm by Authority of the Convocations of the Clergy which shall be Contrariant or Repugnant to the King's Prerogative Royal or the Customs Laws or Statutes of this Realm any thing contained in this Act to the contrary hereof notwithstanding V. The Commission sent by King Charles Ist. to the Convocation of 1640. 1. CHarles by the Grace of God c. To all whom these Presents shall come Greeting Whereas in and by One Act of Parliament made at Westminster in the 25th Year of the Reign of King Henry VIIIth reciting that whereas the King 's Humble and Obedient Subjects the Clergy c. Reciting all verbatim as in the Extract Numb iv And lastly it is provided by the said Act that such Canons Constitutions Ordinances and Synodals Provincial which then were already made and which then were not Contrariant or Repugnant to the Laws Statutes and Customs of this Realm nor to the Damage or hurt of the King 's Prerogative-Royal should then still be used and executed as they were before the making of the said Act until such time as they should be view'd search'd or otherwise Order'd and Determin'd by the Persons mention'd in the said Act or the more Part of them according to the Tenour Form and Effect of the said Act as by the said Act amongst divers other things more fully and at large it doth and may Appear 2. Know ye that we for divers urgent and weighty Causes and Considerations us thereunto especially moving of Our especial Grace certain Knowledge and meer Motion have by Vertue of our Prerogative Royal and Supreme Authority in Causes Ecclesiastical given and granted and by these Presents do Give and Grant full free and lawful Liberty Licence Power and Authority unto the most Reverend Father in God William Lord Bishop of Canterbury Primate of all England and Metropolitan President of this present Convocation for the Province of Canterbury during this Present Parliament now assembled and to the Rest of the Bishops of the same Province and all Deans of Cathedral Churches Arch-deacons Chapters and Colleges and the whole Clergy of every several Diocess within the said Province That they the said Lord Archbishop of Canterbury President of the said Convocation and the Rest of the Bishops and other the said Clergy of this present Convocation within the said Province of Canterbury or the greater Number of them whereof the said President of the said Convocation to be always One Shall and may from Time to Time during the present Parliament Propose Conferr Treat Debate Consider Consult and Agree upon the Exposition or Alteration of any Canon or Canons now in force and of and upon any such Other New Canons Orders Ordinances and Constitutions as they the said Lord Bishop President of the said Convocation and the rest of the said Bishops and other the Clergy of the same Province or the Greater Number of them whereof of the said Lord Bishop of Canterbury President of the said Convocation to be One shall think necessary fit and convenient for the Honour and Service of Almighty God the Good and Quiet of the Church and the better Government thereof to be from Time to Time observ'd perform'd fulfill'd and kept as well by the said Lord Bishop of Canterbury the Bishops and their Successors and the rest of the whole Clergy of the said Province of Canterbury in their several Callings Offices Functions Ministries Degrees and Administrations as also by all and every Dean of the Arches and other Judges of the said Bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officials Registers and all and every Other Ecclesiastical Officers and their Inferiour Ministers whatsoever of the same Province of Canterbury in their and every of their distinct Courts and in the Order and Manner of their and every of their Proceedings and by all other Persons within this Realm as far as lawfully being Members of the Church it may concern them And further to conferr debate treat consider consult and agree of and upon such other Points Matters Causes and Things as We from Time to Time shall deliver or cause to be deliver'd unto the said Lord Bishop of Canterbury President of the said Convocation under our Sign-manual or Privy-Signet to be debated consider'd consulted and concluded upon the said Statute or any Other Statutes Act of Parliament Proclamation Provision or Restraint heretofore had made provided or set forth or any other Cause Matter or thing whatsoever to the contrary notwithstanding 3. And we do also by these Presents give and grant unto the said Lord Bishop of Canterbury President of the said Convocation and to the Rest of the Bishops of the said Province of Canterbury and unto all Deans of Cathedral Churches Arch-deacons Chapters and Colleges and the whole Clergy of every several Diocess within the said Province full free and lawful Liberty Licence Power and Authority that They the said Lord Bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergy of the same Province or the greater Number of them whereof the said President of the said Convocation to be One all and every the said Canons Orders Ordinances Constitutions Matters Causes and things so by them from Time to Time conferr'd treated debated consider'd consulted and agreed upon shall and may set down in Writing in such Form as heretofore hath been accustom'd and the same so set down in writing to exhibit and deliver or cause to be exhibited and delivered unto Us to the End that we upon mature Consideration by Us to be taken thereupon may Allow Approve Confirm and Ratifie or otherwise Disallow Anhillate and make void such and so many of 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 and Agreed upon as we shall think fit requisite and convenient 4. Provided always that the said Canons Orders Ordinances Constitutions Matters and Things or Any of them so to be consider'd consulted and agreed upon as aforesaid be not contrary or repugnant to the Liturgy establish'd or the Rubricks in it or the xxxix Articles or any Doctrine Orders and Ceremonies
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
be first made Whether the Convocation has a Right to Meet and Act as often as the Parliament does § 1. The Method which this Author has taken to vindicate this supposed Right of the Convocation censured § 2. The Design of the following Treatise laid out § 3. CHAP. II. The first General Point proposed and the Method laid down for the handling of it In pursuance whereof a general Enquiry is first made What Power Christian Princes have always been allowed to exercise over their Ecclesiastical Synods or Convocations with respect both to the sitting of them to the managing of them when sat and to the Confirming or Annulling of their Acts after The first General Question proposed and the Method laid down for a full Resolution of it § 1. That Christian Princes have Authority over Ecclesiastical Persons and in Ecclesiastical Causes § 2. And that Particularly with reference to their Synods and Convocations § 3. Which I. Cannot meet without their Permission or against their Consent § 4. That the eight first General Councils were all call'd by the Emperors Authority § 5. So were all the lesser Synods held under the Roman Emperors § 6. The Gothish Princes in the Empire kept their Synods to the same Rule § 7. So did the Princes of the several Kingdoms which rose up out of the Ruins of it Of Spain § 8. Portugal § 9. Burgundy § 10. Germany § 11. France § 12. The Bishops and Clergy never opposed this or made any Complaints against it § 13. 1 Christian Princes have often call'd such Councils by their own Authority without the Advice of their Clergy and refus'd to do it when the Bishops have desir'd it § 14. Who 2 Being so refused have never pretended to meet in Council against their Will or asserted any Right so to do § 15. 3 No not in Provincial Councils for which they seem'd to have some Right on their side § 16. 4 That the Prince has a Right to determine the Time and Place of their meeting § 17. 5 And may direct what Persons shall be allow'd to come to them § 18. The first Point summ'd up § 19. II. Of the Princes Authority over Ecclesiastical Synods when they are met § 20. 1. He has a Right to prescribe to them What they shall debate about § 21. The Ground of this ibid. The several Methods that have been taken by them to do this § 22. The Practice of the Church in Confirmation hereof In the Roman Empire § 23. In other places § 24. 2. To determine in what Manner and Order they shall proceed in their Debates § 25. The Practice of the Roman Emperors in confirmation hereof § 26. 3. To sit with them and to preside over them So the Emperors did § 27. And so did the Princes who succeeded them in their several States § 28 c. How far the Prince thus presiding may act synodically with his Clergy § 31. III. Of the Authority of the Prince over these Conventions after they have ended what was to be done by them § 32. The Clergy cannot regularly break up their Synod without his leave § 33. Their Acts are of no Authority till confirm'd by him § 34. How far the Prince is at liberty to examine their Determinations to confirm annul or amend them § 35. What Power he has over their Judgments § 36. What over their Constitutions § 37. The whâ—lâ— applied to our own Case § 38. 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 their Acts after That our Princes ought of Right to have the same Authority over their Convocations as any other Princes have before been shewn to have § 1. I. That the Convocation cannot meet without the King 's Writ to empower them so to do § 2. The Judges Opinion to this purpose ibid. The Parliaments and Convocations § 3. The King has a Right to name the Time and Place of their Meeting § 4. As also to appoint what Persons shall come to it § 5. Being summon'd it lies in his Breast whether they shall sit or no. § 6. II. That being Met they have no Power to Act but by the King's Permission § 7. This also confirm'd by the Opinion of the Judges agreeably to the Act of the 25 Hen. 8. And farther proved from the Tenour of the Convocation-Writ § 8. The Form of which is the same now that antiently it was wont to be § 9. As also from the Commissions wont to be sent to them for that purpose § 10. Several Instances of which are offer'd § 11. From the judgment of the Convocation in the 1. Edw. VI. § 12. Of the Power of our Kings to sit with or to send Commissioners to their Convocations § 13. Whether the Convocation as a Court may proceed to judge any Cause without the King's Licence § 14. The Convocation did antiently judge of Heresie § 15. How it judged § 16. It is most probable that it cannot judg any person without the King's Leave § 17. It is certain the King may in a particular Case prohibit them so to do § 18. And Suspend or Annul their Sentence ib. III. Of the Authority which our Kings have over their Convocations after they have done what they were called for They cannot break up without the King's Licence § 19. His Authority requisite to confirm their Acts. § 20. How far and in what Cases He is empower'd to Confirm them ibid. The King has power not only to Review their Acts himself but to submit them to the Judgment of his Council § 21. The Practice of this proved to § 24. Whether he may Alter and Correct their Definitions ibid. From the whole an Answer is distinctly given to the first Question proposed § 25. CHAP. IV. In which the State of the Convocation is Historically deduced from the First Conversion of the Saxons to our own Times The Occasion of this Enquiry and the Method proposed to be observed in it § 1. 1. Period How the Affairs of the Church were transacted from the first Conversion of the Saxons to the Time of the Norman Conquest The Clergy summoned to Convocation after Two very different Manners By the Parliament Writ § 2. By the Provincial Writ § 3. The Foundation of this laid in these first times wherein the Clergy were members of the Civil Councils as well as of Ecclesiastical Synods § 4. Of the Nature of our Great Councils in these times and how Ecclesiastical Affairs were transacted in them § 5. Shewn from the like Councils in France Under Pepin § 6. Under Charles the Emperor § 7. Their manner of Debating § 8. Their Politie clear'd § 9. The Nature of our own Great Councils stated upon this Foundation § 10 11 12 Of the Ecclesiastical Synods of these Times Of what Persons they consisted By what Authority they were held § 13. A particular View taken of the principal
Synods of this kind during this Period § 14. c. Of the Ecclesiastical Matters of most note that were transacted in the great Councils of the same Period § 18. c. II. Period From the coming in of K. William I. to the 23d of K. Edward I. The Papal Power began about this time to prevail over the Princes Authority § 21. By what degrees it did so § 22 c. William the Conqueror stood out against its Incroachments and continued the Affairs of the Church in the same state they were in before § 24. So did his Sons after him § 25. What that State was ibid. An Historical Account of the chief Ecclesiastical Synods under King Willam I. § 26 27. King William II. § 28. King Henry I. § 29. How the Pope now began to send his Legats hither and by that means encroach'd upon the King's Prerogative in the business before us § 30. How the Arch-bishop of Canterbury gave the next shock to it § 31. Of the Affairs of the Church under K. Stephen § 31. K. Henry II. § 32. K. Richard I. § 33. K. John § 34. K. Henry III. § 35. K. Edward I. § 36. How far our Kings during this Period continued to transact the Affairs of the Church in their Great Councils § 37 III. Period From the 23d of King Edward I to the 25th of King Henry VIII Of the Nature of the Civil Government about the beginning of this Period particularly of the Great Council of the Nation § 43. Of the Change which some suppose was about this time made in it § 44 45 That the same Change was made in the Ecclesiastical which seems to have been made in the Civil part of it § 46. What place from thenceforth the Inferiour Clergy had in it shewn From the Parliament Writ § 47. From the Parliament Rolls § 48. How our Great Councils Met and Acted at the beginning of this Establishment § 49. Of the State of the Convocation as it is a Provincial Synod about this time shewn From the difference between the Parliament and Convocation Writ § 50 51. How the Convocation came to bè summon'd at or about the same time with the Parliament § 51. Whether One may not be held without the Other § 52. By whom the Convocation in these times was wont to be Called § 53. Of the chief Convocations held under K. Edw. I. § 54. K. Edw. II. § 55. K. Edw. III. § 56. Of the Opposition which began about this time to be made to the Pope's Usurpations ibid. Of the Convocations under our following Kings to the time of King Henry VIII § 58 ad 61. Period IV. From the 25th of K. Henry VIII to Our Own Times An Historical Account of the Statute 25. Hen. VIII cap. 19. § 62 63 64. Of the Dependance which the Convocation has upon the Parliament § 65. Whether the Convocation as it now stands be any part of the Parliament § 66. Of Select Committees and the Great Use that has been made of them under this Period § 67. The several Ways of transacting Ecclesiastical Affairs at this day consider'd in Five Particulars § 68. It is at the Prince's choice by which of these he will from time to time transact them § 69 70. CHAP. V. The Opinion advanced in the Late Letter to a Convocation Man stated and the Arguments examined by which the Author of it pretends to shew 1. That the Convocation has a Right to meet whenever the Parliament does And 2. That being Met it has also a Right to Act without any Licence from the King to empower it so to do The Subject of this Chapter proposed § 1. And the Questions in debate stated from the Words of the Letter here to be Examined § 2. Whether the Church has any Original Inherent Right of its Own to Assemble Synods § 3. The First Question brought to its true State § 4. The Second Question in like manner reduced to its true bounds § 5. I. Question § 6. That the Convocation has a Right to Sit as often as the Parliament meets does not follow 1. From any supposed Parallel between them § 7. Which is examined and answer'd ib. That there is more need of frequent Parliaments than of frequent Convocations § 8. 2. Nor from the 8th Hen. VI. § 9. 3. Nor from its power to judge in matters of Heresie § 10. 4. Nor from the Bishops Parliament Writ § 11. The Objection of the Archbishop's being prohibited by the King's Justice to hold a Synod by his Own Authority neither well Related nor to the purpose § 12. 5. Nor from the Descriptions of a Convocation in the Law Dictionaries § 13 II. Question § 14. That the Convocation being Met may proceed to Act without the King's Licence Not proved 1. From any thing unreasonable that would follow if it might not § 15. 2. Nor from any supposed Right which they have to the King's Licence if it be needful § 16. 3. Nor from the Parallel again urged between the Convocation and the Parliament § 17. 4. Nor from the Prohibitions antiently sent by the King to it § 18. 5. The Stature 25. Hen. VIII Vindicated from the new Interpretation given of it by this Author § 19 20. The King 's Right to send Commissioners to sit in Convocation nothing to his Advantage § 21. Of the Authority of the Convocation in point of Judicature § 23. The Case between Dr. Standish and the Convocation Related as it stands in our antient Law Books § 24. 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 Allegations brought to prove a Convocation to be at this time necessary to be held Examined by Them It is confess'd that the King ought to suffer the Convocation to sit when the Necessities of the Church do really require it § 1 The Author's Position laid down and the Method proposed for the Examining of it § 2. I. That Synods are oftentimes Useless and even Hurtful to the Church § 3. The Ends for which Synods ought to be call'd best shew when it is fitting to call them § 4. The General Measures from whence to judg of this from thence stated § 5. From those General Measures the following Particular Rules deduced 1. Synods ought not to be called to determine plain and clear Matters § 6. 2. Nor for such as have by an Equal or perhaps Greater Authority been already determined § 7. 3. Nor to do that which may be done by more Easie and Ordinary Methods § 8. 4. Nor when there is no probable Expectation of any Good to come from their Meeting § 9. 5. Nor in Unquiet and Unsettled Times § 10. II. What the Author of the Letter c. has offered to prove that it is necessary a Convocation should now meet § 11. It is confess'd that we stand in great need of a Reformation but it does not thence follow that we
Magistrate has a Right to prescribe to Them the Matters on which they are to Debate It is one great End which the Prince proposes to himself in calling of such Assemblies to take their Advice in things pertaining to the Church For the Prince being the Guardian of That as well as of the State and concern'd to provide for the Welfare of the One no less than of the Other ought accordingly to have his Council with which to consult of the things pertaining to Both. Now as in Civil Matters he has his Ministers of State and the Council of his Great Men or People to advise Him how to manage his Secular Concerns so in those things which are of a pure Ecclesiastical Nature it has generally been the Method of Christian Princes to take the Opinion of their Bishops and Clergy either single or convened together as the Importance or Difficulty of Affairs and the Circumstances of Times have prompted them to do But then if this be the main End for which Synods are call'd it will follow that the Prince must have a Right not only by Vertue of his Supreme Authority but from the very Nature of the Thing it self to propose to Them the Subject on which they are to proceed It being absurd to imagine that either a Particular Person should be sent for or a Body of Men be convened on purpose to give the Prince their Advice and the Prince not be left to propose his Doubts to them and shew them wherein it is that He needs Or desires their Opinion Now the Direction of the Prince as to the Subject of the Synods Debates may be either General or Particular or it may be partly One and partly the Other Sometimes the Prince has only declared to his Clergy that he call'd them to deliberate at large either upon Matters of Faith or Matters of Discipline for the better demonstrating the Churches Doctrine and Consent in the One or for the better establishing the Exercise of the Other Sometimes the Occasion of their Meeting has been to examine some particular Controversie that has risen up to corrupt the Faith or to divide the Unity of the Church As was especially seen in the Cases of Arius and the other Hereticks on whose account the first General Councils of the Church were called And in Both these sometimes the Prince has limited their Business to the particular Consideration of that Matter alone for which they were assembled At other times he has added to it such other Incidental Affairs as he has thought fit to propose to them Or it may be has given them a General Liberty after having done their main Business to deliberate on any thing else that they should judge necessary for the Glory of God and the Good of the Church And as there is such a Variety in the Ends for which Christian Princes have been moved to call such Synods so may there be no less a Difference observed in the Ways which they have taken to communicate their Wills to them Sometimes both the Design and Subject of their Meeting have been fully set down in the Precepts which have been sent to the Bishops to require their coming together Sometimes only a Glance has in general been given in Those at their Business and the rest been reserved to be more fully open'd to them at their Convention And that also has been done sometimes by a Synodical Epistle or Commission sent to them sometimes by Word of mouth And that again either by the Prince himself if he has thought fit as oftentimes Princes have to sit with them or by some other Person whom he has deputed to declare his Will to them But how great a Variety soever there has been in the Methods that have been taken to lay open their Business to them this is certain that as the calling of such Assemblies has always depended upon the Consent and Authority of the Prince So when they were assembled the Subject of their Debates has been prescribed them by the same Power and they have deliberated on nothing but what they have been directed or Allow'd by the Prince to do When Constantine the first Christian Emperor being desirous to restore that Peace to the Church which the Heresie of Arius and the Difference between the Eastern and Western Churches about the time of keeping Easter had so dangerously broken assembled the First General Council of Nice Eusebius tells us that at the Opening of it He earnestly Exhorted the Bishops by their wise Resolutions to settle all things in Quiet and Unity And accordingly the Subject of their Debates turn'd upon those two Points and Constantine himself both assisted at Them and consented to what was resolved concerning Them When this did not prevail but that the Arian Faction was resolved at any rate to Ruine Athanasius and since they could not corrupt the Catholick Faith were determined at least to Overwhelm him who had been the main Supporter of it And in Order thereunto another Synod was obtain'd of the Emperor to meet at Tyre the same Constantine not only prescribed them their Business viz. to examine into the Dissensions of the Churches of Aegypt but sent Dionysius in his own stead to be present at their Assemblies and to take care that his Orders were in all things observed by them And the same was the Method which Constantius his Son observed as to these Matters As is evident from his Management of the Great Synod of Arminum in which above 400 Bishops were by his Order Assembled He commanded Them in the first place to debate the Matter of Faith then to judge the Causes of those Bishops who complain'd that they had been unjustly either deposed or banished After that to Examine the Crimes laid to the Charge of certain Others And lastly having done what he had commanded Them to do to send a certain number of their Body to Him to account to Him what had been resolved by Them But above all most plain was that Authority which the Emperors Theodosius and Valentinian shew'd in this particular at the General Council of Ephesus They not only declared at large to the Fathers the Cause of their Meeting in the Letters of Summons which they sent to the several Metropolitans But when they were met together they sent a Synodical Epistle to them by Candidian and appointed him to preside over Them in their stead both to preserve a due Freedom of Voting and Debating among them and also not to suffer them to enter upon any Other Matter till they had first come to a Resolution in that for which they were called together And when Candidian reported to the Emperors that the Bishops had not stuck so closely as they Ought to their Prescription The Emperors not only severely reproved Them for their Presumption but annull'd their Acts and commanded them to have a better Regard both to the Business and Method which They had Laid before Them