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A66113 The authority of Christian princes over their ecclesiastical synods asserted with particular respect to the convocations of the clergy of the realm and Church of England : occasion'd by a late pamphlet intituled, A letter to a convocation man &c. / by William Wake. Wake, William, 1657-1737. 1697 (1697) Wing W230; ESTC R27051 177,989 444

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any Pope but such as was agreeable to his Will and Pleasure And particularly that he would not endure any Synod to be held by the Bishops of England or any thing to be determined in any Ecclesiastical Causes without Leave and Authority first had from him to empower them so to do And the same was the Resolution of his Sons after him And tho' being necessitated for the sake of their civil Interests to yield a little some of our following Princes did submit to the Papal Usurpations yet no sooner was their Government grown strong and their Peace setled but both our Kings and our great Men presently began to assert their Freedom and to cast off those Chains which the Pope had watch'd his Opportunity to put upon them So that now then to give a short account of the method of managing the Affairs of the Church in this Period it was briefly this In the great Council of the Realm and which tho' alter'd in some circumstances by the Conquerour from what it was before yet still continu'd in the main the same as the Bishops and most considerable of the Abbots had a place so now as heretofore Ecclesiastical as well as civil Causes were handled by them and Laws pass'd for the Government of the Church no less than of the State In the other and more select Councils of our Kings which in this Period were held sometimes at the great Feasts and sometimes at such other Seasons as our Princes thought sit and to which they took such of their great Men only both Ecclesiastical and Secular as themselves thought sit many Affairs of the Church were also debated tho' not with such Authority as in the other more general Councils Besides these Assemblies as from the beginning of this Period Ecclesiastical Synods did often meet so in them were the rest of those Matters transacted which appertain'd to the Church But then these as they met not without the King's Licence so neither did they determine any thing but by his Consent nor were their Acts of any Authority until they were confirm'd by him This was the State of the Church in the beginning of this Period whilst it as yet stood free from the Usurpations of the Bishop of Rome How it came to be enslaved afterwards will better appear from that particular view we are now to take of those Councils in which any thing of greater Moment relating to the Church has been concluded I have before observed how our Princes very early began with great Solemnity to keep the three chief Festivals of the Year and to be attended by their Bishops and Lords at them At one of these Seasons presently after he was setled in the Government the Conquerour commanded a Synod to be held and made use of the Pope's Au 〈…〉 rity and the Presence of his Legats to strengthen what he had to do in it Having thus assembled the Bishops apart into an Ecclesiastical Council he proceeded not only to deprive Stigand Archbishop of Canterbury who in some measure deserved it but several others of the Clergy for no other real reason but only that he did not love them or else wanted to have his Normans in their places And having thus proceeded as far as he thought good in this Council he stopt still the next solemn Festival And then in another Synod of the same kind and assembled by the same Authority he went on to farther Deprivations after the like manner as he had done before It was at a like meeting of his Bishops and Lords about two years after that resolving the great Council into an Ecclesiastical Synod he determined the Primacy of the Archbishop of Canterbury over the Archbishop of York and subscribed his Name to the Acts of it What that Synod was which Lanfrank sometime after held at Westminster we are not told This we are inform'd that it was call'd by the King's Command and that he was present at this as he had been at the other two Whether this were the same Council which we find recorded by Malmsbury in the life of Lanfranc or whether there was another assembled the same year I cannot tell But that a Synod was held about this time at London we are well assured In this many ancient Canons were revived and the foundation laid for renewing the Ecclesiastical Discipline of the Church And because this had not sufficiently determined what was necessary to be done the next Year after he held another at Winchester in which several usefull Constitutions were establish'd the Heads of which still remain to us These are the chief of those Ecclesiastical Synods that we are told were assembled under K. William the Conquerour And the last of which however said to have been call'd by Lanfranc who also presided in them yet still we must remember what we have before in general observed of this King that the Archbishop call'd them by his Command Who also approved their Acts before he suffer'd them to have any Authority in this Realm For the farther Confirmation of which Remark let us only cast our Eye upon the Conduct of this Prince as to these matters in his own Dutchy of Normandy and from thence we shall be able the more certainly to judge what Power he claim'd over his Clergy in his new Dominions And here we find that at Whitsontide Anno 1086 he assembled his Parliament at Roan The Members who composed it were the same that in those days made up ours There were present the Archbishop Bishops and Abbots of his Territories and with them the great Lords of the Laity Being met they made several Laws for the Government both of the Church and State and he was both present at their Debates and by his Authority confirm'd what had been agreed on by them And when some time before the Archbishop of Roan held a Provincial Synod with his Bishops and Clergy purely to consult of the Affairs of the Church and several Canons were compiled by them the Acts of it observe that the Conquerour was himself both present at the making of them and that he afterwards confirm'd them by his Command Such was the Authority which this Prince exercised over his Synods As for his Successor King William the Second he was not at all less but rather was more stiff in asserting his Rights as to these matters than ever his Father had been Insomuch that being on a time desired by Anselm Archbishop of Canterbury To employ his Authority to the restoring of Christianity almost utterly defaced in his Realm He ask'd him What he would have him do Command says Anselm Councils to be renew'd according to ancient Custom There let it be enquired what has been done a miss and let a seasonable Provision be made for the remedying of it There has not been held a general Council of Bishops since you came to the Crown nor for some time before Through this defect many
That if a Canon-Law be against the Law of the Land the Bishop ought to Obey the Commandment of the King according to the Law of the Land Now these two Things being supposed and in which the Law at the present cannot be doubted to be very clear That no Acts of Convocation can be put in Execution or be promulged in Order to a Publick Observance without the King's Licence And that the King's Licence cannot give the Convocation any Authority to promulge or execute any Canons but what are Agreeable to the Laws and Customs of the Realm it must of Necessity follow 1st That the King has not only a Right to Review the Acts of Every such Convocation but ought moreover to submit Them to the Examination of his Learned Council in the Law That so he may the more securely be able to judge Whether they be Consistent with the Laws of his Realm and by Consequence capable of receiving any Enforcement from Him Forasmuch as it would be not only too Rash and Unseemly but even a Vain Thing for the King to expose his Prerogative by undertaking to give Authority to that which by being contrary to the Laws already Establish'd has such a natural defect in its Original Constitution as will not suffer it to be Capable of Any 2dly That notwithstanding the Resolution of the Clergy in their Convocation yet still the King is to remain the last Judge not only of the Lawfulness but of the Expediency too of their Constitutions and has Authority either to Ratifie or Reject Them as He with the Advice of his Council shall think Them either Usefull or Otherwise to the Church When His Majesty gave Liberty to our last Convocation to consider of the several Points which in his Commission he proposed to Them and permitted Them to draw into Forms Rules Orders Ordinances Constitutions and Canons such Matters as to Them should seem Necessary and Expedient for the Purposes which He had before proposed to Them and the same being set down in Writing from time to time to Exhibit and Deliver or to Cause to be Exhibited and Delivered to Him He thus goes on to declare what was to be done after such their Resolutions should be delivered in by Them To the End that We as Occasion shall Require may thereupon have the Advice of our Parliament and that such and so many of the said Canons Orders Ordinances and Constitutions Matters Causes and Things as shall be thought Requisite and Convenient by our said Parliament may be presented to us in due Form for Our Royal Assent if upon Mature Consideration thereof We shall think sit to Enact the same And from whence it appears to have been His Majesty's Intention had that Convocation proceeded to any Resolutions to have submitted the Examination of their Acts not only to his Parliament but that being done to have Reserved the final Judgment of Them to his Own Consideration And we cannot doubt but that it was upon the best Advice of his Learned Council in the Law that He so Intended But more full and express to this purpose is the Commission of King Charles the First to the Convocation of 1640 before mentioned Wherein having granted the same Liberty we here meet with to his Clergy To set down in Writing and to Exhibit or Cause to be Exhibited to Him All and Every the said Canons Orders Ordinances and Constitutions Matters Causes and Things to be by Them from time to time Conferr'd Treated Debated Consider'd Consulted and Agreed upon He adds To the end that We upon mature Consideration by Us to be taken thereupon may Allow Approve Confirm and Ratifie or Otherwise Disallow Annihilate 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 But this is not yet all In the close of his Commission he again Reserves to Himself the same Power in these Remarkable Words Provided always 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 Patent under our Great Seal of England shall Allow Approve and Confirm the same These are the Limitations under which that Convocation Acted and from which these three Conclusions will Unavoidably follow 1st That the King by granting the Convocation license to consider and draw up any Canons Orders or Constitutions or to determine any Matters or Causes do's not give them any final decisive Power of Concluding those affairs but Empowers them only to deliver their Judgment to Him which He may either Approve or Reject as He shall afterwards see Cause to do 2dly That in determining concerning their Resolutions He is not obliged either to Approve and Confirm or else to Reject and Annihilate ALL that they have done but may judge distinctly of Every particular Point or Matter debated by Them and severally pass his judgment upon Them May give Force and Authority to some things and at the same time make Void and disallow of Others And this 3dly Not only upon his Own private judgment or upon the Advice of any select persons of his Clergy tho' it be a matter Ecclesiastical but with the advice of his Council who by his Command are also Empowred to judge of what the Convocation has done and whose Opinion if He approves of it He may preferr to that of his Clergy But we will go on with the History of this Convocation and see how these several Conclusions may be yet farther clear'd and confirm'd by it When by Vertue of this Commission the Convocation had drawn up such Canons and agreed upon such Orders as to them seem'd most proper to answer the Ends proposed by the King to Them We are told by His Majesty in His Declaration of June 30th following that according to His direction They had Offered and Presented the same to Him desiring Him to give His Royal Assent to what They had done Now as hereby they plainly acknowledged His Majesty to have all that Authority as to this matter which in His Commission he had pretended to so we find the King still proceeded according to the same measures he had first laid down to the Ratification of what they presented to Him For thus the Declaration goes on We having diligently with great Content and Comfort Read and Consider'd all the said Orders Ordinances and Constitutions agreed upon as is before express'd And finding the same such as We are persuaded will be very profitable not only to Our Clergy but to the whole Church of this Our Kingdom and to All the true Members
Archbishop and Legate held a Synod at Merton upon St. Barnabas's day The Pope had the year before granted to the King the Tenths of the Clergy for three years But the Clergy tho' they Honour'd the Pope much yet resolved not to part with their Money And the Archbishop held this Synod on purpose to Oppose the payment of what he had granted Upon another Legate's being sent hither Anno 1261 several Councils were this year call'd and held in Our Country The two Archbishops Assembled their Respective Clergy at London and Beverley And Boniface held another distinct Council at Lambeth and publish'd many excellent Constitutions in it But most famous in these times as of chiefest Authority afterwards was the Council Assembled by Ottobon another Legate about the Year 1268. He had two years before at the Parliament at Northampton Assembled the Clergy who met there and with Them Excommunicated all such as should adhere to Simon Montfort and his Party And now he held this Other at London with the Clergy of the whole Kingdom and therein publish'd those Notable Constitutions we still have under his Name It was now become a matter of Custom and accounted a matter of Right for the Legates Extraordinary and the Archbishop of Canterbury as Legate of Course to Summon the Clergy to Convocations Insomuch that we do not find this Great King who otherwise was sensible enough of the Encroachments that had been made and were daily making upon the Royal Authority to have been at all Offended at it Hence Peckham the Archbishop being return'd from Rome Anno 1280 the same year held a Council at Redding and therein commanded the Constitutions of the General Council of Lyons to be observed And the next year He assembled another at Lambeth in which the Orders and Constitutions establish'd by Otho and Ottobon were Confirm'd and some Others added for the better Government of the Church About ten years after the same Peckham again held another Synod at Redding in which when the King heard that They were attempting some Orders in derogation to his Authority He sent to the Archbishop and Bishops to desist And upon his Threatnings they put a stop to their Proceedings and Brake up the Council And thus have we seen what Encroachments were made towards the End of this Period upon the Prince's Authority in the Subject before Us. There were within this Period as all along after besides these National and Provincial Councils several Episcopal or Diocesan Synods Assembled for the Affairs of that particular Diocess in which they were held and some Rules were made by Them to be observed by the Clergy of that District only Such were the Constitutions of Alexander Bishop of Coventry Anno 1237 Of Walter Bishop of Worcester made in his Synod at Worcester Anno 1240 Of Walter Bishop of Norwich made in his Synod at Norwich Munday after Michaelmas Anno 1255 Of Giles Bishop of Salisbury Anno 1256 And of which it is not necessary that I should take any particular Notice on this Occasion But tho' the Affairs of the Church were in great measure handled in these several Kinds of Ecclesiastical Synods yet this did not hinder but that still Our Kings with their Great Councils did from time to time interpose in these Matters and order many things relating to Ecclesiastical Persons and Causes When Wulstan Bishop of Worcester challenged some Lands as belonging to his See which were with-held from it by the Archbishop of Tork the Cause between them was judged by William the Conquerour in his Parliament at Pendrede the Archbishop Bishops Lords and Great Men being present This was manifestly a State Assembly and by these was the Right between the two Bishops examined and determined But more properly Ecclesiastical was the Cause which William the Second examined in his Parliament at Rockingham upon Anselm's resolving to go to Rome and to receive his Pall from thence This the King vehemently opposed and declared that the Archbishop could not both preserve his fidelity to him and pay obedience to the Pope And it is observable that the referring of this cause to the Judgment of the Parliament was at Anselm's own desire who cannot be suspected of doing any thing that he thought in the least inconsistent with the Liberties of the Church The next great Controversie that arose of this kind was in the second Year of King Henry the First about the Right of Investitures This was a point much debated in those times not only here but in most of the Countries of Europe To this the King laid a claim and accounted himself to have as good a Title to it as his Father and Brother before him had Upon this occasion the Quarrel grew so high between the King and Anselm that the latter was once more sorced to leave the Kingdom But the cause was at last brought before the Parliament and there it was by mutual Consent resolved that from thenceforth no one should be invested by the King or any other lay hand to a Bishoprick or Abbey by the delivery of the Pastoral Staff or Ring but yet upon such a promotion they should do Homage to the King for it which was the other thing that Pope Urban had before insisted upon as much as upon the point of Investitute its self This matter was scarce ended when another arose about the Marriage of the Clergy And this was in like manner ended in Parliament by the Authority as well of the King and his Lords as of the Archbishops and Bishops And an order made to prohibit all such as were in any Clerical Order to cohabit with their Wives There was yet a third great Controversie remaining concerning the Primacy of the Archbishop of Canterbury and the Subjection that was due from the Archbishop of York to him This also was brought before the King at Whitsontide and determined by him with his Bishops and Lords and the Authority of the See of Canterbury asserted by them And when some time after this Thurstine Archbishop of York refused to be concluded by this Decree he was in full Parliament obliged either to renounce his Bishoprick or to pay Obedience to the See of Canterbury No sooner was this King dead and Stephen placed in his Throne but in full Parliament he confirm'd the Liberties of the Church and made very ample Concessions to it In his Parliament at Northampton two years after he disposed of several Ecclesiastical Preferments And that this was the customary manner of those times may be gathered from the last Parliament of this King Which was call'd by him as well for the Affairs of the Kingdom as to make Provision for the Church of York then vacant by the death of St. William the late Bishop of it How far the Parliament still continued to meddle with Ecclesiastical Affairs under the next King's Reign the
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. ●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 ● A Practical Discourse concerning Swe●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 Epi●●e●u's Morals with Simplici●●'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