Person by whom they were to appear before him and who was in effect to supply his Place among them whenever they debated apart from their Lordships Prolocutor sometimes recommended by the President With the same Design and no other I add the following Instances of the President 's recommending to the Lower-Clergy the Choice of particular Persons who were accordingly elected Anno 1562. Archbishop Parker order'd the Clergy to retire to the Choice Commendans illis maximè Decanum Ecclesiae Cathedralis D. Pauli London Alexandrum Nowel and we find him presented and confirm'd in form the next Session Anno 1588. the Dean of St. Paul's ex parte Reverendissimi Patris Joh. Cant. Archiep. significavit ut ad Electionem futuri Prolocutoris procedere licitè liberè valeant possint Commendavit eis Venerabilem Virum Magistrum Johannem Styll tunc ibidem praesentem Vnde omnes tunc praesentes uno ore eundem Magistrum Johannem Styll sine morâ in eorum dicti Coetûs Inferioris Domûs Cleri Prolocutorem Referendarium concorditer unanimi consensu nominarunt elegerunt nemine contradicente Anno 1605. The Extracts out of the Registers of the Upper-House say thus the Archbishop recommends Dr. Overal Dean of St. Paul's to be chosen Prolocutor in the room of Dr. Ravis made Bishop of Gloucester The Order or Leave of the President necessary before they can proceed to the Choice But whether the President recommended or no 't is certain that the Clergy have never us'd to proceed to their Election without the antecedent Order or Leave of his Grace Reverendissimus demandavit praecepit monuit has been and is the Language in which our Registers ordinarily express it And in the Convocation of 1586. as well as that of 1588. which I just now mention'd the Archbishop's Leave is directly express'd in the Journal of the Lower-House The Dean of St. Paul's ex parte Reverendissimi c. significavit ut ad Electionem futuri Prolocutoris procedere licite libere valeant possint but without any Recommendation accompanying the Notice In case of death or promotion no new Election but by the President 's Order And as in the beginning so in the middle of a Convocation in the case of the Death or Promotion of a Prolocutor a new Election is not yet pretended to be made without the President 's special Direction Thus Anno 1541. Reverendissimus evocari fecit Clerum Inferioris Domûs quibus exposuit illos debere eligere novum Prolocutorem per mortem D. Gwent Anno 1677. Cleri hujus domûs coram Reverendis Dominis Episcopis personaliter comparentes requisui ut recederent in domum suam propriam eligerent aliquam personam idoneam è gremio ipsorum in Prolocutorem sive Referendarium Convocationis praesentis loco ultimi nuper in Archiepiscopum Cant. promoti Anno 1661. Febr. 18. Praesidens c. voluit ad se accersiri Clerum Domûs Inferioris Convocationis quibus advenientibus dictus Dominus Praesidens antedictus in verbis latinis conceptis eosdem Cleros dictae Domûs Inferioris monuit quatinus ad solitum consuetum Conventûs sui locum sese conferentes unum virum gravem doctum peritum de gremio suo provideant eligant in eorum Prolocutorem Referendarium in loco Reverendi Viri Henrici Fearne sacrae Theologia Professoris ultimi Prolocutoris ratione promotionis suae ad Episcopatum Cestren jam vacan Anno 1664. Nov. 25. Dominus Episcopus London Cleros dictae Domûs Inferioris monuit quatenùs ad solitum consuetum Conventûs sui locum sese conferentes unum virum c. eligant in eorum Prolocutorem Referendarium in loco veneribilis viri Johannis Barwick sacrae Theologiae Professoris ratione ejus mortis jam vacan Prolocutor always Presented to the U. H. for Confirmation 2. The Person chosen upon the Order or Leave of the Archbishop is solemnly presented to his Grace and his Brethren for their Confirmation which our Registers always express in Terms signifying his Acceptance of him with the conveyance of Power and Authority for the Execution of the Office Cum consensu Fratrum admisit acceptavit approbavit ratificavit or confirmavit The Prolocutor's Application to the U. H. for Protection 3. As he receives his Authority from the Archbishop and his Brethren so upon a remarkable Invasion of that and of the Privileges of Convocation in his own Person we find him directly applying to the Upper-House for Protection The Case hapn'd in the Year 1604. Sess 19. and is thus represented by the Extracts out of the Registers of that House The Prolocutor complaims to the Bishop Presiding that he had two Subpoenas served upon him by Harrington and Walker notwithstanding his Privilege The President answers that the King was acquainted with it and that Walker was arrested for it by a Serjeant at Mace and a Warrant gone for Harrington Sess 20. Walker abovesaid convented before the Bishops sent to the Lower-House to beg Pardon of the Prolocutor and House which he did and was dismiss'd pro tempore Sess 32. Harrington brought upon his Knees for serving a Sub-poena upon the Prolocutor If the Inferior-Clergy of that Time had thought their House to have a sufficient Power in this Case they would I suppose have protected their own Prolocutor Or if they had reckon'd it consistent with their Duty as Members of the same Convocation with the Metropolitan and Bishops to seek for Refuge otherwise than by Recourse to their Lordships the Prolocutor would scarce have been suffer'd to bring in question the Independent Rights of the House by such an Application The Prolocutor cannot Substitute a Deputy but by Leave from the U. H. Two Questions remain concerning the Office of a Prolocutor 1. Whether he have Power in his Absence to Substitute another without leave from the Vpper-House 2. Whether the Prolocutor being present Messages may regularly be sent up to the Bishops by any other Hand I will not pretend to solve these Two purely from the Reasons of the Things which are no certain Rules in Questions of this kind but surely the solemn Confirmation of a particular Person for that Purpose to continue during the whole Convocation should imply an Obligation upon him when present to discharge a Duty to which He and He alone has receiv'd that general Appointment And his own Incapacity to convey such Messages till he be admitted and confirm'd and thereby publickly known to be the Mouth or in the Language of the Registers the Organ of the Lower-House seems to make it unreasonable that another shall be capable of exercising that Office without Confirmation that is without being known to their Lordships to be the Mouth of the Lower-House when yet the Messages are to come by him as such Especially if to this we add that neither the Speaker of the House of Commons nor the House it self
consider of a Subsidy quòd interim Informarent Petitiones suas super Reformatione Injuriarum ut eas conciperent in Scriptis quòdque responsiones darent die prox sequenti Dec. 8. The Bishop of London Presiding Coram eo Procuratores Cleri ibidem comparentes Decimam c. concesserunt ac dictam Concessionem in Scriptis dicto Domino London Episcopo porrexerunt unà cum quibusdam Supplicationibus pro Reformatione quarundam Injuriarum Ecclesiae Anglicanae illatarum in eadem Scripturâ content Anno 1376. Non. Febr. The Grievances were presented to the President and Bishops and 12 Kal. Martij we find the Archbishop making his Report to the King's Answer Praelatis Clero habita deliberatione per dictos Praelatos Clerum super hujusmodi Responsione Dominus Continuavit c. And again 2. Kal. Martij I suppose upon some further Application made by the Clergy the Archbishop acquaints them with the King's Readiness to comply with their Petitions Eas salvo jure Coronae suae feliciter expedire Anno 1379. 4. Kal. Martij Praelati Clerus concesserunt Domino Regi c. rogando Dominum Regem quód Injurias Gravamina illata Ecclesiae Viris Ecclesiasticis faceret revocari Anno 1384. At the end of the Convocation Clerus porrexit certos Articulos petendo Remedium Concessit Medietatem c. Anno 1421. The Archbishop's Official in the name of the rest produxit unam Cedulam Papiri formam Concessionis unius integrae Decimae continentem c. cum hoc quód per Dominum Regem auctoritate Parliamenti tunc apud Westm praesentis posset adhiberi remedium cortis Gravaminibus eis illatis In these and other Instances the Clergy who had a Right to Petition for Redress were willing those Petitions should accompany the Grant because that made them sure of a favourable Answer But this was not constantly observ'd The Grievances to whom address'd nor were all the Grievances address'd to the King but many of them ultimately to the Archbishop and Bishops when the Matter thereof concern'd their Courts and so the Redress was in their Lordships Power We find also Anno 1399. Oct. 11. mention made of such Articles offer'd to the Pope in a Case we may imagin that was not otherwise to be reform'd Decanus Ecclesiae Hereford Articulos de mandato Domini Archiepiscopi palam apertè perlegebat Et quia in dictis Articulis continebantur certa Gravamina per Sedem Apostolicam reformanda visum fuit satis honestum expediens Domino Archiepiscopo c. that the Pope's Collector should be sent for and advis'd with Whose Council was That the King the Archbishop and Bishops should write to the Pope pro Reformatione eorundem In like manner we meet with Applications of the same kind as to the King singly so to the King in Council to the King in Parliament as Redress was most probably and regularly to be had either in the one or the other The Points of this kind consider'd and debated in Convocation were either General when the Matters to be reform'd had Relation to the Common Good of the Church and equally affecting the Bishops and Clergy were settl'd in a Synodical way and address'd and presented in the Names of both which the Registers call Reformanda in Convocatione Reformanda in Parliamento c. Or else Particular when the Bishops or Clergy had Grievances to offer that affected only their own Order respectively and in such cases tho' the Clergy presented theirs to the upper-Upper-House for their Approbation and the Conveyance of them to the King or Parliament yet the Form ran in their own Name only which were properly what we call the Gravamina and Articuli Cleri The Upper house have a Right to direct at what time the Grievances shall be propos'd These the Clergy in Convocation have an undoubted Right to present but as they are to be laid immediately before the Upper-House so the Arch-bishop and Bishops have a Right to direct as oft as they see cause at what Time they shall be propos'd and offer'd in Form Anno 1356. 16. Kal. Jun. Archiepiscopus injunxit Religiosis alijs de Clero quòd die tunc crastinâ proponerent Petitiones suas Anno 1369. 10. Kal. Feb. Archiepiscopus voluit quòd Clerus Religiosi Petitiones suas super Injurijs Violentijs Gravaminibus in Scriptis redigerent sibi porrigerent die Veneris Anno 1373. The Clergy directed Quòd interim informarent Petitiones suas super Reformatione Injuriarum ut eas conciperent in Scriptis quódque Responsiones darent die prox Sequent Anno 1377. 2. Id. Nov. The President praemunivit quòd unus Clericus de quolibet Episcopatu dictae Provinciae Cant. veniret ad Ecclesiam S. Pauli London ibidem inter se post prandium c. deliberarent super Petitionibus formandis de singulis Gravaminibus communiter Clerum cujuslibet Episcopatù tangentibus Anno 1399. Oct. 6. Quia videbatur Domino Archiepiscopo alijs Episcopis sue Cant. Provinciae satis difficile omnes Praelatos Procuratores Cleri in communi congregare ad concipiend Articulos ex parte Cleri proponendos propter hoc deputavit 5. Personas viz. Mag. Thomam Stowe c. ad concipiend Articulos ex parte Praelatorum Cleri super quibus praetendunt Ecclesiam se gravatos Anno 1411. Dec. 2. Archiepiscopus mandavit Procuratoribus Cleri quatenùs si aliqua essent Gravamina ex parte eorum Reformatione indigentia quòd vellent deberent citra diem Veneris extunc proximò futur coram Convocatione Dominorum in Domo Capitulari seriosiùs intimare The Grievances first offer'd in a general Representation vivà voce At other times when the Clergy had receiv'd no previous Direction to bring their Grievances in Writing we find them first making a general Representation thereof Vivâ voce to the Archbishop and Bishops and upon that either leaving them to their Lordships Consideration or receiving Directions what was further necessary to be done Anno 1356. On the first Day of Business they are directed only in general quòd die tunc crastinâ proponerent Petitiones suas And the next Session 't is thus express'd Propositis quibusdam Petitionibus per Clerum tam vivâ voce quà m in Scriptis Anno 1373. Dec. 2. The Clergy upon a general Motion for the Redress of Grievances by the King are commanded Informare Petitiones suas super Reformatione Injuriarum bujusmodi Anno 1411. Nov. 4. The Clergy according to the Order of Dec. 2. just now cited that they should Gravamina c. Sâ—riâ—siùs intimare did it on Dec. 4. in the following manner Comparuerunt Procuratores Cleri qui plura referebant Gravamina allegantes quòd de tâ—t tantis se sâ—ntijt Clerus malis praegravatum quòd nisi in Scriptis contineantur non possent de facili recenseri The Proctors retire and
of Laws or Customs that appear'd to be burthensome or inconvenient Anno 1428. The last day of Convocation Dominus ex assensu Confratrum suorum ad Petitionem Cleri poenam in Constitutione propter excessiva Stipendia Capellanorum tam contra dantes quam recipientes latam pro parte dantium suspendit usque ad proximam Convocationem ipsos hujusmodi poenâ minimè involutos fore decrevit Anno 1529. Sess 91. Prolocutor intrans c. perijt quòd praesentati ad Ecclesiastica Beneficia non arctentar per Diecesanos scripto aliquo obligatorio aut poenâ temporali obligari ad Resi ientiam Anno 1541. Sess 20. Clerus exposuit Peâ—…ionem de Conjugies sactis in Bethlem abolendis Anno 1555. Sess 3. The Clergy grant a Subsidy illie expoluit Clerus tres Petitiones primùm quòd omnes Beneficati qui spe Remissionis primorum fructuum ex communi rumore Sacerdotia assecuti sunt non obligentur rependere duplos c. 2 do ut possint Diplomata Apostolica pro Sacerdotiis retinend assequi postremò quòd Statutum tollatur pro Decimis solvendis c. quòd Decimarum Causae emergentes coram Ordinatio examinentur decidantur 4. About Festivals 4. For the appointment of new Festivals or improving the Services of the old Anno 1434. Oct. 9. Dominus ex consensu Confratrum suorum ad Petitionem Cleri ordain'd that St. Frideswide's Day cum novem lectionibus aliis quae ad hujusmodi Festum cum Regimine Chori secundum usum Sarum pertinent per totam Provinciam suam perpetuò celebraretur Anno 1444. Oct. 24. Magister Willelmus Byconil Offic. Curiae Cant. totius Cleri Praelocutor Supplicabat Domino ex parte Cleri ut dies Translationis S. Edwardi c. sub duplici Festo per suam Provinciam solempnizari posset de Confratrum suorum consensu concedere dignaretur 5. For the Archbishops intercession with the King 5. For the Archbishop's Intercession with the King to restrain the Lay Officers from oppressing the Church or to pray their assistance in the Enforcement of Ecclesiastical Laws Anno 1394. Supplicatio Cleri directed to the Archbishop of Canterbury and the Archbishop of York Chancellour of England that for the Suppression of Lollardy they will intercede with the King ut dignetur extendere cum effectu brachium suae Majestatis Anno 1463. Jul. 18. Petitum fuit per Magistrum Johannem Stocks Prolocutorem à Domino ut ipse Regiae Majestati scriberet pro liberatione certarum Personarum Ecclesiasticarum in Custodià laicali incarceratarum custoditarum ut secundum Cartam alias per Regem viris Ecclesiasticis concessam suis Ordinariis possint liberari Anno 1480. Apr. 3. A Petition presented by the Prolocutor to the Archbishop and Bishops praying them in the name of the Clergy to intercede with the King for Protection to the Church against the encroachments of Lay-Officers molesting and imprisoning the Clergy 6. For the Execution of Discipline 6. For more strict Execution of Ecclesiastical Discipline As Anno 1586. March 15. Extracts out of the Upper House Book ' The Lower House beseech the Bishops to be careful of Ordinations to restrain their Officers from Excessive Fees and that they will force every Instituted Person within a certain time to take Induction or else sequester the Profits 7. Petitions of several kinds 7. In the Year 1555. I find at the end of the Journal an Abstract of the Petitions offer'd by the Inferiour Clergy to the Upper House Item Supplication of the Lower House to the Bishops concerning Spiritual Lands in Temporal Mens hands Item for Schools and Hospitals promised in the Statute of Suppression of Colleges Item for Mortmayn Tythes Appropriations of Preachers of Books of Statutes and Jurisdiction against Hereticks of Pluralities of Seminaries of Liberties of the Church in Magna Charta of Praemunire of the Statute of Submission of the Clergy of finding great Horses of Usurers of Violence against any of the Clergy of Clarks Apparel of Priests Married of School-Masters of exempt Jurisdiction and Peculiar Places in Lay-Mens hands of the Cognition of Causes of Tythes before the Mayor of London that Places exempted may be allotted to certain Priests of Chancels decay'd of Priests Marriâ—… to be reconciled of Payment for Tythes of Religious Women Married to be Divorc'd that in Divorces innocent Women may enjoy the Lands and Goods which were theirs before the Marriage That Wardens of Churches may make their Accompts that Ecclesiastical Persons which spoiled Churches and plucked down certain Edifices may be compelled to restitution and to Build them again Petitions of the Clergy presented immediately to the Vpper House All Petitions of this nature were delivered to the Archbishop and Bishops and rested with them as those others to the King or Parliament were put into the hands of the Archbishop singly or jointly with his Suffragans that after Approbation they might by their Lordships be convey'd and solicited according to the Intent and Tenor thereof Nor do I remember to have met with any Petition in the Registers delivered separately or immediately by the Clergy themselves except that one in 1588. Sess 10. to the House of Lords The Commons had sent up a Bill for a provision of Arms c. by the Clergy it was therefore the single and immediate concern of the Lower House to prevent it in order to which they Address'd the Lords in Parliament as in a matter of Property and among the rest the Petition was directed to the Archbishop and Bishops Upon which Accounts it cannot be extended to other Cases of an Ecclesiastical Nature in all which the Bishops and their Clergy must be jointly concern'd The time of presenting such Petitions The time of the Clergy's presenting their Petions to the Upper House whether Vivâ voce or in Scriptis was usually upon Delivery of their Grant and at the end of Convocation Not any but they had the same Right to offer them any other time tho' no Supplies were given but that being the most desirable opportunity of conveying their Grievances to the King became thereupon the ordinary time of bringing in their Petitions of all other kinds CHAP. XIV The Part which the Clergy have had in Judicial Cases THE ordinary way of Trying and Convicting Hereticks and Offenders against the Canons was in the Ecclesiastical Courts of every Diocese where they proceeded according to the stated Rules of such Courts and the severe Canons and Statutes then in force But if the Bishop upon Examination did not see cause to deliver over the Party accus'd to the Secular Power either the Degree or Evidence of the Crime falling short the Suspicion was however reckon'd a sufficient Cause of Imprisonment That if he had not abjur'd in Form he might by that means be compell'd to it or if he had that he might not be trusted abroad till he had given sufficient Proofs of
directed to proceed upon particular Business by the Archbishop and Bishops 5 20 22 24 37 39 40 42 50 68 70 72 85 87 91 104 118 210. Lower-house go up voluntarily 22 37 41 45 46 50 174 207 213 214 215. Lower-house bring up and return Business 27 35 37 39 40 41 42 43 45 47 49 51 91 92 112 119 155 160 173 206 213 214 215. M Mandates from the Archbishop for Summoning a Convocation 9 57. N Notice given to the Upper-house of Persons chosen for Committees in the Lower V. Committees O Oblations unjustly detain'd from the Clergy 35. Offertory at the Opening of Convocation 2. Ogleby's Bible 70. Ordinations determin'd to the 4 Seasons 109. not to be perform'd out of the Diocese without Letters dimissory from the Archbishop 109. P Parliament Prayer for it made in Convocation 23 27. Thanks from the Lords in Parliament to the Bishops and Clergy for their Care and Labour in Revising the Common-Prayer 106. Point whether lawful for Bishops to sit in Parliament in Cases of Blood consider'd 99. Petition presented to the Lower-house laid before the Upper 45 50. from the Clergy in the Isle of Wight 123. by the Bishop of Norwich 124. from the Lower-Clergy to the House of Lords in the Case of a Money-Bill 176 177. Pluralities 172 2. Praeconizations 139 163 167 170. Prayer Common revis'd 84 85 86 87 92. Preface to it 90 93. General Thanksgiving 93. General Revisal of the whole 93. Subscriptions to it with the Preparation of a Form 94 95. Act of Parliament for establishing the Common-Prayer debated in Convocation 98. Alterations made by Parliament in the Common-Prayer debated in Convocation 103. Orders for Printing the Book of Common-Prayer 104. Appointment of a Supervisor and Correctors 105. Thanks to the Bishops and Clergy from the House of Lords for their Care and Labour in Revising the Common-Prayer 106. Method of dispersing the Books of Common-Prayer 108. Prayer Form of for the King's Restoration 67. for the 30th of January 67. for the 5th of November 110. The three â—oregoing Forms brought in and approv'd 110. Prayers at Sea 89 90. Prayer before Sermon unica Forma Precum 90. Privilege Breach of 39. Prolocutor or Referendary chosen by Order or Leave from the Archbishop at the beginning of Convocation 3 4 5 16 63 137 165 196. chosen in the middle of Convocation upon the Promotion of another 101. chosen upon Death 126. Prolocutor recommended by the Archbishop 196. presented to the Archbishop and Bishops 19 67 101 126 139 166 199. Office 6. Assessors appointed by him 139 151 153 168 170. comes alone to the U. house 23 35 37 155. confers in private with the President 46 47. confers with the Presid and Bish 157. Prolocutor sent for alone with a certain number or with the whole House to the Upper-house Reverendissimus c. Voluit mandavit Prolocutorem ad se accersiri Fecit ad se accersiri Jussit Prolocutorem coram se Confratribus suis vocari Nunciatum fuit Domino Prolocutori de voluntate Reverendissimi c. quòd ad se accederet c. 18 21 31 33 36 38 40 42 46 48 67 68 69 71 75 76 83 85 87 91 101 104 105 118 122 125 126 146 147 150 152 153 154 157 159 167 168 170 171 175 176 170 2 172 2 198 206 210. Prolocutor dismis'd by the Archbishop and Bishops Dimisso Prolocutore Eis dimissis c. 20 22 23 24 27 32 35 37 38 39 41 42 43 45 46 47 49 50 51 53 67 72 75 83 85 87 91 92 101 102 119 124 126 199 210. acting by a Deputy 147 148 212. Protestation 44 Proxies order'd to be brought in by the Archbishop 154. Psalms revis'd 88. R Recusants Canon against them 39 45. Residence enjoin'd 172 2. S Schedules of Continuation At the Conclusion of every Session in the Upper-house-Books Schedules of Reformation 140 149 167 193. Silence enjoin'd 24 26 169. Socinians Canons against 41. Subsidies 20 21 118 120 206 212. Subsidy-Bills review'd and corrected by Committees 23 26 118 151 154. read 156. pass'd in Form 212. Subscription to the Book of Common-Pray 94 95. Subscriptions to the 39 Articles debated 108. Substitution of a Presid 24 62 192 193 205 217. V Visitational-Articles 75 102 104. W Welsh Common-Prayer 45. Westminster Dean of protests his Appearance in Convocation to be with a Salvo jure to the Rights of his Church 196. Protestation of the Church of Westminster 18 65 192. Writ of Prorogation 113 122. of Dissolution 163. Y York the Archbishop and Bishops of that Province in the Convocation of 1661. 75 76 c. Addenda Emendanda IN the Catalogue of Convocation Acts add 1st after the Year 1380. 1382 Nov. 18. Courtney fol. 33. a. 2 ly At the Year 1554. add The Acts of the Upper House are Enter'd in Bishop Bonner's Register 3 ly At the Year 1562. add A fragment of the Proceedings in the Lower House Febr. 13. 1562. is in the hands of Mr. Petyt 4 ly Concerning the Index in Dr. Atterbury's hands it is to be observ'd that the few passages Cited in this Book are immediately taken out of a late Extract from thence of such things as concern the present Controversy Pag. 34. After the Sentence of Contumacy by Archbishop Chichele add But a much elder than this is enter'd in the Register of Archbishop Courtney Anno 1391. Dominus contra Absentes sub hac Formâ processit Nos Willelmus permissione Divina Cantuariensis Archiepiscopus totius Angliae Primas Apostolicae Sedis Legatus c. omnes singulos ad praesens Concilium nostrum legitimè peremptoriè citatos praeconizatos diucius expectatos non comparentes reputamus pronunciamus Contumaces in paenam Contumaciarum suarum hujusmodi Decernimus Declaramus Pronunciamus omnia singula in praesenti Concilio habita atque facta suum debitum sortiri debere effectum ipsorum Contumacijs in aliquo non obstantibus in hac parte poenam aliam Canonicam eis eorum singulis infligendam Nobis seu Commissario nostro quem ad id duxerimus deputandum nihilominùs specialiter Reservantes Pag. 47. lin 23. Paenâ sibi reservatâ is not the express language of the present Schedule but sufficiently appears to be the meaning of it both from the frequent mention in the Registers of such Reservations to the Archbishop singly and the no less frequent Inflictions of such Canonical Punishment upon the Lower Clergy and that by the President without any interposition or concurrence of the Bishops or Clergy Pag. 53. lin 16. Add To which purpose the Extracts out of the Upper House Books Anno 1541. conclude with the following Note ' Memorandum in fine Libri Inseruntur Constitutiones Substitutiones in Convocatione praedictâ ex Licentiâ Reverendissimi ubi habentur Scripta diversarum Absolutionum eorum qui Absentes erant Pag. 61. lin 19. for Suspend read Supersede Pag. 183. lin 12. To the Chapter Of the manner of Passing Business in Convocation add And even in Canons and all other matters Passing by Subscription the Metropolitan's ancient Authority remains thus far entire that without his Concurrence the Agreement of all the rest is not the Act of Convocation nor can be presented as such to the Prince for his Royal Confirmation Pag. 186. lin 12. For 1434. read 1534. App. p. 131. For 1686 and 1688. read 1586 and 1588. Pag. 233. lin antepeâ—… I am since assur'd That in York-Province the Archbishop or his Commissary always Sign the Instrument of Continuation after Reading Pag. 295. lin 8. Read their Church lin 13. add They knew the Kings of England had often directed their Writs to the Archbishop before the Act of Submission was thought of and were as constantly obey'd And the Writ being an immediate Direction to the Archbishop and not to any particular Member of Convocation they were so far from thinking that a Summons upon the Authority of such Writ destroy'd his Grace's authoritative Summons that we see they use the Term even while the Act was repeal'd and they were by consequence under no Obligation to use it ☞ Throughout the Book wherever mention is made of the Last Convocation 't is to be understood of that which began Febr. 10. 1700 1 wherein these unhappy Differences between the two Houses first arose P. 138. l. 32. read Domum Superiorem P. 165. l. 1. read de uniendis parvis Beneficiis P. 169. l. 1. read Not but. P. 228. l. 13. for Julius XI read Julius II.
their own immediate Choice The Deans Priors and Abbots were requir'd by the Archbishop to bring Procuratorial Letters from the respective Bodies over whom they were placed as the Archdeacons were to do from the Parochial Clergy within their District Anno 1257 the Archiepiscopal Mandate runs thus In virtute obedientiae praecipiendo ut praedicti Decanus Prior dictarum Cathedralium Ecclesiarum Abbates alii Priores cum literis Procuratoriis nomine Congregationum suarum confectis ac dicti Archidiaconi cum literis similiter factis ex parte Clericorum qui subsunt eisdem c. dictis die loco personaliter debeant interesse Anno 1258 to the same purpose Vocetis eciam Decanos Cathedralium et aliarum Ecclesiarum nec non etiam Abbates Priores Majores insuper et Archidiaconos vestrae Diaecesis universos ut cum literis suorum subditorum Procuratoriis loco et die antedictis compareant And the Bishop's Order upon that Mandate to the Archdeacon Ac nihilominus Vos ipsi compareatis dictis die et loco cum literis Procuratoriis Cleri totius Archidiaconatûs vestri Anno 1279. The Archbishop's Mandate directs the Bishops to call their Clergy together and excite them to contribute liberally to the King's Necessities and then leaves them at liberty whether they will send their Resolutions by the Bishoâ—… or their Proxies or by Proctors of their own Hujusmodi autem Servitii vel Subsidii quantitatem per Vos aut Procuratores vestros vel certe per Procuratores proprios ad hoc si expedire videritis destinandos nobis intimare studeant in Congregatione nostrâ London c. The same Method I mean of the Bishops calling together the Clergy is prescrib'd by the Archiepiscopal Mandates of 1282. and 1283. when the Clergy appear to have been represented in both by two Proctors But afterwards Anno 1296. we find the Diocesan Clergy requir'd to appear by one Proxy Vnumquodque Capitulum seu Conventus per unum Clerus quoque cujuslibet Dioecesis per unum similiter Procuratorem idoneum et instructum And Anno 1311. either by one or two Clerus autem per unum vel duos Procuratores consimiles communiter destinandos Inferences from the foregoing Testimonies I produce not these Instances to invalidate the Right of the Cathedral Clergy to be constantly represented by one or the Diocesan by two Proctors of their own choice For that they have now an undeniable Custom of almost four hundred years as they have a Prescription of half that time and upwards for the part they bear in framing and passing Ecclesiastical Constitutions But such Observations came naturally into this Historical Account of the Archiepiscopal Summons and the Inferences I would draw from them are ' That an Interest in Convocation much more a concern in Affairs Ecclesiastical is far from belonging to the Lower Clergy Originally even by the Customs of our own Nation and those Customs Modern if compared with Primitive Practice ' That the present Frame and Establishment first arose from the Command of the Metropolitan to send two Proctors and from a Custom growing thereupon That the Figure they now make in Convocation and much more the Figure that some of the Members would make is far beyond any thing that these their Predecessors pretended to That the Exercise of the Archbishop's Authority in Convocation has been much greater than it is and yet the Church and her Rights did not prosper the less That therefore even waving the Practice of Convocation upon which the Claims of the Upper-House are immediately grounded the late Clamours of Danger and Ruin to the Church from thence can in Reason be regarded by none who will look back to the Condition of the Presbyters in the Primitive Times or even in our own Nation and that not many Centuries ago CHAP. II. The manner of Opening a Convocation All the Members to be ready at St. Pauls ON the day prefixt in the Archbishop's Mandate for the Convocation's meeting all the Members cited thereby are obliged to be ready at St. Pauls for the coming of his Grace Thus it is and ever has been according to Archbishop Parker's account of the establisht Form of Opening a Convocation Sciendum est quòd omnes qui authoritate Reverendissimi citantur ad comparendum coram eo in domo Capitulari Ecclesiae Cathedralis D. Pauli London die tenentur praefixo tempore interesse atque in eadem Ecclesiâ Cathedrali praestolari adventum dicti Reverendissimi The President 's coming to St. Pauls His Grace waited on at his Landing by all the Advocates and Proctors of his Court is by them and his own Retinue conducted to the Church of St. Pauls at the Door whereof the Bishops and Clergy meet and receive him and all walk in Procession to the Quire Prayers and Sermon ended he with the Bishops and Clergy go into the Chapter-House The Dean of the province exhibits his Certificatorium where the Lord Bishop of London Dean of the Province exhibits a Certificate that the Mandate has been duly executed Reverendissimo ac caeteris suis Coepiscopis in suis sedibus ordine consedentibus ac reliquo Clero circumstante Reverendus Dominus Episcopus London Mandatum sibi a dicto Reverendissimo ad Convocationem hujusmodi Summonend directum una cum â—…bito Certificatorio super Executione ejusdem iâ—…roducere ac debita cum Reverentiâ eidem Reverendissimo Patri praesentare tradere tenetur This Certificate under the Episcopal Seal and directed to the Archbishop first acknowledging the receipt of his Grace's Mandate recites it and then signifies how by Virtue and Authority thereof the Bishops of his Province and by them the Deans c. have been regularly Summon'd That he owns himself duly Cited by the Authority of the same Mandate That he has intimated to them his Grace's Resolution not to hold any excus'd but upon good Reasons to be then and there alledg'd That he has also enjoyn'd every Bishop to bring with him a Certificate of the Execution of the foresaid Mandate in his own Diocese And then adding how he has executed it particularly in the Diocese of London he subjoins a Catalogue of the Members therein In like manner every Bishop makes his Return immediately to the Archbishop in a formal Instrument under his Episcopal Seal certifying the Summons of his Dean Archdeacons and Clergy in Virtue of his Grace's Letters Mandatory transmitted by the Lord Bishop of London and adding their several Names and Sirnames By the Archbishop's Order the Bishop of London's Certificate is publickly Read and one or more Officers of his Court appointed by him Other Certificates and Proxies to receive in his Name the Certificates of the other Bishops and all the Letters of Proxy Then a wiritten Schedule is put into his Grace's Hand by which he pronounces all Members cited and not appearing Contumacious Contumacy Pronounced Forma Convocat reserving the Punishment of their
the Arch-bishop and Bishops debate about the same Matter Procuratores c. reintrarunt circa horam undecimam quibus per Dominum Archiepiscopum ad tunc mandabatur quòd citra proximum diem Convocationis exhibeant declarent Articulatim Gravamina sua in Scriptis redacta Accordingly Dec. 7. two of the Members nonnullas Inconvenientias Gravamina pro ex parte Cleri cujus gerebant Organa vocis exposuerunt quae in Scriptis redacta exhibuerunt Anno 1452. The Prolocutor having given the Upper-house an Account of what was done about the Subsidy is askt An quicquam voluisset pro parte Cleri in Ecclesiâ Anglicanâ Reformatione dignum proponere And he continuò quasi ex insperato quamplurima c. proposuit Et quia non erat facilè singula per ipsum ibidem exposita memoriae quae admodùm labilis est commendare idcircò admonuit eundem Prolocutorem dictus Reverendissimus Pater ut singula per eum in hac parte proposita redigeret in literas Concilio traderet pleniùs maturiùs super eisdem deliberaturo Anno 1452. Feb. 7. Praelocutor post explicationem declarationem nonnullorum Gravaminum Ecclesiae Anglicanae Clero ejusdem à Laicis illatorum super quibus petijt Reformationem debitam intimavit c. Anno 1460. May 13. Propositis ibidem coram dicto Reverendissimo Patre alijs in dictâ Domo Capitulari protunc ibidem existentibus quibusdam Articulis per Prolocutorem vivâ voce dictus Reverendissimus Pater decrevit hujusmodi Articulos sic vivâ voce declarat ' in Scriptis redigi Anno 1460. May 24. Reverendissimus c. auditis per eum pluribus Articulis coram ipso adtunc vivâ voce ministratis continuavit c. Anno 1541. Sess 8. Accessit Prolocutor cum quibusdam de Electis à Clero exposuerunt querelas suas Thus the usual Methods of entring upon the Grievances of the Clergy were either upon an express Command from the Arch-bishop and Bishops or by a general Representation thereof to their Lordships who being in that manner sollicited to redress them either by their own ordinary Power or by Intercession with the King or Application to the Parliament were the best Judges of the Methods most proper to be taken for that End and gave their Directions accordingly The Redress of Grievances The Grievances being reduc'd into Articles and read in the Upper-house by the Prolocutor were presented to the Arch-bishop and Bishops to be by them particularly consider'd and debated in order to their further Prosecution of such Measures as should appear most effectual to the Relief of their Clergy After mature Deliberation upon them with the Clergy or among themselves as seem'd most convenient the Articles were either suspended for some time as those in 1411. Dec. 7. Omnes isti suprascripti Articuli quorum Reformatio deliberationis dierum exegit Inducias de consilio assensu expressis Dominorum in Convocatione praesentium positâ— fuerunt adhuc in suspenso or being thought in all Respects just and reasonable they were approv'd and Measures taken by the President and Bishops in Convocation or by their Ordinary Authority if the Matters were such as came under their own Power in either of these Capacities Otherwise they convey'd them to the King in Person in his Council or in his Parliament according to the Nature of the Requests they offer'd The Reformanda frequently propos'd by the Arch bishop among the Causes of Convocation II. The Reformanda whether in Convocatione in Parliamento or per Regem were upon Matters that concern'd the Good of the Church and Religion in general and being therefore equally the Care and Concern as well of Bishops as Clergy were frequently mov'd and propos'd by the Arch-bishop at the Opening of the Convocation among the Causes of his Summons Anno 1400. Jan. 29. The Arch-bishop explains Causas negotia Celebrationis sui Concilij Provincialis Convocationis Cleri vulgariter nuncupat viz. pro defectibus ejusdem Provinciae tam in Clero quà m in Populo juxta Juris Exigentiam Canonicè Reformandis and then he descends to the Particulars Anno 1404. May 17. The first Day of Business the Arch-bishop continuing the Convocation to May 21. demandavit alijs Praelatis Clero tunc ibidem praesentibus quòd singulis diebus interim ad dictum locum Domum Capitularem convenirent laborarent circa Reformanda in Cantuariensi Provinciâ exinde Articulos conciperent in Scriptis redigendos ut cum Dei adjutorio adhibita corum Benevolentia in hac parte quaeque Reformanda hujusmodi possent reformari Anno 1416. Nov. 16. Expositâ per Reverendissimum Patrem Causa Convocationis eorum protunc factae celebratae communicató que inter eosdem viz. the Bishops and Clergy then present aliquamdiu de super varijs Reformandis in Provincia tandem Dominus Continuavit c. Anno 1419. Among the Causes of calling the Convocation particularly explain'd by the Archbishop the third is Pro defectibus in Clero regnantibus auctoritate illius Provincialis Concilij reformandis And then he directs the Lower-Clergy to retire to their House quòd ibidem de super materijs praedictis tractarent communicarent ad finem quòd babitd deliberatione de super praemissis ad Dei laudem auctoritate Concilij finaliter concludi posset concorditer ordinari Anno 1434. The Arch-bishop reckons up several Grievances of the Church Et tunc babita Communicatione super bujusmodi Gravaminibus ordinatum erat tunc ibidem ut hujusmodi Gravamina ac alia quaecunque in quibus dictus Clerus se sentijt gravari nec non si quae forent Crimina Excessus infra Clerum usitat quae necessariâ Reformatione indigerent in Scriptis redigerentur ut super his omnibus ex communi consilio consensu auxilio Remendium posset debitum adhiberi Anno 1439. The Arch-bishop declares the Causes of the Convocation viz. qualiter Jurisdictio Ecclesiastica per Brevia Regia praecipuè per Brevia illa de Praemunire facias plus solito extitit perturbata impedita atque enormiter laesa Qualiter Personae Ecclesiasticae tam Seculares quà m Regulares per falsa Indictamenta alias vias Exquisitas plus solito vexatae gravaâ—ae sunt his diebus And the next Sesson Dominus mandavit Praelatis Clero quartenùs super praemissis alijs materijs quibuscunque Reformatione recessaria indigentibus viz. Qualiter illud Breve de Praemunire facias ipsa falsa Indictamenta quae hodiernis diebus falsò nequiter malitiosè usitantur continuantur in aliquo mitigari aut pro perpetuo deleri finaliter extingui valeant Billas alia Advisamenta in hac parte necessaria ad praemissa Reformanda conciperent Anno 1444. After the mention of the foresaid Writ among the Causes of Convocation the Arch-bishop adds Qualiter in
The Method of Passing Canons and Constitutions before the Statute 25. H. 8. c. 19. was the same that has ever been practis'd in Synodical Meetings viz. by the Authority of the Synod and with the Sanction of the Metropolitan and these two gave them their full Force and Effect But now they are fram'd in order to be laid before the Prince as agreed on by the Arch-bishop Bishops and Clergy and none to be of any Force Effect or Validity in Law but only such and so many of them as he by his Letters Patents under the Great Seal of England shall allow approve and confirm This is the Language of the Royal Licence the Necessity whereof in order to make promulge and execute Canons c. is an Abridgment of the Ecclesiastical Power in these Respects and therefore the ancient Sanction which always signify'd a final Authority could not be continu'd in any Matters which were not to be promulg'd or executed without the Allowance Approbation and Confirmation of the King by his Letters Patents under the Great Seal of England But all Synodical-Acts to which the Royal Licence is not necessary receive their final Authority from the Sanction of the Metropolitan i. e. they still pass in the ancient Canonical way whatever some late Writers too much bent upon the Diminution of Ecclesiastical Power may suggest to the contrary CHAP. XVII Of Proroguing and Dissolving a Convocation AS the Arch-bishop upon receiving the Royal Writ for Calling a Convocation is bound by Law and agreeably to the Deference that has been ever paid to Christian Princes to exert his Summoning Authority so is he under the same Obligation to proceed to Prorogations and Dissolutions thereof in a Canonical way when the Pleasure of the Prince shall be signify'd by Royal Writs to those Purposes For how little Truth there is in the late Notion That the Arch-bishop in those Cases acts purely in a Ministerial way may appear by a Comparison of the Methods of Executing those Commands in Parliament and Convocation The manner of the A. bishop's Proroguing and Dissolving Authoritative For the the first the Prorogation of a Parliament the King by his Letters Patents constitutes such of the Nobility as he thinks fit his Commissioners for that end Dante 's vobis tenore praesentium plenam potestatem facultatem authoritatem c. ad praesens Parliamentum nostrum nomine nostro prorogand c. In the same Stile is the Commission for Dissolving as oft as his Majesty is not present in Person A Stile that is truly and evidently Ministerial But the Writs for doing the same things in Convocation can be directed to none but the Metropolitan himself and that without any Conveyance of Authority or Order to act in his Majesty's Name or any other Direction besides the Proroguing or Dissolving it according to the accustom'd Methods of Convocation Debito modo prorogetis and Dissolvetis seu dissolvi faciatis In pursuance of which Order the Archbishop Prorogues and Dissolves either in Person or by one or more Commissioners specially constituted by his Grace for those Purposes The Archbishop's Admonitions immediately before a Proragation or Dissolution Immediately before a Prorogation or Dissolution we find the Arch-bishop as he saw occasion publickly recommending to the Bishops and Clergy the due Execution of the Ecclesiastical Laws and the Reformation of any particular Abuses and Irregularities in the Church Anno 1428. Ulteriúsque rogavit hortatus est requisivit Reverendissimus Pater Dominus praedictus praefatos Confratres suos ut in inquisitione fienda contra Lollardos Haereticos hujusmodi diligentiam interim omnimodam quam poterant adhiberent cùâ—… revenerint quid contra eos fecerint ipsum pleniùs certificarent specialiter de illis quorum momina sibi detecta dictis Confratribus suis prout unumquemque in Dioc. suâ concernebant in Cedulis divisis conscripta circa tres Dies antea tradidit liberavit Anno 1601. Sess 18. The Extracts out of the Upper-house Books have this Note immediately before the Dissolution Arch-bishop exhorts the Bishops to be diligent in their Charge and careful to observe the Canons in the last Convocation Anno 1586. The Lower-house Book immediately before the Dissolution Revereâ—dissimus Pater Dominus Cant. querelatus est de pravâ immoderatâ luxuriâ ac minus verecundo gestu ac morum intemperie nonnullorum Clericorum Provinciae Cant. ad fora loca publica concurrentium Quare monuit Decanos Archidiaconos alios jam praesentes ad quos Correctio delinquentium hujusmodi pertinet ad severè procedend puniend obnoxios culpahiles si incorrigibiles perseveraverint ad implorand auxilium opem Episcopi Diocesani vel ipsius Reverendissimi Patris vel etiam ipsius Serenissimae Dominae nostrae Reginae ne actionum morum pravitas istorum obnubilet obscuret Dectrinam Evangelii quod verbis profitentur quo pluribus perniciosum siet pessimum eorum exemplum The Writs of Prorogation and Dissolution On the Day of Prorogation or Dissolution the Royal Writ is produc'd and publickly read But that being only a Direction to the Archbishop to Prorogue or Dissolve neither of these are effected by that Publication of the Writ On the contrary the very first Writ of Prorogation we meet with Anno 1532. May 15. was read in the Morning Reverendissimus ostendebat quoddam Breve Regium sibi directum pro Prorogatione hujusmodi Convocationis Quod Breve idem Reverendissimus publicè legebat and yet the Convocation sat till Noon and after Dinner met again So also Anno 1434. March 31. The Writ of Prorogation was brought in and read and afterwards the Resolutions of the Lower-Clergy touching the Pope's Supremacy were delivered and then the Arch-bishop is said to Continue to the Day specify'd in the Writ For so is the Practice of Convocation The Pleasure of the Prince is signify'd to the Archbishop by the Writ but his Grace pursues that Royal Order by a â—ormal Declaration out of a Schedule mentioning indeed the Royal Writ but running solely in the Arch-bishop's Name and by him pronounc'd in presence of the Bishops and Clergy The Authors therefore of some late Schemes have done a manifest Injustice to the Constitution of our Protestant Church in contending against Law and Practice that the Reformation put an end to the ancient Canonical Ways of transacting Ecclesiastical Matters and introduc'd a new Model inconsistent with the Primitive Distinctions between Presbyters and Bishops and unknown before either to this or any other Episcopal Church The foregoing Chapters I hope may vindicate our Reformation from the late Aspersions of that kind as well as the Ecclesiastical Government thereof from any such Repugnancy to the Primitive Rules and may withal make it more easily understood whether they who have carry'd on those new Measures or they who have oppos'd them are the truer Friends to the Rights Liberties and Honour of our
directly upon themselves For it was in their own Power upon this Principle to become a House when they pleas'd and not the less so for his Grace's Delaying the Appointment of a Common Referendary But in truth since the Separation of the two Houses in their Debates the title of Prolocutor has comprehended all the Offices of the Place as the Confirmation of his Grace and the Bishops has been ever thought to Instate him in the Office and make the Lower Clergy a House to act in a due Subordination to those their Superiors And this new division of the Office is evidently fram'd to Support the notion of their being a Separate House and in a Condition to debate business of their own antecedent to this Act and the Authority of their Lordships Which being once allow'd would quickly establish them in a Co-ordinate State and open a way to any degrees of Independence they should hereafter please to insist on IV. Additional Observations touching the AUTHORITY of the SUMMONS to Convocation The Authority of Summoning appli'd both to the King and the Archbishop P. 189. The title of the Convocation of 1562. as of others since the Act of Submission runs thus Convocatio Praelatorum Cleri Cantuar. Provinciae inchoat in Domo Capitulari Ecclesiae Divi Pauli London Auctoritate Brevis Regij Reverendissimo c. in hac parte directi c. P. 1. App. The form of holding a Convocation drawn by Archbishop Parker for that of 1562. begins thus Sciendum est quòd omnes qui Auctoritate Reverendissimi Domini Archiepiscopi Cant. citantur ad comparendum coram eo in in Domo Capitulari Ecclesiae Cathedralis Divi Pauli London c. The Titles of our Convocations before and since the Reformation agree in the first Clause Convocatio Praelatorum Cleri Cantuarlensis Provinciae which shews that by our Protestant Constitution they are no less an Ecclesiastical and Provincial Synod of Bishops and their Clergy under one common head the Metropolitan of of the Province than in the times of Popery they were If therefore the Clergy as has been pleaded of late be not comprehended in that Phrase Convocationem Praelatorum Cleri in the form of Continuing they are by the same rule no Members of an English Convocation But whereas the Convocations before the Reformation are generally said in the Title to be Factae per Reverendissimum c. upon the Submission Act the Style seems to have been chang'd because the first title we have entire after that Act this I mean of 1562. makes the Convocation to be begun Auctoritate Brevis Regij Reverendissimo c. direct And yet we see that Archbishop Parker lookt upon the Convocation of that very Year to be Cited or Summon'd Auctoritate Reverendissimi c. Hereupon a question arises about the true meaning of the term Authoritas as us'd in these titles and on some other Occasions In what Sense the Bishops and Clergy are said to be Summon'd to Convocation by the King's Authority and in what by the Authority of the Archbishop The Archiepiscopal Summons Authoritative before the Act. It is agreed on all hands that before the Act of Submission an English Convocation was Summon'd by the Sole Authority of the Metropolitan Nor do we deny that Act to have been a confiderable Abridgment of the Liberties of the Church in the matter of holding Synods but only that it did not so far affect the Ecclesiastical Power as to change them into Civil Meetings i. e. Meetings Summon'd and acting in virtue of that Summons immediately upon a Civil Authority The Civil Summons an argument of the Papists against our Reformation This Civil Summons and the Authority of it has been warmly asserted by two sorts of Persons 1. By the Papists who ever since the Reformation have taken the Advantage of that Act of Submission to asperse our Protestant Synods as Civil Meetings and the Canons c. made in them as of a Secular Original 2. By some late Opposers of the Metropolitical and Episcopal Authority in Convocation One of whom forms this New and very Uncanonical Scheme of Summoning and Holding Synods upon that Expression in the Submission-Act The Authority by which the Convocation meets is now purely Royal Power of the Lower House p. 3. c. 1. The words of the Act are express in the case which shall always be assembled by Authority of the King 's Writ So that since this Statute the Archbishop's share in Convening them is not Authoritative but Ministerial And when therefore he frames his Mandate upon the King 's Writ he does it as the King's Instrument only and the proper Officer who is to execute the Royal Summons The Argument arising from hence is that his Grace has now no Authority to Convene the Body of the Clergy Again Ibid. p. 17. c. 1. 2. An English Metropolitan Presiding over a Synod c. call'd together not any way by his but purely by Royal Authority And in another place Ibid. p. 20. c. 2. The Convocation Subsists by the King 's Writ Let the most virulent Adversary of this Protestant Church frame if he can a description of its Synodical Meetings that shall be a deeper Reproach to our happy Reformation Against the first sort of Adversaries the Papists and Protestants one would think should be as easily answer'd a full Vindication of our Reform'd Church has been built upon the Genuine meaning of the Act of Submission interpreted according to the true intent thereof and the antecedent and subsequent Practice with other Circumstances all which we have been forc'd more particularly to Urge and enforce of late to defend the honour of our Constitution against the Second sort of Adversaries also As The intent of the Statute no more than to restrain the Archbishop from exerting his Authority without the Royal License That the Crown did not want the Assistance of any Act to have a Convocation at pleasure because the Right of enjoyning the Archbishop to Summon it in due form as our Princes saw Occasion was always thought a Power Inherent in the Crown and was all along practis'd in England both before and since the Reformation and is indeed a Right belonging to Christian Princes in general But till the Act of Submission the Archbishop also had a Power of Summoning Convocations according to the Exigencies of the Church without the permission or direction of the Royal Writ And King Henry VIII apprehending that the Archbishop Bishops and Clergy in Convocation might protest against or obstruct his Measures of Reformation got a sufficient Security against that danger by making himself in virtue of that Act the Sole Judge when a Convocation should be Summon'd As the King neither gain'd nor wanted more than this so nothing was taken from the Archbishop but the ancient Right of Exerting his Summoning Authority AT PLEASURE the Authority it self remaining Entire and as full and effectual as ever when that Restraint is taken off The Power
which the King gain'd and the Archbishop lost is express'd by the Statute in the word Always Which shall Always be assembled by Authority of the King 's Writ Before that Statute the Convocation had been sometimes call'd at the sole Motion and Pleasure of the Archbishop and sometimes upon the Royal Writ but since the Archbishop is confin'd to wait for the Direction of the Royal Writ The Intention therefore of directing the Royal Writ to the Archbishop is twofold 1. To signify the Pleasure of the Prince that at that particular time his Grace shall exert the Summoning-Authority inherent in his See as it has been ever exerted at the Command of the Kings of England 2. To be a legal Discharge from the Restraint of this Statute and a Security against the Penalties of Summoning without the Royal License The word Authority in the Statute only implys a le Leave or License For that the word Authority as it stands in the Act was intended for no more than a Leave or License to Summon is evident from the very Submission upon which the Act was immediately founded We will never from henceforth c. unless your Highness by your Royal Assent shall License us to assemble our Convocation And from the Dedication of the Clergy to the King prefixt to the Institution of a Christian Man Without your Majesty's Power and License we acknowledge and confess that we have not Authority to assemble together for any Pretence or Purpose c. And lastly from the Stile given to the Royal-Writ by Queen Elizabeth Cum Nos c. Archiepiscopo mandaverimus eidémque Licentiam Concesserimus quòd Convocari faceret singulos Episcopos c. As therefore the Bishops and Clergy in Convocation apprehensive of the Penalties of the Statute have taken care to use the very Expression of it with Reference to the Royal-Writ so that Expression being directly taken from the Statute is of course to be interpreted according to the Extent and Meaning thereof The Archbishop's Summons Authoritative from the Stile of the Mandate and Returns The Methods of Summoning antecedent and subsequent to that Statute are a clear Argument that the Archbishop's Authority therein remain'd entire That all his Summons before it tho' issu'd upon a Royal Writ and that expressly recited in the Mandate were yet Authoritative is not deny'd And if this Act of Submission had been intended to change the Archiepiscopal Summons into a Ministerial Office it would have given Directions for changing the Authoritative into a Ministerial Stile at least such a Change must of course have been made But no such Alteration appears either in the Mandate or the Dean of the Province's Certificate of the Execution The Writ comes to the Archbishop for it can be directed to none else in the same Stile and Manner as before the Statute it did and is now no otherwise inserted in the Archiepiscopal Mandate than was usual before the Reformation The Archbishop directing that Mandate to the Dean of the Province goes on Breve Regis c. recepimus in haec verba After a recital of the Writ he proceeds Quocirca i. e. having receiv'd this Royal Permission and Direction to exert the Summoning-Power inherent in the See Fraternitati vestrae COMMITTIMUS MANDAMUS VOLUMUS MANDAMUS INJUNGIMUS MANDAMUS All express Terms of Authority in his Grace's own Name and under the Archiepiscopal Seal Accordingly the Dean of the Province's Certificatorium or Return declares his Execution of every particular Branch thereof to have been in Virtue and by Authority of his Grace's Mandate Literas vestras Reverendissimas Citatorias Monitoriales jam dudum nobis sab sigillo vestro directas cum câ quâ decuit Reverentiâ humiliter recepimus Quarum literarum VIGORE pariter AUTORITATE AUTORITATE per receptionem Literarum vestrarum juxta VIM FORMAM EFFECTUM earundem secundum FORMAM TENOREM Literarum Vestrarum In like manner the Returns of all the other Suffragans are made immediately to his Grace and ultimately lodg'd where they ever were before the Submission-Act in the Registry of the Archiepiscopal See Whereas all Executions by the King's Authority are returnable of course into the Offices belonging to the Crown Right of the Archbishop p. 9. c. Hist of Con. p. 14. This Point of the Metropolitan's Authoritative-Summons has been more largely prov'd and explain'd elsewhere But the contrary Doctrine of its being Ministerial is attended with Consequences so very dishonourable to our Reform'd Church that I could not leave the Reader under any Danger of being missed into that Opinion by this general Expression of the Statute transcrib'd from thence into the Titles of our Acts and into some of the Instruments of Convocation For if that new Notion were true the Proceedings of Convocation would be so far from agreeing to the Principles of an Episcopal Church that they would not be the Proceedings of any Church at all The Ecclesiastical Power must then be swallow'd up in the Civil and the Methods of Proceeding would not be influenc'd by the ancient Synodical Rules or the Distinction of Bishops and Presbyters but founded entirely upon a Model fram'd and establisht by the State Enough I think has been said to expose and overthrow that Uncanonical Scheme but because it is come in my way I will take the Opportunity of adding an Observation or two 1. That at the Opening of Convocations as well since as before the Act of Submission the first step in certifying the due Execution of the Summons has been the Exhibiting and Reading the Dean of the Province's Certificatorium or Return directed to the Metropolitan alone in pursuance of whose Command and Authority every particular as we have seen is said to be duly executed Nor has any more Notice been taken of the Royal-Writ than as 't is recited in the Archiepiscopal Mandate just as it was before the Statute at the Opening of all Convocations which were Summon'd upon the Writ 2. The Contumacy pronounc'd thereupon is meerly for not attending according to the Tenor of his Grace's Mandates to the several Bishops with their Lordships Certificates to his Grace of the due Execution and the Censures for Absence being all purely Canonical shew them to be inflicted for an Act of Disobedience to the Authority of their Canonical Superior 3. Cardinal Pool held a Convocation in the Year 1557 the latter end of Queen Mary's Reign and the Title of it is Convocatio sive Sacra Synodus Convocata auctoritate Brevis Regis Philippi Mariae c. Now 't is not to be imagin'd that either the Queen or the Cardinal so remarkably tender of the Privilegdes and Immunities of the Church would have given way to a Convocation upon that Foot had it been the Opinion of those Times that the Authority of the Royal Writ destroy'd that Authoritative Summons which the Archbishops before the Reformation had always exercis'd The Case of the Convocation's being Dissolved by
general were remarkably zealous for the Rights of the Church so many of the Members in the two Convocations were some of the most eminent Assertors of those Rights that our Church or Nation has known Not to mention more we find Anno 1640. in the Upper-house Archbishop Laud with the Bishops Juxon Wren Davenant Mountague Duppa Warner c. In the Lower we meet with Dr Lancy Potter Brownrig Frewen Heylin Sheldon Feil Hammond Steward with many others distinguisht soon after by their eminent Sufferings in Defence of the Rights and Discipline of the Church Anno 1661. in the Upper-house Archbishop Juxon and the Bishops Sheldon Wren Duppa Sanderson Henchman Morley Warner Laney c. In the Lower Dr. Gunning Earl Sudbury Pearson Fell Dolben Thorndike Lamplugh Oliver Ward Sparrow Blanford Fleetwood c. It will not I hope he said much less believ'd That the Members of these two Convocations did not understand and pursue the true Interests of the Church or that they either knew not or did not regard the establisht Methods of Proceeding in an English Convocation Nor do the Characters of the Members in each House suffer us to imagine either that the Bishops were in the least Disposition to Invade the Liberties of the Clergy or if they had that the Clergy would have given way to any Violation of the Rights of their Order and the Privileges of their House It has been the Care of our present Prelates to govern their Proceedings by the Practice of former times and particularly of such Convocations as had before them the Registers now consum'd and consisted of Members so deservedly celebrated among us for a strict Regard to the Interest the Rights and Discipline of the Church It may therefore be justly expected that the Persons who on account of these Proceedings have so freely charg'd my Lords the Bishops with Designs of subverting the Church and oppressing the Clergy that they I say should produce the Instances in which their Lordships have deviated from the Example of those their Predecessors whose Affection to the Church and Clergy was never question'd till struck at in some late Censures of our present Prelates for imitating them in the Canonical Method of holding a Convocation Nor can they of the Lower-house who desire to act in a dutiful Subordination to their Ecclesiastical Superiors be liable to any Censures for this their Submission which will not equally make those Learned and Orthodox Presbyters in 1640 and 1661 the Betrayers of the Rights of their Order whether through Negligence or mean Compliances for Secular Ends. 4. If it be objected against the Authority of the Register of 1661 that the difuse of Convocations during the Civil-Wars might make the Clergy less acquainted with the true Methods of holding them the Answer is obvious That they had then the Direction of all the Registers entire and appear in Fact to have follow'd the Methods in 1640 as that without doubt proceeded by the Pattern of former Convocations Add to this That several of the Persons in 1661 had been Members also in the Convocation of 1640 and must therefore be presum'd to have a sufficient Knowledge of the Manner of Proceeding By comparing the Lists of these two Convocations I find besides the Archbishop that six of the Bishops Duppa Pierce Wren Warner Roberts and Skinner were Members of the Upper-house in both and four more viz. Sheldon Floyd Griffith and Ironside advanc'd to the Dignity of Bishops at the Restoration to have been Members of the Lower-house in 1640. And as to the Lower-house it self Dâ— Oliver Fleetwood Rives Baily with several others at least twenty in all appear to have been Members thereof in both these Convocations of 1640 and 1661. and suppose all former Registers to have been lost as they then remain'd entire it would not be suggested that in 1661 these ancient Members were either unable to direct their Brethren or willing to mislead them FINIS AN INDEX REFERRING To the most remarkable Matters in the foregoing Registers of the Vpper-house and Journals of the Lower A ARticles XXXIX debated page 193 194. Pass'd 196. Archbishop's going from Lambeth to St. Paul's the first day of Convocation 1 9 61 194. Assessors to the Prolocutor vid. Prolocutor B Beale Doctor a Member of the Lower-house threatn'd with Censures by the Archbishop upon a Complaint against him in Parliament 38. Benevolences of the Clergy to the King over and above the ordinary Subsidies 31 33 36 43 82 154 170. C Calendar of the Common-Prayer revis'd 89. Canons begun 23 31. finisht 43. laid before the Council 48. read and pass'd by Subscription 52. Canons of 1640 revis'd in 1661. 96 97 98 102. Catechism examin'd by a Committee of Bishops 206. confirm'd by the Lower-house 215. Causae Convocationis explain'd to the Bishops and Clergy by the President 3 196. Certificatorium of the due Execution of the Mandate exhibited to his Grace by the Dean of the Province 2 63 195 Certificates of the other Bishops exhibited to a Commissioner appointed by his Grace 197. Commination-Service in the Liturgy 90. Committees of both Houses appointed and order'd in the Upper-house 22 26 47 67 68 72 74 92 124 125 168. Committees of Bishops 39 45 47 76 79 84 88 94 97 102 103 107 108 110 114 116 118 120 158 206 213. Committees of the Lower-house order'd by the Archbishop 23 32. Committee of the whole House order'd by the Archbishop 33. Committees i. e. the Names of the Members chosen notify'd to the Upper-house 22 23 32 76 119. Common-Prayer V. Prayer Conference 92. Consecration and Ordination of Deacons Presbyters and Bishops the Form revis'd 88. Consecration of Parish-Churches a Form thereof compil'd 107 116 118 121. Constitutions for collecting a Subsidy 158. pass'd 160. Contumacy for Absence and the Schedules thereof 2 16 64 197. executed by the Archbishop upon the Inferior Clergy 151 153 163. threatn'd to be executed 170 2. Contumacy pronounc'd in the Lower-house by Dr. Yale as his Grace's Commissary 211. Convocation the opening thereof 1 2 13 61 137 164 194. Sitting after the Parliament 33. divided into two Houses 3. Council advis'd with in Convocation 36 39 40 51 99 108 154. Courts Ecclesiastical reform'd 49 50 74. D Disciplina Capitula de brought in 196. compleated 213. Additions made 214 215. Dissolution of the Convocation 54 164 176. E Elections try'd one in the Upper house another in the Lower by the Prolocutor 140 c. Excommunicat capiend Breve de 37 42. Exercises to be perform'd by Ministers 149. F Fees unjustly detain'd from the Clergy 36. G Goodman Bishop of Glocester protests 44. suspended for not subscribing 52. Grammars to be us'd in all Schools 115 117 123 124. H Habits of Convocation 1. I Jesuits Canon against them 23. K King's Thanks to the Convocation for their Care and Pains in preparing Canons 48. his Letters to the Convocation 38 42 83. L Licenses from the King 19 31 34 71 73 83. Lower-house